Terms & Conditions
Effective Date: July 26, 2023
Introduction
Welcome to www.owen.com (“the Website”). The Website is owned and operated by Owen Morton (“we,” “us,” or “our”). By accessing and using this Website, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the Website.
Please review our PRIVACY POLICY and our INVESTMENT ADVICE DISCLAIMER, which form part of these Terms and Conditions and govern your visit to this Website.
Business Advisory and Consultancy Services
2.1 Description of Services
We offer business advisory and consultancy services to individuals and businesses seeking expert advice to digital consultancy, start-up investment, business innovation, growth marketing as well as crypto consultation. Our services may include, but are not limited to, online consultations, written reports, and recommendations based on the information provided by you during the engagement (“the Services”).
2.2 Eligibility
To use our Services, you must be of legal age in your country of residence and have the capacity to enter into a legally binding contract. By using our services, you represent and warrant that you meet these requirements.
Acceptance and Payment
3.1 Acceptance of Services
a. To engage in our Services, you will be required to provide necessary information through our Website to help us assess your needs. After receiving your request, we will review your requirements and inform you of our acceptance of the engagement by email.
b. We will carry out the Service with due professional skill and care in accordance with these Terms and we have the right to determine the means, manner and methods by which the Services will be performed with due regard to these terms and conditions and where possible, your needs and wishes as outlined to us in writing. The Services provided by us shall be only for your use and benefit and for no other third party.
3.2 Payment
Payment for our Services will be processed through our secure payment gateway on the Website. You agree to pay the fees as displayed on the Website at the time of purchase or by affecting an electronic transfer of funds as otherwise agreed between us by email.
3.3 Refunds
If you decide to cancel the session, no refund will be provided once the preparation for the session has been carried out by the consultant. Should the request for cancellation be made at an early stage, the consultant may at his sole discretion decide to provide a refund after deducting the costs of any expenses incurred throughout the preparation for such consultation.
Consultancy Results and Recommendations
4.1 Accuracy of Information
You acknowledge that any advice, recommendations, or reports provided during the consultancy engagement are based on the information you provide. Therefore, it is essential that you provide accurate and complete information to receive the most appropriate and effective advice.
4.2 Non-Guarantee
While we strive to provide valuable and relevant advice, we cannot guarantee specific outcomes or results from our Services. The success of implementing any recommendations is dependent on various factors beyond our control.
Intellectual Property
All materials, content, and intellectual property provided during the consultancy engagement remain the property of Owen Morton or its licensors. You agree not to reproduce, distribute, modify, or create derivative works of any materials provided to you during the consultancy without our prior written consent.
Confidentiality
During the consultancy engagement, both parties may be exposed to confidential and proprietary information. Both parties agree to maintain the confidentiality of such information and not disclose it to third parties, except as required by law or with the other party’s written consent.
Force Majeure
If we are prevented, hindered or delayed in or from performing any of the Services by a Force Majeure Event, we shall not be in breach of these terms and conditions or otherwise liable for any such failure or delay in the performance of such obligations. We shall (a) as soon as reasonably practicable after the start of the Force Majeure Event, notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under these Terms and Conditions; and (b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.
‘Force Majeure Event’ shall mean, for the purposes of this clause, any cause beyond our control, including but not restricted to, acts of God, flood, drought, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labour dispute, labour or material shortage, sabotage, acts of public enemy, explosions, orders, regulations or restrictions imposed by governmental, military, or lawfully established civilian authorities, which, in any of the foregoing cases, by exercise of due diligence we could not reasonably have been expected to avoid, and which, by the exercise of due diligence, we have been unable to overcome. Force majeure does not include (i) a failure of performance that is due to our own negligence or intentional wrongdoing; (ii) any removable or remediable causes (other than settlement of a strike or labour dispute) which we fail to remove or remedy within a reasonable time; or (iii) economic hardship on our part.
Limitation of Liability
To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with our Services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold harmless Owen Morton, its officers, employees, and agents from any claims, liabilities, damages, costs, or expenses arising from your use of our Services.
Termination
10.1 We reserve the right to terminate or suspend your access to our Services at any time and for any reason, including but not limited to any violation of these Terms and Conditions.
10.2 Termination will not affect our continuing rights and obligations under any provision which is expressed or intended to survive such completion termination or expiration or which is required to give effect to such termination or expiration. Without limiting the foregoing, the provisions contained in these Terms and Conditions that are intended to survive, include but is not limited to those in relation to payment, confidentiality, intellectual property rights, warranties, indemnities, limitations of liability, dispute resolution and obligations related to termination, shall all survive termination and expiry of the agreement between us for the benefit of the Party to whom they are given.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malta. Any dispute arising out of or relating to these Terms and Conditions or the Services shall be subject to the exclusive jurisdiction of the courts in Malta.
Miscellaneous
12.1 We reserve the right to modify, add, or remove any part of these Terms and Conditions at any time without prior notice. Your continued use of the Website after any changes to these Terms and Conditions shall constitute your acceptance of such changes.
12.2 These Terms and Conditions constitute the entire agreement between you and Owen Morton concerning the Services and supersede any prior agreements or understandings.
12.3 If any provision of these Terms and Conditions should be invalid, illegal or unenforceable in any respect or in any circumstance, the validity, legality or enforceability of such provision in any other respect or circumstance will not in any way be affected or impaired thereby and the Parties will endeavour to replace the invalid, illegal or unenforceable provision with a similar provision and the validity, legality or enforceability of the remaining provisions of these Terms and Conditions will not in any way be affected or impaired thereby.
If you have any questions or concerns regarding these Terms and Conditions or our Services, please contact us at me@owen.com.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.