Orion welcomes you to our website and online services portal. By using this website and portal, together the Website, you are deemed to accept these Terms of Use. Orion may modify these Terms of Use at any time and by continuing to use the website after a change to the Terms of Use has been posted you will be deemed to agree to the change of Terms of Use.
Disclaimers
- The information on this Website is for your general information only. While the information and content contained on this Website is periodically updated and we have endeavoured to ensure that the material on this Website is free from error, it is subject to change at any time. We give no guarantee or warranty that the information provided on this Website is correct, adequate, complete, up-to-date or suitable for any particular purpose.
- You acknowledge that your use of this Website and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Orion and its service providers do not guarantee access to this Website or the content on this Website, or that your access will be uninterrupted, timely, and secure, or error or fault free, or that this Website or the server that makes it available is free of any virus or other harmful elements. Orion may modify, suspend or discontinue all or part of this Website at any time, with or without notice.
- While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
- If you post information (including personal information) on any message board or social media channels on or through this Website, you acknowledge and agree that the information posted is publicly available.
Liability
You use this website and the content on this Website at your own risk. To the maximum extent permitted by law:
(a) all warranties, representations and guarantees in relation to this Website and its content (whether expressed, implied or statutory) are excluded; and
(b) except to the extent stated in these Terms of Use or otherwise agreed in writing, Orion is not responsible for, and expressly disclaims all liability for, any damage, losses, costs or expenses of any kind, suffered or incurred by you, in connection with any use of (or any inability to use) this Website, or reference to, or reliance on, any information contained on this Website, or any other website that is linked to this Website, or these Terms of Use (whether in contract, tort (including negligence) or otherwise).
To the extent that our liability cannot be excluded, our total liability for any loss or damage you suffer or incur in connection with any use of (or any inability to use) this Website, or reference to, or reliance on, any information contained on this Website, or any other website that is linked to this Website, or these Terms of Use (whether in contract, tort (including negligence) or otherwise) will not in any circumstances exceed NZD$10.
Orion and you agree that where you are accessing this Website for the purposes of trade, having regard to all relevant circumstances, it is fair and reasonable that (i) the Consumer Guarantees Act 1993 and (ii) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to such access to the extent permitted by law.
Indemnity
As far as permitted by law and without limiting any other rights we may have under these Terms of Use or at law, you agree to indemnify us against all damage, losses (including, without limitation, indirect losses or consequential damages of any kind), costs, expenses and liabilities of any kind, that we suffer or reasonably incur in connection with any third party claim made or brought against us (whether in contract, tort (including negligence) or otherwise), where the claim is wholly or partly attributable to your breach of these Terms of Use. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these Terms of Use, or unlawful conduct.
Online Services Portal
Signing Up
To use the Online Services Portal, you must complete the sign-up process in the Online Services Portal. If you are signing up in the name of an organisation or on behalf of another person, you personally undertake that you have the authority to accept these Terms of Use on behalf of the organisation or that person. You agree that these Terms of Use apply between you and us only and that Orion has no responsibility to any person other than you, the account holder. Nothing in these Terms of Use confers a right or benefit on any other person.
You undertake that all information you provide will be true, accurate and correct and you agree to update us promptly if any of that information changes or is otherwise inaccurate or misleading.
When you sign up to the Online Services Portal you must choose a username and password which must be used whenever requested. The username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password. You must not disclose them to any third party. You agree that you are solely responsible for any use of the Online Services Portal by any person using your username and password. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your account. You agree to indemnify Orion against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
User content
Where you upload any information or material to the Online Services Portal (User Content) you give us and our contractors and agents permission to store, copy, modify and distribute that User Content as required to operate, maintain and develop Orion’s business, including:
- to provide any services to you;
- to assist you in applying for a consent or new connection in respect of Orion’s network; or
- to assist you in subscribing to an installation control point (ICP) number using your property address.
Where you upload User Content to the Online Services Portal, you undertake that:
- the User Content does not infringe any third party intellectual property rights;
- we do not need to obtain any further licence, right or permission from a third party to deal with the User Content as permitted above;
- the User Content complies with all applicable laws;
- the User Content is true, accurate and correct; and
- where the User Content relates or belongs to another person, you have obtained all necessary consents and authorisations from that person to use and upload that User Content.
We do not review or control User Content and are not responsible for its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on User Content by you, us and any third parties.
We may choose to delete or block User Content at any time, with or without giving any reason, where we consider it necessary to comply with the law or to protect ourselves or others from harm or loss.
We may also disclose User Content to others where we reasonably consider it necessary to comply with law or for any of the reasons set out above. Any disclosure of personal information will be governed by our Privacy Statement (see the Privacy section below).
Closing your account
We can close your account at any time, with or without reason, by giving 14 days’ notice to the contact email address listed in your account.
We can close your account at any time with or without giving you notice, if you breach these Terms of Use and we reasonably consider that the breach (alone or together with any past breaches) exposes us to a cost or risk of some kind, or may have a negative impact on us or our services or systems. Any obligations, rights or remedies set out in these Terms of Use which are intended to survive closure of your account will survive and continue indefinitely.
Communication
You acknowledge and agree that by providing us with your email address, we may send you commercial electronic messages regarding our Website and/or special offers or promotional information about services that we think might be of interest to you. You may unsubscribe from such emails at any time by clicking the “Unsubscribe” link included in any of the emails.
Online Payments
You can make certain payments online through our Website for your personal and/or internal business purposes (for example, in relation to a connection to the Orion network). In addition to the other terms in these Terms of Use, all such transactions are subject to the below terms.
Making online payments
You may make payments online using a credit or debit card. A transaction fee will be charged when paying by credit or debit card. You are responsible for any merchant surcharges or other fees charged by your bank.
On request to Orion and at Orion’s discretion, you may pay any amounts by direct bank transfer to the bank account nominated by Orion.
All credit/debit card payments are processed, managed and completed by a secured and trusted third-party vendor, Windcave.
Windcave is compliant with PCI DSS (Payment Card Industry Data Security Standards) and evidence of compliance is available on their website (https://www.windcave.com).
Orion does not store your credit or debit card details.
Security
Online payments are provided through a secure website. However, you acknowledge and agree that internet transmissions are never entirely secure or private and that any information you send to or through our Website and while making online payments (including credit card information) may be read or intercepted by others, even where a website is stated as being secure.
While we use reasonable safeguards to protect against interception, ‘hacking’ or unauthorised use of any data through our Website or any other website by unauthorised third parties, without limiting the other disclaimers in these Terms of Use, we shall have no liability for such interception, ‘hacking’ or unauthorised use.
Warranties
In using our Website to make online payments, you represent and warrant that:
- you are over 18 and have legal capacity to contract in New Zealand;
- you have the appropriate authority to accept these Terms of Use (including these online payment terms) and are able to and will meet your obligations in relation to these Terms of Use; and
- if you are using a credit card or debit card to process a transaction, you represent and warrant that the credit card or debit card is issued in your name and that you will pay to the issuer all charges incurred while making online payments on our Website.
Accuracy of information
Before completing an online payment on our Website, it is your responsibility to verify that all transaction, credit or debit card, account information and other details are correct. You should print the transaction confirmation for future reference and your files.
Before paying any amounts by direct bank transfer to the bank account nominated by Orion, it is your responsibility to verify that the bank account number and other details of payment are correct.
Without limiting the other disclaimers in these Terms of Use, Orion shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of any online payments or direct bank transfers, or for loss of data or information caused by factors outside of Orion’s control.
Right to suspend, alter or cancel service
Orion may, at any time without prior notice or any liability to you, cancel or suspend any or all online payment services and/or substitute alternative services, which may or may not be interactive or transactional in nature.
Refunds policy
Except as required by law, Orion is not required to provide any refund of any payments made through our Website or paid to Orion by direct bank transfer. If Orion is required by law to provide a refund (whether in full or in part), any refund will be made back to the original payment method (i.e. the credit or debit card or bank account used to make the original payment). Any refunds made will be for the amount of the original online payment and will not include any transaction or other fee initially charged by us, Windcave or your bank.
Intellectual Property
Orion owns all copyright and other intellectual property rights in this Website and in all images, text, trademarks, logos, moving pictures and other data of any kind contained on this Website (other than the User Content). All rights are reserved.
You must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute to third parties, use for creating derivative works or use in any other way for commercial or public purposes any part of this Website without our prior written consent.
Except where noted otherwise, you may download one copy of material for your own reasonable private and non-commercial use only, provided that you:
- accept that we retain all copyright and other intellectual property rights in such material;
- do not copy, adapt or modify any material downloaded without our prior written consent, or allow any other person to copy, adapt or modify any such material;
- ensure that any copyright or other proprietary notices attached to any material is retained on each copy you make of that material;
- use the material in a manner consistent with these Terms of Use; and
- understand that we grant no intellectual property rights or licences to our trademarks, trade names or copyright material (other than the limited licence contained in these Terms of Use).
Links to other websites and this Website
Although this Website may include links providing direct access to other Internet resources, including web sites, Orion is not responsible for the accuracy or content of information contained in those websites. Use of or reliance on any third party materials or websites, or information on any link, including websites, is at your sole risk. Links are solely provided to assist your easy connection to those websites.
Unless clearly stated otherwise, links from Orion's Website to third-party websites do not constitute an endorsement or sponsorship by Orion of the parties or their products and services. Orion is not responsible for, and does not endorse, the accuracy or completeness of those third party materials or websites and Orion has not investigated the claims made by any product or service provider. Product information is based solely on material received from suppliers.
As a visitor to our Website, you must not create a link to any part of this Website without our prior written consent. If you do create a link to any page of this Website, you acknowledge that you are solely responsible for the consequences of that link and you indemnify and will keep us indemnified against all damage, losses, costs or expenses of any kind, suffered or incurred by us in connection with that link, whether brought in tort (including negligence), contract, equity or otherwise.
Cookies
This Website uses "cookies". Cookies are files that collect certain details of website users and store that information. The cookie will then remember the preferences of website users so as to make the website more user-friendly the next time that user visits the website. Cookies cannot read data on your hard drive.
We may use a cookie file containing information that can identify the computer you are working from. We may use the information generated by "cookies" to track traffic patterns to and from our site including information like the pages you visit, the time you spend on each page, the date and time of your visit, and the pages you came from or go to.
You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. By not accepting cookies, you will still be able to visit our Website but some pages may not fully function and you may not be able to access certain information on the Website.
Jurisdiction
This Website and the Terms of Use are governed by, and is to be interpreted in accordance with, New Zealand law. Any claims or disputes arising out of or in connection with this Website will be resolved by the New Zealand courts.
To the fullest extent permitted by law, we will not be liable for any failure of this Website to comply with the laws of any other country.
Privacy
Our Privacy Statement (available at https://www.oriongroup.co.nz/privacy-statement/) outlines how we deal with and protect any personal information we collect about you through this Website. If you choose to disclose personal information on this Website, you are deemed to have read, and agreed with, our Privacy Statement.
General
Any failure or delay by us in exercising or enforcing any right or provision of these Terms of Use will not operate as a waiver. A finding that any provisions of these Terms of Use is invalid or unenforceable will not affect any other part of these Terms of Use. You may not assign your rights under these Terms of Use to any third party, except with our prior written consent.
Interpretation
In these Terms of Use:
- references to this Website include all pages of and all information and material on this Website; and
- references to use of this Website include access to this Website.
Updated August 2023