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  Terms of Use

Welcome to the Orbien website. By using the Orbien website YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY and all disclaimers, terms and conditions.
These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this website ("Site") (whether accessed by you on the web, by WAP or on a PDA (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Orbien (hereinafter referred to as "we", "us", "our" or "Orbien"). Any reference to "you" and "yours" refers to you, the user of the Service.

Copyright
The copyright and material on this website is owned by Orbien and is protected by the copyright laws of UK . The material on this website may only be used by those who access it from the UK and such users will be entitled to copy any such information for their own personal use but may not republish, store or reproduce any such information in any manner, including but not limited to electronic reproduction, without the prior written consent of Orbien. Any unauthorised downloading, retransmission, other copying or modification of any of the contents of this website may be in breach of statutory or common law rights which could be the subject of legal action. Orbien disclaims all liability which may result from any unauthorised reproduction or use of the information on this website.

Trade Mark
Certain names, words, titles, phrases, logos, icons, graphics or designs to the pages of this website may constitute trade names or unregistered trade marks of Orbien. The display of any of the above trade names or trade marks on pages of this website does not imply that any licence has been granted to any third party in respect of the same. All other product or company names and devices, logos, icons, graphics or designs referred to on the pages of this website are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and Orbien intends no infringement of such trade marks. The appearance or absence of products, services, companies, organisations, home pages or other Websites on this website does not imply any endorsement or non-endorsement thereof by Orbien. All rights not expressly granted herein are reserved by Orbien
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Liability
Orbien shall not be liable for any direct or indirect, incidental or consequential damages, including the loss of profits, business revenue or goodwill arising from the use or access of or inability to use or access, interruption or availability of this website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use.

Warranties
The information, materials and functions contained in this website including text, graphics, links or other items are provided on an "as is" basis excluding any warranty whatsoever, express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or freedom from computer viruses. Orbien excludes any liability for any errors in or omissions from information, materials and functions included in this website or any third party Websites linked to or from this website.

Jurisdiction
This website is intended to be accessed only by persons located in predominately English speaking countries and Orbien makes no representation that any information, materials or functions included in this website are appropriate for use in with any other language. However, if you are unsure whether the products and services referred to on this website are available to you, please email us at info@orbien.co.uk

Personal Data & Privacy Policy
As the Internet is not a secure medium of communication, Orbien cannot guarantee the security of any information you input on this website or send to us on the Internet. Orbien is not, and will not be, responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.

Web Links
The provision by Orbien of a link to another Website does not constitute any authorisation by Orbien to the user to access material held at that location, nor is it evidence of any endorsement by Orbien of the material held there. Orbien accepts no responsibility or liability for the privacy of your personal information on such Websites, as these are beyond our control. Orbien will accept no responsibility or liability in respect of any materials on any Website which is not under its control.

Website Problems
This website has been extensively tested and should work properly at all times. However, if you experience a problem at any time, please return to the homepage and try again. If the problem persists you can contact us by following the link on the 'Contact Us' page.

Enforceability
In the event any provision of these terms and conditions of use and access to this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision. 

Information
Information provided in this website is believed to be reliable when posted. However, Orbien cannot guarantee that information will be accurate, complete and current at all times. All information on this website is subject to modification from time to time without notice.

Governing Laws
The terms and conditions of use of this website shall be governed by and construed in accordance with the laws of the England.

Our core Service are based in the UK, with subsidiary Services provided throughout the world. Please see our website for details of our Services in other countries. Some products require the use of Sim Cards provided by Local Network Service Provider and use of some of these Services may vary according to local Network Service Providers and we advise that you review the local Network Service Provider’s web site for details. Your access and use of the Services and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible we will provide advance notice of major changes to the Service. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms at the time of your access. In case of any changes to these Terms, you should check these Terms each time you use any of the Services.

Where a local Network Service Provider, third party service or content provider ("Provider") is identified as providing a particular service or application forming part of the Service then you may also be contracting directly with such Provider and your access to and use of that service or application may be subject to additional terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms to the extent they are applicable.

Your contract with us begins when viewing, accessing or using any Service offered by us which does or does not require subscription or registration. We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services. In addition to these General Terms, there may be additional Terms and Conditions which apply to individual Services which you will be required to accept when registering for that Service.

If you have any enquiries or problems concerning this Service, please contact us using the email contact form.

The information displayed on this website, including and prices if provided, does not constitute an offer to contract or enter into an agreement. When you send an order, your order shall constitute an offer for the goods and/or Services selected. Acceptance of your order shall only take place when your credit card or debit card is debited. Until then, we reserve the right to decline the order. No binding contract is created until your order has been accepted. Any contracts or agreements formed between you and us by means of this website shall be governed and construed according to English law and any disputes or proceedings shall be subject to the exclusive jurisdiction of the English court.

To order products from this website you must be 18 years of age or over. Any offers of sale presented are only intended for individuals who are 18 years of age or older. By order products, you affirm that you are 18 years of age or older.

Payment can be made by any major credit or debit card and you confirm that the card used by you to purchase products from us is yours or if not yours, that you have authority to use the card from the registered cardholder.

All product displayed on this website are subject to availability.

All product prices include local taxes (but exclude any delivery charges).

The images contained on our website are for guidance only and actual products may differ slightly from those shown. Orbien and its suppliers reserve the right to improve products and their specification without prior notice.

If you purchase any products as a consumer as opposed to for business use, you have the right to cancel this order. To do so you must contact us within 7 days of receipt of the goods by: Email: returns@orbien.com

You must then return the products, in line with our 30 day return guarantee to country address where order placed:

We may charge you for our costs of recovering products not returned to us directly.

Our 30-day returns guarantee means that if for any reason you are unhappy with your purchase, you can return it to us in its original condition within 30 days of the date you received the item, unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item. We can only accept the return of opened items if they are faulty. Please note that we reserve the right to send back items to you that have been returned to us after 30 days unless they are faulty.

If you are a subscribed Orbien customer, you may login to the appropriate website relating to your subscription. Login will enable you to review and use the Services associated with that product

Without limitation, we shall not be liable in any way for failures, defects or delays in the delivery of the Content which are caused by one or more of the following reasons:

(a) you have provided incorrect information;
(b) any of your chosen message boxes are full and cannot receive additional messages;
(c) bluetooth enabled devices are switched off, out of range, disabled or for some other reason cannot be reached; or
(d) any other reason outside our reasonable control.

We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you with for the storage of content files or other information, but we have no obligation to store any such materials for you and will not be responsible if stored information is lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage facility. Whilst we will use our reasonable efforts to ensure that messages, pictures, and other data communications are sent correctly to Bluetooth enabled recipients, we are not responsible for the delivery of these messages, pictures, and other data communications over third party Providers’ networks and we do not warrant and shall not be liable for any delay or failure to any data communications or the quality of the materials received. You accept and agree that messages, pictures and other data communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on our Services and we shall not be responsible or liable for such acts.

We reserve the right to suspend or terminate any account that you are subscribed for where we believe, in our sole and absolute discretion, that your account or storage facility is being used to send any messages, files, pictures or data communications which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms.

The subscribed Service is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms. You recognise that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, services provided by the Network Service Providers.

We use our reasonable endeavours to ensure that the information within the subscribed Service is accurate at the time of its inclusion, but your access to the Service and any action you carry out on the basis of data or information you obtain from or via the Service (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.

The inclusion of links on the subscribed Service to third party sites not controlled by us does not imply any endorsement by us of such sites. The subscribed Service is provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Service. Accordingly, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:

your use of, reliance upon or inability to use our Service and/or Content;
the deletion with or without notice or cause of any of your data or information stored on the Service;
any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or
the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.

If you are dissatisfied with any part of the subscribed Service or with any of these Terms, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund (subject to the Terms of the particular element of the Service) for the cost of that element of the Service which has caused dissatisfaction.

You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer.

You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Services may be used by you to link to other web sites, resources and/or communications networks. We accept no responsibility for their content or services, or otherwise in respect of these. We are unable to ensure the security of your communications as they pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your device. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Service.

You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we or our Providers receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.

You accept that you will be liable to Orbien if you are in breach of these terms or allow others to use the Service in breach of these terms.

It is your sole responsibility to satisfy yourself prior to using the subscribed Service in any way that it is suitable for your purposes and up to date. You should refresh your browser each time you visit the Service to ensure that you download the most up to date version of the Service.

We may delay enforcing our rights under these Terms without losing them. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice. You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.

We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control including, but not limited to, Acts of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Orbien is not responsible.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.

These Terms (and, where applicable, the relevant additional terms that you accept as part of the using the online Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of our subscriber Service and supersede all previous agreements relating to the Service.

If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.

Orbien reserves the right at all times to disclose any information as Orbien deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.
 
 
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Copyright Orbien , All rights reserved
This website and its content are ©copyright of Orbien 2010 All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.