This Website – Terms and Conditions
Last Updated: 15/07/2015
Firstly, welcome to our website. These terms and conditions govern your use of all websites using the ornavi.com, ornavi.co.uk or ornavi.biz domain names or sub-domains thereof.
Please read these terms and conditions carefully before using this website (the “Site”). Using this Site indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use this Site.
We may change our terms and conditions from time to time so you should review them regularly. Your use of this Site will be deemed an acceptance of the terms and conditions existing at that time.
1. Information About Us
This Site (www.ornavi.com) is operated by Ornavi Limited. We have our registered office at Newbie, near Annan, Dumfriesshire, DG12 5QJ.
2. Accessing This Site
1. We reserve the right to withdraw or amend the services we provide on this Site without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. 2. From time to time, we may restrict access to some parts of this Site, or this entire Site, to users who have registered with us. 3. 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, and 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 opinion you have failed to comply with any of the provisions of these terms and conditions.
3. Permitted Use
1. Subject to clause 3.2, you may print and download extracts from this Site for non-commercial use on the following basis: 1. no documents or related graphics on the Site are modified in any way; 2. no graphics on the Site are used separately from accompanying text; and 3. no copyright and trade mark notices are removed. 2. You agree not to: 1. use any part of the materials on this Site for commercial purposes without obtaining a licence to do so from us or our licensors; 2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of this Site, except as permitted above; 3. provide a link to this Site from any other website without obtaining our prior written consent.
4. Intellectual Property Rights
1. Unless otherwise specified, we are the owner or licensee of all intellectual property rights in the 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. 2. Unless otherwise specified, the authors of the literary and artistic works in the materials contained in the Site have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
5. Reliance On Information Posted
1. The information contained in the material on this Site is for information purposes only and does not constitute advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of this Site, or by anyone who may be informed of any of its contents. 2. Subject to clause 5.3 and to the extent permitted by law, we hereby expressly exclude: 1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of this Site, including without limitation any liability for: 1. loss of income or revenue; 2. loss of business; 3. loss of profits or contracts; 4. loss of anticipated savings; 5. loss of data; 6. loss of goodwill; 7. wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 3. We do not exclude liability for death or personal injury arising from our negligence nor any other liability which cannot be excluded or limited under applicable law.
6. Third Party Material
This Site may contain material submitted and created by third parties including other Site users and third party data providers. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material. You acknowledge that the provisions of these terms and conditions, including but not limited to clauses 3 and 5 apply to information provided by third party data providers and that you have no right to take any action against third party data providers as a result of your use of this Site.
7. Links
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.
8. Material Submitted By You
1. By submitting any material to us, you: 1. automatically grant us a royalty-free, perpetual, irrevocable licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and 2. waive all your moral rights in such materials. 2. You acknowledge that we are not obliged to publish any material submitted by you. 3. You agree not to post any material: 1. that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, blasphemous, pornographic, in breach of confidence, in breach of privacy; or 2. for which you have not obtained all necessary licences and/or approvals; or 3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK; or 4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 4. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of clause 8.3.
9. Data Protection and Privacy
1. We process information about you in accordance with our Privacy Policy. By using this Site, you consent to such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate. 2. We hold a data protection registration and comply with the Data Protection Act 1998.
10. Validity
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
11. Agreement
These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein.
Ornavi System – Terms And Conditions
Last Updated: 15/07/2015
Introduction
Firstly, welcome to our website. These terms and conditions govern your use of all websites using the ornavi.com, ornavi.co.uk or ornavi.biz domain names or sub-domains thereof. By using these websites, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, please do not use these websites.
Definitions
“We”, “Our”, “Us”, “Ornavi” or “the company” means Ornavi Limited;
“You” means you, the person using our products, services or visiting our Website either as an individual or whilst acting for your employer;
“Services” means all products, goods or services we provide and anything else we do for you, including allowing you to access our Website;
“Provision of Services” or “Service Availability” is defined as the ability to access use or interact with our Servers and the Ornavi platform.
Variation
The terms and conditions of this website may be revised from time to time and the current version displayed on this page. The revised terms and conditions will apply from the date of publication on this website. We reserve the right to change or update these terms and conditions without prior warning.
Our Responsibilities
Provision Of Services
We will endeavour to ensure that the service and your data will be available 24 hours a day, 7 days a week, except during planned downtime or events beyond our reasonable control, such as but not limited to natural disasters (flood, fire, earthquake etc), act of government, civil unrest, act of terror, strike or other labour problems, ISP failure or delays or DoS attacks. Services may be subject to other limitations, such as, but not limited to, limits on disk space, API load, Page views, etc.
We reserve the right to modify or remove services (or parts of), with or without advance notice.
Protection Of Data
Keeping your data safe and secure is one of our primary objectives. All our servers are kept up-to-date with the latest security patches to ensure they are as secure as possible, and are backed up daily to both local and remote data centre locations to prevent data loss. They are also monitored to quickly identify performance or reliability problems and eliminate them before they become a problem. However, we cannot and will not accept liability for the loss of customer data due to general use or events beyond our reasonable control, such as but not limited to natural disasters (flood, fire, earthquake etc), act of government, civil unrest, act of terror, strike or other labour problems, ISP failure or delays, hacker attacks or hardware failure. Access to our servers is also restricted only to essential staff members to further enhance security.
Data Retention
Upon expiry of your Ornavi account, either at the end of your 30 day trial, or the end of your subscription period, you will no longer be able to access Ornavi or your data. Data will be retained and securely backed up for 90 days after this period, in case you later decide to continue to use the system. After 90 days, your data may be deleted from our system. Please contact us using the details at the end of this document, if you would like your data to be deleted immediately, or if you would like an export of your data (charges may apply).
If the service is not used by you for more than 180 days consecutively, you data may be deleted. We will endeavour to make contact with you before data is deleted.
Data Storage
Ornavi offers the ability to upload and store documents and files within the system. This facility is provided solely for the storage of business related files. It may not be used for the storage of personal files, any form of illegal material or pornography. Ordinarily we have no obligation to, and do not monitor and access customer accounts, however we reserve the right to do so if we believe there is just cause (eg. illegal activity, uploading of virus infected files, questionable material or for general customer support). We may delete any infringing material immediately without warning.
Your Responsibilities
You must be a person. Accounts registered or run through automated methods are not permitted.
When subscribing to this Service, you must: a) provide true and complete information about yourself and any other information requested by us in the signup form in order to complete the signup process and b) maintain and promptly update that information as true and complete. If we have reason to believe that you have provided false or incomplete information, we may delete your account and prevent you from using the Services now or in the future.
You are responsible for maintaining the security of your account login information (Username & Password) we cannot and will not be liable for any loss or damage from failure to comply with this security obligation.
You must not, in the use of this service:
- Create derivative works based on the services.
- Reverse engineer our software and services.
- Use your account for any illegal or unauthorized purpose.
- Violate any laws in your jurisdiction (including, but not limited to copyright laws).
- Access the services in order to:
- Build a competitive product or service.
- Copy any features, functions or graphics of the services.
Feature Requests
We encourage users to suggest ideas for improving the service. We shall have all rights to such requests, suggestions, and any content that is part of that request.
Fees And Payment For Services
Fees
Regular payments must be made on schedule in accordance with the selected package. Subscription fees are (usually) based on monthly periods that begin on the subscription start date and each monthly anniversary thereof. Failure to maintain payments may result in interruption of service. Fees are calculated based on the selected allowances and modules, and not on actual usage. It is your responsibility to select the limits and modules required depending on your usage of the Ornavi service. Any fees paid are non-refundable.
We aim to keep Ornavi competitively priced, however we reserve the right to change the fees and to start charging for use of Services that are currently available free of charge. We reserve the right to review fees and services and adjust appropriately. You will be notified in advance of any fee changes. You will not be charged for using any Services unless you choose to opt for a paid plan.
Payment
You will be responsible for ensuring correct billing details are entered in the system and kept up to date at all times. Failure to do so may result in loss of service.
Suspension of Service
If payment is more than 10 days overdue, we reserve the right to suspend access to your account until these fees are paid in full. A re-activation fee may be charged to re-active your account.
Termination of Service
We reserve the right to immediately terminate an account (free, trial or subscription), at our discretion to ensure server or system integrity.
Future Functionality
You agree that your purchase and continued subscription is not contingent on the delivery of any functionality or features, or dependent on any oral or written public comments made by us regarding future functionality.
Warranty
Your use of the Ornavi service is at your sole risk. The service is provided on an “as is” and “as available” basis.
We do not warrant that:
a. The service will meet your specific requirements
b. The service will be uninterrupted, timely, secure, or error-free
c. The results that may be obtained from the user of the service will be accurate or reliable
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from:
a. The use or inability to use the service
b. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or any messages received or transactions entered through or from the service
c. Unauthorised access to or alteration of your transmissions of data
d. Statements or conduct of any third party on or involved in providing the service
e. Any other matter relating to the service.
Proprietary Rights and Licenses
Reservation of Rights
Subject to the limited rights expressly granted hereunder, we reserve all of our right, title and interest in and to the Services and Content, including our related intellectual property rights. No rights are granted to you other than as expressly set forth herein. Any and all code, including the look and feel is owned by us. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without express written permission from us.
License by Us to Use Content
We grant you a worldwide, limited-term license, under our applicable intellectual property rights and licenses to use content on the Ornavi platform.
License by you to host your data
You grant us a worldwide, limited-term license to host, copy, transmit and display your data created by or for you using a service, as necessary for us to provide the services in accordance with this agreement. Subject to the limited licenses granted herein, we acquire no right, title or interest from you or your licensors under this agreement in or to your data.
License by You to Use Feedback
You grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the services and suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation of the services.
Confidentiality
We will at all times be committed to ensuring privacy of information. Any information submitted by you will only be used by us in the manner intended by you or by the terms of this agreement.
We will never distribute your information to third parties, and all our staff are under extensive confidentiality and non-disclosure agreements.
While we make every effort to keep your information safe and secure, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.
For credit card related privacy information see the Privacy Policy.
Communication from Ornavi
We may communicate with you through phone calls, emails, newsletters and service announcements. You can unsubscribe from our Newsletter but you will not be able to opt-out from receiving service announcements and administrative messages.
Governing Law
These terms and conditions shall be governed by and construed in accordance with Scottish law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the Scottish courts.
How To Contact Us
If you have any comments or questions regarding our Privacy Statement, please feel free to contact us by:
Phone: +44 (0)1461 205100
Email: info@ornavi.com