Terms & Conditions

The following terms and conditions govern all use of the orbital8.com.au website (the "Site") and all content, services, and products available at or through the Site. The Site is owned and operated by Orbital8 Pty Ltd (ABN 43 140 938 781) ("Orbital8"). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Orbital8 Privacy Policy) and procedures that may be published from time to time on this Site by Orbital8 (collectively the "Agreement").

Please read these terms & conditions carefully before accessing or using the Site. By accessing or using any part of the Site or its contents, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions of this agreement, then you may not access the Site or use any services.

Copyright

All content and material on this Site, including, but not limited to, the design, text, graphics, pictures, sound files, and other files, and the selection and arrangement (the "Materials") thereof are copyrighted, all rights reserved, by Orbital8 and/or its suppliers or licensors.

Except where necessary for viewing the Materials on this Site on your personal computer, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or this Agreement, no Materials on this Site may be reproduced, adapted, distributed, broadcast, or transmitted in any form, by any process without the specific written consent of Orbital8.

Copyright Complaints

As Orbital8 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by this Site violates your copyright, you are encouraged to notify Orbital8. Orbital8 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Linking

Please contact Orbital8 if you would like to place a link to any part of this Site on your own website.

Disclaimers

The Site is provided "as is". Orbital8 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringment. Neither Orbital8 nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Site at your own discretion and risk.

Certain links and content on this Site lead to and/or are maintained by third parties over whom we have no control. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such resources, content, and websites.

Limitation of Liability

In no event will Orbital8, or its suppliers or licensors, be held liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Orbital8 under this agreement during the twelve (12) month period prior to the cause of action. Orbital8 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Jurisdiction

Unless expressly agreed in writing otherwise, the law applicable to this Agreement and any disputes arising out of it is the law of the State of Victoria, Australia.

Severability

If any privision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be construed to reflect the parties' original intent, and the remaining provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Variation

This Agreement is the current agreement concerning the terms of use of this Site. It replaces any other Agreement for the Site published to date. Orbital8 may at any time vary this Agreement by publishing the varied agreement on the Site. You accept that by doing this, Orbital8 has provided you with sufficient notice of the variation.

Orbital8 reserves any rights not expressly granted in this Agreement.

Social Media

Social media content, including but not limited to, Facebook, Twitter, LinkedIn, FlickR and YouTube ("Sites") are intended to convey information about Orbital8's products and services. Orbital8 does not control, endorse, nor may it be held responsible for third party content appearing on these Sites. Orbital8 makes no respresentations regarding the accuracy of content, information, opinions, claims, or advice appearing on these Sites.

Payments

Where you have entered into a contract with Orbital8 for the provision of services (the "Services"), you are reponsible for paying all fees, and applicable taxes associated with the provision of these Services in a timely manner, with a valid payment method. You authorise Orbital8 to charge your credit card, debit card, or financial institution account (herein "Payment Method") for all charges incurred by Orbital8 during the provision of the Services in accordance with our agreement with you. These charges become due once we have submitted an invoice to you outlining the amount you are required to pay.

When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorise us to collect and store it, along with other related transaction information. You authorise us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.

You acknowledge that any credit card and related billing and payment information that you provide to Orbital8 may be shared by Orbital8 with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, and effecting payment to Orbital8. If you pay by credit card or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the value of the agreed Services. We will bill your card to obtain a deposit, and at the time of delivery of the Services, or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You agree to pay Orbital8 all charges incurred under our agreement with you. If you elect to pay by credit card, or debit card, an additional surcharge will be charged to cover our costs that will appear on your invoice.

If your Payment Method fails or your account is past due,

  1. you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
  2. Orbital8 may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us)

Except as required by law, all fees charged under an agreement you have entered into with Orbital8, are non-refundable. You agree to submit any disputes regarding any charges to your account in writing to Orbital8 within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.