1. Introduction

These terms of service (“Agreement”) set forth the general terms and conditions of your use of the https://orata.io Website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and (“we”, “us” or “our”) about our downloaded digital products and the material contained therein. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and ORATA LTD even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services. You are immediately enrolled in our privacy policy when you make an account on our website, and you are also automatically enrolled in our terms and conditions when you purchase a subscription with us. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms of Service, then you are prohibited from using the Site, Mobile Application and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.

2. Information about Us

ORATA LTD with Company number 12019287 and registered office address at 99 Western Road, Lewes, England, BN7 1RS is located in the United Kingdom. We sell digital products on our platform (Services). These are the terms on which we provide our services to you. By using our Services, you agree to be bound by these Terms of Service.

3. Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration

4. Use and License

When you buy one of our products, we provide you with a non-exclusive, non-sub licensable, non-transferable licence to download and use that product for your own individual use and reference. You acknowledge and agree that you will not use or authorise the use of, any product for any purpose other than the aforementioned. To prevent ambiguity, you agree not to duplicate, resell, sublicense, rent out, share, or otherwise distribute any of our goods, whether modified or not, to any third party. You agree not to use any of our goods in any manner that might be harmful to us or harm our reputation.

5. Purchases

If you wish to purchase our products made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

6. Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ORATA LTD cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the support@orata.io customer support team. A valid payment method is required to process the payment for your subscription. You shall provide ORATA LTD with accurate and complete billing information that may include but is not limited to full name, address, state, postal code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize ORATA LTD to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, ORATA LTD reserves the right to terminate your access to the Service with immediate effect. All monthly payments billed will not be refunded if you decide to cancel mid-month and the same goes for annual if you cancel mid-year there will not be any refund and the subscription will be alive for the remaining contract period

7. Renewals

On the expiry of each Subscribed Service Period, the Subscribed Services shall continue and automatically renew for further consecutive periods of the same duration as the initial Subscribed Service Period (each a Renewal). If either party does not wish for the Subscribed Services to renew it may cause the Subscribed Service to expire by notice provided such notice is served at least 28 days prior to the next Renewal commencing. If notice is not served within the timeframes set out in this clause, the Subscribed Service shall renew in accordance with the Renewal clause above.

8. Fee Changes

ORATA LTD in its sole discretion and at any time may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. ORATA LTD will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. Chargebacks and Refunds

Once you download our products, you are automatically the owner of the products purchased. We do not offer refunds for most of our digital and downloadable products, in accordance with our return policy. However, we do offer a refund for our REI Vanatge Wholesale System within 30 days of purchase, minus the non-refundable setup fee. As a result, you are not permitted to cancel the contract or transaction for most of our products once you have purchased a subscription with us. When you buy our products, you agree and confirm your understanding that you will lose your right to withdraw, ask for a refund, and initiate chargebacks for most of our digital and downloadable products. 

10. Accuracy of information

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website should be taken to indicate that all information in the Services has been modified or updated.

11. Third-party services

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content. If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms of service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such services. You irrevocably waive any claim against ORATA LTD with respect to such other services. ORATA LTD is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting ORATA LTD to disclose your data as necessary to facilitate the use or enablement of such other services.

12. Backups

We are not responsible for the content residing on our website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

13. Advertisements

During your use of our website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the website, Mobile Application and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. 

14. Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the website, Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the website and Services for violating any of the prohibited uses.

15. Intellectual property rights

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ORATA LTD and its licensors. The website and services we provide are protected by copyright, trademark, and other laws of the United Kingdom. Our trademarks may not be used in connection with any product or service without the prior written consent of ORATA LTD. “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ORATA LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ORATA LTD. All trademarks, service marks, graphics and logos used in connection with the website, Mobile Application and Services, are trademarks or registered trademarks of ORATA LTD or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of ORATA LTD or third-party trademarks. You agree that you will not claim or seek to claim ownership of any intellectual property rights or copyright in the product under any circumstances.  

16. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions  

17. Disclaimer of warranty

You agree that our website is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the website or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. Limitation of liability

We go to great lengths to guarantee that our products are correct, authoritative, and suitable for our customers’ needs. Nevertheless, we accept no liability for the product’s suitability, and we make no explicit, implied, or statutory claims about its performance or usage, including, without limitation, any warranties of merchantability or fitness for a specific purpose. To the fullest extent permitted by applicable law, in no event will ORATA LTD its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. These terms and conditions/terms of service represent the complete agreement and understanding between you and us regarding the delivery of downloaded digital products, and they replace all earlier agreements, whether written, oral, inferred, or otherwise. Our failure to exercise or implement any right(s) under these terms shall not be construed as a waiver of that right(s) or as a bar to the exercise or enforcement of that right(s) at any time(s) afterwards, as a waiver of another, or as a continuous waiver. You acknowledge that monetary damages may not be an adequate remedy for the loss we may suffer as a result of your violation of these terms and conditions and that we will be obliged to seek injunctive action to enforce our rights under these terms and conditions. The unenforceability of any one provision of these terms and conditions has no bearing on the enforcement of any other provision.

19. Indemnification

You agree to indemnify and hold ORATA LTD and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, costs including reasonable solicitor’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them arising out of your breach of these terms and conditions, your use of the Website and Services or any wilful misconduct on your part.   20 Severability All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

21. Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement  22 Assignment You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

23. Communications

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. For contractual purposes, you (a) consent to receive communications from ORATA LTD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ORATA LTD provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in hard copywriting. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@orata.io. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means 

24. Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website, and Services after any such changes shall constitute your consent to such changes.

25. Privacy Policy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. Both Users of our website/App and Us shall comply with all requirements of the Data Protection Legislation. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://orata.io/privacy/) and cookies policy (https://orata.io/ cookie).  For the purposes of these Terms of Service:

679. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679. c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing services to you. Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing the products to you, we will comply with our obligations imposed by the Data Protection Laws:

1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
2. we will only Process Personal Data for the purposes identified;
3. we will respect your rights in relation to your Personal Data; and d. we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can e-mail support@orata.io.

26. Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services.  27 Contacting us If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website or by email:  support@orata.io  This document was last updated on March 13, 2022