Effective Date: 1st August 2025
These Terms of Service (“Terms”) apply to all services and software provided by Ellaw Digital Limited, trading as Orchard Financial Marketing (“we,” “our,” or “us”), a company registered in New Zealand and operating from Auckland.
By using our website, services, or software platform (collectively, the “Services”), you agree to these Terms. If you do not agree, you must stop using our Services immediately.
We provide:
Marketing services including strategy, content, paid advertising, and related digital marketing support.
Access to our software platform under a subscription model, which enables marketing automation, CRM, and related tools.
We do not provide financial advice. You are responsible for ensuring our Services are suitable for your business.
If you access our software platform:
You must create an account and keep your login details confidential.
You are responsible for all activity under your account.
You must notify us immediately of any unauthorised access or security breach.
You agree not to:
Use the Services for any unlawful, fraudulent, or harmful purpose.
Upload or transmit viruses, malware, or harmful code.
Interfere with or disrupt the integrity or performance of our platform.
Copy, resell, or reverse-engineer our software.
Use the platform to send spam, unsolicited emails, or SMS messages without consent.
All intellectual property in our website, content, and platform is owned by or licensed to us.
You may use the platform and content only for your internal business purposes.
You may not copy, reproduce, or exploit any part of the Services for commercial purposes without prior written consent.
Marketing services are billed as agreed in your proposal or contract.
Software subscriptions are billed in advance on a monthly or annual basis.
All payments are non-refundable, except where required by law.
Failure to pay may result in suspension or termination of Services.
We aim to provide reliable access to our platform, but we do not guarantee uninterrupted availability. Scheduled maintenance, technical issues, and third-party outages may occur.
We are not liable for any loss caused by downtime or disruptions.
We collect and store personal data in accordance with our Privacy Policy.
Our platform data is hosted on secure third-party servers outside New Zealand.
You are responsible for the accuracy and legality of any data you upload.
We may suspend or terminate your account if:
You breach these Terms.
Payment is overdue.
You misuse the platform.
Upon termination, your access to the platform and related data will end. We may retain backups as required by law.
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, or consequential loss, including loss of profits or data.
Our total liability to you is limited to the amount paid by you in the three (3) months before the claim arose.
We do not guarantee any specific results from using our marketing services or software.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 if applicable.
You agree to indemnify and hold us harmless, including our employees, directors, and contractors, from any claims, damages, losses, liabilities, and expenses (including legal costs) arising from:
Your misuse of the Services.
Your violation of these Terms.
Your infringement of any intellectual property rights or breach of any applicable law.
Our Services provide marketing solutions only. We do not provide financial, legal, or tax advice.
If a dispute arises, we encourage you to contact us first to resolve it informally. If not resolved, both parties agree:
The dispute will first go to mediation in Auckland, New Zealand.
If unresolved, it will proceed to arbitration in accordance with the Arbitration Act 1996 (NZ).
Each party bears its own costs unless otherwise agreed.
These Terms are governed by New Zealand law. Any disputes will be resolved by the courts of New Zealand, unless resolved through mediation or arbitration as set out above.
By using our Services, you consent to receive communications from us electronically (including email and platform notices), which satisfy any legal requirement for written communication.
We may update these Terms at any time. The latest version will be posted on our website. Continued use of our Services means you accept the changes.
Ellaw Digital Limited (trading as Orchard Financial Marketing)
Email: info@orchardfinancialmarketing.com
Auckland, New Zealand
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