PLEASE READ THESE TERMS CAREFULLY
BEFORE USING THIS WEBSITE
Welcome to Orchid Business Computing
Ltd. By using this website, the user ("user" or "you")
agree to the following terms of use. If you do not agree to
these terms of use, you should exit the website.
Orchid reserves the right to alter the contents of this website
at any time without notice to you. Your continued use of this
site implies that you accept to be bound by any updated version
of this site.
You may wish to open these terms
and conditions in another browser window so you may print them
out.
Copyright
All content included on this
site including but not limited to web site design, text, graphics,
audio clips, visual clips, logos, button icons and the selection
and arrangement thereof are either the property of Orchid or
its contents suppliers and are protected by UK and international
copyright laws. All software used on this site is the property
of Orchid and is protected by UK and international copyright
laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically
copy and to print in hard copy portions of this Web site for
the purposes of placing an order with Orchid and using this
website as a shopping resource only. Any other use of materials
on this Web Site including reproduction for purposes other than
those noted above, modification, distribution, transmission,
broadcasting republication, downloading or uploading without
the prior written permission of Orchid is strictly prohibited.
Notification of Copyright
Infringement
Orchid will, in appropriate circumstances,
terminate the accounts of users who infringe the intellectual
property rights of others. If you believe that your work has
been used or copied in a way that constitutes copyright infringement,
please provide our Legal Department with a Notice containing
the following elements:
• a physical or electronic signature of the person authorised
to act on behalf of the owner of the copyright interest that
is alleged to have been infringed;
• a description of the copyrighted work or works that
you claim have been infringed and which you request to be removed
from the site;
• a description of the location of the material that you
claim is being infringed;
• information sufficient to permit Orchid to contact you,
such as your physical address, telephone number and e-mail address;
• a statement by you that you have a good faith belief
that the use of the material identified in your Notice in the
manner complained of is not authorised by the copyright owner,
its agent, or the law;
• a statement by you that the information in your Notice
is accurate and that you are the copyright owner or are authorised
to act on the copyright owner's behalf.
You can notify Orchid Business Computing of
any claims of copyright infringement at the following address:
Orchid Business Computing Ltd
Attn: Legal Department
Technology House
Mallard Way
Pride Park
Derby
DE24 8GX
Trademarks
Orchid Business Computing Ltd and all page
headers, custom graphics and button icons are service marks,
trademarks, and/or trade dress of Orchid. All other trademarks,
product names and company names or logos cited herein are the
property of their respective owners ("Third Party Trade
Marks"). You are not permitted to use the Orchid Trademarks
or Third Party Trademarks without the prior written consent
of Orchid or such third parties that may own the Trademarks.
For further information on Intellectual Property matters contact
our Legal Department:
Orchid Business Computing Ltd
Attn: Legal Department
Technology House
Mallard Way
Pride Park
Derby
DE24 8GX
Amending The Terms And Conditions
Of Use
Orchid may add to, change or remove any part
of these Terms and Conditions of Use at any time, without notice.
Any changes to these Terms and Conditions of Use or any terms
shown on this website or any subsite hereof, apply as soon as
they are shown. By continuing to use this website after any
changes are posted, you are indicating your acceptance of those
changes. Orchid may add, change, discontinue, remove or suspend
any other content displayed on this website, including features
and specifications of products and services described or depicted
on the website, temporarily or permanently, at any time, without
notice and without liability.
Children Under 18
If you are under 18, you must ask your parents
or a guardian before you:
• E-mail the website, or ask Orchid to e-mail anything
to you;
• Send in any information to Orchid;
• Buy anything online
By continuing to use this website and any
of the services offered, you are confirming that you have received
the consent of your parents or a guardian. PLEASE NOTE that
all minors are recommended to discuss these terms and conditions
with their parents before they complete the registration process.
In order to place an order with Orchid you
will need to register to use the site.
In return for allowing you to use the Orchid web site and benefiting
from our services, you agree that any information you provide
us about yourself at any time will be true, accurate, current
and complete and that you will ensure that this information
is kept accurate and up to date. If incorrect information is
supplied any contractual obligation Orchid has is immediately
null and void.
If you send communications or materials to this website by electronic
mail or otherwise, concerning any comments, questions, suggestions
or the like, all such communications are, and will be treated
as, non-confidential and non-proprietary. Thus, you give up
any claim that any use of such material infringes any of your
rights including moral rights, proprietary, or any other right,
including the right to approve the way in which Orchid uses
such material.
Any material submitted to this website, may
be adapted, broadcast, changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted or used on a
royalty free basis by Orchid anywhere in the world, in any medium,
in perpetuity.
Please note that this provision does not relate
to any personal data that you submit which will be dealt with
in accordance with the provisions of this website's 'Privacy
Policy' which is part of these Terms and Conditions.
Privacy
We treat your privacy very seriously. Orchid’s
Privacy Policy provides details about the type of information
we may collect from you and details of how we may use this information.
You are asked to read our Privacy Policy, which forms a part
of these Terms and Conditions and sets out the way in which
your personal data is handled.
Use of the Site
You agree that you will only use our web site
in a way which is consistent with our terms and conditions and
which complies with applicable laws and regulations. In particular
you agree that you will not use our web site to upload or send
any material which contains software viruses or other codes,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment or in any other manner which would interfere with
or disrupt our web site. You acknowledge that our web site and
any goods that you obtain from our web site are provided for
your personal use only and may not be used for any commercial
purposes or distributed commercially without our permission.
Links
Orchid may choose to provide links to sites
owned by Orchid and associated companies from time to time and
may also choose to provide links to sites that are owned by
third parties that are not connected with Orchid. All links
are provided for your convenience only. Access to sites that
are owned by third parties is at your own risk and Orchid has
no responsibility or liability for these third-party sites.
Availability
Orchid will use all reasonable endeavours
to ensure that this web site is fully operational at all times.
However we cannot guarantee that the web site will be fault
free. In particular access to this web site may be interrupted
or restricted to allow for emergency or routine repairs or maintenance
to be carried out or the introduction of new facilities or services.
Further, by using this website and any subsite,
you acknowledge and agree that the Internet uses elements and
relies upon services, input and facilities which are not within
the control of Orchid and if Orchid is totally or partially
prevented or delayed in the performance of any of its obligations
in providing a particular service, such a situation will constitute
a 'force majeure' and Orchid shall be excused the performance
for so long as such a situation endures.
For the purposes of these Terms and Conditions,
the term 'force majeure' shall be deemed to include any cause
affecting the performance by Orchid of its obligations arising
from or attributable to acts, events, omissions or accidents
beyond the reasonable control of Orchid and in particular, but
not by way of limitation, shall include strikes, lock-outs,
other industrial action, actual or threatened terrorist action,
civil commotion, riot, crowd disorder, invasion, war, threat
or preparation for war, fire, technical or power failure, software,
hardware or telecommunication or other network failures, interruptions,
disruptions or malfunctions, explosions, storm, flood, earthquake,
subsidence, structural damage, epidemic or other natural or
physical disaster, any legislation, regulation, rule or ruling
of government, court or any competent authority.
Orchid reserves its right to restrict, suspend or terminate
your use of this web site or any of our services at any time
if we believe, in our absolute discretion, that you have breached
these terms and conditions.
You agree to indemnify, defend and hold Orchid
and, all of its associate companies, their directors, employees,
information providers, licensors and licensees, officers and
partners, (collectively, "Indemnified Parties") harmless
from and against any and all liability and costs (including,
without limitation, legal fees and costs), incurred by the Indemnified
Parties in connection with any claim arising out of any breach
by you of these Terms and Conditions. You will co-operate as
fully as reasonably required by Orchid in Orchid’s defence
of any claim. Orchid reserves the right, at their own expense,
to assume the exclusive defence and control of any matter and
you shall not in any event settle any matter without the written
consent of Orchid.
Alterations
We may amend this web site and our services
any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about
our web site or any of the products supplied to you, please
contact Orchid through the Contact Us section on the website.
Miscellaneous
The Terms and Conditions together with our
FAQ’s and Privacy Policy contain the full and complete
understanding between Orchid and you. No advice or information,
whether oral or written, obtained by you through or from the
web site or from any conversations with our staff will operate
to vary these terms and conditions.
The Terms and Conditions of website usage
together with our FAQ’s and Privacy Policy and all contracts
made under them shall ensure for the benefit of any successors
and assignees of Orchid.
Email Service
In situations where the Orchid may give you
the option to subscribe to its email service which will update
you with news or information which it considers to be of interest
to you, your use of the content received through the email service
will be subject to these Terms and Conditions of Use.
Limitation Of Liability
To the fullest extent permitted by applicable
laws, Orchid nor any of its respective directors, employees,
affiliates or other representatives will be liable for loss
or damages arising out of or in connection with the use of,
or inability to use, the materials in and/or facilities or services
offered through this website, including, but not limited to,
indirect or consequential loss or damages, loss of data, income,
profit or opportunity, loss of or damage to property and claims
of third parties, even if Orchid have been advised of the possibility
of such loss or damages or such loss or damages were reasonably
foreseeable. If this clause is unenforceable in whole or in
part in any jurisdiction due to relevant laws, then in no event
shall Orchid’s total liability to you for all damages,
losses, and claims (whether in contract, tort (including, but
not limited to, negligence), or otherwise) exceed the amount
paid by you, if any, for accessing this website.
Disclaimer
This website and its contents are provided
without any representations or warranties of any kind, either
express or implied. Orchid disclaim all representations and
warranties, including by way of example but not limitation,
as to fitness for a particular purpose, to the fullest extent
permitted by applicable laws. In addition, Orchid does not represent
or warrant that the information and/or facilities accessible
via this website are accurate, complete or current, or that
this website will be free of defects, including, but not limited
to, viruses or other harmful elements. The user of this website
assumes all costs arising as a result of the use of this website.
Governing Law
These Terms and Conditions and any contracts
made under them are governed by and shall be governed and construed
in accordance with the laws of England and Wales whose courts
shall be courts of exclusive competent jurisdiction. We make
no representation that materials on this Site are appropriate
or available for use in other locations, and accessing them
from territories where their contents are illegal is prohibited.
Customers who access this web site from locations outside the
United Kingdom do so at their own risk and on their own initiative
and are responsible for compliance with local laws, to the extent
that any local laws are applicable. Nothing in these Terms shall
in any way be deemed to restrict or affect your statutory rights
under English law.
Disclaimer
Orchid has taken all reasonable care in the
preparation of the contents on this web site, but makes no representation
or warranty of any kind with respect to the operation of the
site or the information, content, materials, or products included
on this site. To the extent permitted by applicable law, Orchid
makes no warranty, express or implied, as to the accuracy, completeness
or currency of the information contained in any of the materials
on this web site. Orchid reserves the right to change price
and availability information without notice.
Orchid shall not be liable to any person for
any loss or damage that may arise from the use of any of the
information contained in any of the materials on this web site.
Orchid reserves the right to decline orders
for bulk or high value purchases.
No exclusions of Orchid’s liability
in these Terms shall apply to any damages arising from death
or personal injury caused by the negligence of Orchid or any
of its directors, employees or agents or fraudulent misstatement.
Indemnity
You agree to indemnify and hold Orchid Business
Computing, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable solicitor's fees,
made by any third party due to or arising out of content you
submit, post to or transmit through the Site, your use of the
Site, your connection to the Site, your violation of the Terms
and Conditions, or your violation of any rights of another person
or entity.
HTML Links
Some hypertext (HTML) links on this web site
lead to web sites, which are not under the control of Orchid.
Accordingly, Orchid makes no representation or warranty concerning
the content of these web sites and accepts no responsibility
or liability in respect of the material on any web site, which
is not under Orchid’s control. Orchid is providing these
hypertext links to you only as a convenience, and the inclusion
of any such hypertext link does not imply an endorsement by
Orchid of the linked site or imply any relationship between
Orchid and the hyper-linked organisation or individual.
Governing law and jurisdiction
This web site is controlled and operated by
Orchid from its offices in England. We make no representation
that materials on this site are appropriate or available for
use in other locations, and accessing them from territories
where their contents are illegal is prohibited. Customers who
access this web site from locations outside the United Kingdom
do so at their own risk and on their own initiative and are
responsible for compliance with local laws, to the extent that
any local laws are applicable.
All terms and conditions contained on this
web site shall be governed by and construed in accordance with
English law. By using this web site, you hereby submit to the
exclusive jurisdiction of the courts of England and Wales for
the resolution of any dispute arising under or in connection
with these Terms or your use of this web site.
Nothing in these Terms shall in any way be
deemed to restrict or affect your statutory rights under English
law.