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Terms & Conditions

In this Terms of Use Agreement And Disclaimer, and throughout the agreements on this Website, ("Agreement") "you" and "your" refer to each customer or website visitor, "we", "us" and "our" refer to ORCA TRUST and ORCA Group of related companies. (doing business as ORCA Offshore, ORCA Business Services, ORCA Internet and http://www.orcaoffshore.com, http://www.orcazurich.com, http://www.orca-domains.com, http://www.orcamalaga.es and other related websites), its contractors, agents, employees, officers, directors and affiliates (hereinafter "ORCA TRUST") and "Services" refers to all services provided by us.

ORCA TRUST provides the websites located at h ttp://www.orcaoffshore.com, http://www.orcazurich.com, http://www.orca-domains.com, http://www.orcamalaga.es and other related websites, (the "Sites") and related services subject to your compliance with the terms and conditions set forth herein. Please read the following information carefully. This is a legal agreement between you and ORCA TRUST. By using these Sites, you agree that you have read and understand the terms and conditions of this agreement and that you agree to be responsible for each and every term and condition.

DISCLAIMER

The Sites are provided as-is with no representations or warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. You assume complete responsibility and risk for use of these Sites and any and all site-related services. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILILTIY

ORCA TRUST, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABILE TO YOU OR YOUR BUSINESS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST OR IMPUTED PROFITS OR ROYALTIES OR OTHER DAMAGES WHATSOEVER OUT OF OR RELATING IN ANY WAY TO THESE SITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS. ORCA TRUST SHALL NOT BE LIABLE TO YOU WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY.

IN NO EVENT WILL ORCA TRUST'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THESE SITES AND/OR THE GOODS AND SERVICES OFFERED IN CONNECTION THEREWITH, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABIITY, EXCEED THE FEES PAID BY YOU FOR THE GOODS AND/OR SERVICES.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE ORCA TRUST WEBSITES. ORCA TRUST FORMS "PARTNERSHIPS" OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS ORCA TRUST MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL ORCA TRUST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST ORCA TRUST WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such material and/or data. You understand that any documents that are downloaded from our Sites are downloaded at your sole discretion and risk. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with ORCA TRUST. No advice or information, whether oral or written, obtained by you from ORCA TRUST shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

ORCA TRUST at its sole discretion may choose to change the terms, conditions and operation of these Sites at anytime. By using this service you waive any rights or claims you may have against ORCA TRUST.

The content available through the Sites is the sole property of ORCA TRUST or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, ORCA TRUST-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by ORCA TRUST licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Sites to anyone, including but not limited to others in the same company or organization without ORCA TRUST'S express prior written consent.

THESE SITES ARE NOT A SUBSTITUTE FOR LEGAL COUNSELORCA TRUST is an internet publishing service. The materials available on the Sites contain information of general application and are not intended to replace the advice of an attorney. While our staff expend great efforts to maintain and publish accurate information, laws are dynamic and constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions.

The materials, information and links posted on the Sites are provided for public informational purposes only, and do not constitute individualized legal advice. The information on the Sites is only provided with the understanding that ORCA TRUST and its affiliates are not engaged in rendering legal or other professional services. ORCA TRUST expressly disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional. You are advised to consult with qualified legal counsel to determine the current law and how it may apply to your particular situation.

When using our Services, you will be acting as your own attorney. ORCA TRUST completes information on the requested forms based upon the information you have provided to us. By providing you with this service, ORCA TRUST, its advisors, agents, representatives, and employees are not rendering any legal or otherwise professional advice or service, and no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our Services, including but not limited to information, content and/or forms.

ORCA TRUST, its advisors, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although ORCA TRUST expends great efforts and respects the confidential nature of the information you are submitting to us, NO SPECIAL RELATIONSHIP or privilege exists between ORCA TRUST and you, including but not limited to any Attorney-Client relationship that might exist had you consulted with a licensed attorney.

As with all important business matters, ORCA TRUST, its advisors, agents, representatives, and employees STONGLY RECOMMEND that you consult with an attorney licensed to practice law or a licensed accountant in the applicable jurisdiction.

In brief it is important to consider that the Services which ORCA Trust provide to their Clients may involve tax or legal implications or require the services of specialists in tax planning and tax mitigation. ORCA Trust and its related companies are specialists in company formation and providing offshore facilities such as communications, hosting and domains but we are not tax experts in all of the jurisdictions where we operate are are therefore not qualified to offer tax advice to our clients

PLEASE NOTE THAT ORCA TRUST AND ITS RELATED COMPANIES DO NOT ADVISE REGARDING THE FOLLOWING SPECIALIST AREAS:

1. ACCOUNTANCY AND SPECIALIST TAX PLANNING SUCH AS WEALTH, INVESTMENT AND INHERITANCE MATTERS;
2. LEGAL ADVICE;
3. DEBT COUNSELLING

For specialist advice in these area it is crucial to seek guidance from appropriately qualified professionals and we have a list of various firms and individuals worldwide who specialise in their specific jurisdiction. Whilst we can provide the details for various contacts our Client must instruct such persons provide them with the requisite advice.

US STATE AND US-FEDERAL FILING REQUIREMENTS

ORCA TRUST is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to any required US State or US Federal filings, annual reports, taxes due, or other filing requirements. The same is applicable to all other jurisdictions such as United Kingdom, Belize, Panama and any other jurisdiction where we form legal entities or provide other business services. ORCA TRUST's sole responsibility is the preparation of your requested form. Any requirements or obligations for the maintenance of your corporation, business entity or other business services are NOT the responsibility of ORCA TRUST and are the sole responsibility of you.

DISSATISFACTION

In the event of dissatisfaction, ORCA TRUST will undertake its best efforts to resolve the matter to your satisfaction. Any and all fees paid to the Government of any country or US Secretary of State or other outside agency, including shipping and handling fees, cannot be refunded under any circumstances. Please note all refund requests must be made within thirty (30) days of filing of the documents with the Secretary of State or other government, state/federal office. Furthermore, no refunds will be issued unless all original documents are returned and received by ORCA TRUST.

LINK DISCLAIMER


Links to other sites are provided only as a courtesy you. These links do not constitute an endorsement of products, services or information provided by other sites or third parties. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between ORCA TRUST and the linked site. ORCA TRUST is not responsible for the privacy practices or the content of others web sites. ORCA TRUST hereby disclaims any and all representations or warranties expressed on any site other than our own.

COPYRIGHT

All content within these Sites, including, but not limited to text, software, graphics, logos, icons and images are the property of ORCA TRUST. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of ORCA TRUST. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.

INTELLECTUAL PROPERTY

ORCA TRUST reserves all of its rights in the graphic image and text, any other images, its trade names and trademarks, copyrights and any and all intellectual property rights. ORCA TRUST'S trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of ORCA TRUST. The unique trade dress of the Sites is also a service mark of ORCA TRUST.

EMAIL TRANSMISSIONS

Our Sites use an online secure order form for customers to apply for our Services. When you send ORCA TRUST an electronic mail transmission (as distinguished from a secure order form, which is encrypted), the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. ORCA TRUST cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information.

SUBMISSION OF CORRECT INFORMATION BY YOU

You agree that you are responsible for the spelling and other information and/or corporate information forwarded to ORCA TRUST. You agree that you have double-checked all information provided to ORCA TRUST prior to forwarding and that all information provided to ORCA TRUST is exactly as you desire for ORCA TRUST to perform the Services requested. You understand that the request for Services with the information you provide is not reversible after you submit your request. Submission of credit card information via our website, via facsimile, or otherwise authorizes ORCA TRUST to charge your credit card for the Services.

UNSOLICITED IDEA SUBMISSION POLICY

ORCA TRUST and its associates do not accept or consider unsolicited ideas, including ideas for new or improved products or services, processes or technologies, product or services enhancements, advertising and marketing campaigns, promotions or new product or service names. Please do not send any original materials, suggestions or other items. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ORCA TRUST’s products or marketing efforts might seem similar to ideas submitted to the company. If, despite our request not to send us your ideas, you still do, then regardless of what your communication states, the following terms shall apply to your idea submission.

TERMS OF IDEA SUBMISSION

You agree that: (a) your ideas will automatically become the property of ORCA TRUST, without compensation to you, (b) ORCA TRUST can use the ideas for any purpose and in any way, and (c) any information you provide will be considered non-confidential.

PURCHASE OF SERVICES BY AGENT

You agree that, if an agent for you (e.g., an Internet Service Provider, employee, attorney, certified public accountant, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

RIGHT OF REFUSAL

ORCA TRUST, in its sole discretion, reserves the right to refuse to provide Services to you. You agree that ORCA TRUST shall not be liable to you for loss or damages that may result from our refusal to provide Services.

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

GOVERNING LAW

This Agreement is governed by the general principles of law or the jurisdiction of your current or permanent residency. If you choose to dispute anything you can either choose general principles of law or the jurisdiction of Zurich, Switzerland where ORCA Group has its control. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees.

COMPLIANCE WITH APPLICABLE LAWS

You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of these Sites, and you agree to indemnify and hold ORCA TRUST harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.

WAIVER

No term or provisions hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

ENTIRE AGREEMENT

You agree that this Agreement amounts to the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.

MODIFICATION

ORCA TRUST may modify this Agreement at any time by making such modification on this page. BY USING THESE SITES AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND DISCLAIMER.


UK / Ireland020 7175 0041
(International +44 20 7175 0041)
US / Canada1 954 866 5986
(INTERNATIONAL +1 954 866 5986)
Australia and New Zealand+61 2 9191 7472
(INTERNATIONAL +61 2 9191 7472)
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