By accessing or using the applications and services owned or operated by Global Shopping Network Pty Ltd (Orbit), whether through our software app(s) or website (our "Services"), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms").
IF YOU DONOT ACCEPT THESE TERMS, DONOT USE THE ORBIT APP, VISIT findorbit.com OR USE THE ORBIT SERVICE.
We may modify the Terms at any time, in our sole discretion. Unless indicated otherwise, if you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion. For residents of certain countries, you agree to the amicable dispute resolution described in Section 30 to resolve disputes with Orbit.
License Subject to your compliance with these Terms, Orbit grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
Downloading Our App When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
Creating an Account In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
We may allow you to purchase Orbit hardware products ("Products") through our Services. We may also require that you purchase a subscription to use certain features of the Services (a “Premium Membership”). By purchasing Products or a Premium Membership (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by Payment Information that you provide us. You acknowledge and agree that we have no liability with respect to any act or omission by your payment provider. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
No Refunds for Services
Individual Subscribers may cancel Services at any time; however, there are no refunds for any unused time. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Individual Subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle an Individual Subscriber to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you purchase a Premium Membership, you will be charged a subscription fee, plus any applicable taxes and other charges (a “Subscription Fee”), at the beginning of your Premium Membership, and at the start of each billing period thereafter, at the then-current Subscription Fee. You may elect to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). If you choose a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the Payment Information you have provided until you cancel your Monthly Subscription. If you choose an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the Payment Information you have provided until you cancel your Annual Subscription. If you have an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We reserve the right to change our Subscription Fees for Monthly and Annual Subscriptions. We will provide you advance notice of any increase in the Subscription Fees applicable to your Premium Membership.
You may change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, by contacting us via http://help.findorbit.com, if you signed up on findorbit.com, or via the applicable App Store where you downloaded the App, if you signed up through the App. If you change your Monthly Subscription to an Annual Subscription, or your Annual Subscription to a Monthly Subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew on an annual basis. If you change from an Annual Subscription to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.
Cancellation of a Premium Membership
YOUR PURCHASE OF A PREMIUM MEMBERSHIP IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND AT ANY TIME. But if something unexpected happens in the course of completing the Transaction for your purchase of a Premium Membership, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
Without limiting the foregoing, you may cancel your Premium Membership at any time, but please note that such cancellation will be effective at the end of the then-current Monthly or Annual Subscription period. If you signed up on Orbit.com, you may cancel your Premium Membership by logging into your account at https://www.theOrbitapp.com/dashboard/premium and selecting “Cancel Subscription.” If you signed up through the App, you may cancel your Premium Membership via the applicable App Store where you downloaded the App. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current subscription period. If you cancel, your Premium Membership will continue until the end of your then-current subscription period and will then terminate without further charges.
We may offer you a free trial period at the start of your Premium Membership (a “Free Trial Period”). The Free Trial Period for your Premium Membership will last for the period of time specified when you signed up. When you try our Premium Membership through a Free Trial Period, you must create an account and provide your Payment Information. By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your Premium Membership and terminate your Free Trial Period. You may cancel your Premium Membership, as described in these Terms, at any time before the end of the Free Trial Period. You will not be charged a Subscription Fee after you cancel your Premium Membership.
Alerts and Notification
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
You understand and agree that any alerts, notifications, communications or messages provided to you, by you or on your behalf through the Service may be delayed or prevented by a variety of factors. Orbit does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert.
YOU AGREE THAT ORBIT AND ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, USERS, VENDORS, SPONSORS, CONTRACTORS, ADVERTISERS, DEVICE MANUFACTURERS, DISTRIBUTORS, RESELLERS, RETAILERS, BUSINESS PARTNERS, LICENSORS AND ALL EMERGENCY RESPONDERS, PROFESSIONAL MONITORING PROVIDERS AND ALL OTHER INDIVIDUALS, MUNICIPALITIES, AGENCIES OR ENTITIES PROVIDING AID OR ASSISTANCE IN CONNECTION WITH AN ALERT, OR ANY OF THE SUCCESSORS OR ASSIGNS OF THE FOREGOING (EACH A “RELEASED PARTY” AND COLLECTIVELY THE “RELEASED PARTIES”) SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURE TO DELIVER, OR MISDIRECTED DELIVERY OF ANY ALERT; FOR ANY ERRORS IN THE CONTENT OF AN ALERT; OR FOR ANY ACTIONS TAKEN OR NOT TAKEN BY YOU, ANY RELEASED PARTY OR ANY OTHER THIRD PARTY IN RELIANCE ON OR IN CONNECTION WITH AN ALERT.
Professional Monitoring Services
The Services, including Professional Monitoring, are not a substitute for 911. Orbit does not provide or perform Professional Monitoring and all such services are performed by a licensed third-party provider.
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
Use The Orbit Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Orbit Service, but we make no endorsement, representation or warranty of any kind about the Orbit Service including the activation of any alerts by you, any Orbit Content, information, services or recommendations. The accuracy of the data collected and presented through the Orbit Service is not intended to match that of public or other private emergency services.
Without limiting anything in the preceding paragraph, Orbit is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive or send through the Orbit Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. Use of the App also requires a data service, Bluetooth connection between the Orbit device and your smartphone, and a cellular connection. If you rely on any Orbit Content or the Orbit Service, you do so solely at your own risk.
Please review the Orbit Service General Disclaimer and the Orbit Limited Warranty so that you fully understand these limitations on the Orbit Service and your use of any Products and Orbit Apps.
Use Common Sense
Use of the Orbit Service (including but not limited to any Product and any Orbit App) should not replace your good judgment and common sense (and that of your Orbit contacts that you designate in any Orbit App and any other members of the Orbit community). Please read and comply with all safety and cautionary notices that accompany your Product and/or the Orbit Service, including those located on the Product packaging and insert, as well as any other notices posted on any part of the Orbit Service.
You agree not to do any of the following:
Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
Intercept or "sniff" the communication packets between the Orbit hardware and mobile devices or attempt to reverse engineer the Orbit Bluetooth Low Energy profile or Orbit protocol;
Access, tamper with, or use non-public areas of the Services, Orbit's computer systems, or the technical delivery systems of Orbit's providers;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Orbit or other generally available third party web browsers;
Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Violate any applicable law or regulation, including by stalking , harassing , or tracking others for unlawful or criminal purposes.
Encourage or enable any other individual to do any of the foregoing.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on our Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be sent to our Copyright Agent either via email at firstname.lastname@example.org or by mail addressed to Copyright Agent, Orbit, PO Box 2326 Bondi Junction NSW 1355 Australia.
Third Party Links
Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
Orbit Does Not Control Third-Party Services That You Link With Your Orbit Account
You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
Orbit Hardware Limited Warranty
Orbit may offer a warranty for your Product. For information about the warranty that may apply to your Product, and warranties related to a Premium Membership, please visit https://findorbit.com/warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction and which are not varied by this clause to the extent to do so would breach such applicable law.
Disclaimer of Warranty for App and Services
We will use reasonable efforts to correct any discovered defects in the App or Services. However, to the maximum extent permitted by applicable law, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and, to the maximum extent permitted by applicable law, we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE YOUR LOST PERSONAL ITEMS (SUCH AS KEYS, WALLETS, AND BACKPACKS) WITHIN A CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to the longer of thirty (30) days from the date of your first use or the minimum duration allowed by law.
Limitation of Liability
Without limitation of any of the foregoing disclaimers, you hereby waive and shall not assert any claims, allegations, complaints or causes of action of any nature whatsoever against the Released Parties arising out of, or in any way relating to, use of the Service or the Orbit Content.
YOU UNDERSTAND AND ACKNOWLEDGE THAT Orbit AND EACH RELEASED PARTY IS NOT AN INSURER OF PERSON, LIFE, LIMB, OR PROPERTY AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY, LIFE LOSS, AND PROPERTY LOSS OR DAMAGE SHALL BE OBTAINED BY YOU IN SUCH AMOUNTS AND COVERING SUCH PERILS AS YOU MAY DETERMINE. YOUR USE OF THE Orbit CONTENT AND THE SERVICE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Orbit OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONSORTIUM OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL Orbit OR ANY RELEASED PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Orbit AND THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) LIFE LOSS, BOLDILY INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Orbit OR ANY RELEASED PARTY BE LIABLE TO YOU OR YOUR SUCCESSORS OR PERMITTED ASSIGNS IN THE AGGREGATE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $50.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, MALPRACTICE, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Orbit OR A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you. For instance, certain legislation in Australia provides consumer guarantees or impose obligations on Orbit which cannot be excluded, restricted or modified, or only to a limited extent. These Terms of Service are subject to such legislation, including without limitation the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010.
Additional Terms May Apply
Additional terms may apply to certain Orbit products or services. In the event that there is a conflict between these Terms and any such additional terms, the additional terms will control.
Third Party Trademarks
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Orbit, Inc. is under license. All other trademarks and trade names are properties of their respective owners.
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
Consumers based in England may bring legal proceedings in connection with these Terms in the English courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Orbit or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
If you have any questions about these Terms, please contact us at email@example.com