Terms of Service
'We', 'Us' and 'Our' refers to Orion Transfer Limited, a limited liability company registered in New Zealand. 'You' or 'Your' refers to You and the Company You are representing. 'Service' and 'Services' includes, but is not limited to, to any websites, systems, software, documentation, training or products provided by Orion Transfer Limited.
These Terms will apply to Your use of Our Services. Please read these Terms carefully and make sure that You understand them before utilising Our Services.
We reserve the right to issue revisions to these Terms by publishing a revised version of this document on this site: that version will then apply to all use by You following the date of publication. Each access of information from Us will be a separate, discrete transaction based on the then prevailing terms.
1.1 You may contact Us at any time regarding information We have about You. This may include, but is not limited to, the following:
- To opt out of any future contact from Us,
- See what data We have about You, if any,
- Change or correct any data We have about You,
- Express any concern You have about Our use of Your data.
1.2 Precautions to protect Your information will be taken. Only employees who need information to perform a specific job (ie, billing or customer service) are granted access to Your personally identifiable information.
1.3 We are the sole owners of information collected through Our website. We only have access to/collect information that You voluntarily give Us via email or other direct contact from You. We will not sell or rent this information to anyone.
1.4 We will use Your information to respond to You, regarding the reason You contacted Us.
1.5 We will not share Your information with any thirdy party outside of Our organization, other than as necessary to fulfill Your request (i.e. to charge Your credit card, or ship an order).
1.6 Unless You ask Us not to, We may contact You via email in the future to inform You about new products or services, changes to existing products or services, or changes to these policies.
'Self-Service Website' refers to this Website.
2.1 You must provide Your full legal name, a valid email address and any other requested information during the registration process.
2.2 If You are registering on behalf of a Company, You must have the authority to bind that Company into agreements and pay for Services.
2.3 You may choose to subscribe to one or more Services ('Subscription Services') according to the Term and Price outlined on the billing page for that Subscription using the Self-Service Website.
2.4 All sales are final. No refunds are permitted.
2.5 We may prorate invoices when changing the Quantity, Price or Term of a Subscription.
2.6 You may cancel a Subscription at any time by using the Self-Service Website. Any and all Subscription Services will be terminated on cancellation of the Subscription.
2.7 You will be invoiced and charged immediately after Subscribing to a Service or making a change (excluding cancellations) to an existing Subscription.
2.8 By providing Your credit card details, You have authorized Us to debit funds from Your credit card according to the Quantity, Price and Term of all Your Subscriptions.
2.9 A Subscription will automatically renew according to the Term of the Subscription.
2.10 We may cancel Your Subscriptions or terminate Your access to Our Services at any time if You:
- (a) breach any of these Terms (whether or not that breach is capable of remedy); or
- (b) fail to pay for invoices as they become due.
3. Your Responsibilities
3.1 You may use Our Services only for lawful purposes. You may not use Our Services:
- (a) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam);
- (b) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- (c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3.2 You may not reproduce, duplicate, copy, share or re-sell any part of Our Services, including data, in contravention of the provisions of these Terms.
3.3 You may not access without authority, interfere with, damage or disrupt:
- (a) any part of Our Services;
- (b) any equipment or network on which Our Services are provisioned;
- (c) any software used in the provision of Our Services; or
- (c) any equipment, network or software owned or used by any third party;
4. Our Responsibilities
4.1 We will do our best to ensure the availability of Our Services, subject to any reasonable downtime required for maintenance or other events.
4.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations relating to any Services that is caused by an Event Outside Our Control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or any other failure of technology in connection with Our Services.
5. Our Liability
5.1 Nothing in these Terms limita or excludes Our liability for:
- (a) death or personal injury caused by Our negligence; or
- (b) fraud or fraudulent misrepresentation;
5.2 Subject to clause 5.1, We will under no circumstances whatsoever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services for:
- (a) any loss, liability or claim (including third party claims) that arises as a result of any unavailability or other failure in connection with Our Services;
- (b) any loss of profits, sales, business, or revenue;
- (c) loss or corruption of data, information or software;
- (d) loss of business opportunity;
- (e) loss of anticipated savings;
- (f) loss of goodwill; or
- (g) any indirect or consequential loss.
5.3 Subject to clause 5.1 and clause 5.2, Our total liability to You in respect of all other losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed $100 USD.
5.4 Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. We will not be responsible for ensuring that the Services are suitable for Your purposes.
6. General Provisions
6.1 When We refer, in these Terms, to "in writing", this will include e-mail.
6.2 We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect Your rights or Our obligations under these Terms.
6.3 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
6.4 Any illegality, unenforceability or invalidity of a provision of the Agreement does not affect the legality, enforceability or validity of the remaining provisions of the Agreement.
6.5 These Terms and any document expressly referred to in them constitutes the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us, whether written or oral, relating to its subject matter.
6.6 These Terms are governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms.