Terms of Use
August 2024
1. Introduction
1.1 The website www.overhan.com (the “Website”) is owned and operated by Overhan Services Limited (hereinafter the “Company”, “Overhan”, “we”, “our”, and “us”).
1.2 The Company registered address is at Andrea Kariolou 38, 3rd Floor, Agios Athanasios, 4102, Limassol, Cyprus.
1.3 This document constitutes the Company’s Terms of Use covering the use of our Website. We request you to read and carefully take into consideration our Terms of Use that are therein included alongside the rest legal documents that are published on our Website (altogether the “Agreement”).
1.4 This is a binding Agreement between the Parties. As a result, there are applicable obligations, restrictions, and other useful information that govern the established relationship between the parties.
1.5 The Client is considered that accept the Agreement by using or/and accessing our Website.
1.6 In the case that you do not agree to the Terms below, we are kindly requesting you stop accessing our Website or/and request the provision of our Services via contact information on our Website.
2. Age Requirements
2.1 You may not access or use the Website or accept these Terms of Use if you are not at least 18 years old. Our Services are provided to individuals who are 18 years old and above. If you’re under the aforementioned age limit required, you must have your parent or legal guardian’s permission to access our Services via our Website.
2.2 Additional age requirements may be applied for the use of specific services or downloadable software/equipment.
3. Acceptable use of the Website
3.1 The following terms define the acceptable use of the Website and the content available therein. You agree to abide by all applicable laws. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
3.2 While using the Website, you will refrain from –
❖ Breaching these Terms;
❖ Interfering with, burdening or disrupting the functionality of the Website;
❖ Breaching the security of the Website or identifying any security vulnerabilities in it;
❖ Circumventing or manipulating the operation, or functionality of the Website, or attempting to
enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the
Website;
❖ Using or launching any automated system, including without limitation robots, crawlers and similar
applications to collect and compile content from the Website;
❖ Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements
or portions of the Website, independently from the web pages on which they originally appear;
❖ Displaying content from the Website, including by any software, feature, gadget or communication
protocol, which may alter the content or its design;
❖ Impersonating any person or entity, or making any false statement pertaining to your identity,
employment, agency or affiliation with any person or entity;
❖ Collecting, harvesting, obtaining or processing personal information of or about other users of our
Website; and
❖ Linking to the Website from web pages that contain pornographic content or content that is
unlawful or encourages prohibited activity such as racism or wrongful discrimination.
4. Links
4.1 Our Website may contain links that are not controlled by the Company. These links do not constitute a recommendation or endorsement by us to you to buy displayed products, or services or/and engage with third parties, etc. Such links belong to third parties that may act as affiliates or perform similar activities.
4.2 The Company cannot guarantee that the content of these links is valid, true or reliable. Under this agreement, you acknowledge that you access such links on your own risk. Overhan assumes no responsibility for any losses or damages by accessing or using such links.
5. Privacy
5.1 Please refer to the Privacy Policy that is also published on our Website.
6. Intellectual Property
6.1 We own the intellectual property of the content published on our Website including copyrights, trademarks (registered or not), trade names, patents, trade secrets, work methods and processes, and content of downloadable software and equipment developed by us.
6.2 Our ownership rights also cover information, articles, images, content, graphic design, data and its processing, domain name, computer code, etc.
6.3 The Client (that also includes visitors to our website) is not allowed to copy, distribute, sell, or use Website content without the Company’s explicit prior and written consent.
7. Content
7.1 You understand that the Website content is provided by us to you for your personal, informational and non-commercial use only. We do not provide tax, legal or accounting advice and no Content is or is meant to act as a substitute for tax, legal or accounting advice. You understand that we are not responsible for the accuracy, usefulness, safety, appropriateness of, or verification of non – infringement of any intellectual property rights of or relating to any Content.
7.2 Overhan DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN AND DISCLAIMS ANY AND ALL LOSSES IN CONNECTION WITH THE CONTENT. Overhan DISCLAIMS ALL LOSSES FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE AND REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT Overhan WAS ADVISED OF THE POSSIBILITY OF ANY SUCH ACTS OR OMISSIONS.
8. Updates and Changes
8.1 The Company may proceed with updates, amendments, and additions to this Agreement, from time to time. We may also make changes to our Website such as upgrading with new content, changing the layout, improving its design, or/and performing any other changes without any prior notice. We may also enhance or diminish the Services and products available on our Website.
8.2 Such changes or/and upgrades may disrupt the normal operation of our Website or/and limit your access to our Services.
8.3 In the case you keep accessing our Website it is considered that you accept the new version of this Agreement.
8.4 Further to the above it is the Client’s responsibility to frequently check and stay aware of any amendments performed.
9. Limitation of liability and warranties
9.1 Overhan shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, use of, or inability to use this website or any errors or omissions in the content thereof. Moreover, the Client acknowledges, agrees, and warrants that:
a) The use and provision of our Website, and any downloadable equipment or software are offered by Overhan to you on an “as is” and “as available” basis.
b) Overhan makes no representations or warranties of any kind, express or implied, as to the operation of the Overhan services, or the information, content, materials, products, software, or other services included on or otherwise made available to you through our Website.
c) You agree that the use of our services via our website is at your sole risk.
d) We do not and we cannot warrant that our services, products, or downloadable software offered to you will operate without errors or/and that will be operational or/and accessible at all times.
e) Unless required by the applicable law, you agree that Overhan and its officers, directors, shareholders, sub-contractors, employees, agents, or licensors shall not be held liable for making any representations or warranties of any kind, express or implied as to the operation of our Website, or Products or Services or downloadable software made available via our Website including limitation or compatibility with your expectations.
f) We do not guarantee that the use of our Website will be uninterrupted, timely, secure, or error-free or that content loss won’t occur.
g) Neither party shall be liable to the other for any incidental, indirect, special, cover, punitive, or consequential damages that may occur during the use of our Website.
h) Overhan makes no representations or warranties of any kind that our Website or emails sent from [email protected] are free of malware or other harmful components.
i) The maximum liability is limited to the refunding to the Client the deposit made by him.
10. Termination
10.1 Overhan reserves the right, at any time and at its sole discretion, to discontinue the access to its Website in whole or/in part and/or restrict (or result in restricting) the offering of the Services to certain geographical regions, persons, or other predefined categories.
10.2 The Company may terminate this Agreement with notice or without notice, depending on the specifics of the underlying reasoning if:
such an action is necessary to prevent errors or harm (or further errors and harm) to any system, downloadable software, and equipment;
the Client attempts to access or use the Website or any downloadable software or products offered by the Company in an unauthorized manner, including, without limitation, any attempt to gain access to the accounts of other Clients or use the Website in a way that infringes our Intellectual Property Rights;
the Client does not comply with term(s) or clause (s) under this Agreement or any other contract signed between the parties;
10.3 If there is a breach of a clause or terms of the Agreement by the Client, Overhan may not refund any funds to the Client.
10.4 The Client reserves the right to notify the Company to terminate the Agreement. In this respect and for the avoidance of any doubt, the Client shall stop using and accessing the Company’s Website, Services, and products. Any due amounts shall be paid to the Company.
11. Applicable Law and Jurisdiction
11.1 These Terms shall be governed solely by the laws of Cyprus.
11.2 The competent courts in Cyprus will have sole and exclusive personal jurisdiction over any claims or disputes related to or in connection with this Agreement.
12. Contact us
12.1 Feel free to contact us in case you have any questions regarding the Agreement or terms depicted therein at [email protected].