THIS GENERAL TERMS OF SERVICE AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES, SO PLEASE READ IT CAREFULLY.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Orcha Dash Limited (Orcha Dash) and you, and is effective upon your use of this website (“Site”) or the date of your electronic acceptance. This Agreement sets forth the general terms and conditions applicable to your use of the Webpage and the products and services bought or made accessible through this Site (individually and collectively, the “Services”), and is in addition to (and not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site, or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signify that you have read, understood, acknowledged, and consented to be bound by this Agreement, as well as the following policies and the applicable product agreements, which can be found on this website.
“we,” “us,” and “our” will refer to Orcha Dash. The words “you”, “your”, “User”, and “customer” refer to any person or entity that accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement confers any rights or advantages to a third party.
Orcha Dash may, in its sole and absolute discretion, update or modify this Agreement and any integrated policies or agreements at any time, and such changes or modifications shall become effective immediately upon posting on this Site. Your use of this Site or the Services following the implementation of such changes or revisions constitutes your acceptance of this Agreement in its most recent form. Do not use (or continue to use) this Site or the Services if you do not agree to be bound by this Agreement in its most recent form. Additionally, Orcha Dash may sometimes notify you through email of amendments to this Agreement. Therefore, it is imperative that you maintain accurate information in your customer account (“Account”). Orcha Dash undertakes no obligation or duty in the event that you do not get an email notification due to an incorrect email address.
This Site and the Services are only available to Users who may create legally binding contracts in accordance with relevant law. By using this Site or the Services, you consent that you are I at least eighteen (18) years old, (ii) otherwise recognised as having the capacity to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporation, you represent and warrant that you have the legal capacity to bind that corporation to this Agreement’s terms and conditions; in such instance, the terms “you”, “your”, “User”, and “customer” shall relate to that corporation. If, following your electronic acceptance of this Agreement, Orcha Dash discovers that you do not have the legal power to bind the entity to this Agreement, including the payment requirements, you will be fully accountable for such responsibilities. Orcha Dash is not responsible for any loss or harm resulting from Orcha Dash’s reliance on any instruction, notification, document, or communication that Orcha Dash reasonably believed to be authentic and emanating from an authorised representative of your business. Orcha Dash maintains the right (but assumes no obligation) to request additional verification from you if there is reasonable question about the validity of any such instruction, notification, document, or communication. You also agree to be bound by the provisions of this Agreement for transactions conducted by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not permitted by you.
Accounts. To access certain features of this website or to utilise certain services, you must establish an account. You represent and warrant to Orcha Dash that any information you provide when creating your Account is accurate, current, and complete, and that you will maintain the accuracy, currency, and completeness of your Account information. If Orcha Dash has reason to suspect that your Account information is incorrect, inaccurate, out-of-date, or incomplete, Orcha Dash retains the right to suspend or terminate your Account at its sole and absolute discretion. You are entirely responsible for any activity that occurs on your Account, whether permitted by you or not, and you must keep your Account information safe, including your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security considerations, Orcha Dash suggests that you change your password and shopper PIN for each Account at least once every six (6) months. You shall promptly tell Orcha Dash of any security breach or unauthorised use of your Account. Orcha Dash is not responsible for any loss you sustain as a result of unauthorised access to your Account. You may be responsible for any damage Orcha Dash or others experience due to your Account, regardless of whether the loss was caused by you, an authorised user, or an unauthorised user.
Transfer of Information Abroad If you use this Site from a location other than the one in which our servers are physically located, your communications with us may result in the transmission of information (including your Account information) over international boundaries. By using our website and communicating with us online, you agree to these transfers.
Subject to the terms and conditions of this Agreement and our other rules and procedures, we will use commercially reasonable efforts to make this Site and the Services available twenty-four (24) hours a day, seven (7) days a week. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason, including, but not limited to, equipment damage; servicing, repairs or substitutions that we perform from time to time; or causes beyond our immediate control or that are not reasonably predictable, including, but not limited to, disruptions or failure of telephony or digital transmission links, hostile network attacks, network congestion; or causes beyond our immediate control or that are not objectively reasonable, which include, but not limited to, disruptions or You recognise and accept that we have no control over the continuous or uninterrupted availability of this Site or the Service, and that we assume no obligation to you or any other person in this regard.
You recognise and agree that you possess all essential rights and permissions to disclose with Orcha Dash any information required to offer the Services. You realise and agree that independent contractors or third-party service providers may supply the Services.
You recognise and concur that:
1. This Agreement and all applicable local, state, national, and international laws, rules, and regulations shall govern your use of this Site and the Services, including any material you provide.
2. You will not collect or harvest (or allow others to collect or harvest) any User Content (as defined below) or non-public or identifying information information about that other User or other member with their express prior written approval.
3. You will not use this Site or the Services (as defined by Orcha Dash in its sole and absolute discretion) in a way that:
4. You will not reproduce or distribute in any way any portion of this website or the services without Orcha Dash’s written permission.
5. You shall not change or alter any portion of this Site, its Services, or any of its associated technologies.
6. You will not access Orcha Dash Content (as defined below) or User Content using any technology or means other than this Site or as designated by Orcha Dash.
7. Without Orcha Dash’s express prior written authorization, you will not resell or distribute the Services for commercial purposes, including any of Orcha Dash’s associated technologies.
8. You agree to produce a government-issued picture ID and/or government-issued business ID, as necessary for identity verification, as requested.
9. You are aware that Orcha Dash may contact you from time to time regarding your account, and that you have no reasonable expectation of privacy during such calls; in fact, you consent to allow Orcha Dash, at its sole discretion, to record the entirety of such calls, regardless of whether Orcha Dash asks you on any particular call for consent to record such call. You additionally recognise and agree that any such recording(s) may be submitted as evidence in any legal process to which Orcha Dash is a party, to the extent authorised by applicable law.
Orcha Dash maintains the right to modify, alter, or cancel any component of this website or the services at any time, including, but not limited to, prices and fees.
Orcha Dash explicitly retains the right to deny, cancel, revoke, suspend, lock, or alter access to (or control of) any Account or Services for any reason, including, but not limited to: I to rectify errors made by Orcha Dash when providing or delivering any Services (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national, and international laws, rules, and regulations, (v) to comply with law enforcement requests, including subpoena requests, (vi) to comply with any dispute resolution process, and (vii) to defend any legal action or threatened legal action.
Orcha Dash explicitly retains the right to monitor every Account for excessive space and bandwidth usage, and to cancel or assess extra costs to those Accounts that exceed the permitted amounts.
Orcha Dash explicitly maintains the right to cancel, without prior notice, any Services you use to harass or threaten Orcha Dash or any of its employees.
This Site and its Services may contain links to websites not owned or controlled by Orcha Dash. Orcha Dash is not responsible for the content, terms and conditions, or privacy policies of any third-party websites. Moreover, Orcha Dash does not modify or censor the content of any third-party websites. By utilising this website and its services, you expressly absolve Orcha Dash of all liability stemming from your use of any third-party website.
Therefore, Orcha Dash advises you to be mindful when you leave this Site or its Services and to study the terms and conditions, privacy policies, and other governing documents of each website you visit.
ORCHA DASH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, Punishment, OR CONSEQUENTIAL Harm WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMP (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH Backlinks, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE (IV) ANY TYPE OF PERSONAL INJURY OR PROPERTY DAMAGE, (V) CONDUCT OF THIRD PARTIES OF ANY NATURE Whatever, (VI) ANY UNAUTHORIZED Entry TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL DATA, FINANCIAL DATA, OR OTHER INFORMATION AND DATA Contained THEREIN, (VII) ANY INTERRUPTION OR Closure OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE (THROUGH Backlinks, BANNER ADVERTISING OR OTHERWISE), (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE (THROUGH Backlinks, BANNER ADVERTISING OR OTHERWISE), (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HAR
ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
ADDITIONALLY, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Orcha Dash’s TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE Fullest PERMITTED BY LAW, AND SHALL SURVIVE ANY Dismissal OR EXPIRATION OF THIS AGREEMENT, AS WELL AS YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify, and hold Orcha Dash and its officers, directors, workers, agents, and third-party service providers harmless from and against any and all claims, demands, costs, expenditure, losses, liabilities, and destruction of all kind and essence (including, without limitation, sensible attorneys’ fees) imposed upon or encountered by Orcha Dash directly or indirectly arising from I your use of and access to this Site or the Services found at this Site; or (ii) your violation The indemnification obligations outlined in this section shall survive any termination or expiration of this Agreement, as well as your use of this Site or the Services available on this Site.
This Agreement shall be binding and in the best interests of the parties. This Agreement confers no rights or advantages on other parties unless they are the respective heirs, successors, or assigns of the parties to this agreement.
Orcha Dash makes no claim or assurance that the content accessible on this Site or the Services offered at this Site are appropriate in every region or jurisdiction, and access from countries or jurisdictions where its content is unlawful is banned. Users are responsible for complying with any local laws, rules, and regulations if they choose to access this website or its services.
The names and headers of this Agreement are for reference purposes only and shall not be used to construe or interpret the parties’ agreement as otherwise set out in this document. Each covenant and agreement in this Agreement must be considered a distinct and independent covenant or agreement for all purposes. If a court of competent jurisdiction finds any provision (or portion of a provision) of this Agreement to be unlawful, invalid, or otherwise unenforceable, the other provisions (or sections of provisions) shall be deemed valid and enforceable to the maximum extent permitted by law.