The below mentioned terms and conditions outline the rules and regulations for the use of Orbit’s Website, located at www.theorbit.co
The usage of the term ‘website’ or ‘Website’ herein shall be deemed to refer to and construed to include mobile application and/or the website of The Orbit as may be applicable.
The following terminology applies to these Terms and Conditions, and all Agreements:
- “You” and “Your” refers to You, the person logging on to this website and compliant to the Company’s terms and conditions.
- “The Company”, “Ourselves”, “We”, “Our”, “Orbit” “The Orbit” and “Us”, refers to our Company.
- “Party”, “Parties”, or “Us”, refers to both the You and the Company.
- “Account” means a unique account created for You to access Our service or parts of our service.
- “Device” means any device that can access the service such as a computer, a mobile phone, or a digital tablet.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to You in the most appropriate manner for the express purpose of meeting Your needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- i. You may be given the opportunity to register via an online registration form and to participate in Interactive Areas, such as forums and other community features, and to create an Account with a username and password (or other means of authentication) (“Credentials”) that may allow You to receive information from Us and/or to participate in certain features on the Website.
- Unless stated otherwise, each registration is for a single user only and not for multiple users.
- You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to, and use of the Website and all charges related to the same. You will be responsible for the confidentiality and use of Credentials and agree not to transfer or resell Your use of or access to the Website to any third party.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- You must provide a valid email address when You register. If You provide an email address to us, then You warrant to us that You are entitled to receive email to such email address. You also acknowledge and agree that We may stop sending emails to You without prior notification.
- You agree to notify Orbit immediately of any unauthorized use of Credentials or any other breach of security. You are entirely responsible for maintaining the confidentiality of Credentials and for any and all activities (including purchases, as applicable) that are conducted through Your account.
- We may suspend, terminate or prevent Your access to the Website or Your registration at our sole discretion. Where We suspend, terminate or prevent Your registration, You must not attempt to re-register or submit any content, material or applications without our prior written consent.
USER CONTENT GUIDELINES
The following terms apply to content submitted by You:
- The Website 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, and other materials (collectively, “User Content”). You are solely responsible for Your use of any Interactive Areas and You use them at Your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, You represent that You are 13 years of age or older and, if You are under the age of 18, You either are an emancipated minor or have obtained the legal consent of Your parent or legal guardian to enter into these terms, submit content, and participate on the Website.
- By submitting any User Content or participating in an Interactive Area within or in connection with the Website, You agree that You will not upload, post or otherwise transmit any User Content that violates the Acceptable Use Policy or is protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by Orbit, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Website.
- You agree not to represent or suggest, directly or indirectly, the Orbit’s endorsement of User Content.
- Any conduct that We, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Website will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by You.
- You acknowledge and agree that We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content posted on the Website. Through Your use of Interactive Areas, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretence, international trade issues and foreign nationals. By using Interactive Areas, You assume all associated risks.
- We have the right, but not the obligation, to monitor User Content posted or uploaded to the Website to determine compliance with these Terms and any operating rules established by Us and to satisfy any law, regulation, or authorized government request. Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Website, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content posted to the Website at Your sole cost and expense. The decision by Orbit to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from Your use of Interactive Areas on the Website.
- By submitting User Content to the Website, You automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media, or technology now known or hereafter developed, without payment to You or to any third parties. Additionally, to the fullest extent permitted under applicable law, You waive Your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that You have the full legal right, power and authority to grant to us the license provided for herein, that You own or control the complete exhibition and other rights to the User Content You submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates Your or our rights in the User Content by a breach of these Terms.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, colour scheme, selection, combination and arrangement of the Content present on the Website is owned by or licensed to Us and that such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
- Except with Our express prior written permission or as permitted by applicable laws, You may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Website or Content (in whole or in part) in any way or through any medium for distribution, publication, or any commercial purpose.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER ORBIT NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
- THE WEBSITE IS 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.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ORBIT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST OF 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 WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. 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 ORBIT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ORBIT IS NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE 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.
- WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
SHARING AND DISCLOSURE OF INFORMATION
- We may disclose any information We have about You (including Your identity), if We determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Orbit’s rights or property, or the rights or property of visitors to or users of the Site.
- Orbit reserves the right at all times to disclose any information that Orbit deems necessary to comply with any applicable law, regulation, legal process or governmental request. Orbit also may disclose Your information when Orbit determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
- Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for availing services. When You sign up for these services, You may have the ability to save Your card details (or tokens generated for Your card, as per the requirements of applicable laws) for future reference and faster future payments. In such case, We may share Your relevant personal information as necessary for the third parties to provide such services.
- You agree that Orbit may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by You (self-initiated account deletions), (c) discontinuance or material modification of the Site or any service offered on or through the Site, or (d) unexpected technical issues or problems.
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 Website after such posting will be deemed to constitute acceptance by You of such modifications, additions, or deletions
CHANGES TO WEBSITE
- We may change or discontinue any aspect, service, or feature of the Website at any time, including, but not limited to, content, availability, and equipment needed for access or use. You acknowledge and agree that from time to time we may need to:
a. fix defects and errors in the Site;
b. install updates and undertake general diagnosis and maintenance of the Site; and
c. undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to You from time to time.
- You agree to defend, indemnify and hold harmless Orbit and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website by You. Orbit 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 Orbit with such cooperation as is reasonably requested by ORBIT.
- We may terminate or suspend these Terms at any time without notice to You. Without limiting the foregoing, We shall have the right to immediately terminate Your access to the Website in the event of any conduct by You which We, in our sole discretion, consider to be unacceptable, or in the event of any breach by You of these Terms.
- These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Orbit has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Bengaluru, India.
- These Terms and any operating rules for the Website 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 Orbit 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.
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