On-line Terms & Conditions and Privacy Policies

Website Terms & Conditions

Orb Communications Limited (Orb) welcomes you to this website.  By viewing the pages of this website, you acknowledge that you have read and accepted these terms and conditions.

The information provided in this site is based on information supplied by Orb (unless otherwise specified), and is intended only as an introduction and guide to Orb and its range of available products and services.

While every endeavour has been made to supply accurate information, errors and omissions may occur.   Accordingly, Orb does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site.  Changes or updates to the content of this site may occur without notice.

Conflict with other terms and conditions

These terms and conditions apply to your use of this site. In addition, when purchasing products or services through this site you will be required to agree to certain additional terms and conditions. If there is any inconsistency between such additional terms and conditions and these terms and conditions, then the additional terms and conditions will prevail to the extent of that inconsistency.

Acceptance of order by Orb Communications

Any time you order a product or service from Orb online, you are making an offer to Orb to purchase that product or service. Orb may accept or decline that offer in its sole and absolute discretion. Notwithstanding that Orb may process payment for an order, an order will not be considered accepted until Orb dispatches the product or supplies the service.
If Orb is unable to fulfil an order due to whatever reason ;  out of stock, ability to deliver to that location etc, the customer will be notified and the card holders credit card will be credited with the full value of the transaction in as a short a timeframe as possible.

Your use of this site

You must not use this site or its contents:

• In breach of any legislation or for any unlawful act
• To damage or disrupt this site or any other Orb website

Intellectual Property

Orb owns all copyright and all other intellectual property rights in this site. Everything on this site is copyrighted unless otherwise noted. Orb welcomes the use of this site for your non-commercial use only provided that you do not remove any copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without Orb's express permission.

Links

The sites linked to this site are not under the control of Orb.  Orb is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Orb provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Orb of the linked site.

In accordance with Internet protocol, we require that you request the permission of Orb to link to this site.  If you would like to link to the site please contact us.

Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of New Zealand.

Online Conditions of Sale

Age and Residency

To use the Orb Communications Website to purchase Products you must be:

• 18 years or over; and
• A New Zealand resident and located in New Zealand.

Provision of Information

When you use the Website to purchase any Products you will be required to provide certain information. You agree and warrant that:

• You will not use any false identities or personas and must provide us with your full legal name and current details;
• All information provided by you will be true and correct in all respects at the time it is given;
• You are responsible for ensuring that all information which is necessary to process any uncompleted sale transaction is kept up to date at all times, and will provide details of any changes to Orb

Ongoing use of Website

Your use of the Website is subject to ongoing vetting and authorisation by Orb, and we reserve the right to suspend your use of the Website or ban you from using the Website at any time for any reason. Without limiting the circumstances in which we may take such action, we may do so if you commit any breach of these terms and conditions, if you are bankrupt or insolvent, if you commit any crime in the course of using the Website or if we receive any complaints about your use of the Website.

Security

You will have sole responsibility for keeping your login information (including your user name, email address and password) confidential and secure and you agree:

• Not to permit any other person to use your user name; and
• Not to disclose, or provide to any other person, your user name, email address or password.

Buyer Obligations for Sale Transactions

The following specific requirements apply regarding sale transactions:

• Orders for Products may not be retracted once placed. By placing an order, you warrant and represent that you have the legal right to enter into the sale transaction;.

Payment

Orb operates a credit card payment mechanism to enable you to make payment for all sales of Products - using MasterCard and Visa only.

• Your credit card details will be captured and credited at the time you place an order for an advertised Product.
• If Orb is unable to supply the product for whatever reason we will refund the money in full within a reasonable time frame.
• Payment for all sale transactions must be made by credit card.  No other payment method may be used.
   

Credit Card Payment Security

Your personal details and credit card information are entered into a secure online form protected by the latest SSL-certified 128 bit encryption. Your card is validated using a secure link to a bank-supported DPS system.

Orb does not distribute your card information. All transactions are subject to our privacy policy.

Delivery & Returns Policy

Deliveries

Orb Communications offer the following delivery options for all on-line purchases:

• Collect from your nearest Orb Store
• Local Delivery for $5
• Rural Delivery for $10

Orb will endeavour to undertake all deliveries within 48 hours, if there is a delay Orb will make contact via telephone or email.

Out of Stock Items

Orb will make every endeavour to complete each transaction, but there may be times where products become unavailable due to suppliers being out of stock. 

In this instance the transaction will not be completed and you will be contacted to see if you would like to proceed with one of the following options:

• Continue with the transaction when the product becomes available
• Substitute the product for another model
• Cancel the order and recieve a full refund

If you are unhappy with your on-line purchase you can return the product within 48 hours as long as the original packaging remains unopened.

Orb Privacy Policy

Your Privacy

Orb Communications collects and retains personal information about you as a result of you using our Website and participating in sale transactions. This personal information is used for the following purposes:

To operate and administer the Website and give effect to all transactions and matters arising from your use of the website;

To analyse use of the Website and provide reports on Website usage

To improve the Website;

To communicate with you for any purpose relating to your use of the Website

 
Privacy Act

Personal information collected from or about you for the above purposes will be retained by Orb Communications in its database at its Head Office at Level 1, 214 Karangahape Rd, PO Box 68-146, Newton, Auckland, Ph: 09 358 0031, Fax: 09 358 0032

You have the right to access any personal information and to correct or delete any personal information from the database. You can do this by sending an email request to info@orb.co.nz

Ownership of Information and Data

Subject to the preceding paragraph, all information and data collected by us in the course of operating the Website (including all information relating to users of the Website, transactions on the Website and Website statistics) will be owned by Orb Communications to the extend such information is capable of being owned and is not owned by another party at the time of collection or generation by us
 

On-line Competitions - Terms & Conditions

By entering Orb competitions you accept the following conditions of entry and agree to follow all instructions on how to enter:

• The prize(s) are detailed on the entry page for each relevant competition.
• Only people living in New Zealand are eligible to enter the competition.
• Employees of Orb Communications & Telecom are ineligible to enter the competition.
• If there is a skill question you must answer as part of your entry to the competition, you must correctly answer the question in order to go into the draw for the prize(s).
• You can only enter once. Only one entry from each email address will be accepted.
• Incomplete entries are not valid. Entries must be received by the time and date detailed on the entry page.
• A competition winner will be drawn within a week of the promotional closing date as detailed on the entry page.
• Winner will be notified using the contact details provided as part of the winner's entry.
• Orb is entitled to use the names of the winner(s) and, where available, their photograph for promotional purposes after the draw, including for display on the Orb website.
• Prizes are not transferable or redeemable. Decisions - e.g. the prize winners selected - will be final and no correspondence will be entered into. The winner will not be entitled to the prize if the winner is ineligible.
• All entries become the property of Orb Communications Ltd. Orb is not responsible for any lost, late, incorrect or misdirected entries.
• It is a condition of entry that prize winners agree to the use of their name and photograph for promotional purposes.
• If a prize is or includes travel, the prize winners are responsible for obtaining (at their own cost) any insurance, passports, visas and entry permits (as applicable) and anything else necessary to benefit from the prize. Travel must be completed within the timing detailed on the entry page. Some flight routings may not be available.
• Flights are subject to availability. If you are younger than 18 years old, Orb may request written consent from one of your parents or guardian.
• By entering this competition, you agree to Orb using your information to keep you informed about its products, services and promotions.
• The winners acknowledge that, to the extent permitted by law, Orb accepts no responsibility or liability for any harm, damage or illness or injury, which may occur as a result of the winner winning the prize and the winner accepts and uses the prize at his or her own risk.

Email Marketing Policy

Orb Communications runs an ongoing email marketing programme, with the assistance of SmartMail, a permission-based email marketing solutions supplier many leading New Zealand and International-based organisations.

SmartMail is a responsible email service provider and as such we abide and hold our clients to the following principles:

• "Permission" means that informed consent has been given
• Permission must be respected and honoured and may be withdrawn by a subscriber at anytime
• If Permission is withdrawn no further marketing communication may be sent to the subscriber

All SmartMail clients, including Orb Communications, must enter into a service agreement with SmartMail agreeing to comply with a permission marketing best-practices and all laws related to unsolicited email (SPAM). SmartMail thoroughly investigates any complaint that suggests a client is delivering unsolicited commercial email and will terminate their account should they be in breach of the service agreement.

How do I unsubscribe ("opt-out") from email marketing communications?

There are two ways to unsubscribe to any email message:

• Follow the unsubscribe instructions in the email
• By phone or in writing using the contact details contained in the message

If you have difficulty unsubscribing from an email campaign using any of the methods above please call us on 0800 ORB COM (0800 672 266).

How do I file a complaint?

If you feel that your email address has been used without your permission and contacting the sender has not yielded satisfactory results you can issue a formal complaint by emailing abuse@smartmail.co.nz

If you have any comments on our Permission Marketing Policy or would like to receive additional information about SmartMail or our services, please contact inquiries@smartmail.co.nz