Orbus Terms of Use

Our terms of use govern your use of this website; by using this website, you accept these terms and conditions in full

www.orbussoftware.com is a site operated by Orbus Software.

Orbus Software is the trading name of Seattle Software Limited, a company registered in the United Kingdom with company number 05196435 and registered office at Victoria House, 50-58 Victoria Road, Farnborough, Hampshire GU14 7PG.

You can contact us here at any time.

By using our site, you confirm that you accept these terms of use and agree to comply with them. If you do not agree with these terms, then you must not use our site.

We may amend these terms from time to time. Each time you visit our site, please check these terms to ensure that you understand the terms in effect at that time.

How you may use material on our site

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our site and in the material published on it. All these intellectual property rights are reserved.

You may view, download for caching purposes only and print pages from the site for your personal use only, subject to the restrictions set out below.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. More specifically, you must not:

  • Sell, rent, sublicense or republish material from this site, including republication on other sites;
  • Show any material from our site in public;
  • Reproduce, duplicate, copy, edit or otherwise exploit material on this site; or
  • Redistribute material from this site except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

We provide no warranties

* republish material from this website (including republication on another website); sell, rent or sub-license material from the website;

* show any material from the website in public;

* reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or

* redistribute material from this website except for content specifically and expressly made available for redistribution

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Our liability to you

We do not purport to exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.

We will not be liable to you for any loss or damage (whether in contract, tort, statutory duty or otherwise), even where foreseeable, arising under or in connection with:

  • Use of, or inability to use, our site; or
  • Use of or reliance on any content displayed on our site.

Further, we will not be liable for:

  • Indirect, special or consequential loss or damage;
  • Loss of revenue, income, profits or anticipated savings;
  • Loss of business opportunity, reputation or goodwill; or
  • Loss or corruption of information or data.

Where we supply products or services to you, different limitations and exclusions of liability may apply.

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the site.

Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out above will also protect our officers, employees, agents, subsidiaries, successors, assigns and subcontractors.

Acceptable Use

You must not use our site in any way that may cause damage otherwise impair its availability or accessibility. This includes any activity which is unlawful, fraudulent or harmful.

You must not use this site to copy, store, host, transmit, send, use, publish or distribute any material that includes malicious computer software, including any spyware, malware, computer virus, Trojan horse, worm, keystroke logger or rootkit. Notwithstanding the foregoing, we do not guarantee that our site will be secure or free from bugs or viruses.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You must not conduct any systematic or automated data collection activities, including data scraping, mining, extraction or harvesting, without our express prior written consent.

You must not use this side to transmit or send unsolicited commercial communications, or any other purposes related to marketing, without our express prior written consent.

Access to certain areas of this site is restricted and we reserve the right to restrict access to other areas, or indeed to the entire site, at our discretion.

If we provide you with a user ID and password to enable access to restricted areas, content or services, then it is your responsibility to ensure that this remains confidential. We may disable your user ID and password at our discretion and without notice.

User content

Your ‘user content’ means material, including text, images, audio, video and audio-visual material, that you submit to the site for any purpose.

Any user content that you submit will be considered non-confidential and non-proprietary. You retain all your ownership rights in your user content, and grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights. We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or right to privacy.

Your user content must not be unlawful, infringe any third party’s legal rights, or capable of giving rise to legal action, whether against you, us, or a third party. You must not submit any user content that is or has ever been the subject of any threatened or actual legal proceedings.

We have the right to remove any user content that you submit to this website. You are solely responsible for securing and backing up your content.

Notwithstanding our rights under these terms in relation to user content, we do not undertake to monitor the submission of user content to, or publication of user content on, our site.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute on legal advice) incurred or suffered by us and arising out of any claim that you have breached any provision of these terms.

If you breach these terms

Without prejudice to any other rights or remedies, we may take such action as we deem appropriate to handle your breach of these terms. This may include suspending your access to the site, blocking your IP address, contacting your internet service provider to request that they block your access, and bringing court proceedings against you.

Severability

If any part of these terms is found to be unenforceable under applicable law, then that shall not affect the enforceability of other terms.

Assignment

We may assign, transfer, subcontract or otherwise deal with our rights and obligations under these terms without prior notice and without obtaining your consent. You may not assign, transfer, subcontract or otherwise deal with your rights and obligations under these terms.

Entire agreement

These terms constitute the entire agreement between Orbus Software and you in relation to your use of this site, and supersede all previous agreements in respect of your use.

Governing law and jurisdiction

These terms are governed by and construed in accordance with the laws of the United Kingdom. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Orbus Online Training

These terms and conditions govern the way in which we supply products to you, including any e-learning courses.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.

You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.

INFORMATION ABOUT US AND HOW TO CONTACT US

We are Seattle Software Ltd, trading as Orbus Software, a company registered in England and Wales. Our company registration number is 05196435 and our registered office is at Victoria House, 50-58 Victoria Road, Farnborough, Hampshire, United Kingdom GU14 7PG.Our registered TAX number is 100387576000003.

You can contact us by Telephone on +971 (0) 4 559 6239 or by Email enquiries@orbussoftware.com.

1. GRANT OF SUBLICENCE

In consideration of your payment, we hereby grant you a licence to use the purchased e-learning courses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.

This licence is personal to you and cannot be shared or exchanged with others.

2. GENERAL

We are a reseller of the Products which are owned by Educational Systems Limited, trading as Good e-Learning, a company incorporated in the United Kingdom with company number 07953392 (“GEL”). Your access to the Products will be through GEL’s website and subject to GEL’s Terms and Conditions as applicable from time to time and accessible at the following link: https://www.goodelearning.com/terms (“the Platform”). Any Product’s accreditations or certifications are those provided by GEL and listed on the Platform from time to time.

GEL develops, distributes and maintains the products and will also provide you with log in details. It will manage your access to the Products and provide support to you, where necessary.

You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.

We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.

3. ACCESS TO MATERIALS

The start date shall be the date you first log into the Platform to access the Products purchased. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.

We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.

Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.

4. PRICING AND PAYMENT

We use a third party payment provider called Stripe. Payments for the Products can only be made online through Stripe and must be made at the point of purchase.

You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.

Your payment includes the licensing of the Products for a limited period of time that is appropriate for the e-learning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.

We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

5. CANCELLATION AND RESTRICTION POLICY

Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email.

It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.

We may restrict your access to the Products if you breach these terms, including without limitation:

  • a) A failure to make any payment due to us; or
  • b) Failure to provide accurate information that is necessary for us to provide the Products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

6. YOUR RIGHTS

This is a summary of your key legal rights. For more detailed information, you can visit www.adviceguide.org.uk or call 03454 04 05 06.

The Products must be as described, fit for purpose and of a satisfactory quality. If the Products are faulty, then you are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then you can get some or all of your money refunded.

If you can show that the fault has damaged your device and that we have not used reasonable care and skill, then you may be entitled to compensation.

7. EXAM VOUCHERS

Where you have purchased exam vouchers in addition to the Products, these vouchers will be subject to the terms and conditions of the relevant exam provider. Exam vouchers are non-refundable once they have been used for booking an exam.

8. INTELLECTUAL PROPERTY

All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by GEL. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.

Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.

All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process.

We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.

We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (summarised above at 6).

If the Products damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us.

Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.

10. OTHER IMPORTANT TERMS

You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a licence for your benefit only.

Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, then rest will continue in force.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11. GOVERNING LAW

These terms are governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.