Terms of use

1. Our agreement

1.1 These website terms of use ("Terms of Use") apply to your use of the www.orbitsound.com/nz website (the "Website") which we own and maintain. These Terms of Use should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information and is accessible here.

1.2 We operate this Website to provide information about our business activities and the products and services we offer our customers in New Zealand.

1.3 Please read these Terms of Use carefully. By using the Website you agree to these Terms of Use. If you do not agree to these Terms of Use, you must stop using the Website immediately.

1.4 We may update or amend these Terms of Use from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

1.5 These Terms of Use were last updated on 13/03/2019.

2. About us

2.1 We are Orbitsound UK Limited, a company registered in England and Wales (registration number 10785362) with the registered address of 65-69 East Road, London, N1 6AH.

2.2 Further information about us and the Orbitsound brand is available on this website.

2.3 If you have any questions, complaints or comments about the Website or these Terms of Use then please contact us by email or telephone using the contact details set out on the Contact Us webpage.

3. Accessing the Website

3.1 As part of using the Website we may collect data in accordance with our Privacy Policy.

3.2 You confirm that:

3.2.1 any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and

3.2.2 you will at all times comply with these Terms of Use.

3.3 You agree that in using the Website you will not:

3.3.1 use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;

3.3.2 use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

3.3.2 use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

3.3.4 transfer files that contain viruses, trojans or other harmful programs;

3.3.5 authorise, encourage or assist any other person to, copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Website;

3.3.6 penetrate or attempt to penetrate the Website's security measures; or

3.3.7 email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.

3.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.

3.5 We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these Terms of Use. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

4. Intellectual Property

4.1 Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Website and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trademarks are owned by such third parties or their licensors.

4.2 You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Website for commercial exploitation in any circumstances.

4.3 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.

4.4 If you print off, copy or download any part of our site in breach of these terms of use, 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.

5. Availability and content

5.1 We provide the Website on an 'as-is' basis and do not guarantee that the Website will be available or fault free and do not accept any liability for any errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance).

5.2 We provide the content on the Website in good faith but make no statement that any content is accurate complete or up-to-date, nor that the Website does not infringe the rights of any third party.

5.3 We accept no responsibility or liability for your reliance on the Website and any reliance is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, we accept no liability for them.

6. Links

6.1 We may provide links to other websites as part of the Website. You acknowledge that:

6.1.1 we do not control such third party websites and are not responsible for their contents;

6.1.2 we will not be party to any transaction or contract with a third party that you may enter into via such websites;

6.1.3 we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and

6.1.4 you agree that you will not involve us in any dispute between you and the third party.

6.2 You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have given you our written permission.

6.3 We reserve the right to withdraw linking permission without notice.

6.4 If you wish to make any use of content on our site other than that set out above, please contact by email or telephone using the contact details set out on the Contact Us page.

7. Uploading material to the Website

7.1 Each time you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply in all respects with the content standards set out at clause 8 of these Terms of Use below.

7.2 Any content you upload to our site will be considered non-confidential and non-proprietary, and we will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to the Website.

7.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

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

7.5 We have the right, without notice, to remove any material or posting which you make on our site if, in our opinion, such material does not comply with the content standards set out at clause 8 of these Terms of Use below.

7.6 The views expressed by other users on our site do not represent our views or values.

8. Content standards

8.1 These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.

8.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

8.3 Contributions must:

8.3.1 be accurate (where they state facts);

8.3.2 be genuinely held (where they state opinions); and

8.3.3 comply with applicable law in New Zealand, the UK and in any country from which they are posted.

8.4 Contributions must not:

8.4.1 contain any material which is defamatory of any person;

8.4.2 contain any material which is obscene, offensive, hateful or inflammatory;

8.4.3 promote sexually explicit material;

8.4.4 promote violence;

8.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.4.6 infringe any copyright, database right or trade mark of any other person;

8.4.7 be likely to deceive any person;

8.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.4.9 promote any illegal activity;

8.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person;

8.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

8.4.13 give the impression that they emanate from us, if this is not the case; or

8.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9. Liability

9.1 While we have endeavoured to ensure the information on this website is accurate we do not accept any liability for any error, misstatement or omission.

9.2 Subject to any terms implied by law (including the Consumer Guarantees Act 1993, where applicable) which cannot be excluded, we shall not be responsible or liable, in contract, tort (including negligence), equity or otherwise for any direct, indirect, incidental, consequential damage arising out of, or in connection with your access to, or use of, this website or any linked websites.

9.3 We are not responsible for:

9.3.1 losses not caused by our breach;

9.3.2 failure to meet any of our obligations under these Terms of Use where such failure is due to events beyond our control.

10. Transactions concluded through our Website

10.1 If you are a consumer, you may make purchases of products and services on this Website for personal, domestic and non-commercial purposes in our supported Territories.

10.2 If your Territory is supported, contracts for the supply of goods or services made using our Website are in our terms of supply. All contract of sales are with the appointed distributors within the Territories and not Orbitsound UK Limited directly, save for sales in United Kingdom.

11. General

11.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms of Use to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of the service you receive under these Terms of Use.

11.2 In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms of Use to another legal entity, your only rights under or in connection with these Terms of Use will be against the new legal entity and not against us.

11.3 These Terms of Use are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

11.4 If you breach these Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

11.5 If any part of these Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

11.6 These Terms of Use are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under clause 11.1 above.

11.7 We will do our best to resolve any disputes over these Terms of Use. If you wish to take court proceedings against us in respect of goods supplied in New Zealand or in respect of the use of this New Zealand website you must do so within New Zealand. The laws of New Zealand will apply.

Orbitsound — British audio pioneers
© Orbitsound . All rights reserved.

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