Terms and Conditions
The terms that govern use of this site.
This Agreement was last revised on February 14th, 2020.
I. Our Introduction
www.owlpricing.com (“we,” “us,” or “our”) welcomes you.
Here at owlpricing.com, we offer you an easy to navigate and user-friendly website that presents our data-driven pricing strategy, revenue optimization, and advisory services for businesses.
We offer you access to our services through our “Website” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.
II. Definitions
- “Agreement” denotes these Terms and Conditions, the Privacy Policy, and other documents provided to you by the Website;
- “Service” or “Services” is a reference to the pricing strategy, revenue optimization, and advisory services we may supply and which you may request via our Website;
- “User”, “You” and “your” denote the person who is accessing the Website or requesting any service from us. User shall include the company, partnership, sole trader, person, body corporate or association accessing this Website;
- “Client” means a person or entity that engages us for the provision of our Services under a separate written engagement agreement or proposal;
- “We”, “us”, “our” and “Company” are references to OWL Pricing, a division of Origin World Corp, located in the United States;
- “Website” shall mean and include https://www.owlpricing.com and any successor Website of the Company or any of its affiliates;
- “Engagement Agreement” means the separate written proposal, statement of work, or services agreement under which we provide Services to a Client, including its scope, fees, and payment terms.
III. Interpretation
- All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
- Words importing any gender shall include all the other genders.
- Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
- All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define, limit or affect the meaning or interpretation of the terms of this Agreement.
IV. Commitment and Scope
- Acceptance. By using our service in any manner, you are bound by these Terms and Conditions, as well as the terms of the Agreement identified above. In case you do not accept the terms, then please do not use our Website. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
- Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to third-party products or services, which are governed by their own terms of service.
- Eligibility. The Website is intended for business users. Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
- Electronic Communication. When you use this Website or send emails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive reply communications from us electronically in the same format, and you can keep copies of these communications for your records.
V. Our Services
Here at owlpricing.com, we provide an easy to navigate and user-friendly website that presents our pricing strategy, revenue optimization, and advisory services for businesses.
Our Website provides information about our Services and a means to contact us and request a consultation. Actual Services are scoped, priced, and delivered under a separate Engagement Agreement entered into between you and us. Nothing on this Website constitutes a binding offer to provide Services, professional advice, or a guarantee of any particular outcome.
VI. Modifications to the Service
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address you have provided to us or by posting a revised version of the Terms incorporating the Changes to our Website. Your continued use of the Services following notice of the Changes (or posting of the Terms incorporating the Changes, in the event your email address is no longer valid, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Website.
VII. Registration Information
You may browse this Website anonymously without creating a user name. Where we offer a means to contact us, request a consultation, or subscribe to updates, you may be required to provide specific information.
You accept that the details you provide are correct and that you will keep your details up-to-date. Where any account or credentials are issued to you, you are responsible for the security of all of your user names, passwords and registration information, and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
VIII. Website Content
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Website.
All registered rights relating to any third party links, content or resources published on the Website shall remain with the original source.
For all other content published on the Website, the Website reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Website; this includes all text, graphics, photographs, logos and/or other items that appear on the Website.
Visitors are not authorized to use the Website’s name, logo or likeness without prior consent.
IX. User Submission
A. Content Responsibility. The Website may permit you to post comments, feedback, or messages (“content”), but you are solely responsible for the content posted by you, and once submitted it may not always be removed or withdrawn from the Website. It is at your own risk and accountability as to the submitted content’s reliability and quality. You represent that you have the required permission to use the content.
Please do not use content that:
- contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, or inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, or contains gross exaggeration or unsubstantiated claims;
- violates the privacy rights of any third party, or is unreasonably harmful or offensive to any individual or community;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
- uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms, or uploads or transmits viruses or other harmful, disruptive or destructive files;
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual, or repeats prior posting of the same message under multiple emails or subjects;
- contains information or data which is unlawfully obtained.
Our staff reviews submitted content. Any submitted content that includes, but is not limited to, the above will be refused. If repeated violations occur, we reserve the right to cancel user access to the Website without advance notice.
X. Engaging Our Services and Payment
- No products or services are sold or charged for directly through this Website. Any engagement for our Services is between you and OWL Pricing and is governed by a separate Engagement Agreement that sets out the scope, deliverables, fees, and payment terms.
- You agree to take particular care when providing us with your details and warrant that those details are accurate and complete.
- Where fees are payable under an Engagement Agreement, payment terms (including method, schedule, and currency) will be set out in that agreement.
- You must ensure that you keep any payment or account details secure and do not provide that information to a third party.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details you provide secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or contacting us through the Website.
- We may refuse or be unable to proceed with an enquiry or engagement if you do not meet the eligibility criteria set out above or if proceeding would breach applicable law.
- We take client feedback very seriously and use it to constantly improve our Services and quality of service.
XI. Fees and Refunds
Because no purchases are made through this Website, fees for our Services, together with any cancellation or refund terms, are governed entirely by the individual Engagement Agreement entered into between you and us. In the absence of a separate written agreement, no fees are due in respect of your use of this Website. We encourage you to discuss scope, timing, and fees with us before any engagement begins.
XII. Limited Guarantee
By availing yourself of our services:
- We provide an opportunity for you to learn about and request the Services offered from our Website;
- We do not provide any warranty or guarantee that the Service descriptions or any information on the Website are accurate, complete, reliable, current, or error-free. If a Service offered through the Website is not as described, your sole remedy is to notify us so that we may take further action.
XIII. Geographic Restriction
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may exercise this right as necessary. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website is invalid where prohibited.
XIV. General Conditions
- A person who is under 18 years of age must have consent from a parent or a guardian to use the Website and request our Services, and that parent or guardian must agree to these Terms on their behalf.
- The information provided on the Website is general in nature and is not a substitute for professional advice tailored to your specific circumstances. You should obtain a separate Engagement Agreement before relying on us to deliver any Services.
- You may not act as an agent to promote our Services or opportunities without our prior written consent.
- You may not reproduce, resell, or use the Website’s content to provide a competing service.
XV. Your Commitment and Responsibilities
- You shall use the Website and Services for a lawful purpose and comply with all applicable laws;
- You shall not upload any content that is defamatory, infringes any trademark, copyright or proprietary rights of any person, affects anyone’s privacy, contains violence or hate speech, or includes any sensitive information about any person;
- You shall not use or access the Website for collecting any market research for a competing business;
- You shall not use any virus or hacking tool to interfere with the operation of the Website or its data and files;
- You will not use any device, scraper or automated means to access our Website for any purpose without our permission;
- You will inform us if you find anything inappropriate or illegal;
- You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we will review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
XVI. Exclusion of Liability
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect, consequential or any other form of loss or damage that may be suffered by a user through the use of the www.owlpricing.com Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall OWL Pricing, nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, consequential or exemplary costs, including without limitation, loss of proceeds, data, usage, goodwill, or other intangible losses, resulting from (i) your use or access of, or failure to access or use, the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
XVI. No Responsibility
We are not responsible to you for:
- any reliance that you may place on any material or commentary posted on our Website. Please note that nothing contained in our Website or the material published on it is intended to amount to advice on which you should rely; or
- any losses you suffer because the information you put into our Website is inaccurate or incomplete; or
- any losses you suffer because you cannot use our Website at any time; or
- any losses you suffer through connecting to any linked third party websites or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website, and we do not guarantee that they are free from viruses or anything else that could be infectious or destructive; or
- any errors in or omissions from our Website; or
- any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Website; or
- any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it; or
- the privacy policies and practices of other linked third party websites, even if you access them using links from our Website; or
- any unauthorised access or loss of personal information that is beyond our control.
XVII. Third Party Links
We may include links to external or third-party websites (“External Sites”). These links are provided exclusively as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is created and used by others. You can contact the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when downloading files from these websites to safeguard your computer from viruses and other harmful programs. If you choose to access linked External Sites, you do so at your own risk.
XVIII. Personal Information and Privacy Policy
By accessing or using the Website, you authorize us to use, store or otherwise process your personal information as per our Privacy Policy.
XIX. Errors, Inaccuracies and Omissions
Every effort has been taken to ensure that the information offered on our Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs, or any warranty as to the full functionality, accuracy, or reliability of the Website, and no warranty shall be provided by us as to its suitability for any purpose.
XX. Disclaimer of Warranties; Limitation of Liability
OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION TO ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITE DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
XXI. Copyright and Trademark
We have provided certain material such as graphics, logos, photos, designs, audio recordings, text, software, etc. (collectively referred to as “Content”). The Content may be owned by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.
If you violate any provision of this Agreement, your rights to access or use the Website shall terminate and you must with immediate effect destroy the copies you have created from the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.
XXII. Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misappropriation of the Content or the Website. We shall provide you notice of such claim, suit or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
XXIII. Miscellaneous
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Termination
Term. The Services provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) we will cease providing the Services; (b) any fees you owe to us under an Engagement Agreement will immediately become due and payable in full; and (c) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
Governing Law and Judicial Recourse
The terms herein will be governed by and construed in accordance with the laws of the United States of America and the State of Florida without giving effect to any principles or conflicts of law. The courts of the State of Florida shall have exclusive jurisdiction over any dispute arising from use of the Website.
Force Majeure
We will have no liability to you, your users, or any third party for any failure by us to perform our obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
Hosting Services
We have entered into arrangements with one or more third parties for hosting services that are essential to, and incorporated within, the Services, and without which the Services could not be provided to you.
Assignment
The Company shall have the right to assign or transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
Contact Information
If you have any questions about these Terms, please contact us at info@owlpricing.com.