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OSCAR Terms & Conditions

These terms and conditions govern the allocation of OSCAR Codes by ODETTE to you. You agree that the terms of this Agreement are reasonably required to promote sound and stable operation of the OSCAR Service.

Definitions

1. In these Terms & Conditions ODETTE means Odette International Limited and its Full Member National Organisations namely, GALIA, Odette Czech Republic, Odette Spain, Odette Sweden, SMMT and VDA.

Terms

2. You agree to pay the initial OSCAR Code registration fee prior to receiving an OSCAR Code allocation.

3. You agree to provide and maintain current, complete and accurate registration data for the purpose of maintaining such data with ODETTE for identifying the registrants associated with the OSCAR Codes allocated to them. Such registration data shall include, in addition to other data that may be required by the OSCAR Service:

a. The registered name of your company
b. The registration number of your company
c. Your name
d. Your job title
e. Your telephone number
f. Your email address

4. This Agreement shall be automatically renewed on the 1st January each year subject to the then applicable terms and conditions established by ODETTE including but not limited to payment of any applicable annual renewal fee unless terminated in accordance with this Agreement.

Revocation of OSCAR Codes

5. You agree to be bound by the policies governing use of the OSCAR Code, which shall be deemed to form part of this Agreement and any renewals hereof. You agree that ODETTE may, at any time, modify or amend such policies and that such modification or amendments shall be binding on you subject to clause 14. You agree that ODETTE has the right to review at any time, the utilisation of the OSCAR Code allocation under this Agreement or under any renewals of this Agreement. You agree that if the OSCAR Code allocation is:

a. Not being used for the purpose allocated;
b. Being used in a manner inconsistent with the policies notified to you from time to time by ODETTE (subject to clause 14) governing use of the OSCAR Code allocation;
c. Being used in a manner otherwise inconsistent with this Agreement;

ODETTE may revoke the OSCAR Code allocation. You agree to provide ODETTE with all information, assistance and cooperation reasonably requested by ODETTE for its review of your utilisation of the OSCAR Code allocation. You agree that failure to provide ODETTE with such cooperation may result in revocation of the OSCAR Code allocation.

Termination

6. ODETTE may terminate this Agreement immediately on notice in writing to you:

a. if you are 90 days in arrears of your OSCAR maintenance payment for whatever reason; or
b. if you fail to comply with any other term of this Agreement.

7. You may terminate this Agreement by giving 30 days notice in writing to ODETTE. In the event you terminate this Agreement, no fees will be refunded and any unpaid fees shall immediately become due and payable.

8. Any termination, whether forced or voluntary, will render your use of the OSCAR Service void. In consequence, the OSCAR Codes cannot be used for any use listed in these terms and conditions and access to the OSCAR Service will be revoked by ODETTE.

Limitation of liability

9. All warranties, conditions, undertakings, representations (save for fraudulent misrepresentations) or terms, express or implied, statutory or otherwise, in respect of the OSCAR Service and your use of it are hereby excluded to the fullest extent permitted by the governing law.

10. ODETTE’s aggregate liability of whatsoever nature and howsoever arising under or in connection with this Agreement shall not in any year exceed the aggregate of the fees paid by you in respect of that year. For the avoidance of doubt, a “year” is the period of twelve (12) months from the date of first registration (or such pro-rata period in the first year to tie in with your OSCAR registration) and every subsequent twelve month period following that year (as the case may be) during the term of this Agreement. Nothing in this Agreement shall serve to exclude or limit the liability of either party for death or personal injury caused by that party’s negligence or fraudulent misrepresentation.

Notice

11. Any notice directed to you shall be considered made when sent to you in accordance with the data maintained by you in clause 3 above. Any notice from you to ODETTE shall be sent to Odette International Limited, 71 Great Peter Street, London, SW1P 2BN, UK.

Code assignment

12. You will not sell, lease, licence or subdivide your OSCAR Code allocation for use by another party. The rights, duties and obligations hereunder may only be assigned or transferred with the express written consent of ODETTE. Such transfer shall only be approved as a novation of this Agreement between ODETTE and the transferee.

Arbitration

13. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

Amendments

14. ODETTE may alter, amend, add to or substitute the terms and conditions of your registration to OSCAR (including any policies relating thereto) on 30 days written notice. By continuing to maintain your registration to OSCAR after the expiry of such notice period you agree to be bound by such alterations, amendments, additions and substitutions. If you do not accept such alterations, amendments, additions and substitutions then you may terminate your registration during such notice period by notifying us in writing. If you do so terminate, we will refund your OSCAR registration fees or annual maintenance fees pro rata to the period of your prepaid registration or annual maintenance during which you do not have access to the OSCAR Service or use of OSCAR Codes because of such termination.

Severability

15. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

Entire agreement

16. This Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.

Governing law

17. This Agreement shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.