(effective April 2, 2020)
Eligibility for Use and Access
Use of any App, Website and/or Solution is not available to persons under the age of twenty-one (21) lunar years. In order to ensure First Orion is forming a legally binding contract and that you are not a minor that can purchase unsuitable content, you represent that you are twenty-one (21) lunar years of age or over the twenty-one (21) lunar years before you use such App, Website and/or Solution. Without prejudice to any other rights and remedies of First Orion under this Agreement or at law, First Orion reserves the right to limit or withdraw access to any App, Website and/or Solution or the right of any person to use the App, Website and/or Solution if First Orion believes that person is under the age of twenty-one (21) lunar years. The Apps, Websites and/or Solutions are not available to persons whose rights to use or access has been suspended or withdrawn by First Orion. Further, if you are registering as a business entity, you represent that you have the authority and capacity to bind that entity to this Agreement and that you and the business entity will comply with all applicable laws relating to the subject matter.
Conducting General Business
You grant First Orion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us in the registration, using, process, in the feedback area or through any e-mail or by way of any other feature or use of any Website, App, or Solution for the purposes of this Agreement.
Updates and Changes
First Orion reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement to impose new or additional rules, policies, terms or conditions on the use of its Websites, Apps, and Solutions. In addition, from time to time we may automatically update and change any Website or App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update an App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, and/or the functionality and performance of the App may be reduced.
License to Use First Orion Apps and Solutions
Subject to the restrictions set forth in this Agreement, First Orion grants you a non-transferable, non-exclusive, limited, revocable personal license without rights to sublicense to use a First Orion App or Solution in accordance with the terms set out in this Agreement until such license is terminated.
You may not transfer an App to someone else. If you download an App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the device.
Your Use of First Orion Apps
You may download a copy of an App onto your mobile telephone devices and view, use and display the App on such devices for your personal purposes only. You agree that you will:
- Not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Not translate, merge, adapt, vary, alter or modify the App, in whole in or part, or permit the App (or any part of the App) to be combed with or become incorporated in, any other programs (except as necessary to use the App on devices as permitted in this Agreement);
- Not access the source code of the App, nor disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such things to the App, to the extent such activities can be restricted by law.
Acceptable Use Restrictions
As a condition of use of any Website, App or Solution, you agree that you will:
- Not use any Website, App or Solution in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies or harmful data into any App or Website or any operating system;
- Not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Not infringe our intellectual property rights or those of any third party in relation to your use of any Website, App or Solution;
- Not transmit any material that is offensive, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment or otherwise objectionable in relation to your use of any Website, App or Solution;
- Not use any Website, App or Solution in a way that could damage, disable, overload, impair or compromise our systems or security or interfere with other users;
- Not collect or harvest any information or data from any Website or our systems or attempt to decipher any transmissions to or from the servers running the Websites, Apps or Solutions;
- Not use any Website, App or Solution to solicit participation in public discussion, debate, comment or activity;
- Not provide false or misleading information about yourself, your business or create a false identity, or provide information that is not factual in nature including without limitation any racist information or statements, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate information, or to provide obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent
- Not provide information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest, or which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- Not provide any Information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Sharia law, rules, morals, values, ethics and traditions.
- Not provide any information or content which may (in our sole discretion) threaten national security;
- Not provide any information or content which may (in our sole discretion) constitute or be considered to promote gambling; and.
- Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any of the Websites, Apps or Solutions.
Intellectual Property Rights
All intellectual property rights in our Websites, Apps, and Solutions throughout the world belong to First Orion (or our licensors) and the rights to use them are licensed to you (not sold). You have no intellectual property rights in, or to, any Website, App or Solution (including, but not limited to, any information, data, material, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files) other than the right to use them solely for your own personal use, in accordance with the terms of this Agreement. Republication or redistribution of the content, including by framing or similar means, is prohibited.
It is technically impracticable to provide a fault-free service and First Orion does not undertake to do so. In the event of a fault, First Orion will attempt to restore functionality as soon as is reasonably practicable. Access to any Website, App or Solution may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
We may terminate your rights to use any Website, App or Solution at any time, for any reason or no reason. Cause for such termination may include (a) a breach by you of the terms of this Agreement or your engagement in fraudulent or illegal activities, (b) a request by law enforcement or other government agencies, and/or (c) unexpected technical or security issues or problems.
If we terminate your rights to use a Website, App or Solution:
- You must stop all activities authorized by this Agreement, including your use of the Website, App or Solution.
- You must delete or uninstall the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
Our responsibilities for loss or damage suffered by you
THE USE OF ANY WEBSITE, APP, OR SOLUTION IS AT YOUR OWN RISK. FIRST ORION AND ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING ITS WEBSITES, APPS, AND SOLUTIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, FIRST ORION AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) ANY WEBSITE, APP, OR SOLUTION WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITES, APPS, OR SOLUTIONS WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH A WEBSITE, APP, OR SOLUTION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN A WEBSITE, APP, OR SOLUTION WILL BE CORRECTED. FURTHERMORE, YOU ACKNOWLEDGE THAT FIRST ORION HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN ANY WEBSITE, APP, OR SOLUTION. YOU ACKNOWLEDGE THAT THE WEBSITES, APPS, AND SOLUTIONS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE WEBSITE, APP, OR SOLUTION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. FIRST ORION DOES NOT WARRANT THAT ANY FIRST ORION WEBSITE, APP, OR SOLUTION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE OR EQUIPMENT INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT THE DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT FIRST ORION AND ITS AFFILIATES, SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD ANY WEBSITE, APP, OR SOLUTION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
IF YOU HAVE PAID ANY FEE FOR USE OF THE WEBSITE OR AN APP OR SOLUTION, IN THE EVENT OF ANY FAILURE OF SUCH APP OR SOLUTION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY FIRST ORION, AND FIRST ORION MAY, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE WEBSITE, APP OR SOLUTION. FIRST ORION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE WEBSITE, APP OR SOLUTION.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL FIRST ORION OR ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSS OF OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFROMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, APP OR SOLUTION, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FIRST ORION SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE WEBSITE, APP OR SOLUTION OR YOUR USE OR POSSESSION THEREOF, INCLUDING, BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE WEBSITE, APP OR SOLUTION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (IV) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE WEBSITE, APP OR SOLUTION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
The Websites, Apps and Solutions are for domestic and private use. If you use a Website, App or Solution for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The Websites, Apps and Solutions are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from a Website, App or Solution. Although we make reasonable efforts to update the information provided by our Websites, Apps and Solutions, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
To the maximum extent permitted by law, you will indemnify Fist Orion, its affiliates, officers, employees, and agents against all costs, expenses and damages arising out of or in connection with (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, or (c) your use or misuse of a Website, App, or Solution.
Any dispute, claim or controversy arising out of or in connection with this Agreement, including any question regarding its existence or interpretation that cannot be amicably resolved between the parties shall be referred to and finally settled by arbitration in Dubai under the Dubai International Financial Centre (DIFC)- London Court of International Arbitration(LCIA) Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place, of arbitration shall be the DIFC. The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the LCIA Court. The language to be used in the arbitration shall be English. The award made by the arbitrator(s) shall be final and binding on the parties and may be enforced, if necessary, in the UAE courts. The foregoing provisions of this clause are without prejudice to the right of First Orion to seek interim relief at any time from any court of competent jurisdiction and First Orion shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so. This “Dispute Resolution” section will survive any termination of this Agreement.
Other important terms
- Assignment. You shall not assign this License or any rights or obligations herein without the prior written consent of First Orion and any attempted assignment in contravention of this provision shall be null and void and of no force or effect. You hereby grant First Orion the right to, and you irrevocably acknowledge and agree that First Orion may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this Agreement to any of its affiliates without requiring your further specific agreement. First Orion agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site.
- Waiver. The failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
- Data Protection. First Orion will comply with its obligations under applicable data protection legislation and maintain all relevant registrations and notifications, for the purposes of operating the Websites, Apps and Solutions.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
- Third Party Beneficiaries. Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
- Governing Law. This Agreement and your use of any Website, App, or Solution are governed by and construed in accordance with the applicable laws of Dubai Emirate and the Federal laws of the United Arab Emirates.
- Export. You are responsible for complying with all laws and regulations of UAE and any country from which you may access a Website, App, or Solution regarding access, use, export, re-export and import of any content appearing on or available through the Website, App, or Solution.
If you have any questions or concerns in relation to this Agreement please contact First Orion by sending paper mail to the address below or email us at the email address also provided.
First Orion Corp. DMCC
Attention: Legal Team
Mazaya Business Avenue BB1
Office 3005, Jumeirah Lakes Towers
Dubai, United Arab Emirates