“Us”, “We”, “Our”, “White Orca” means White Orca Limited.
“You”, “Your”, “Subscriber” means the individual or entity using our website, and or with a right to use the restricted services of the website.
“Services” means any online subscription based applications that we may provide (including but not limited to Helpdesk, CRM and Project Manager).
“Subscription” means the order of specific Services for the Term, and the right thereafter to access those restricted services within our website.
“Consumer” means any Customer who is a natural person acting for purposes which are outside his business.
“Term” means the duration of a subscription.
“Fee” means the price quoted for Services at the time the Subscription was taken out.
(3) Licence to use website and services
Unless otherwise stated, we own the intellectual property rights in the website and material on the website.Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) use the Services for the development, production or marketing of a service or product substantially similar to the Services
(f) use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services
(4) Acceptable use
Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
(5) Subscriptions, Fees and Payment
Access to certain areas of our website is restricted to subscribers.We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
You may become a subscriber by purchasing a subscription to one or more of our ‘restricted’ online services (including but not limited to Helpdesk, CRM, Project Manager). Where purchase is necessary, this is made by clicking on the Google Checkout icon adjacent to the relevant subscription service as listed on the Products page of our website.
You will have the opportunity to identify and correct input errors prior to the point of confirming purchase.
We may vary subscription charges from time to time by posting new charges on our website.However, such variations will not affect subscriptions that have already been paid for, but will become effective at the point of renewal. All subscription charges stated on the website are stated exclusive of VAT.
Full payment is required in advance (by clicking on the Google Checkout icon and following the prompts for payment) before access to the relevant service is granted.
Each subscriber defines their own username and password to enable the subscriber to access the restricted areas of our website.Subscribers must ensure that their username and password details are kept confidential.
During the period of your subscription, you will be able to access, using the username and password details that you defined, any applications that you have subscribed for.
(6) User generated content / acceptable use policy
Where your user content is displayed or uploaded by you to a public area or forum within our website you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence
(m) be pornographic
(n) be untrue, false, inaccurate or misleading
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
(p) constitute spam
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory
(r) cause annoyance, inconvenience or needless anxiety to any person.
User content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(7) Limited warranties
We warrant to subscribers that the subscription service will be provided with reasonable care and skill, that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.We do not warrant the completeness or accuracy of the information published on this website.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations of liability
(a) we will not be liable for any consequential, indirect, punitive or special loss or damage;
(b) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information (including losses and damages related to corruption or deletion of website contents, e-mail data and or database contents) arising out of or in relation to this agreement or your use or inability to use White Orca’s services (including, but not limited to, inoperability of White Orca’s subscription services)
(c) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our liability in relation to any event or series of related events will not exceed the amount paid by you to White Orca for the services in the prior twelve (12) months.
In the case of public forums you agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may also cancel subscriptions on 30 days written notice without cause.Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).
(11) Third party websites
Our website includes links to other websites owned and operated by third parties.These links are not recommendations.We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
(12) Trade marks
White Orca and our logo are trade marks belonging to us.We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
(13) Variation and amendment
(16) Exclusion of third party rights
(17) Entire agreement
(18) Law and jurisdiction
(19) Our details
White Orca Limited
20 St. George’s Lane South
Company Registration No: 06911503
VAT Registration No: 109011462