Demo Access
We are always on the lookout for enhanced customer experience, therefore let us introduce you to a private seven days Omarsys platform access.
Simply take a look at our T&C’s and send us a request. We will get back to you with your login details.
Take your time, get familiar with the platform, and ask us questions. Feel free to set up a demo presentation at any time here.
Terms and Conditions
The Company and the Second Party shall each herein be singularly referred to as a “Party”, and collectively as “Parties”.
All Parties to this Agreement may act as a ‘Disclosing Party’ or a ‘Receiving Party’ of Confidential Information, and shall hereinafter be referred to as the context requires.
THE PARTIES hereby agree as follows:
- DEFINITIONS
- In this Agreement, the following terms shall have the
meaning attributed herein:- ‘Confidential Information’ shall mean all information of
a confidential nature, and/or information which misuse or
disclosure could foreseeably damage the business or reputation
of either Party, whether directly or indirectly. Confidential
Information shall include, but not be limited to, information
in whatever format (and whether or not designated as confidential
or proprietary by the Disclosing Party) relating to the
Disclosing Party’s business, organisational structure, products,
technology, prototypes, processes, business contacts and affairs,
plans, drawings, creations, operations, services, projects,
markets and market opportunities, finances (including cost
estimates, historical and projected charge rates and fee rates),
know-how, business strategy, trademarks, design rights, trade
secrets, patents and customers or prospective customers or
suppliers. For the purposes of this Agreement, Confidential
Information does not include information which:- is or becomes publicly available through no act
or omission of the Receiving Party, and through no
violation of this Agreement; - was rightfully known or lawfully
in the possession of the Receiving Party prior
to disclosure; - is trivial or obvious or otherwise clearly
of a non-confidential nature; - is required, pursuant to a legal proceeding or
other legal or regulatory requirement, to be disclosed,
provided that, if legally permissible, prior notice and
cooperation is given to the Disclosing Party in order to
contest or limit such disclosure; - is independently known or developed by employees,
contractors or agents of the Receiving Party without
any use or knowledge of the Confidential Information;
and/or - is hereafter rightfully provided to the Receiving
Party by a third party without restriction on disclosure.
The Receiving Party has the burden of proof of any
of the exceptions listed in point a-f above. - is or becomes publicly available through no act
- ‘Confidential Information’ shall mean all information of
- In this Agreement, the following terms shall have the
- DEFINITIONS
- CONFIDENTIAL INFORMATION OBLIGATIONS
- Both Parties agree:
- not to disclose and hold and maintain the Confidential
Information in strictest confidence for the sole and
exclusive benefit of the Disclosing Party; - only disclose Confidential Information to any third
party with the prior written consent of the Disclosing
Party or otherwise in accordance with this Agreement;
and; - to notify the Disclosing Party, immediately, of any breach,
its manner, the Confidential Information disclosed, and the
third party to whom the disclosure has been made, - not to copy or reverse engineer any such Confidential Information and
- not to export or reexport any such Confidential
Information or product thereof
- not to disclose and hold and maintain the Confidential
- Both parties further agree not to use in any manner and /or
duplicate any Confidential Information, in whole or in part,
pertaining to the Disclosing Party for any reason whatsoever,
except for the Purpose. - Either Party may disclose the Confidential Information to:
- its directors, officers and employees; and/or
- its sub-contractors and their employees.
Provided that such disclosure may only occur to the extent that it is
reasonably necessary for the purposes of this Agreement, and the
subsequent contract if entered into, and on the condition that the
Receiving Party shall obtain from any persons or entities mentioned in
(a) and/or (b) above to whom the Confidential Information is disclosed
or who may in any way obtain access to any Confidential Information,
enforceable undertakings in terms at least equivalent and as binding upon
such persons and/or entities as the Receiving Party is bound to the
Disclosing Part by the terms of this Agreement.
- Both Parties agree:
- CONFIDENTIAL INFORMATION OBLIGATIONS
- TITLE TO CONFIDENTIAL INFORMATION
- All Confidential Information furnished under this Agreement
shall remain the Disclosing Party’s property. Nothing in this
Agreement is intended to grant either Party any rights or licenses
with regard to intellectual property of the other Party. The
Receiving Party undertakes and binds itself not to assert any
claim of title of ownership to the intellectual property and/or
Confidential Information or any portion thereof.
- All Confidential Information furnished under this Agreement
- TITLE TO CONFIDENTIAL INFORMATION
- RETURN OF COFIDENTIAL INFORMATION
- Each Party shall, including all copies thereof, promptly
return or destroy all Confidential Information received by the
Disclosing Party, at the Receiving Party’s own costs, upon the
Disclosing Party’s request and/or should the Parties decide not to
continue the business relationship. The Receiving Party shall not
retain copies of any Confidential Information.
- Each Party shall, including all copies thereof, promptly
- RETURN OF COFIDENTIAL INFORMATION
- TERM
- This Agreement applies only to disclosures made before the
second anniversary of this agreement. The terms of this Agreement
will remain in effect with respect to any particular Confidential
Information until non-disclosing Party can document that it falls
into one of the exceptions stated in Paragraph 2 above.
- This Agreement applies only to disclosures made before the
- TERM
- WARRANTIES
- Confidential Information shall not constitute any express or
implied warranty of any kind. All representations and warranties,
whether express or implied, including fitness for a particular
purpose, merchantability, title, and non-infringement, are hereby
disclaimed.
- Confidential Information shall not constitute any express or
- WARRANTIES
- UNAUTHORISED USE
- The Parties hereto agree and acknowledge that the Second Party’s
breach of any term or provision of this Agreement shall materially
and irreparably harm the Company and/or its affiliated companies or
related entities. In the event of such breach or threatened breach,
the Company shall have, in addition to any and all remedies at law,
the right to an injunction, specific performance and other equitable
relief to prevent the violation of the other Party’s obligations
hereunder.
- The Parties hereto agree and acknowledge that the Second Party’s
- UNAUTHORISED USE
- APPLICABLE LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance
with the laws of Malta, and either Party shall be entitled to enforce
their rights under this Agreement specifically, to recover damages
and costs (including reasonable attorney fees) caused by any breach
of any provision of this Agreement and to exercise all other rights
existing in its favour at law. - The Parties submit to the jurisdiction of the Maltese Courts.
- This Agreement shall be governed by and construed in accordance
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Headquarters - Malta
Address
Spinola Park, 7th Floor, Triq Mikiel Ang Borg, SPK1000, St. Julians, Malta
Phone
Office - Katowice
Address
Sobieskiego 2, 40-082 Katowice