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
Last updated: 29 January 2026
These Terms of Service (“Terms”) govern your access to and use of Orchard One, a software-as-a-service platform provided by Ellaw Digital Limited, trading as Orchard Financial Marketing (“we”, “us”, “our”).
By signing up for, accessing, or using Orchard One, you confirm that you have read, understood, and agree to be bound by these Terms.
Ellaw Digital Limited
Trading as: Orchard Financial Marketing
Email: info@orchardfinancialmarketing.com
Country of incorporation: New Zealand
Orchard One is provided as a business-to-business (B2B) service only.
Orchard One is a hosted software platform designed to support financial services professionals with customer relationship management, automation, and related digital tools.
The platform is delivered using third-party infrastructure and technology. While we carefully select our technology partners, we do not control or own the underlying third-party platforms.
We may update, modify, or enhance Orchard One from time to time to improve functionality, security, or performance.
By using Orchard One, you confirm that:
You are using the platform for business purposes
You have the authority to bind the business you represent to these Terms
All information you provide is accurate and kept up to date
You are responsible for:
Maintaining the confidentiality of your login credentials
All activity that occurs under your account
Ensuring that users you authorise comply with these Terms
Orchard One is offered on a subscription basis at NZD $379 per month, billed monthly in advance.
All subscriptions renew automatically unless cancelled in accordance with these Terms.
Prices are inclusive of New Zealand GST. You are responsible for any other taxes, duties, or charges imposed by your jurisdiction.
Payments are processed via a third-party payment provider. We do not store or process your payment card details.
Failure to make payment may result in suspension or termination of access to Orchard One.
Your Orchard One subscription includes a reasonable usage allowance designed to support normal business use.
Unless otherwise agreed in writing, your subscription includes the ability to send up to 10,000 emails per billing month.
If your usage consistently exceeds this level, we may, at our discretion:
Charge additional fees for excess usage
Require you to upgrade to a higher usage plan
Temporarily restrict email sending until usage returns to acceptable levels
We will make reasonable efforts to notify you if your usage is approaching or exceeding included limits.
We reserve the right to adjust usage thresholds or pricing for excess usage from time to time, provided such changes do not apply retrospectively.
You may cancel your subscription at any time by emailing info@orchardfinancialmarketing.com.
To avoid being charged for the next billing period, cancellation requests must be received at least 48 hours before your next scheduled renewal date.
If a cancellation request is received within 48 hours of renewal and a payment is processed, we will cancel your subscription and refund the most recent charge.
Upon cancellation:
Your access to Orchard One will continue until the end of the current billing period
Access to the platform will be removed at the end of that period
We do not guarantee retention of your data once access is removed
We may suspend or terminate your access to Orchard One, including immediately where required to manage legal, security, or operational risk, if:
You breach these Terms
Your use of the platform creates legal, security, or operational risk
Payment remains outstanding
You agree not to:
Use Orchard One for unlawful purposes
Upload or transmit malicious code
Attempt to access accounts or data you are not authorised to access
Use the platform in a way that interferes with or disrupts its operation
We reserve the right to investigate and take appropriate action for any misuse.
You remain solely responsible for:
The accuracy, quality, and legality of all data entered into Orchard One
Obtaining all necessary consents from your clients, prospects, or leads
Compliance with all applicable financial services, advertising, privacy, anti-spam, and consumer protection laws in the jurisdictions in which you operate
Orchard One is a software platform only. We do not provide financial, legal, tax, regulatory, or compliance advice, and Orchard One is not designed to ensure compliance with any specific regulatory, licensing, or professional regime.
You are responsible for determining whether Orchard One is suitable for your business and for configuring and using the platform in a way that meets your obligations.
Orchard One provides software tools and workflows only. While the platform is designed to support marketing, follow-up, and operational efficiency, we do not guarantee any specific outcomes, including (without limitation) leads, conversions, revenue, growth, profitability, or business success.
Any references in our marketing materials, demonstrations, videos, or examples to potential improvements, growth, performance, or results are illustrative only and should not be relied upon as promises or guarantees. Outcomes vary significantly based on your offer, responsiveness, execution, market conditions, and other factors outside our control.
You acknowledge that you have not relied on any representation, warranty, or statement outside these Terms when deciding to subscribe to Orchard One.
Orchard One relies on third-party services and infrastructure. We do not control and are not responsible for outages, interruptions, changes, or limitations caused by third-party providers beyond our reasonable control.
Any references to future features, integrations, enhancements, or roadmap items (including in demonstrations, videos, or discussions) are indicative only. We do not guarantee that any specific feature or integration will be delivered, or that it will be delivered within a particular timeframe.
To the maximum extent permitted by law:
Our total liability to you arising out of or in connection with Orchard One is limited to the subscription fees paid by you in the three (3) months preceding the event giving rise to the claim
We are not liable for indirect, incidental, special, or consequential losses, including loss of profits, data, or business opportunity
Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 where it applies.
We may update these Terms from time to time. The most current version will always be available on our website.
Continued use of Orchard One after changes take effect constitutes acceptance of the updated Terms.
These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts.
If you have questions about these Terms or Orchard One, please contact:
