These Terms of Service ("Terms") cover your use of and access to Search for Anything, Anytime, anywhere using Digital
Orbit. You can search businesses, get phone numbers, addresses, shop and service profiles, important contact and also
digital collections etc. (collectively, the "Services") Digital Orbit App works as a one stop solution for all your
daily needs like local shop, restaurants, hotels, doctors, electronics stores, plumber, electrician etc.
Please read this Agreement (as defined below) carefully! It includes important information about your legal rights,
and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, the
resolution of disputes by arbitration and a class action waiver. If you do not agree with the terms of use, please do
not access this platform for any services
By using or accessing the Services, you're agreeing to these Terms, our Product Specific Terms, and our Copyright
Policy, (collectively, this “Agreement”). If you're using the Services for or on behalf of our marketing agent, you're
agreeing to this Agreement on behalf of that marketing agent, and you represent and warrant that you can do so.
References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all
the terms in this Agreement, you may not use or access the Services.
If you are a resident of or have your principal place of business in the India or any of its territories or
possessions (the “India”), you are agreeing to this Agreement with Digital Orbit app and are an “Indian User”.
The services offered Digital Orbit app under the Terms of Service include various products and services to help you to
start and promote your business and manage it from anywhere, whether online (“Online Services”) by enabling you to
create and build your own online store. Any such services offered by Digital Orbit app are referred to in these Terms
of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject
to the Terms of Service. When you access or use any of the Platforms you agree to be bound by these Terms and
Conditions ("Terms").
- Creating Accounts
To access and use the Services, you must register for an account (“Account”) through our marketing agent. To
complete your Account registration, you must provide us with your full legal name, business address, phone number,
a valid email address, and any other information indicated as required. Digital orbit will reject your application
for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside
and from which you use the Services to open an Account.
1.1. Signing Up. To use many of the Services, you must first create an account (“Account”). Different parts of the
Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to
date information for your Accounts. We may need to use this information to contact you.
1.2. You confirm that you are receiving any Services provided by Digital orbit for the purposes of carrying on a
business activity and not for any personal, household or family purpose.
1.3. Staying Safe. Please safeguard your Accounts and make sure others don't have access to your Accounts or
passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any
activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable
for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us
if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or
otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
1.4. Eighteen and Older. The Services are not intended for and may not be used by children under the age of 18. By
using the Services, you represent that you're at least 18. If you’re under the age of 18, depending on where you
live, you may need to have your parent or guardian’s consent to this Agreement and they may need to enter into
this Agreement on your behalf.
1.5. You agree not to access the Services or monitor any material or information from the Services using any
robot, spider, scraper, or other automated means.
1.6. Subject to Section1.1.6, the person signing up for the Service by opening an Account will be the contracting
party (“Advertiser”) for the purposes of our Terms of Service and will be the person who is authorized to use any
corresponding Account we may provide to the Advertiser in connection with the Service. You are responsible for
ensuring that the name of the Advertiser (including the legal name of the company, if applicable) is clearly
visible on the website/application.
- Your Content
When you upload content to the website/application of Digital orbit, you still own it. You do, however, give us
permission to use it in ways necessary to provide, improve, promote and protect our services. For example, when you
upload a photo, you give us the right to save it and display it on your site or story at your direction. We also may
promote or feature your site or story, but you can opt out if you don’t want us to do that.
2.1. Your User Content Stays Yours. Users of the Services (whether you or others) may provide us with content,
including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials
(“User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve,
promote and protect the Services as described in this Agreement. User Content includes without limitation content you
post to Your Advertisement. "Your Advertisement" means the advertisement (including scheduling pages or Unfold stories
hosted on the Services) you create or publish using the Services.
2.2. Your License to Us. When you provide User Content via the Services, you grant Digital orbit. (including our
Third-Party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such
as those resulting from translations, adaptations or other changes we make so that User Content works better with the
Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited
purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights
you may have under applicable data protection laws.
2.3. You may not modify any Content you download or print from the Platform or make any additional representations or
warranty relating to it. Any attempt to modify shall be treated as hacking.
2.4. You are solely responsible for the goods or services that you may provide through the said advertisement
(including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory
compliance, offers or promotional content), including compliance with any applicable laws or regulations.
2.4 You truthfully assert you have not infringed on anybody else's IPR including copyright in the creation of the
article. We are not responsible and / or liable for any loss to any visitor to the site who may violate your IPR and /
or distribute your IPR published Content without your permission.
- Your Responsibilities
You’re responsible for the content you publish on Digital orbit application., and you vouch to us that it’s all okay
to use. Please follow our rules and don’t do anything illegal with the services. Also keep in mind that what you
upload may be publicly viewable.
You may not use the Digital orbit application for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction including but not limited to copyright laws. You will comply with all
applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of
any license or permit that may be necessary to operate your store or that may be held by you) in your use of the
Service and your performance of obligations under the Terms of Service.
3.1. Only Use Content You’re Allowed to Use. You represent and warrant that you own all rights to your User Content or
otherwise have (and will continue to have) all rights and permissions necessary to use, share, display, transfer and
license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content
in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the
rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights,
contract rights, trade secrets or any other intellectual property or proprietary rights. Also, content on the Services
may be protected by others' intellectual property, trade secret or other rights. Please don't copy, upload, download
or share content unless you have the right to do so.
3.2. Follow the Law. You represent and warrant that your use of the Services is in compliance with applicable laws,
including without limitation applicable export or import controls and regulations and sanctions.
3.3. Share Responsibly. The Services let you share User Content including without limitation on social media and the
open web, so please think carefully about your User Content. We’re not responsible for what you share via the
Services.
3.4. Your Advertisement and Your End Users Are Your Responsibility. Your Advertisement may have their own visitors,
customers and users (“End Users”). You understand and agree that (a) Your Advertisement and your End Users are your
responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c)
you’re solely responsible for compliance with any laws or regulations related to Your Advertisement and/or your End
Users. We’re not liable for, and won’t provide you with any legal advice regarding, Your Advertisement or your End
Users. This does not limit or affect any liability we may have to you separately for any breach of the other
provisions of this Agreement.
3.5. Digital Orbit application has not reviewed, and cannot review, all of the material, including computer software,
posted to the platform, and cannot therefore be responsible for that material's Content, use or effects. By operating
this Platform, Digital Orbit does 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 mobile systems from viruses, and other harmful or destructive Content.
3.6. This Platform may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content
containing technical inaccuracies, mistakes, and other errors. This Platform 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.
- Third-Party Services and Advertisement, User Content, Digital Orbit Application
If you use or connect another service on or to Digital Orbit Application follow a link to another site or work with
someone you find on or through Digital Orbit Application (such as a specialist or Circle member), what happens is
between you and them. We’re not responsible for it or what either of you do. There’s also a lot of content on Digital
Orbit Application uploaded by our users (like you). We’re not responsible for that either.
4.1. Third-Party Services. The Services are integrated with various third-party services and applications
(collectively, “Third-Party Services”) that may make their content, products or services available to you. Examples of
Third-Party Services include certain domain name registration services, social media platforms, Digital orbit.
Specialists (as defined below), eCommerce Payment Processors (as defined below), extensions listed on Digital orbit.
Extensions (as defined below) and other integrations or extensions, stock images and email service subscriptions for
sale via the Services and other integration partners and service providers. These Third-Party Services may have their
own terms and policies, and your use of them will be governed by those terms and policies. We don't control
Third-Party Services, and we’re not liable for Third-Party Services or for any transaction you may enter into with
them, or for what they do. When using Third-Party Services, your security is your responsibility. You also agree that
we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove
any Third-Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation
for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses
you may incur or otherwise experience as a result (except were prohibited by applicable law).
4.2. Third-Party Advertisement. The Services may contain links to Third-Party advertisement. When you access
Third-Party advertisement, you do so at your own risk. We don’t control and aren’t liable for those advertisement and
what those third parties do.
4.3. User Content. The Services or advertisement created using the Services may contain User Content: (a) that is
offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy,
publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers
or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional
terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By
operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we
believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not
liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other
users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network,
from User Content accessed via the Services.
4.4. Digital orbit. Extensions. Our Services may include an extensions directory which enables you to access and
connect certain Third-Party Services to Your Advertisement (such directory and functionality for accessing and
connecting, “Digital orbit. Extensions”). You decide (not us) to connect, enable or use such Third-Party Services.
We’re not a party to, and we aren’t liable for, the Third-Party Services connected to Your Advertisement via Digital
orbit. Extensions or otherwise. In accordance with Section 4.1, the relationship for these Third-Party Services is
strictly between you and the applicable third party, and your use of such Third-Party Services is governed by the
applicable Third-Party terms and policies. Any information that a Third-Party Service collects, stores and processes
from you or Your Advertisement will be subject to such Third-Party Service’s terms of service, privacy notice, or
similar terms, and will not be subject to our Privacy Policy. Therefore, please evaluate and ensure you trust a
Third-Party Service prior to connecting Your Site to its services. The inclusion of Third-Party Services on Digital
orbit. Extensions shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the
Third-Party Services by Digital orbit. The Third-Party Services are solely responsible for providing all support,
maintenance and technical assistance to you with respect to their services (including their interoperation with Your
Advertisement).
- Confidentiality
6.1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a
party’s business and not publicly known, including specific business information, technical processes and formulas,
software, customer lists, prospective customer lists, names, addresses and other information regarding customers and
prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other
unpublished financial information, business plans and marketing data, and any other confidential and proprietary
information, whether or not marked as confidential or proprietary. Digital Orbit’s Confidential Information includes
all information that you receive relating to us, or to the Services that is not known to the general public including
information related to our security program and practices.
6.2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its
obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each
party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to
protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential
Information, other than (i) by or to its employees, agents and subcontractors who must have access to such
Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential
Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at
least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of
proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if
legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially
reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall
not include any information that the receiving party can prove: (A) was already in the public domain, or was already
known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is
independently developed by the receiving party without use of or reference to the other party’s Confidential
Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by
the receiving party from a source other than the disclosing party without breaching any provision of these Terms of
Service.
- Restriction on Registration.
Your advertisement shall not be engaged in any of the following activities:
i. Adult goods and services pornography and other sexually suggestive materials (including literature, imagery and
other media); escort or prostitution services
ii. Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
iii. Body parts organs or other body parts
iv. Bulk marketing tools email lists, software, or other products enabling unsolicited email messages (spam)
v. Cable descramblers and black boxes and devices intended to obtain cable and satellite signals for free
vi. Child pornography and pornographic materials involving minors
vii. Copyright unlocking devices Mod chips or other devices designed to circumvent copyright protection
viii. Copyrighted media and unauthorized copies of books, music, movies, and other licensed or protected materials
ix. Copyrighted software and unauthorized copies of software, video games and other licensed or protected materials,
including OEM or bundled software
x. Counterfeit and unauthorized goods including replicas or imitations of designer goods; items without a celebrity
endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other
potentially unauthorized goods.
xi. Drugs and drug paraphernalia including illegal drugs and drug accessories, including herbal drugs like salvia and
magic mushrooms
xii. Drug test circumvention aids and drug cleansing shakes, urine test additives, and related items
xiii. Endangered species, plants, animals or other organisms (including product derivatives) in danger of extinction
xiv. Gaming/gambling lottery tickets, sports bets, memberships/ enrolment in online gambling advertisement, and
related content
xv. Government IDs or documents, fake IDs, passports, diplomas, and noble titles
xvi. Hacking and cracking materials manuals, how-to guides, information, or equipment enabling illegal access to
software, servers, web advertisement, or other protected property
xvii. Illegal goods materials, products, or information promoting illegal goods or enabling illegal acts
xviii. Miracle cures, unsubstantiated cures, remedies or other items marketed as quick health fixes
xix. Offensive goods literature, products or other materials that: a)Defame or slander any person or groups of people
based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c)
Promote intolerance or hatred.
xx. Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals
xxi. Prescription drugs or herbal drugs or any kind of online pharmacies drugs or other products requiring a
prescription by a licensed medical practitioner
xxii. Pyrotechnic devices and hazardous materials, fireworks and related goods; toxic, flammable, and radioactive
materials and substances
xxiii. Regulated goods air bags; batteries containing mercury; Freon or similar substances/refrigerants;
chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement
equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment;
goods regulated by government or other agency specifications
xxiv. Securities stocks, bonds, or related financial products
xxv. Tobacco and cigarettes, cigars, chewing tobacco, and related products
xxvi. Traffic devices radar detectors/jammers, license plate covers, traffic signal changers, and related products
xxvii. Weapons firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
xxviii. Wholesale currency, discounted currencies or currency exchanges
xxix. Live animals
xxx. Multi-Level Marketing collection fees
xxxi. Matrix advertisement or advertisement using a matrix scheme approach
xxxii. Work-at-home information
xxxiii. Drop-shipped merchandise
xxxiv. Any product or service, which is not in compliance with all applicable laws and regulations whether federal,
state, local or international including the laws of India
- Our Intellectual Property
8.1 Digital Orbit is protected by various intellectual property laws. This section summarizes what we own and how we
share. We do not claim ownership of the Materials you provide to Digital Orbit however we do require a license to
those Materials. You grant Digital Orbit a non-exclusive, transferable, sub-licensable, royalty-free and license to
host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by
telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any
Materials provided by you in connection with the Services. We may use our rights under this license to operate,
provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You
irrevocably waive any and all moral rights you may have in the Materials in favour of Digital Orbit and agree that
this waiver may be invoked by anyone who obtains rights in the materials through Digital Orbit, including anyone to
whom Digital Orbit may transfer or grant (including by way of license or sublicense) any rights in the Materials.
8.2 The Services are, as between you and Digital Orbit, owned by Digital Orbit., and are protected by copyright, trade
secret, trademark and other Indian laws. This Agreement doesn't grant you any right, title or interest in the
Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade
secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative
works of the Services or others’ User Content.
8.2. We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but
you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is
terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
8.3. Our Demo Content. We may provide templates or other products featuring demo content, including without limitation
text, photos, images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or
inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not remain on Your Site or be
distributed, publicly displayed, publicly performed or otherwise published.
8.4. Templates. The Services include social, website/application or other templates (collectively, “Templates”). The
Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements and other
materials. Digital orbit owns the Templates. You may not use any Template in any way, intentional or otherwise, that
competes, as determined by us in our sole discretion, with the Services.
8.5. Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those
Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our
other Services.
8.6. You acknowledge and agree that the Terms of Service do not give you any right to implement Digital orbit
copyright.
- Our Rights
To operate effectively and protect the security and integrity of Digital orbit, we need to maintain control over our
services.
9.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole
discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change
parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services;
(c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may
terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Advertisement; and (e)
we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by
law where you live, we may revoke your right to use the Services in that jurisdiction).
9.2. Ownership Disputes. Sometimes ownership of an Account or site is disputed between parties, such as a business and
its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the
right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site
ownership and to transfer an Account or site to such owner. Our decision in that respect is final. If we feel that we
can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or advertisement until the
disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit
card invoice or business license, to help determine the rightful owner.
- Privacy
Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to
read it carefully, but note it is not part of this Agreement and can change. It is really important that you comply
with data protection laws when using the services, such as when you collect others’ personal information or use
cookies or similar technologies (including those we drop for you at your request, such as for web analytics). Our Data
Processing Addendum explains how we handle, on your instructions, others’ personal information you collect using the
services or any of your User Content which contains others’ personal information.
10.1. Privacy Policy. By using the Services, you confirm that you have read and understood our Privacy Policy.
However, it is not a contractual document and does not form part of this Agreement and we may change it from time to
time.
10.2. You Must Comply with Data Protection, Security and Privacy Laws. You agree and warrant that you are solely
responsible when using Your Advertisement or the Services for complying with applicable data protection, security and
privacy laws and regulations, including any notice and consent requirements. This includes without limitation the
collection and processing by you of any personal data, when you use Your Advertisement and the Services to send
marketing and other electronic communications to individuals and when using cookies and similar technologies on Your
Advertisement (including, in particular, those which we place for you at your request as part of the Services, such as
to undertake analytics for you).
10.3. Privacy Policies. If applicable law requires, you must provide and make available to your End Users on Your
Advertisement a legally compliant privacy policy.
10.4. Cookies and Similar Technologies. If applicable law requires, you must provide and make available to your End
Users on Your Advertisement a legally compliant cookie policy. You must capture valid consent, both for you and us,
for any cookies or similar technologies used on or through your advertisement.
10.5. Protect and Improve the Services. You agree that we may protect and improve our Services through analysis of
your use of the Services, your End Users’ use of Your Advertisement and/or analysis of you and your End Users’
personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires,
you must explain this in your privacy policy.
- Copyright
We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.
- Paid Services and Fees
Pricing for the services will be as described in the respective page of platform.
12.1. Fees. You can access certain portions of the Services by submitting a fee payment (such services, “Paid
Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll
tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services.
If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid
Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you
about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, within your
account Payment Processor account(s), unless otherwise indicated.
12.2. Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid
Services from the date you submit your initial payment and on each renewal period or amount afterwards until
cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription.
For example, if you're on a 12 months subscription plan, each billable renewal period will be for twelve (12) months.
We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing
to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that
includes auto-renewal payments. You can disable auto-renewal at any time via contacting us at our email id
_______________.
12.3. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole
discretion, or if legally required.
12.4. Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via
the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to
reject the change by cancelling the applicable Paid Service before your next payment date.
12.5. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the
charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions
about a payment made to us, we encourage you to contact _____________________before filing a Chargeback. We reserve
our right to dispute any Chargeback.
12.6. Our Payment Processor. We use Third-Party payment processors (each, a “Payment Processor”) to bill you through a
payment account linked to your Account. The processing of payments will be subject to the terms, conditions and
privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is
________________________, and your payments are processed by __________________ in accordance with there respective
terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices
then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the
payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to
correct, any errors or mistakes, even if payment has already been requested or received.
12.7. Upon completion of sign up for the Service, Digital orbit application will create a ____________________ account
on your behalf, using your email address. Depending on your location, Digital orbit application may also create a
digital orbit Payments account on your behalf. You acknowledge that ___________________ and/or Digital orbit. Payments
will be your default payments gateway(s) and that it is your sole responsibility as the Advertiser to activate and
maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility
to deactivate them. For the avoidance of doubt, ___________________ is a Third-Party Service.
12.8. Fees for Third-Party Services. Third-Party Services purchased via the Services may be subject to different
refund or other policies that those Third-Party Services determine, and such Third-Party Services may be
non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase
process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability
to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we don’t
offer refunds for purchases of Third-Party Services.
12.9. The Payment Services may contain links to third-party web advertisement or resources ("Third-Party Services").
Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should
review them independently. Digital orbit application is not responsible or liable for the availability or accuracy of
such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to
such Third-Party Services are not an endorsement by Digital Orbit of such Third-Party Services.
- Term and Termination
13.1. Either of us can end this agreement at any time. This Agreement will remain in effect until terminated by either
you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or
discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their
functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use
of part or all of the Services if you're violating these Terms. We will endeavour to provide you reasonable notice
upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should
survive termination shall survive termination, including without limitation the following sections in these Terms and
any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty
Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.
13.2. If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one
final invoice via email. Once that invoice has been paid in full, you will not be charged again.
13. Warranty Disclaimers
Your use of this Platform is at your own risk. This Platform is provided by Digital Orbit on an "as is" and "as
available" basis. To the full extent permissible by applicable law, application disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and
non-infringement.
You acknowledge that any warranty that is provided in connection with any of the advertisement or services made
available on or through this Platform is provided solely by the owner, advertiser or manufacturer of that store and /
or service and not by Digital Orbit.
No advice or information, whether oral or written, obtained by you from Digital Orbit, shall create any warranty.
Digital Orbit warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet
your requirements or expectations; or (c) be free from viruses or other harmful components.
13.2. Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 11.1, so
they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable law. You may
have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory
laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by
applicable law.
- Limitation of Liability
If something bad happens as a result of your using Digital Orbit our liability is capped. You acknowledge and agree
that to the fullest extent permitted by applicable law, in no event will Digital Orbit and its affiliates and its and
their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the
Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages;
(b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related
to your access to, use of or inability to access or use parts, some or all of your Account, Your Advertisement or
parts or all of the Services, including without limitation interruption of use or cessation or modification of any
aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized
access or, unauthorized alteration of, any content, information or data, including without limitation User Content and
Your data; (e) any User Content or other conduct or content of any user or Third-Party using the Services, including
without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third-Party Services or
Third-Party advertisement accessed via the Services. These limitations apply to any theory of liability, whether based
on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Digital Orbit has
been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have
failed its essential purpose. Notwithstanding anything expressed hereinabove, the maximum liability for Digital orbit
under this terms of use or otherwise shall be the refund of the money collected from you for any specific service,
under which the liability arises.
- Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Digital Orbit and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Advertisement; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Digital orbit application may be held jointly and severally liable.
- Dispute Resolution
16.1 If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or
its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
16.2. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred
to arbitration under the Arbitration and Conciliation Act, 1996.
16.3 The arbitration shall be conducted by a sole arbitrator, appointed by Digital Orbit application. The place of
arbitration shall be in Mumbai, India and it shall be conducted in English.
16.4 The award of the arbitrator shall be final, conclusive and binding upon the parties
The courts in Mumbai shall have exclusive jurisdiction in relation to any dispute arising between the User and the
Service Provider with Digital Orbit.
16.5 The User and Service Provider agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to the use of this Platform or these Terms and Conditions must be filed within one
(1) month. Any claim or cause of action which may arise or is filed after a period of one month from the date of
transaction shall not be entertained and shall be barred.
- Additional Terms
This section includes some additional important terms. For instance, this Agreement is the whole agreement between us
regarding your use of Digital Orbit. Depending on where you reside or have your place of business, this Agreement is
governed by Indian law. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and
an opportunity to cancel.
17.1. Entire Agreement. This Agreement constitutes the entire agreement between you and Digital Orbit regarding the
subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms
and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have
no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out
in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use
other services, including Third-Party Services. This Agreement creates no Third-Party beneficiary rights, and no
Third-Party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except
otherwise agreed upon in additional terms between you and a Digital Orbit).
17.2. Waiver, Severability and Assignment. Our failure or delay to enforce any provision of this Agreement is not a
waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining
provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as
possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder
without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this
Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or
subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days
prior written notice.
17.3. Modifications. We may modify this Agreement from time to time, and will post the most current version on our
site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or
displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new
terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after
any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree
with our changes, then you must stop using the Services and cancel all Paid Services.
17.4. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or
partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our
reasonable control. This may include where such results from any act of God, fire, act of government or state or
regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever
reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications,
failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our
reasonable control.