OMIMO, a limited liability company under Belgian law with a registered office at Interleuvenlaan 62, 3001 Heverlee, Belgium, registered under company registration number 0802.873.948 (RLE Leuven), (hereinafter: “us,” “we,” or “our”) operates the Websites reachable at the following domains and their sub-domains:
These Terms and Conditions apply to all services and products offered these domains and their sub-domains. You should be aware that OMIMO cannot be held responsible for the Terms and Conditions of other websites and sources.
By using any of these Websites, you provide your consent with the specific aspects of these Terms and Conditions, and you affirm that you are of legal age to agree to the terms of this Terms and Conditions. Whenever important changes are made to these Terms and Conditions, we will announce it in the announcement section of the Websites.
This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
Website Use and Access
- Content Access: Our websites are designed for informational purposes. Users can read the content but cannot alter or modify it.
- User Interaction: Users may contact us via email or subscribe to our announcement emails.
- Prohibited Use: You may not use our websites for any unlawful purpose or in a way that could damage, disable, or impair the websites or interfere with any other party’s use.
Privacy and Data Use
- Data Collection: We collect email addresses and names when users contact us or subscribe to our announcement emails.
- Data Use: This data is used solely for responding to inquiries and sending announcement emails. For detailed information, please refer to our Privacy Policy.
Intellectual Property Rights
Content published on the websites
The content published on our Websites are licensed under a Creative Commons Attribution 4.0 International License: https://creativecommons.org/licenses/by/4.0/legalcode
The following is a simple summary of the license, and not a substitute for the license linked above.
You are free to:
- Share: copy and redistribute the material in any medium or format
- Adapt: remix, transform, and build upon the material for any purpose, even commercially
We will not revoke these freedoms as long as you follow the license terms:
- Attribution: You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions: You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Trademark Protection
The following are the protected OMIMO marks:
- OMIMO™
- NUPP™
- P1.express™
- P2.express™
- P3.express® (registration numbers 1642077 and 79332491)
- P4.express® (registration number 018808428)
- P5.express® (registration number 018808464)
Your feedback
If you provide to us any ideas, proposals, suggestions, or other materials through any means (“Feedback”), whether related to the Website, manuals, best practices or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place OMIMO under any fiduciary or other obligation.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) license without additional consideration to you or any third party to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through and in connection with the Websites, are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. To the extent permitted by applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
Accredited Trainer Network
- Endorsement of Trainers: Our websites may reference an accredited trainer network. These are training organizations or individuals that have been endorsed by us based on their adherence to certain quality guidelines and standards.
- Autonomy of Trainers: While these trainers are accredited by OMIMO, they operate independently. They are not agents or employees of OMIMO and have their own operational policies and procedures.
- No Liability: OMIMO is not responsible for and shall not be held liable for any actions, omissions, or misconduct of any accredited trainer or training organization. Our endorsement does not extend to the individual conduct of any trainer or education partner or the specific manner in which they deliver training or related services.
- User Due Diligence: Users are encouraged to conduct their own due diligence when engaging with any accredited trainer or training organization. Any agreements or interactions you have with these trainers are solely between you and the respective trainer or education partner.
Disclaimer of warranties
To the fullest extent permitted under applicable law: (a) the Websites and any products and third party materials are made available to you on an “as is,” “where is,” and “where available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) OMIMO disclaims all warranties with respect to the Websites and any products and third party materials, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both OMIMO and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “affiliated entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity, and security of the Websites, we do not guarantee that the Websites are or will remain updated, complete, correct, or secure or that access to the Websites will be uninterrupted. The Websites may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Websites. If you become aware of any such alteration, contact us at support@OMIMO.org with a description of such alteration and its location on the Website.
Limitation of liability
To the fullest extent permitted under applicable law: (a) OMIMO will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions (b) without limiting the foregoing, we shall not be liable for damages of any kind resulting from your use of or inability to use the Websites or from any products or third party materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Websites or any products or third party materials is to stop using the Websites; and (d) our maximum aggregate liability of for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of the total amount, if any, paid by you to us to use the Websites but no more than 100 EUR. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both us and the affiliated entities and their respective successors and assigns.
Indemnity
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold us and the Affiliated Entities harmless, including their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Websites (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
Changes to this Agreement
We may change this Agreement from time to time. You will be informed of important changes via the announcement section of the Websites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised terms on the Websites. The “Last Updated” legend on top of the page indicates when these terms were last changed.
We may, at any time and without liability, modify or discontinue all or part of the Websites (including access to the Websites via any third-party links).
Governing law and arbitration
The terms of this Agreement are governed by the laws of Belgium without regard to its principles of conflicts of law, regardless of your location. All disputes arising out of or related to this Agreement or any aspect of the relationship between you and OMIMO, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that you and OMIMO are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you agree to give up the ability to participate in a class action. The arbitration will be administered by CEPINA by a single arbitrator in accordance with the rules of procedure of CEPINA. The place of arbitration will be Brussels, Belgium, and the language of the proceedings will be English unless the parties decide otherwise. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Third-Party Services
Our use of third-party services, such as Mailchimp for newsletters and certN for certifications, is subject to the terms and policies of those services. We are not responsible for the practices or contents of third-party services.
Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at our registered office address or via the following email address: legal@OMIMO.org