Effective as of 1st May 2020, Oryx Align Limited (“OryxAlign”)have updated terms that apply to the use of our Websites (as herein defined).  

 

Definitions 

For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.oryxalign.com as well as the other websites that OryxAlign operates and that link to these Terms of Use. 

The terms “we”, “us”, “our”, “OryxAlign”, or “Oryx Align” refers to Oryx Align Ltd. and its subsidiaries and any authorised third party involved in any part of the design, development, management, response-handling, marketing, promotion or other similar aspects of the Website. 

The term “Content” refers to any text, data, document, audio, video, graphic, photograph or other image, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on, or forms part of this Website and is presented on this site to Users by either oryxalign.com or by other Users including any such content uploaded by Users. 

The terms “Users” or “User” refers to any person viewing or interacting with this Website including “You”. 

 

Terms 

These Terms govern your access to, and use of, oryxalign.com, as well as the other Websites that OryxAlign operates. By accessing and using the Websites, you accept and agree to be bound by these Terms, OryxAlign’s Privacy Policy found here and OryxAlign’s Cookie Policy found here.  

If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing our Websites you shall be subject to any guidelines or rules applicable to the Websites, which may be posted and modified from time to time. 

 

Changes to Terms 

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. 

 

Changes to Websites 

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. 

 

Registration 

You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as forums and other community features, to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Websites.  

We will use the information you provide in accordance with the Privacy Policy. By registering, you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. 

You agree to maintain and promptly update your registration information on the Websites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Websites and all charges related to the same. 

 

Website Content 

The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. 

Nothing in these Terms restricts other legal rights we may have to User Content, for example under other licences. We reserve the right to remove or modify User Content, or change the way it’s used, for any reason. 

The Content made available in this Site is provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of satisfactory quality, fitness for a particular purpose, title, or non-infringement of any third party rights including, without limitation, intellectual property rights. OryxAlign does not warrant that the Content will be error free, nor free from defamatory, offensive, infringing or other harmful matter. You assume the entire cost of any necessary service, repair, or correction. The Content may include inaccuracies or typographical errors that will be corrected as they are discovered at OryxAlign’s sole discretion. You acknowledge that OryxAlign has not undertaken any verification of Content featured on this Site. 

You may not use the Website for any of the following purposes: 

In any way which causes, or may cause, damage to the Website or interferes with any other person’s use of the Website such as uploading, posting or otherwise transmitting any User Content, software or other materials which contain a virus or other harmful or disruptive component. 

In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order. 

Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner. 

By submitting Content to this Site, you grant OryxAlign permission to use it, either in its original format or altered or cropped, in any way deemed appropriate by OryxAlign in accordance with our Privacy Policy. 

 

Intellectual Property Rights 

By continuing to use the Website you acknowledge that the Content is protected by copyright, trademarks, database rights and other intellectual property rights. 

Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission. 

You must not otherwise reproduce, modify, copy, distribute for personal use or for commercial purposes any Content without the written permission of OryxAlign. 

We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please contact hello@oryxalign.com. We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others. 

 

Security and Availability 

Any online facilities, tools, services or information that OryxAlign make available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. OryxAlign is under no obligation to update information on the Website. 

Whilst OryxAlign uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers. 

OryxAlign accepts no liability for any disruption or non-availability of the Website. 

While we work to protect the security of your content and account, OryxAlign can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account. 

 

Third Party Websites, Links & Services 

Our Sites may contain links to other websites operated by third parties. OryxAlign does not control these third party websites and is not responsible for their content. The presence of a link to a website operated by a third party does not imply any endorsement of that third party or of any products or services advertised, or other information or content featured on that website. Nor does it constitute any assurance that that website has security measures in place to protect information which you may submit to them online. 

 

Termination 

OryxAlign May terminate or suspend your right to access or use any of our Sites or Services, for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Terms and policies. Upon termination, you will continue to be bound by these Terms. 

 

Disclaimer of Warranty; Limitation of Liability 

  

(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. ORYXALIGN, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES. 

  

(B) THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 

  

(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ORYXALIGN, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ORYXALIGN OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ORYXALIGN OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES. 

  

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

  

(D) We disclaim any and all liability of any kind for any unauthorised access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites. 

  

Indemnification 

You agree to defend, indemnify and hold harmless OryxAlign, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. OryxAlign reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this section. In such event, you shall provide OryxAlign with such cooperation as is reasonably requested by OryxAlign. 

  

Jurisdiction and applicable law 

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Thank you for visiting our Site. 

Please report any violations of these Terms to OryxAlign at hello@oryxalign.com.  

 

Miscellaneous 

These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of OryxAlign, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.