Terms of Service

This document was last updated on 5th September 2017.

PLEASE READ THIS DOCUMENT CAREFULLY

1. Your Acceptance

1.1 This is an agreement between d3i Limited ("d3i") registered at Newport House, Newport Road, Stafford, Staffordshire, ST16 1DA (“Orbit”, the "Orbit Service", "Service" or the “Application”) and you, a user of the Service.

1.2 In order to use the Service, you must first agree to these Terms of Service (“Terms”) and Orbit’s Privacy Policy which are incorporated herein by reference. Your agreement will be confirmed by downloading the Application.

1.3 You affirm that you are over 18 years of age. If you are under 18 years of age, you are not permitted to use the Orbit Service.

2. Orbit Service and Your Account

2.1 These apply to all users of the Orbit Service.

2.2 Subject to your compliance with these Terms, Orbit hereby grants you permission to use the Service, provided that:

(i) your use of the Service as permitted is solely for your personal use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Orbit's prior written consent; (iii) you will not attempt to alter or modify any part of the Service; and (iv) you will comply with all applicable laws and regulations. 2.3 You acknowledge that from time to time the Orbit Service may be unavailable whilst we conduct maintenance and updates of the Application and the Service. We will endeavour to minimise such disruption. We do not guarantee that the Orbit Service will be available 24 hours a day, 7 days a week.

2.4 The Service may host information containing links to third party websites that are not owned or controlled by Orbit. Orbit has no control over and no responsibility for any third party websites. By using the Service, you expressly acknowledge and agree that Orbit shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

2.5 In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Orbit with certain information including your email address, as well as the email addresses of other parties you wish to use the Service with. When providing email addresses, you must provide accurate and complete information. You hereby give your express consent to Orbit to use the email addresses you provide for use of the Service. You may never use another person’s email address without their permission.

2.6 You must notify Orbit immediately of any breach of security or unauthorised use of your phone. Orbit will not be liable for your losses caused by any unauthorised use of your account.

2.7 If your account remains inactive for over six months, we may suspend your account.

3. Fees

Subject to the Terms, the Service is provided to you without charge. Orbit reserves the right to charge fees for future updates and improvements to the Service. We will notify you of any charges and seek your agreement to them before they are applied to your account.

4. Intellectual Property Rights

You acknowledge and agree that Orbit own or are licensors all the legal rights and interests in and to the Application, except all User Content Submissions (as defined below), subject to copyright and other intellectual property rights under English and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content Submissions of third parties obtained through the Service for any commercial purposes.

5. User Content Submissions

5.1 The Service permits the submission of information, status, text and other communications submitted by you and other users ("User Content Submissions") and the hosting, sharing, and/or publishing of such User Content Submissions.

5.2 You shall be solely responsible for your own User Content Submissions and the consequences of posting or publishing them.

5.3 You retain all of your ownership rights in your User Content Submissions.

5.4 By submitting the User Content Submissions, you consent to Orbit sharing non-personally identifying information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on Orbit.

5.5 In connection with User Content Submissions, you further agree that you will not:

(i) submit material that is copyrighted or subject to third party rights, including privacy rights; (ii) publish falsehoods or misrepresentations that could damage Orbit or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, sexually explicit, racially or ethnically offensive; (iv) impersonate another person; (v) promote any illegal activity; (vi) send or store material containing software viruses or other malware; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorised access to the Service or its related systems or networks.

5.6 Orbit reserves the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms.

5.7 Orbit will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Orbit ("User Content Submissions"). We have the right to remove any User Content Submissions at any time and for any reason.

6. Warranty Disclaimer

USE OF THE ORBIT SERVICE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ORBIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY VIRUSES OR MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. Orbit DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE.

7. Limitation of Liability

IN NO EVENT SHALL ORBIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR SERVERS, (III) ANY VIRUSES OR MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.

8. Indemnity

You agree to indemnify Orbit, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content Submissions caused damage to a third party.

9. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Orbit without restriction.

10. General

10.1 Orbit reserves the right to amend or modify these Terms at any time.

10.2 These Terms are governed and construed in accordance with English Law and each party hereby submits to the non-exclusive jurisdiction of the English Courts.