We provide online reputation management and online related products and services (“Services”) for you, a company or someone that you have designated to be the subject of the Services and for whom you will be held strictly responsible (the “Named Party”). The services are described on the individual pages for each service which can be accessed at http:/orma.com.au. We may periodically change the description or content of our Services at our discretion, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficiency of the services or better address a perceived need among our customers.
By placing an order for Services, you authorise us to be your privacy and/or reputation advocate. As your privacy advocate, you authorise us to use your information to search the internet and the “Deep Web” using any tools available and to find and remove your personal information from the internet. As your reputation advocate, you authorise us to use optimisation techniques to supress unwelcome content and promote welcome content above unwelcome content on internet search engines. In addition you authorise us to contact third parties, including creators or aggregators of personal information or unwelcome content and to take such actions as we deem appropriate to remove or suppress such content. You authorise us to take such action on your behalf and to identify ourselves as acting on your behalf. You recognise that such contact and techniques may have unpredictable side effects, including but not limited to negative responses from others. You agree to provide the information required for the services and understand that, in most cases, the higher quality of information provided by you, the better results you will experience.
If content publishing is included in the services we provide to you, you authorise us to use the content, trademarks, logos, photos, videos, advertisements, information and other materials provided or identified by you (the “Client Materials”) to create and publish Web content, including content that represents you or the Named Party on any websites we deem fit for the purposes of providing the Services. In addition, you hereby grant to us and our authorised personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sub licensable (as necessary to perform the Services) license to use, reproduce, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit and Client Materials as we deem appropriate to perform the Services. You agree to respond in a timely manner to our requests to review and approve information generated for you and acknowledge that we may make unilateral content publishing decisions on your behalf should you fail to meet the applicable response deadlines. You acknowledge and agree that we will own, subject to any Client Materials therein, all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. We acknowledge and agree that you will own all right, title, and interest in and to any Client Materials.
If monitoring and managing your online reviews or ratings is included in the Services you order, you represent and warrant that (a) you authorised to provide us with any customer, patient, and user information that you provide to us in connection with such Services (the “Reviewer Information”; (b) our possession and/or use of the Reviewer information on your behalf in connection with the Services will not violate any contract, statute, or regulation; and (c) any content that you and/or your authorised representative(s) submit for publication on an online review or ratings website as a provider of goods or services will be true and accurate, are the original work of your authorship and will only concern you and the goods and/or services that you provide.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to the design, structure, “look and feel” and arrangement of the content on the Site (collectively “Website Content” is owned, controller and/or licenses by or to us and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions, no part of the site and no Website Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way, without our express prior written consent. You may use information about our Services purposely made available by us for downloading from the Site only for your non-commercial, informational purposes.
You are not contractually locked in to any financial commitment on a month to month basis. However, the first month will be payable once you sign the Terms & Conditions. Should you decide to leave within 30 days of signing up with us, you will not be obliged to pay any following months. If you do not notify us that you do not wish to continue with our service within 48 hours of your proceeding month, you will be required to pay that month’s fee. We take payment via Bank Transfer.
Warranties. Each of the parties represents and warrants that it has all necessary power to enter into and perform its obligations and this Agreement. You further represent and warrant that (a) all information provided to us is accurate and truthful, (b) you have the right to grant us the licenses specified in the Section title “Content Publishing”, if applicable, (c) the execution and performance of this Agreement does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, and (d) the Client Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
Disclaimers.We do not guarantee or warrant that we will find or communicate to you every example or all examples of internet content about you or the Named Party. We do not guarantee or warrant that we will be successful in effecting removal, suppression or alteration, if such service is to be performed, of any Internet Content about you or the Named Party designated as private and/or unwelcome content. Moreover, we do not guarantee that the services will result in a positive change in your online reviews and/or scoring. THE SERVICES ARE PROVIDED “AS IS” AND WE SPECFICALLY DISCLAIM, ON OUR OWN BEHALF AND ON BEHALF OF OUR THIRD-PARTY SUPPLIERS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGE FOR THE SERVICES.
The services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications and which are outside of our control. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times. We reserve the right to do any of the following, at any time without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Damages.Damages. NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PINITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE.