Privacy Policy
Welcome, and thank you for your interest in Omega PreCast Limited (“we,” or “us”) and our website at www.omegaprecast.com (the “Site”). By accessing or using the Site, you agree to these Terms of Use (the “Terms”) which are a legally binding contract between you and Omega PreCast regarding your use of the Site. If you do not wish to accept the Terms, do not access or use the Site.
1. Purpose
The Site provides certain information about us and about the precast concrete products and construction services we sell, and provides you with opportunities to contact us.
2. Service Agreements
If you are an Omega PreCast client, then (i) your access and use of Omega PreCast services, including services that may be accessible to clients through the Site are governed by the provisions of the service agreement and order form entered into between you and Omega PreCast (“Service Agreement”), and (ii) in the event of any conflict between these Terms and the Service Agreement, the Service Agreement will prevail.
3. Ownership; Proprietary Rights
The Site is owned and operated by Omega PreCast. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Omega PreCast is protected by intellectual property and other laws. All Materials associated with the Site are the property of Omega PreCast or our third-party licensors. You are authorized to view the Materials on the Site in accordance with these Terms but you may not make any other use of the Materials without the prior express written permission of Omega PreCast. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.
4. Privacy Policy
Please read the Omega PreCast Privacy Policy for information relating to our collection, use, storage and disclosure of information we collect about you. The Omega PreCast Privacy Policy is incorporated by this reference into and made a part of these Terms.
5. Information Sharing and Rights
When you provide information through the Service, including project specifications, contact details, or construction requirements (“Submitted Information”), you understand and agree to the following, except where we and you have put in place a Service Agreement that expressly supersedes the below terms:
The Licenses You Grant To Us. When you provide us with or make available to us any Submitted Information, you are granting us several licenses to use that information (and you are representing to us that you have the right to make this grant):
You grant us a license to access and use the Submitted Information to provide our precast concrete services, develop project proposals, and improve our service offerings, provided we maintain confidentiality regarding your specific project details and proprietary information.
You provide us the right to use general industry information and non-proprietary data derived from your projects to enhance our manufacturing processes and service capabilities.
You agree that we may create derivative works related to construction methodologies and precast solutions based on aggregated, non-identifiable project information.
You also agree that we have the right to use aggregated, de-identified information for industry analysis, quality improvement, and service development purposes.
The Representations You Make To Us. You warrant and represent that you have all necessary rights, permissions, and authority to provide the Submitted Information to us and that doing so will not put you in violation of any contracts you have signed or any laws.
You warrant and represent that the Submitted Information is accurate and relates to legitimate construction or development projects.
Nature of Service. Our services are provided based on the information you submit to us. We strive to deliver high-quality precast concrete solutions based on your specifications, but you understand that we may modify our service offerings, pricing, or availability at any time. We may terminate service agreements in accordance with the terms specified in individual contracts.
6. Prohibited Conduct
You agree not to:
6.1. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
6.2. interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;
6.3. interfere with the operation of the Site or any visitor’s enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;
6.4. use any means of automated data collection (“scraping”) or indexing (“crawling”), including by use of data mining tools, scripts, repeated data requests, automated systems (“robots”), or any other method to collect, copy, or aggregate information hosted on the Site; or
6.5. attempt to do any of the acts described in this Section 6, or assist, encourage, request, or permit any person to engage in any of the acts described in this Section 6.
7. Linked Websites
The Site may contain links to third-party websites such as industry resources or supplier websites. Third-party websites are not under our control, and we are not responsible for their content.
8. Modification of the Site
We reserve the right to modify or discontinue the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or termination of your access to or use of the Site.
9. Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes.
10. Service Capacity
Omega PreCast’s services are subject to manufacturing capacity and scheduling availability. Project timelines and delivery dates are estimates based on current capacity and may be subject to adjustment based on production requirements, weather conditions, and other factors affecting precast concrete manufacturing.
11. No Warranty
The site and all materials and content available through the site are provided “as is” and on an “as available” basis. Omega PreCast disclaims all warranties and conditions of any kind, whether express or implied, relating to the site and all materials and content available through the site, including without limitation any implied warranty of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. Omega PreCast does not warrant that the access to the site, or any materials or content offered through the site, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the site or any materials or content available through the site will create any warranty regarding the site that is not expressly stated in these terms. You understand and agree that you use the site and any materials or content available through the site at your own discretion and risk, that you are solely responsible for any damage to your property (including the computer system or mobile device you use to access the site), or loss of data that results from the use of the site or any materials or content available through the site.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
12. Limitation of Liability
In no event will Omega PreCast be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or any materials or content on the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Omega PreCast has been informed of the possibility of such damage.
The aggregate liability of Omega PreCast and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents to you for any and all claims relating to the use of (or any inability to use) the site, or otherwise arising under these terms, shall under no circumstances exceed $1,000 USD.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails in its essential purpose.
13. Governing Law and Choice of Forum
These Terms are governed by the laws of [Your Jurisdiction] without regard to conflict of law principles. Any dispute arising in connection with the Site or these Terms will be litigated exclusively in the courts located in [Your City/State], and both you and Omega PreCast hereby submit to the personal jurisdiction of such courts and waive any objection regarding venue or inconvenient forum in such courts.
14. General
The failure to require the performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms for any reason, Sections 3, 4, and 9 through 13 will survive.
15. Consent to Electronic Communications
You consent to receive certain electronic communications from us as further described in our Privacy Policy.
16. Feedback
If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site or our services (“Feedback”), then you hereby grant Omega PreCast an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and our precast concrete services.
17. Contact Information
The Site is controlled by Omega PreCast Limited located at [Your Complete Address]. You may contact us by sending correspondence to that address or by emailing us at info@omegaprecast.com.