Terms and Conditions

Oritain’s Website Terms and Acceptable Use Policy

PLEASE READ THESE TERMS AND CONDITIONS CONTAINED WITHIN THIS POLICY CAREFULLY BEFORE USING THIS SITE

 

What is in this policy?

This policy sets out the content standards and terms that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our website https://oritain.com/ (our site) in any other way.

 

Who we are and how to contact us

This site operated by Oritain Global Limited, together with its subsidiaries, Oritain UK Limited and Oritain Australia Pty Limited ("we", “us”, “our” or “Oritain” as the context dictates). We are registered in New Zealand under company number 1968936 and have our office at Oritain House, Level 1, 167 High Street, Dunedin, 9016, New Zealand.

Our contact details are:

Email: [email protected]

Tel: +64(0)34890089

 

Changes to this policy

This policy was most recently updated on 20/09/2019

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

By using our site, you confirm that you accept the terms set out in this policy and that you agree to comply with them.

This policy refers to the additional terms within our Privacy Notice, which also apply to your use of our site.

If you do not agree to these terms, you must not use our site.

We may update and change our site from time to time to reflect changes to our products, our users' needs, our business priorities and any changes in the law or relevant regulation. We will try to give you reasonable notice of any major changes.

 

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in anyway.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload nay 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.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy.
  • Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

 

We may suspend or withdraw our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the terms of this policy and other applicable terms and conditions, and that they comply with them.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions set out in this policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

 

How you may use material on our site

We are the owner or licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of this policy, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

 

User-generated content is not approved by us

This site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please contact us.

 

Our responsibility for loss or damage suffered by you

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and/or services to you, which will be set out in our terms and conditions of any agreement we enter into you with.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

 

Standards applicable when you upload content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in this policy.

These content standards apply to any and all material which you contribute to our site, and to any interactive services associated with it.

All contributions that you make must be accurate (where a statement of fact), genuinely held (where a statement of opinion) and must comply with New Zealand law and the law applicable the country from which it is posted.

A contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the contribution emanates from Oritain, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or compute misuse.
  • Contain a statement which you know or believe, or have reasonably grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

The standards set out above must be complied with in spirit as well as to the letter, and we will determine, in our sole discretion, whether any contribution is in breach.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards of this policy.

You are solely responsible for securing and backing up your content.

When you upload or post content to our site, unless agreed in writing otherwise, you grant us the irrevocable, non-exclusive, worldwide, royalty-free licence to use that content.

 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Crimes Act 1961. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

The website in which you are linking must comply in all respects with our content standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact us. We reserve the right to withdraw linking permission without notice.

 

Breach of this policy

Where we consider that a breach of the website terms and acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site or removal of any contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability to all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

Which country's laws apply to any disputes?

These website terms and acceptable use policy, their subject matter and their formation (and any non-contractual disputes or claims) are governed by New Zealand law and the parties shall submit to the exclusive jurisdiction of the courts of New Zealand.