Terms

(1) Introduction

These terms of use govern your use of our website and any services therein. By using our website, you accept these terms of use in full.

If you subscribe to our website, for any of our applications, we will ask you to expressly agree to these terms of use.

These terms of use are provided in the English language only.

(2) Definitions

In these and terms of use, the expressions listed below shall have the following meanings:

“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.

Your subscription will continue for the relevant period selected by you at the point of purchase, subject to early termination in accordance with these terms of use.

If you are contracting as a consumer, you may cancel a subscription at any time within 7 working days, beginning on the day after you received our e-mail acknowledgement of payment of your subscription charge, providing that you have not accessed the relevant subscription service during that period. If you cancel a subscription in accordance with this provision, you will receive a full refund of the price paid.We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your valid notice of cancellation.Your notice of cancellation should be sent to the email address at the end of these terms of use.

Your subscription will be automatically renewed under the same term and fee structure unless you give us e-mail notice thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement. Your notice that you do not wish to renew should be sent to the email address at the end of these terms of use.

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

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

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 use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

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.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, 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

Our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(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.

You accept that we have an interest in limiting the personal liability of our officers and employees.Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

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.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(10) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(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).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber’s subscription.Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

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

We may revise these terms of use from time-to-time.Revised terms of use will apply to the use of our website and services from the date of the publication of the revised terms of use on our website.Your continued use of the website and services after changes have been posted constitutes acceptance of the modified terms. Please check this page regularly to ensure you are familiar with the current terms of use.

(14) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and services, and supersede all previous agreements in respect of your use of this website.

(18) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(19) Our details

White Orca Limited
20 St. George’s Lane South
Worcester
WR1 1QZ

Company Registration No: 06911503
VAT Registration No: 109011462