ORB is the property of Simon Fletcher. You can contact us at admin@orbapp.com
The following terms and conditions govern all use of the orbapp.com Web site and
all content, services and products available at or through the Web site. The Web
site is owned and operated by Simon Fletcher. The Web site is offered subject to
your acceptance without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without limitation, ORB
Privacy Policy) and procedures that may be published from time to time on this Site
(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Web site. By
accessing or using any part of the Web site, you agree to become bound by the terms
and conditions of this agreement. If you do not agree to all the terms and conditions
of this agreement, then you may not access the Web site or use any of its services.
1. What is ORB?
ORB is an application that allows you to book and manage meeting rooms (collectively,
the "Service").
2. Your ORB credentials and accounts
By signing up to use the Service, you agree that your login credentials are personal
and non transmissible and that you are responsible for the security of these credentials.
Furthermore, by creating one or more accounts on the Web site, you are responsible
for maintaining the security of your accounts, and you are fully responsible for
all activities that occur under those accounts and any other actions taken in connection
with the accounts. You must not describe or assign keywords to your accounts in
a misleading or unlawful manner, including in a manner intended to trade on the
name or reputation of others, and we may change or remove any description or keyword
that we consider inappropriate or unlawful, or otherwise likely to cause us liability.
You must immediately notify us of any unauthorized uses of your accounts or any
other breaches of security. We will not be liable for any acts or omissions by you,
including any damages of any kind incurred as a result of such acts or omissions.
We reserve the right to terminate any account or login credential if it remains
inactive for a period longer than 24 months.
3. Responsibility of contributors
If you make (or allow any third party to make) material available by means of the
Web site (any such material, “Content”), you are entirely responsible for the content
of, and any harm resulting from, that Content. That is the case regardless of whether
the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret
rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and
have done all things necessary to successfully pass through to end users any required
terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain
unethical or unwanted commercial content designed to drive traffic to third party
sites or boost the search engine rankings of third party sites, or to further unlawful
acts (such as phishing) or mislead recipients as to the source of the material (such
as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically
objectionable, and does not violate the privacy or publicity rights of any third
party;
- your accounts are not named in a manner that misleads your readers into thinking
that You are another person or company. For example, your account name is not the
name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether requested
to do so by Simon Fletcher or otherwise.
4. Removing content
If you delete Content, we will use reasonable efforts to remove it from the Web
site, but you acknowledge that caching or references to the Content may not be made
immediately unavailable. Without limiting any of those representations or warranties,
we have the right (though not the obligation) to, at our sole discretion, (i) refuse
or remove any content that, in our reasonable opinion, violates this policy or is
in any way harmful or objectionable, or (ii) terminate or deny access to and use
of the Web site to any individual or entity for any reason. We will have no obligation
to provide a refund of any amounts previously paid.
5. Fees and payment
By selecting a paid service plan you agree to pay us the monthly or annual subscription
fees indicated for that service plan, including any applicable taxes. All fees posted
are exclusive of all taxes or duties imposed by governing authorities.
We accept payment through PayPal and will automatically charge your paypal account
for monthly service plans. We reserve the right to suspend or terminate your account(s)
and/or access to the Service if any fee is not paid in a timely manner, or if it
is unable to process your transaction using the credit card information provided.
Automatic renewals for monthly service plans are made each month on calendar day
corresponding to the commencement of subscription. For months not containing the
calendar day corresponding to the commencement of your subscription, renewal will
be made on the first day of the next month. For example, if your subscription began
on January 31st, March 1st is the next time your credit card would be billed.
The renewal charge will be equal to the original subscription price plus any service
fees incurred in the previous subscription period, including any applicable taxes.
Should you choose to upgrade your subscription, you will be able to start using
the additional services associated with the new subscription plan immediately, however
you will not be charged at the rate for your new subscription until the next billing
date. For example, if you begin your monthly billed subscription on March 15th,
your next payment would be due on April 15th. If, on April 22nd, you upgrade your
subscription to a superior service plan you will be able to start using the upgraded
plan immediately but will not be charged for the new service plan until your next
billing date, which would be April 15.
Should you downgrade you will be limited to the services available under the lower
subscription plan and will be charged the rate associated with the new plan from
the next billing date.
We reserve the right to change our monthly fees upon 30 days notice by email. If
you want to change your payment details you may edit your information by accessing
your "Account" page. If your payment method reaches its expiration date, your continued
use of the Service constitutes your authorization for us to continue billing using
that payment method and you remain responsible for any uncollected amounts.
Subscription renewals may not happen exactly at midnight of the renewal dates.
It is your responsibility to keep your contact information and payment information
current and updated and ensure that all the information provided is correct.
6. Canceling Your Subscription
Subscriptions subject to automatic renewal will continue in effect unless and until
you cancel or we terminate it. You must cancel your subscription before it renews
in order to avoid billing of the next month's fees to your credit card.
All paid service plans are prepaid and are non-refundable. We do not provide refunds
or credits for any partial months. You may cancel your subscription at anytime.
If you wish to cancel your subscription you may do so via your "Account" page.
7. Responsibility of Web site visitors
We have not reviewed, and cannot review, all of the material posted to the Web site,
and cannot therefore be responsible for that material's content, use or effects.
By operating the Web site, we do not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. The Web site may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies, typographical
mistakes, and other errors. The Web site may also contain material that violates
the privacy or publicity rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading, copying or use of which
is subject to additional terms and conditions, stated or unstated. We disclaim any
responsibility for any harm resulting from the use by visitors of the Web site,
or from any downloading by those visitors of content there posted.
8. Content posted on other Web sites.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the Web sites and Web pages to which orbapp.com
links, and that link to orbapp.com. We do not have any control over those non-ORB
Web sites and Web pages, and are not responsible for their contents or their use.
By linking to a non-ORB Web site or Web page, we do not represent or imply that
it endorses such Web site or Web page. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. We disclaim any and all
responsibility for any harm resulting from your use of non-ORB Web sites and Web
pages.
9. Intellectual property
This Agreement does not transfer from us to you any of our, or third party, intellectual
property. All right, title and interest in and to such property will remain (as
between the parties) solely with us.
10. Changes
We reserve the right, at our sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Web site following the posting of any changes
to this Agreement constitutes acceptance of those changes. We may also, in the future,
offer new services and/or features through the Web site (including, the release
of new tools and resources). Such new features and/or services shall be subject
to the terms and conditions of this Agreement.
11. Termination
We may terminate your access to all or any part of the Web site at any time, with
or without cause, with or without notice, effective immediately. We can terminate
the Web site immediately as part of a general shut down of our service. All provisions
of this Agreement, which by their nature should survive termination, shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
If you wish to terminate this Agreement you have to remove yourself from the Web
site. To remove yourself from the Web site you must first close all accounts you
own and quit all accounts you're a member of. After completing these steps you will
be presented a link in the Accounts screen that enables you to quit using the Service
and remove your information from the Web site.
12. Disclaimer of warranties
The Web site is provided “as is”. We, and our suppliers and licensors, hereby disclaim
all warranties of any kind, expressed or implied, including, without limitation,
the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither we nor our suppliers and licensors make any warranty that the Web site will
be error free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the Web
site at your own discretion and risk.
13. Limitation of liability
In no event will we, or our suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability
or other legal or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement or substitute products or services; (iii)
for interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to us under this agreement during the twelve (12) month
period prior to the cause of action. We shall have no liability for any failure
or delay due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
14. General representation and Warranty
You represent and warrant that (i) your use of the Web site will be in strict accordance
with the ORB Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and acceptable
content, and including all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside) and (ii)
your use of the Web site will not infringe or misappropriate the intellectual property
rights of any third party.
15. Indemnification
You agree to indemnify and hold harmless Simon Fletcher, the Web Site , our contractors,
and our licensors, and their respective directors, officers, employees and agents
from and against any and all claims and expenses, including attorneys' fees, arising
out of your use of the Web site, including but not limited to out of your violation
this Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between us and you concerning the
subject matter hereof, and it may only be modified by the posting by us of a revised
version.