Terms & Conditions
1. Binding agreement: These terms and conditions (these “Terms”) set forth the terms and conditions that apply to your subscription and use of a Product from Orbit Apps Ltd. (“Orbit”, “we”, “our” or “us”). By subscribing to or using a Product you acknowledge and agree that you accept and are legally bound by these Terms. If you do not accept these Terms, you must not use the Products. If you are dissatisfied with these Terms, your sole and exclusive remedy is to discontinue use of the Products.
2. Amendments: Orbit may update these Terms at any time, without notification to you, and you should review these Terms from time to time by accessing this webpage. Your continued use of a Product will be deemed irrevocable acceptance of any such revisions.
3. Ability to enter into these Terms: In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. It is your responsibility to ensure that you are legally eligible to enter into these Terms under any laws applicable to you. If you accept these Terms, you represent that you have the capacity to be bound by it.
4. Definitions: When used in these Terms, the following terms have the following meanings:
“Date of Purchase” means the date on which a commercial transaction with Orbit occurs.
“Intellectual Property Rights” means any and all proprietary rights, titles, and interests, including, but not limited to, trademarks, patents and copyrights, as existing and recognized anywhere in the World on the Date of Purchase or thereafter.
“Product(s)” means any paid for item, subscription, or service offered by Orbit.
“Product Update(s)” means subsequent updates to a Product released by Orbit for the purposes of, but not limited to, fixing bugs or adding features.
“Supported Browser(s)” means, subject to an express statement to the contrary, (i) the most recent stable release version of Chrome, Firefox, or Safari; and (ii) Internet Explorer 11 and above.
“Unsupported Browser(s)” means any browser not listed as a Supported browser.
Acceptable Use Policy
5. You agree that you will not use the Products in a manner that:
a. infringes, violates or misappropriates any third party’s intellectual property or other proprietary rights;
b. is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
c. is libellous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
d. is harmful to minors in any way;
e. is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Orbit;
f. impersonates an Orbit employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or Services or a portion thereof without proper authorization;
g. interferes or attempts to interfere with the proper working of the Products or prevents others from using the Products, or that otherwise negatively affects other persons’ ability to use the Products;
h. collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
i. attempts to gain unauthorized access to the computer systems of Orbit or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Products;
j. decompiles or reverse engineers or attempts to access the source code of the software underlying the Products or any other Orbit technology;
k. except as otherwise expressly permitted under these Terms, copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Products; or
l. accesses the Products for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Products.
6. Shopify’s Acceptable Use Policy. In addition to the requirements set forth in Section 6, you agree that you will not use the Products in a matter that violates Shopify’s acceptable use policy violates Shopify’s acceptable use policy, available at Shopify AUP. If Orbit receives notice or otherwise determines that you have violated the Shopify AUP, or if Orbit receives notice that your Shopify account has been terminated, Orbit may, in its sole discretion, terminate these Terms and your licenses and rights to use the Products without penalty.
7. All automated emails sent by Orbit contain an unsubscribe link at the bottom of the email. You can unsubscribe from marketing emails by clicking on that link. Per CAN-SPAM rules, Orbit may continue to send important account and billing information as transactional emails.
a. Orbit warrants that all Products are developed and maintained in accordance with applicable industry standards. All Products have been subject to internal quality assurance reviews and have been deemed fit for commercial sale.
9. Browser support.
a. All Orbit apps are, subject to reasonable limitations, visually consistent and are functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due a browser’s technical limitations, Orbit will use its discretion to implement a reasonable alternative.
a. EXCEPT AS OTHERWISE SET FORTH IN SECTION 8 OR 9: (I) YOUR USE OF THE PRODUCTS ARE AT YOUR SOLE RESPONSIBILITY AND RISK; (II) THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (III) ORBIT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
Exclusions of Liability
11. YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL ORBIT OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF ORBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR YOUR INABILITY TO USE THE PRODUCTS, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS. ORBIT’S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ORBIT’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
12. ORBIT IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH PRODUCTS ARISING FROM (I) IMPROPER INSTALLATION OF THE PRODUCT; OR (II) ANY USE OF THE PRODUCT FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY ORBIT; OR (III) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY ORBIT; OR (IV) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT AFTER THE DATE OF PURCHASE; OR (V) FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WHICH ARISE EXCLUSIVELY ON UNSUPPORTED BROWSERS.
13. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE PRODUCTS AND/OR THESE TERMS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
14. You agree that you will not bring a claim under or related to these Terms more than twelve (12) months from when your claim first arose.
Governing Law and Jurisdiction
15. These Terms shall be governed and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. You consent to the exclusive jurisdiction of the courts of the Province of British Columbia in respect of any claim you may have against Orbit. Notwithstanding the foregoing, Orbit may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by Orbit through injunctive relief and other equitable remedies without proof of monetary damages.
16. Orbit reserves the right, at any time and without cost, charge or liability, to terminate these Terms and your licenses and rights to use the Products in the event you fail to comply with the terms and conditions of these Terms.
17. If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
18. You agree that if Orbit does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Orbit has the benefit of under any applicable law), this will not be taken to be a formal waiver of Orbit’s rights and that those rights or remedies will still be available to Orbit.
19. The following will survive any actual or purported termination or expiry of these Terms and continue in full force and effect: Sections 4, and 10 through 20.
20. These Terms are the entire agreement between you and Orbit related to the subject matter in these Terms. These Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by Orbit, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact Orbit by email at email@example.com or by mail at 200 – 535 Yates St, Victoria, BC V8W 2Z6.