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1.1 |
Welcome to the Ormita Online Terms and Conditions. This agreement describes the Terms and Conditions that govern the use of this website, and other Ormita applications linked to by this website, including but not limited to, participation in the transaction processing tools, Online Statements or any other online member information. |
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1.2 |
References to Ormita shall, for the purposes of the Agreement mean Ormita Limited, all within its group of agents and its Licensee’s (both global, national and regional). |
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1.3 |
In using this website and any other online Ormita service, you agree to be bound by these Terms and Conditions of the Trading System, together with all the Ormita Rules, including the Membership Agreement Trade Rules and Regulations of the country where your membership is held and any policies published on this website. |
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1.4 |
You must ensure that you are aware of the Rules of the Trading System (in particular in respect of the fees chargeable, the “Fee Schedule” and “Equity Program”), and disclaimers and important notices herein, as they are binding legal agreements. |
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1.5 |
If you do not accept these Terms and Conditions, you must refrain from using the website. |
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1.6 |
Where there is any express conflict or inconsistency between these Terms and Conditions, Policies and the Rules of the Trading System and/or the Membership Agreement Trade Rules and Regulations, then to the extent of such express conflict or inconsistency, these Terms and Conditions shall prevail for the purposes of the use of this website. |
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1.7 |
Where the Buyer and Seller are from different countries then Ormita may at its sole discretion determine the applicable Rules governing that transaction (if Ormita believes in any instance that this is required). |
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1.8 |
We hope you enjoy the Ormita Online Experience. |
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3.1 |
Only a member of the Ormita Trading System who is in “Good Standing” as defined in the Rules may participate in the use of the Ormita Members Trading System (part of Ormita Online). |
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3.2 |
ACKNOWLEDGEMENT:
- By accepting the Terms and Conditions you acknowledge and accept that any transactions conducted Online are solely between the Buyer and the Seller, and all responsibility and liability in respect to the transaction of the sale is between the two parties.
- Any loss that occurs to either party is in no way any fault of Ormita and you will indemnify and hold harmless Ormita from any such loss.
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3.3 |
You hereby give your consent, and with consideration to the Ormita Privacy Policy, to the following:
- As a Seller you allow us to use details or information about your listings on the website as promotional material to be sent to Ormita staff and members within the Ormita trading program worldwide.
- As a Buyer you agree to accept emails that directly relate to your purchase or any other transactional information from the website.
- As a member you agree Ormita can send to you or inform other members of Personal Information including but not limited to your:
- Email addresses
- Phone number
- Contact name
- or, any other correspondence data that may aid in a transaction being completed in accordance with the Trading System.
- As a user you agree that Ormita from time to time can send you promotional material about Ormita sales information from other members.
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3.4 |
You acknowledge by registering on this website you may be automatically eligible for, and/or entered into competitions, prizes and awards and therefore, as a User, you consent to any rules and regulations that are associated with that competition, prizes and/or award. |
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3.5 |
NATIONAL LICENSEE CENSORSHIP: Some content may be objectionable to an Ormita member in a particular country. Please be advised that the Ormita National Licensee has the power and discretion to remove such objectionable content if made by a member from that country. |
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3.6 |
USERNAME and PASSWORD: Upon registering, you will receive a username and password. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or account. |
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3.7 |
SHIPING COSTS: The Seller has the choice to list the item with the following selection of:
- Buyer to Pay Shipping Costs: It is the Buyers responsibility to pay for the shipping either before or after delivery (as agreed to by both parties). It is the Sellers responsibility to package the goods appropriately and arrange for delivery of the goods to the Buyers delivery address.
- Seller to Pay Shipping Costs: The Seller is responsible for all aspects of delivery including packing and sending the item to the Buyers delivery address.
- Buyer to Pick Up: It is the Buyers responsibility to arrange for collection of the item from the Sellers delivery address either in person or by courier or by means agreed by Buyer and Seller. The Seller is responsible for packing the goods appropriately.
- See Item Description: All aspects of delivery are clearly laid out within the listing, and the Buyer accepts these.
- Will Split Costs 50/50: It is both parties responsibility to ensure that delivery is paid for. It is the Sellers responsibility to ensure that goods are packaged appropriately and are sent to the Buyers delivery address.
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3.8 |
It is your responsibility as the Buyer to ensure that you know and agree to the Shipping Costs and Shipping Limits BEFORE making a purchase, and your responsibility as the Seller to list the correct Shipping Costs and Shipping Limits. |
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3.9 |
SELLERS SPECIFICATION on SALE: Users acknowledge that once the Seller makes the choices as to the conditions of the sale and selects “Post Listing” that this constitutes an irrevocable offer to treat to the world at large. It is capable of conditional acceptance by a Buyer who clicks Checkout. Accordingly the Buyer must understand that once he/she presses Checkout, that that is an irrevocable acceptance of the Sellers conditions and must adhere to those conditions and pay if necessary. It is not an offer to negotiate; it is now a legally binding commitment. |
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3.10 |
SELLERS LISTING: The Seller acknowledges and accepts that they are making an irrevocable offer to the Buyer willing to purchase at the set price and quantity on the Trading System. |
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3.11 |
QUOTES: A member creating a listing for a service (something which is charged per minute, hourly, daily, weekly or at a fixed price but which has no physical presence) can choose to have the price open to negotiation (no listed price). When a buyer selects to purchase this item they are required to enter in details of their purchasing requirements and the seller may then offer a price based on these requirements. Depending on the preferences of the buyer they may choose to accept or decline this offer and complete the purchase.
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3.12 |
RATING SYSTEM: Ormita operates a rating system whereby logged-in members accessing the online trading platform may rate each other on a scale of 1-10 (10 being the highest) and leave comments. Ratings can be done on an ad-hoc basis and any member may view the ratings and comments left by another member. Ormita may, at its sole discretion, modify, edit or delete ratings and comments left by members. The Rating tab appears on every product, service or listing created by a member and is the consolidated rating (average) for that member. |
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3.13 |
Risk for loss and damage to the goods passes to the Buyer upon:
- Dispatch by the Seller if the Buyer is responsible for delivery of the goods or pick up or collection.
- Actual delivery to the Buyer if the Seller is responsible for delivery of the goods.
- The parties should consider insuring the goods accordingly.
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3.14 |
Ormita Is ONLY A VENUE: Users of this website acknowledge and accept that Ormita is only a facilitator/venue for transactions to occur and Ormita is not in anyway:
- To be considered a Seller of any goods or services on the website unless expressly stated otherwise by Ormita; or
- Endorser/promoter or representor of the truthfulness or accuracy of any statement made on the website; and
- c. Accordingly all legal relations are between you and the other party.
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3.15 |
NOTIFY UNAUTHORIZED USE: You must notify Ormita immediately of any unauthorized use of your password or account, or any other breach of security. |
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3.16 |
LOGGING OUT: It is your responsibility to ensure that you log out completely at the end of each user session. |
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3.17 |
Use Site for Trading and Informational Purposes Only: No communications other than for enquiry relating to a product or service listed on the website shall be permitted within the website. This includes the harvesting of email addresses. |
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3.18 |
CURRENCY SYMBOLS: Please be aware that items are listed in the currency of the Seller. Currency is denoted by the country’s three letters before the T symbol, i.e. |
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3.19 |
RATES OF EXCHANGE: The rates of exchange for transactions inter-country are available on the website. These are calculated based using the rates of selected banks and may change at the discretion of Ormita.
- You warrant that your registration details are true and accurate at all times and shall remain true and correct at all times.
- You acknowledge that this website is not made available for sales involving the following and hereby warrant that you will not list on or buy the following:
- Illegal or illicit goods
- Cash
- Cash Vouchers
- Products or services that are prohibited by applicable laws (including but not limited to goods that infringe intellectual property laws, in particular the trademark and copyright laws, and/or the intellectual property rights of a third party).
- Offensive goods (including goods of a defamatory or ethnically objectionable nature)
- Tickets to events where the sale of such a ticket may contravene scalping laws.
- Stolen goods
- Goods which have been illegally imported
- Goods which require or involve an illegal import or export in order to complete the transaction
- Animals and Wildlife
- Replica and Counterfeit Items
- Stocks and Securities
- Any item which in the reasonable opinion of Ormita would be offensive, including but not limited to, racist and sexist material.
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3.20 |
Warrant and Indemnity by You as Seller.
- You warrant that your registration details are true and accurate at all times and shall remain true and correct at all times.
- You acknowledge that this website is not made available for sales involving the following and hereby warrant that you will not list on or buy the following:
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3.21 |
As a Seller you hereby warrant that all goods listed will be unencumbered and free from any third party claim or interests which may prejudice the ownership rights or interests of the Buyer. You as a User agree to indemnify us against any liability which we may incur to a third party whatsoever and howsoever arising out of the sale or listing of goods or services by you in connection with the Trading System process whether according to contract, tort or legislation. |
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3.22 |
It is your responsibility to ensure and you hereby warrant to us and the Buyer that:
- Goods being offered for sale are accurately described (including any faults, defects etc) in the listing;
- All relevant and material information concerning the goods being offered for sale is contained in the listing;
- The goods are in your possession;
- You have undisputed ownership at the time of placing the listing and will remove the listing at anytime; and
- You have not and will not list the same item that you have listed on this website in any other medium whilst your listing is current on this website.
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3.23 |
You as a Seller warrant that you must be bound by the choice you make when setting conditions for the sale and therefore must be careful in your choice before selecting “Submit” Listing, because a Buyer accepts those conditions you set when you selected “Submit” Listing. The shipping conditions you set are an irrevocable offer you are making which you can not resolve. |
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4.1 |
You agree to list the product with a sale price that represents a fair price that equates to the normal selling price or below for that item after having regard to the principle that one unit of the relevant trade currency equals one unit of the relevant country currency (eg: One US ORMITAs equals One equivalent record keeping value to One US Dollar). |
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4.2 |
Sale prices deemed to be excessive by Ormita may be removed at our discretion. |
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4.3 |
By listing an item, you are making an irrevocable offer to sell at your stated price on the Trading System. |
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4.4 |
You accept full responsibility for incorrect or inaccurate listings or for inappropriate listing categorization. E.g. All motor vehicle listings must be placed within one of the Automotive Categories available. |
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4.5 |
If you choose to list adult or mature audience products please be aware they must be listed under an appropriate Adult Category. We reserve the right to censor such products or remove them. |
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4.6 |
You agree not to sell the item that you have listed on the Trading System in any other way during the time of the listing. |
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4.7 |
Accordingly the Seller takes the risk to be liable to the Buyer who has acted in good faith and purchased the item in circumstances where the Seller has breached these rules by listing and/or selling the item for sale elsewhere. |
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4.8 |
You agree not to re-list or sell an item until notified that any outstanding sales have been accepted or declined. |
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4.9 |
You agree not to place multiple listings for the same item if only one item is available. |
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4.10 |
Once the transaction has been made it is your responsibility to directly contact the Buyer immediately after the confirmed purchase to organize to collection of the goods within; 30 days nationally, and 45 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Ormita system. |
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4.11 |
It is the Sellers responsibility to ensure the goods are packaged appropriately and that dispatch documentation is retained for at least 6 months. Please note the limitation of actions for bringing prosecution is normally 7 years, therefore you may wish to keep all documentation longer. |
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4.12 |
If, as the Seller, you have not had contact regarding the pickup or collection of the product within the specified timeframe you may, within 30 days, lodge a dispute notice with your Brokerage (refer to Online Support Centre or the dispute section in the Transaction Policy Trade Rules and Regulations). However you acknowledge it is not up to Ormita to resolve the dispute although Ormita may exercise its discretion according to the Ormita Transaction Policy Rules and Regulations. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. |
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4.13 |
We may delete or refuse to list any or all goods and services at our discretion. |
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4.14 |
The listing may be edited in full by the Seller up until the time it is sold or closed (including closing of the listing). |
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4.15 |
As defined in the members Equity Program, categories of business types are defined to promote equity and liquidity within the network. Although a member may increase the minimum trade percentage defined in the Equity Program. Unless otherwise negotiated directly with Ormita Regional Licensee, all items listed must comply with the Equity program defining the minimum % in ORMITAs and are inclusive of all country taxes, including any Value Added Tax, Sales Tax and Goods and Services Tax etc, applicable upon the sale of an item within the Seller's jurisdiction. The items will not be listed inclusive of any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the Buyer being located in a different jurisdiction to that of the Seller. It is up to the Buyer and Seller to negotiate the payment of these taxes, levies and duties between them. It is strongly recommended that the Seller determines these costs before listing shipping limits Seller to Pay and the Buyer investigates these costs before purchasing an item that states shipping is Buyers responsibility. |
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5.1 |
Purchases are made by the Buyer clicking “Add to Cart” then clicking “Checkout”. You as a Buyer acknowledge that purchases are irrevocable acceptances of the Sellers conditions; therefore a purchase once made is not retractable or able to be cancelled. |
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5.2 |
Buyers are notified by email and/or online of posted purchases, it is your responsibility to directly contact the Seller immediately after the confirmed purchase to organise to receive/pick up the goods within; 30 days nationally, and 45 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Ormita system. |
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5.3 |
If you as the Buyer do not receive the product within the specified timeframe you may, within 60 days, lodge a dispute with your Brokerage (refer to Online Support Centre or the dispute section in the Transaction Policy Trade Rules and Regulations), acknowledging it is not up to Ormita to resolve the dispute. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. |
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5.4 |
As a Buyer you acknowledge:
- The Seller listed the goods inclusive of all country taxes, including any Value Added Tax, Sales Tax and Goods and Services Tax etc, applicable upon the sale of an item within the Seller's jurisdiction.
- The items will not be listed inclusive of any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the Buyer being located in a different jurisdiction to that of the Seller.
- You are aware of the Rules of the Trading System (in particular in respect to the “Equity Program” and of the Buyer Media Usage fees chargeable as defined in the “Fee Schedule”.
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5.5 |
WARRANTY AND INDEMNITY BY YOU AS BUYER
- By making a purchase, you warrant and represent that you have the legal right to enter into and complete the transaction.
- By making purchase, you warrant and represent that at the time of purchase on the Trading System that you will have Sufficient Funds in your Ormita Account and your account has not been suspended or subject to any other restriction which would prejudice your ability to make a purchase and are in all other respects in good standing.
- You as Buyer agree to pay the shipping cost if you place a purchase request where the Seller has made it a condition of the sale.
- You as Buyer warrant and understand that funds deemed to be available by Ormita.
- You as a Buyer agree to negotiate and where relevant pay any additional import/export taxes, levies and duties.
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5.6 |
DELAYED TRANSACTIONS
- A delayed transaction occurs when the Members Trading System is unable to process the transaction automatically, due to the Buyer having Not Sufficient Funds (NSF) to cover the amount of the transactions, incorrect card number, account temporarily suspended from making sales/purchase, outstanding fees or any other reason that may prevent automated processing.
- Both parties, the Buyer and Seller, will receive email notification stating the transaction has been delayed and an outcome will be advised by Ormita in due course. No product should be sent prior to notification that the transaction has been processed.
- All transaction outcomes are advised by email. If the transaction has been processed the email will contain a transaction number.
- No product should be delivered or collected prior to the Seller receiving notification from the eCommerce Administrator of the transaction (including the transaction number) via email. Please read your emails carefully to establish a transaction has been processed.
- In the event that you are unable to obtain your emails or a technical issue as resulted in your being unable to receive email, please check your Current Transaction Activity area of the website, or alternatively, contact your Broker.
- Ormita does not accept responsibility for any transactions that are delayed and end up declining.
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6.1 |
Online Statements is a facility to allow Members access to view current and archived Ormita statements on the Members Trading System. |
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6.2 |
Ormita is not liable for any loss, damage or consequential loss or damage if you use or attempt to access Online Statements. |
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6.3 |
We can suspend your access to Online Statements or any function or service incorporated in Ormita Members Trading System at any time. |
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6.4 |
Information provided by Statements Online is supplied by your National Licensee. Therefore if you have any issues concerning the details, please contact them. |
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6.5 |
Ormita is indemnified against any assumptions that details are correct. |
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6.6 |
General access to Online Statements is prescribed only to Main Account Name, Account Signatory and the Invoice Name Only. |
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6.7 |
Disputed transaction must be within 45 days of the statement date on which the transactions appears (see paragraph 4.9) |
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7.1 |
These conditions only apply to Ormita Mobile Transactions and your use of it, hereafter known as Mobile Phone Banking. |
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7.2 |
Mobile Phone Banking is a facility that uses the Ormita program to conduct balance enquiries and transactions. In using this facility you acknowledge that messages are sent to and from your mobile telephone by third party carriers whose delivery and service are outside the control of Ormita. |
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7.3 |
You as a Member agree that you will be responsible for payment of fees incurred using Mobile Phone Banking including but not limited to:
- Mobile Phone Banking fees,
- Fees for the use of your own mobile phone company; and
- Fees charged, if any, by the Ormita National Licensee
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7.4 |
You acknowledge that you will be responsible for all direct charges billed by your telecommunications company for sending/receiving SMS messages connected with the service. |
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7.5 |
You also acknowledge that the licensee may charge a fee to members in its country as a charge in administering this service. |
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7.6 |
You acknowledge that under no circumstances will companies in the Ormita group be liable for any telephone company or carrier of messages. Members may wish to check that sales have been processed by contacting their Regional or National Ormita office or by going online. |
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7.7 |
While Ormita facilitates the Mobile Phone Banking facility we accept to no liability whatsoever for the use of the product or the business processes adopted regionally in a country by that countries Licensee. |
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7.8 |
In the event of any problems concerning the use of Mobile Phone Banking, interaction with other members or fees incurred, you will need to contact your National Country Licensee directly. Ormita members, therefore, must look to their National Licensee in respect of rights and obligations when using the Mobile Phone Banking facility. |
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7.9 |
In using the Mobile Phone Banking facility, Members are advised to use no less precaution in their commercial dealings than they would if conducting a trade in any other environment or using any other transaction tools. Mobile Phone Banking process offers no form of additional protection to users. It is intended as a benefit to Members in the use of the technology for convenience only. |
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7.10 |
We suggest that Sellers need to maintain proof of sale by obtaining and retaining a signature from the Buyer or some other suitable proof. |
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7.11 |
We suggest that Buyers need to conduct the same levels of due diligence and care in purchasing goods or services by use of the Mobile Phone Banking facility as they would in any other form of transaction. |
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7.12 |
By selecting the ‘send’ button on the mobile phone or submitting the SMS in any other way, the Seller acknowledges the consent of the Buyer to transact funds and that proof of sale and consent can be provided in the event a transaction is disputed. The ‘send’ function is acceptance by the Seller that the funds are being transacted and that this represents a bona fide transaction in line with these Rules of the Trading System. The receipt of a confirmation transaction is not necessarily assured. |
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7.13 |
Transactions processed through Mobile Phone Banking are processed in part through an independent third party service provider to Ormita. Ormita accepts no responsibility for the delivery of service by independent third party service providers to the maximum extent permitted by law. |
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7.14 |
Subject to any responsibilities implied by law and which cannot be excluded, no member of the Ormita Group is liable to you for any losses, damages, liabilities, claims and expenses (including, but not limited to, legal costs and defence or settlement costs) whatsoever arising out of, or referable to, material on the Ormita Web Site or to Third Party material, whether in contract, tort including negligence, statute or otherwise. |
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7.15 |
Mobile Phone Banking and all associated facilities, including SMS notifications, are only an electronic gateway to facilitate the transfer of funds and are not to be used as an invoice, receipt or statement etc. The Seller is responsible to provide the Buyer with an invoice for the goods and or services they provide if applicable. |
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8.1 |
Payments made through the “Pay My Fees” system, are processed through an independent third party service provider to Ormita. Ormita accepts no responsibility for the delivery of service by independent third party service providers to the maximum extent permitted by law. |
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8.2 |
Ormita accepts no liability in respect of such third party services and Ormita provides no warranty and give no endorsement in respect of such services or any party connected with them. We do, however, welcome your feedback or suggestions concerning these services. |
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8.3 |
Cash Fees Due & Payable are derived from current month Opening Cash Balance less current month Payments where, also ensuring that prepayments, charge reversal credits etc are not incorporated into the payments. |
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8.4 |
Ormita accepts no responsibility for errors or if errors are found, kindly contact the Regional or National Ormita licensee. |
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8.5 |
Whilst your credit card will be charged, payments made by Credit Card may not be immediately deducted from the either the amount shown under Cash Fees Due & Payable in the Ormita system, nor will they be deducted from Cash Fees Due and Payable located on the Members Trading System. This may be due to data transfer issues, date in the month or infrastructure issues. Payments will generally be deducted from the amount shown as owing by the National Ormita Licensee on the next working day. |
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8.6 |
We are not responsible for errors made in authorizing deduction against your credit card. If an error is made, contact your local Ormita Licensee or the National Licensee at support@ormita.com in your country. |
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8.7 |
It is your responsibility to check your statement to ensure that the amount being displayed as Cash Fees Due and Payable and the amount being authorized for payment are in accordance with the amount being paid. |
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8.8 |
It is your responsibility to ensure that the details are correct when completing a credit card payment. |
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8.9 |
Subject to any responsibilities implied by law and which cannot be excluded, no member of the Ormita Group is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Ormita Web Site or to Third Party material, whether in contract, tort including negligence, statute or otherwise. |
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8.10 |
We will keep any information (including your Credit Card details) confidential. We will make reasonable efforts to keep any such information about you secure and that any of our employees, agents and in this case, service providers, who have access to information about you do not make unauthorized use, modification, reproduction or disclosure of that information. We will only disclose this information to the extent specifically required by law and as defined in the Ormita Privacy Policy available on the web at www.ormita.com |
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9.1.1 |
You acknowledge that Ormita as the provider of these Website Services may elect to transfer and/or subcontract the management rights or any part or all of the provision of the Website Service to a third party, without notice being sent to Users. |
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9.1.2 |
We are not obliged to notify you of cancellation. If we do notify you we are not obliged to state any reason for your cancellation. |
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9.1.3 |
Ormita retains its discretionary power to reverse or otherwise uphold transactions as defined under these Rules and as defined and included with these Rules in the Transaction Policy Trade Rules and Regulations available online at www.ormita.com |
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9.1.4 |
If we reverse a transaction whether for your default under these Terms and Conditions or the default of the Ormita Licensee in your country of membership or in exercise of our general discretion then we may also require that you pay for the delivery of the goods back to you or the other party (as applicable). |
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9.1.5 |
You acknowledge that a failure to comply with these Terms and Conditions entitles us to suspend and/or terminate your registered user status and/or Exchange Membership. |
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9.3.1 |
You acknowledge that the information contained within this website in respect of goods and/or services offered for sale is provided by parties other than Ormita, and that Ormita does not accept any responsibility for misleading or deceptive information or any omissions or errors in the information provided. |
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9.3.2 |
We do not accept responsibility for any loss or damages, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website or any transaction that occurs as a result of the use of the website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. We offer no warranties in relation to goods or services sold or listed. We also offer no warranty in relation to the availability of the Website Services. |
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9.3.3 |
You acknowledge that we make no representation as to the ownership of title in advertised goods or as to the ability of either a Buyer or Seller to complete a transaction. |
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9.3.4 |
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
a. If the breach relates to goods:
- The replacement of the goods or the supply of equivalent goods
- The repair of such goods
- The payment of the cost of replacing the goods or of acquiring equivalent goods
- The payment of the cost of having the goods repaired
b. If the breach relates to services:
- The supplying of the services again; or
- The payment of the cost of having the services supplied again
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9.3.5 |
We provide a venue to allow Members to offer, sell or buy just about anything, at anytime, from anywhere, in a variety of formats, including eCommerce Listings, and Directories of Members. We are only involved in the actual transaction between the Buyer and Seller as define in the Rules and Policies of the Trading System. Ormita simply provides the venue and the tools to allow for transaction processing, recording and/or assisting trading to occur. |
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9.3.6 |
You must ensure that your access to this website is not illegal or prohibited by any laws which may apply to you, including using another’s name or password without permission. |
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9.3.7 |
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website. |
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9.3.8 |
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. |
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9.3.9 |
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers products and each advertiser is solely responsible for any representations made in connection with its advertisement nor does Ormita guarantee the items being displayed on the member’s personal website are on trade. |
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9.3.10 |
You acknowledge that we do not represent any party to a transaction, nor are we an agent for the Buyer or the Seller. Unless expressly stated to the contrary, we do not endorse or have an interest in the goods which are being sold and we do not accept responsibility for defective goods, including the failure of goods to be of merchantable quality. We have no control over the availability, quality, safety or legality of advertised goods, we do not warrant the truth or accuracy of listings and we have no control over representations made by any party. Members buy and sell at their own risk. |
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9.3.11 |
We are not responsible for any loss whatsoever that a Member may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled outage. |
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9.3.12 |
We are not responsible for any loss whatsoever a Member may suffer including, but not limited to, economic loss, for reliance on Support Centre content, guidelines or comments from Ormita staff. |
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11.1.1 |
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the New Zealand Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions, you may not in any form or by any means, including:
- Adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or
- Commercialize any information, products or services obtained from any part of this web website; without our written permission.
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12.1.1 |
We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control. |
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12.1.2 |
If we waive any rights available to us under this policy on one occasion, this does not mean that those rights will automatically be waived on any other occasion. |
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12.1.3 |
If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from this Agreement and the remaining Terms and Conditions shall nevertheless continue in full force. |
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12.1.4 |
If any Terms and Conditions of this Agreement together with the Rules, Membership Agreement Trade Rules and Regulations of the country where your membership is held (as applicable) and any Policies published on this website or the website in use becomes invalid or unenforceable for any reason, then that invalidity or unenforceability will not affect the validity or enforceability of any of the other separate and independent clauses, covenants and restraints in the aforementioned agreements. |
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12.1.5 |
You agree that you will only use the website and the information derived from the website solely for the legitimate purposes contemplated by these Terms and Conditions and in accordance with these Terms and Conditions. |
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12.1.6 |
In addition to these Terms and Conditions, You agree to comply with any policies, rulings, procedures, systems and/or forms that we place on this website. |
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12.1.7 |
You agree to act honestly and reasonably in all of your dealings in relation to, or on, the website. |
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12.4.1 |
In these Terms and Conditions, the following expressions have the following meanings, unless the context otherwise requires:
- “Ormita Limited”, “Ormita (Country Name) Limited”, “Ormita Limited”, “Ormita.com” and “Ormita” means Ormita Limited and its officers, employees, licencees agents and authorized entities (including Ormita Interantional and its officers, employees, licencees and agents of any controlled subsidiary).
- “Ormita Licensee” means the entity that operates the Ormita System within a particular jurisdiction.
- An “Outstanding” transaction, one where the transaction is being reviewed, is not deemed to be “Closed” or “Posted”.
- “eCommerce Administrator” means the administrator of the Members Trading System, Global Public Website and/or any other Ormita operated website.
- “Broker’ means an Trade Coordinator.
- “Good Standing” means a Participant or Member who complies with the current Rules and any other agreements in effect with Ormita, who is current in the payment of any cash or ORMITAs Dollars owing to Ormita, who has a valid Participant account, and is trading within its Credit Limit is a "Participant in Good Standing". Only Participants in Good Standing are entitled to the services of Ormita and the Exchange.
- “Member” or “Participant” means a business or individual that has subscribed for membership to the Ormita Trading System and wants to exchange its goods and/or services with other Members within the Ormita Trading System. This is irrespective of the country of origin.
- “Members Trading System” means an online application that provides facilities for Ormita Members. The Members Trading System enables distribution of information, transactions to be undertaken and details to be managed.
- “Policies” means policies published within the Active Policies section of the Support Centre Knowledge Base as updated from time to time. These policies form part of these Terms and Conditions.
- “Registered User” and “Registered Users” means a Member of the Ormita Trading System, irrespective of their country of origin, who is in Good Standing and who has completed the registration process provided within this or other Ormita websites.
- “Related Parties” means any related parties and/or related accounts to you (whether by ownership, influence or control, whether directly or indirectly, whether in the same region or in other regions globally) and any persons using cards issued under or in relation to those accounts (including staff accounts).
- “Rules” means the Ormita Rules of the Trading System.
- “Sufficient Funds” means that the current balance of your Ormita account, less any outstanding purchases and including your approved Credit Limit, exceeds the amount required to complete the purchase transaction.
- “Trading System” means the Ormita Trading System that enables Members to trade with each other using the Ormita System.
- “We”, “us”, “our” and “Ormita” means Ormita Limited, all companies within its group, any relevant manager or contractor appointed by Ormita and the licensed Ormita operation in your country of membership and any agent or sub-licensed operation (as applicable).
- “Website Services” means any and all services provided electronically by Ormita.
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