By accessing and placing an order with Optisence, you confirm that you are in Agreement with and bound by the Terms and Conditions outlined below. These Terms apply to the entire website and any email or other communication between you and Krouder Pty Ltd, operated under Optisence and registered at 134 Bree Street, Cape Town City Centre, Cape Town, Western Cape, 8000.
Under no circumstances shall the Optisence team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit arising out of the use or the inability to use the materials on this site, even if Optisence team or an authorized representative has been advised of the possibility of such damages. If using materials from this site requires servicing, repairing, or correcting equipment or data, you assume any costs thereof.
These Terms and Conditions are a contract between you and Krouder Pty Ltd (referred to in these Terms and Conditions as “Optisence,” “us,” “we,” or “our”), the provider of the Optisence website (www.optisence.com) and the services accessible from the Optisence website (which are collectively referred to in these Terms and Conditions as the “Optisence Service”). You agree to be bound by these Terms and Conditions. Please do not use the Optisence Service if you disagree with these Terms and Conditions. In these Terms and Conditions, “you” refers to you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to cancel your account or block access to your account without notice.
For these Terms and Conditions:
Cookie: Small data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
Company: When this Policy mentions “Company,” “we,” “us,” or “our,” it refers to Krouder Pty Ltd (registered at 134 Bree Street, Cape Town City Centre, Cape Town, Western Cape, 8000 with registered number 334070), is responsible for your information under these Terms and Conditions.,
Country: Where Optisence or the owners/founders of Optisence are based, in this case, in South Africa.
Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Optisence and use the services.
Service: Refers to the Service provided by Optisence as described in the relative terms (if available) and on this platform.
Third-Party Service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Krouder Pty Ltd’s site, accessed via this URL www.optisence.com.
You: A person or entity registered with Optisence to use the Services.
To ensure that our services are used by individuals who meet the legal requirements for entering into a binding contract, Optisence requires that all users be 18 or older, or the minimum age required for entering into contractual agreements in their respective jurisdiction. If you are under 18 or do not meet the minimum legal age for contracts in your jurisdiction, you are prohibited from accessing certain services or features on the Optisence website.
You agree not to, and you will not permit others to:
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Optisence or its affiliates, partners, suppliers, or the licensors of the website.
Licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or commercially exploit the website or make the platform available to any third party.
Modify, do derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) you provide to Optisence concerning the website shall remain the sole and exclusive property of Optisence. Optisence shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We’ve updated our Terms and Conditions to provide complete transparency into what is being set when you visit our site and how it’s used. By using our website, registering an account, or purchasing, you hereby consent to our Terms and Conditions.
You acknowledge and agree that Optisence may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users generally at Optisence’s sole discretion without prior notice. You may stop using the Service at any time. You do not need to inform Optisence when you stop using the Service. You acknowledge and agree that if Optisence disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials contained in your account.
We may change our Services and policies and need to make changes to these Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. You can delete your account if you do not want to agree to these or any updated Terms.
Optisence reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Optisence may occasionally provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain website features and/or functionalities. You agree that Optisence has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and/or functionalities of the website to you. You further agree that all Updates will be (i) deemed an integral part of the website and (ii) subject to the Terms and Conditions of this Agreement.
We may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that Optisence shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Optisence does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-party services and links thereto are provided solely for your convenience, and you access and use them entirely at your own risk and subject to such third parties’ Terms and Conditions.
This Agreement shall remain in effect until you or Optisence terminates it. Optisence may, in its sole discretion, suspend or terminate this Agreement with or without prior notice at any time and for any or no reason. This Agreement will terminate immediately, without prior notice from Optisence, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies from your computer.
These Terms and Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by Optisence. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link from the Services to another website, our Terms and Conditions are no longer in effect. Your browsing and interaction on any other website, including those with a link on our platform, is subject to that website’s rules and policies. Third parties may use cookies or other methods to collect information about you.
Optisence uses “Cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our website, but they are non-essential to their use. However, without these cookies, certain functionality, like videos, may become unavailable, or you would be required to enter your login details every time you visit the website, as we could not remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies. Please explore our Cookie Policy for more information.
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please get in touch with us setting forth the following information:
A physical or electronic signature of the copyright owner or someone authorised to act on his behalf.
Identification of the material that is claimed to be infringing.
Your contact information, including your address, telephone number, and email.
A statement by you that you have a good faith belief that the copyright owners do not authorise the use of the material.
A statement that the information in the notification is accurate and, under penalty of perjury, you are authorised to act on behalf of the owner.
The website is provided to you “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Optisence, on its behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Optisence provides no warranty or undertaking. It makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected. Without limiting the preceding, neither Optisence nor any Optisence provider makes any representation or warranty of any kind, express or implied:
Regarding the operation or availability of the website or the information, content, materials, or products included thereon.
That the website will be uninterrupted or error-free.
Your contact information, including your address, telephone number, and email.
The accuracy, reliability, or currency of any information or content provided through the website.
The website, its servers, the content, or emails sent from or on behalf of Optisence are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages you might incur, the entire liability of Optisence and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the previous shall be limited to the amount actually paid by you for the website. To the maximum extent permitted by applicable law, in no event shall Optisence or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Optisence or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Optisence and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
Use of the website
Violation of this Agreement or any law or regulation.
Violation of any right of a third party.
With the Privacy Policy and any other legal notices published by Optisence on the Services, this Agreement shall constitute the entire Agreement between you and Optisence concerning the Services. Suppose any provision of this Agreement is deemed invalid by a court of competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No term of this Agreement shall be deemed a further or continuing waiver of such or any other term. Optisence’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You and Optisence agree that any cause of action arising from or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.
The Agreement constitutes the entire Agreement between you and Optisence regarding your website use. It supersedes all prior and contemporaneous written or oral agreements.
You may be subject to additional Terms and Conditions when you use or purchase other Optisence services, which Optisence will provide at the time of such use or purchase.
Optisence reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before any new Terms take effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised Terms. If you disagree with the new Terms, you can no longer use Optisence.
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Optisence, its licensors, or other providers of such material. South Africa and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect them. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Optisence unless and except as expressly provided in these Terms and Conditions. Any unauthorised use of the material is prohibited.
This section applies to any dispute, except it doesn’t include a dispute relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Optisence’s intellectual property rights. The term “dispute” means any dispute, action, or other controversies between you and Optisence concerning the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
If a dispute arises and the parties fail to resolve it through informal negotiation, all further efforts to resolve the dispute shall be conducted exclusively by binding arbitration following the rules of the International Chamber of Commerce (ICC) (or other chosen institution). By agreeing to these Terms, you waive any rights to litigate disputes before a judge or jury, including as a class member. The dispute will be settled through arbitration in Cape Town, South Africa, or another location mutually agreed upon by the parties.
In the event of a dispute, you or Optisence must give the other a Notice of Dispute, a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to info@optisence.com. Optisence will mail any Notice of Dispute to you if we have it or otherwise to your email address. You and Optisence will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Optisence may commence arbitration.
These Terms and Conditions are governed by and construed by the laws of South Africa, without regard to its conflict of law principles. By accessing or using the Optisence website and services, you agree that any legal action or proceeding under these Terms shall be brought exclusively in the Cape Town, South Africa courts. You further consent to the personal jurisdiction of these courts, waiving any objection based on venue or inconvenience.
If there is a legal dispute or disagreement between you and Optisence arising from our services, it will be resolved under South African law. You agree to submit to the exclusive jurisdiction and venue of the courts of Cape Town, which shall be the only forum for any claim or legal action.
If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Optisence without any compensation or credit to you whatsoever. Optisence and its affiliates shall have no obligations concerning such submissions or posts. They may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing manufacturing and marketing products and services using such ideas.
Optisence may sometimes include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all promotions may be governed by separate rules containing certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.
Suppose a product and/or Service is listed at an incorrect price or with incorrect information due to a typographical error. In that case, we shall have the right to refuse or cancel any orders for the product and/or Service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment accounts in the amount of the charge.
Optisence is not responsible for content, code, or other imprecision. Optisence does not provide warranties or guarantees. In no event shall Optisence be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other torts, arising out of or in connection with the use of the Service or the contents of the Service. Optisence reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Optisence Service and its contents are provided “as are” and “as available” without any warranty or representations, express or implied. Optisence is a distributor and not a publisher of the content supplied by third parties; as such, Optisence exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, Service or merchandise provided through or accessible via the Optisence Service.
If you have any questions or concerns regarding these Terms and Conditions, please do not hesitate to contact us at:
Email: info@optisence.com
Phone number: +27218913127
Visit our Contact page: Contact Us