OrchidLive.com Terms and Conditions

  1. What this agreement is about
    1. This agreement describes how you may use OrchidLive.com and is made up of these terms and conditions and our privacy policy.
    2. If you have opened an OrchidLive.com account, this agreement describes how you and your own clients may use OrchidLive.com.
    3. We may change the terms of this agreement and our privacy policy at any time. We will make reasonable efforts to communicate any changes to you via a notification on OrchidLive.com or by sending an email to your user address, but it is up to you to ensure that you regularly check, read, understand and agree to the most recent version of this agreement and our privacy policy as you will be deemed to accept all updates if you continue to access OrchidLive.com.
  2. Whom this agreement is between
    1. This agreement is between: you, the person or organisation authorised to use OrchidLive.com; and us, CHI (UK) Limited (company registration number 5377131, VAT number GB 746 4991 86, registered office: Studio 108, Hoults Yard, Newcastle upon Tyne, Tyne and Wear NE6 2HL, United Kingdom) if you open an OrchidLive.com account.
    2. By entering into this agreement, we both agree to be bound by and keep to it.
  3. How you accept this agreement, and when this agreement starts
    1. You accept every term of this agreement, and this agreement starts, from the earliest date you tick a box or click on a button (or something similar) when OrchidLive.com asks you to confirm that you accept this agreement.
    2. This agreement will continue until terminated in accordance with paragraph 13.
    3. If you don’t accept this agreement, you should contact us immediately and you should not use OrchidLive.com.
  4. Your rights to use OrchidLive.com and your obligations
    1. If you accept this agreement and pay the relevant fees (where applicable), we give you the right to use OrchidLive.com in the way described in this agreement. You may not use OrchidLive.com in any other way.
    2. All rights of ownership of the information you input into OrchidLive.com remain yours but your access to this information is dependent upon you paying any applicable fees. We follow good industry practice to prevent data loss; however, you must keep copies of any information inputted into OrchidLive.com (or generated by it) as we cannot guarantee that your information will not be lost or damaged.
    3. You cannot transfer your OrchidLive.com account to any other person or organisation. For example, you cannot sell it if you no longer want to use OrchidLive.com, or if you become insolvent an insolvency practitioner may not pass on your OrchidLive.com account (including your sign-in information) as part of your business’s assets.
    4. You must comply with all applicable laws and legislation in respect to your use of OrchidLive.com.
    5. One company or organisation is limited to owning one OrchidLive.com account. If multiple accounts are opened by the same organisation, they may be closed or merged together by CHI at any time and without notice.
  5. Setting up an OrchidLive.com account directly with CHI
    1. We will give you your sign-in details and passwords to enable you to use OrchidLive.com (the “sign-in information”) once you have registered with us.
    2. Following registration we will send you an email confirming the opening of your account. If you have 10 or more employees saved into your OrchidLive.com account on the first day of the month (UK time), you will pay the applicable fee directly to us via a payment method agreeable to us.
    3. We may increase the fees for using OrchidLive.com at any time by giving you not less than 30 days’ notice and such an increase will take effect from your next payment date after this notice period has ended.
  6. Use of OrchidLive.com
    1. You are solely responsible for obtaining and maintaining your internet and network connections and any associated problems are your responsibility.
    2. We will take reasonable steps to make sure that OrchidLive.com is free from viruses but we cannot guarantee this. We recommend that you use your own virus-protection software as we will not be responsible for any loss or damage caused by any viruses or other harmful technology that may infect your computer systems, data or other material owned by you.
    3. We cannot guarantee that OrchidLive.com will be compatible with your web browser or computer set-up or that your access to OrchidLive.com will be uninterrupted (this may be beyond our control).
    4. You are responsible for controlling who can access your OrchidLive.com account. We advise that you don’t allow anyone else to use your sign in information and change your password at regular intervals.
    5. From time to time we may temporarily suspend access to OrchidLive.com, for maintenance, repairs or other reasons. We will try to do this outside normal business hours and provide notice in advance but this might not be always be possible
  7. Restrictions on your use of OrchidLive.com
    1. The following list gives examples of things you must not do with OrchidLive.com:
      1. you must not introduce any viruses or harmful technology to OrchidLive.com;
      2. you must not try to gain unauthorised access to OrchidLive.com or any underlying technology;
      3. you must not try to affect the availability of OrchidLive.com to our users (sometimes called ‘a denial-of-service attack’);
      4. unless you are a OrchidLive.com Administrator, you must not give anyone else any right (of any kind) to use or benefit from OrchidLive.com in any way or provide OrchidLive.com to others. For example, you cannot use OrchidLive.com with someone else’s information to provide a service to them;
      5. you may not use OrchidLive.com to help you develop your own software. For example, you must not use or copy all or any part of OrchidLive.com's ‘graphical user interface’, ‘operating logic’ or ‘database structure’ for it to be part of, or to develop, any software or other product or technology, unless that use or copying is allowed by law;
    2. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of OrchidLive.com. In general, we will not tolerate any use which damages or is likely to damage our business or reputation, the availability or integrity of OrchidLive.com or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.
  8. What we will do with your details
    1. You agree to give us, when asked, the information we need in order to complete your registration to use OrchidLive.com. Without this information we cannot give you access to OrchidLive.com.
    2. We will use any information you give us under this agreement to:
      1. manage how you use OrchidLive.com;
      2. meet our obligations under this agreement or any other agreement we have with anyone who licenses us (our licensors) or our subcontractors;
      3. contact you to see if you would like to take part in our customer research;
      4. contact you about our other products and services and those of others which we think you will be interested in (if we do contact you in this way, we will try to speak to the relevant person in your organisation, and we may contact you directly, or use other organisations which we have hired to contact you for us).
    3. On providing your email address, you will receive an invite to our Mailchimp mailing list, where you can either accept or decline.
    4. We may give information to other companies in our group of companies, our licensors and contractors, and other organisations described in relevant documents. If you give us information which could give away the identity of a living person, you are agreeing that we can use it as described above. If at any time you do not want us to use such information in the manner described under clauses 8.2.c and 8.2.d above, please call us in the UK on 0191 338 8852 or email us at support@chi.co.uk. For more information on how we use information about you, see the privacy policy on our website at https://orchidlive.com.
    5. If you provide us with personal data (which in summary is data which enables a living individual to be identified – see www.ico.gov.uk for more details)you promise that you have the right to give it to us for the purposes envisaged by this agreement and we will process that data in accordance with applicable data protection legislation and our privacy policy (which can be viewed at the link on your OrchidLive.com Account in the UK.  You agree and authorise us to use your data as described in this agreement
  9. Technical support and how we may access your OrchidLive.com account
    1. We aim to give you technical support during UK office hours (although there may be times where we are unable to do this for reasons outside our control) covering problems you may have using OrchidLive.com. We may provide this by telephone, email, web-chat, remote assistance (where we will access your account and data online) or self-help online support as described in the Help pages of the OrchidLive.com website. You grant us the right to access your systems to provide such support
    2. We will not give you technical support or other assistance for any hardware, third-party software or other equipment used with OrchidLive.com.
  10. Intellectual Property Rights
    1. Although you have rights to use OrchidLive.com as described in paragraph 4, you do not own any of the intellectual property rights in OrchidLive.com. We (or the third party from whom we obtain our rights if we are not the owner) continue to own the intellectual-property rights in OrchidLive.com, including any software we provide to replace all or part of OrchidLive.com. The only rights you have to OrchidLive.com are as set out in this agreement.
    2. We own the rights to OrchidLive.com and any related logos. Other owners own the rights in any third-party software and their logos. By allowing you to use OrchidLive.com, we do not give you ownership of any of those rights or logos, and the rights you have to use OrchidLive.com and any third-party software, and any related logos, are as described in this agreement.
    3. You undertake not to use CHI’s name or brand in any promotion or marketing or announcement without our prior written consent.
  11. Our promises relating to OrchidLive.com
    1. Whilst we aim to provide uninterrupted use of OrchidLive.com, unfortunately we can’t guarantee this. For example, some interruptions may be caused by reasons outside our control. In those circumstances, we will not be responsible for any failure to perform our obligations in this Agreement, and we will be excused from that failure for so long as those circumstances continue. Wherever possible, we will provide advance warning on OrchidLive.com or by email of any known or planned interruptions and we will try to keep any interruption as brief as possible.
    2. We do not promise:
      1. that OrchidLive.com will meet your own needs;
      2. that you will be able to use OrchidLive.com in any particular way;
      3. that you will get particular outputs from OrchidLive.com;
      4. the standard of the results you get from using OrchidLive.com; or
      5. that, where you use our technical support services, we will be able to fix your problem or remedy your issue. The fact that you have told our representative about how you intend to use OrchidLive.com will not affect this paragraph as OrchidLive.com has been developed for many different types of users, and you are responsible for setting up OrchidLive.com so that you can use it in the way you need, and as best suits your circumstances.
    3. We promise that we will use our reasonable skill and care to provide any service to you under this agreement.
    4. This agreement describes all of our promises relating to OrchidLive.com. Unless this agreement says otherwise, we are not bound by any other contract terms, warranties or other type of promise. If, under any law, a particular term, warranty or other type of promise relating to OrchidLive.com would automatically be included in this agreement, we will only be bound by that term, warranty or promise to the extent set by law.
  12. Our liability and responsibility to you if something goes wrong
    1. Our liability (including for negligence) under this agreement will be limited to paying you an amount equal to the total of all fees you paid for the use of OrchidLive.com in the preceding 12 month period.
    2. We will not be responsible for any of the following, even if we knew or should have known there was a possibility you could experience the problem:
      1. loss of or damage to data/information inputted by you into OrchidLive.com.
      2. any interruption to your business or damage to information, however that interruption or damage is caused.
      3. loss or damage which we could not have reasonably known about at the time you entered into this agreement.
      4. losses you suffer as a result of using OrchidLive.com other than as described in the relevant documents.
    3. Nothing in this agreement will prevent or limit your or our liability for:
      1. fraud;
      2. death of or personal injury to any person as a result of our negligence; or
      3. any other matter we cannot limit or exclude under applicable law.
    4. Your and our responsibilities under this agreement are reasonable because they reflect that:
      1. we cannot control how, and for what purposes, you use OrchidLive.com;
      2. we have not developed OrchidLive.com specifically for you; and
      3. although we follow good industry practice, it is not economically possible for us to carry out all the tests necessary to make sure there are no problems with OrchidLive.com.
  13. How this agreement may be brought to an end and what happens on termination
    1. We may end this agreement immediately if we do not receive your payments or any other fees due to us under this agreement by the relevant due date.
    2. We may end this agreement at any time on giving you at least thirty days’ notice and if we do, we will refund to you any amounts you have paid in advance for use of OrchidLive.com from the date of termination.
    3. You may end this agreement at any time by sending us an email to support@orchidlive.com. If you do this, we will not give you a refund for any amounts you have paid in advance for use of OrchidLive.com, and you must immediately pay all amounts you owe us by the date this agreement ends.
    4. If you choose not to pay the usage fees to continue to use OrchidLive.com your access to OrchidLive.com will immediately end.
    5. If you or we discover that the other has done something which is not allowed by this agreement, or has not done something that must be done, the one who discovered the situation can give the other notice that the matter must be put right within 30 days. If the matter is put right in that time, no further action will be taken. If it is not put right in that time, the person who discovered the situation can then end this agreement by giving the other written notice that this agreement will immediately end.
    6. This agreement will automatically (i.e. without us having to tell you) and immediately end without refund if you become bankrupt (or something similar happens) or your is not able to pay its debts, stops trading or becomes insolvent (or something similar happens). In those circumstances we will have no further obligation to you under this agreement and any monies due from you will become immediately due and payable.
    7. No matter how this agreement ends, the information you store in OrchidLive.com remains your information and you can access it in a format provided by OrchidLive.com before the end of the agreement. If you don’t, this will not prevent this agreement from ending and your information will no longer be accessible.
    8. In addition to our rights to end this agreement, we may also suspend the provision of services to you at any time if we do not receive payment in full when due or if we suspect that you have breached any part of this agreement.
    9. Where we suspend or terminate the services under paragraph 14, we may at our discretion agree to reactivate your account subject to you paying to us a reactivation fee.
  14. What else do you need to know?
    1. If a court or similar body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on both parties. However, if the wording that cannot be enforced could be enforced if part of it is deleted, we will both treat the relevant part of the wording as if it is deleted.
    2. If you or we fail to, or delay in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.
    3. This agreement and the documents we refer to above constitute is the entire agreement between you and us for your use of OrchidLive.com, and replaces all documents, information and other communications (whether spoken or written) between us for such use.
    4. We may transfer this agreement to another organisation which is part of our group of companies at any time.
    5. A person who is not a party to this agreement has no right to enforce any term of it.
    6. Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.
  15. Which laws govern this agreement?
    1. This agreement is governed by the laws of England and you and we both agree that the courts of England will be the only courts to decide on legal disputes or claims about this agreement.

Advice

Please print these terms and conditions for your future reference.

Our terms and conditions were last updated on 1st October 2014.

Please also see our privacy policy.