Terms and Conditions

Welcome to Orbio Earth’s website. These terms and conditions (“Terms”) outline the rules and regulations for theuse of our website located at https://www.orbio.earth/ (“Website”). The Website is provided by Orbio Earth GmbH(“Orbio Earth”, ”we”, “us” or ”our”) including its affiliates, as an on-line service subject to your acceptance of theTerms set forth in this agreement (“Agreement”). This Website and information and materials presented on it areOrbio Earth’s property.Please read these Terms carefully before using the Website. By accessing or using the Website, you agree that you have read, understood, and have become legally bound by the Terms. If you do not agree to be bound by theseTerms, please do not use the Website and leave immediately.

Your Use of the Website

Subject to the Terms set forth herein and all applicable local laws and regulations, Orbio Earth grants you anon-exclusive, non-transferable, personal, revocable, limited licence to access, use and display this Website.

All Content included on the Website is the property of Orbio Earth, our affiliates or other relevant third parties.In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, pagelayout, underlying code and software and any other form of information capable of being stored in acomputer that appears on or forms part of this Website.

By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks,database rights and other intellectual property rights. Nothing on this Website shall be construed as granting,by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayedon the Website without the owner’s prior written permission.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise anylicence to any patent, trademark, or other intellectual property right of Orbio Earth or any third party. Anyunauthorised use of the Content may be a violation of applicable intellectual property laws and regulations,including without limitation applicable copyright and trademark laws and regulations.

You must not: republish material from the Website; sell, rent or sub-license material from the Website, reproduce, duplicate or copy material from the Website or redistribute content from the Website.

Prohibited Use

As a condition of your use of the Website, you warrant that you will not use the Website in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website or in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Hyperlinking to Our Content

The following organisations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organisations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and
  • System wide accredited businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organisations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Orbio Earth; and (d) the link is in the context of general resource information.

These organisations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organisations listed in paragraph 2 above and are interested in linking to our Website, you must inform us by sending an email to Orbio Earth at info@orbio.earth. Please include your name, your organisation name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please allow us 2-3 weeks to respond.

Approved organisations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Orbio Earth’s logo or other artwork will be allowed for linking absent a trademark licence agreement.

Access to Our Services

While Orbio Earth endeavours to ensure that the Website is normally available 24 hours a day, Orbio Earth shall not be liable if for any reason it is unavailable at any time or for any period.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Orbio Earth’s control.

Cookies & Privacy

Orbio Earth is committed to respecting your privacy and the privacy of all individuals using the Platform and the Services. More information regarding how Orbio Earth may use your personal data can be found in the Orbio Earth Privacy & Cookie Policy which is incorporated into these terms of use by reference.

Cookies are used by the Website to enable the functionality of certain areas to make it easier for people visiting the Website. Some of our affiliate/advertising partners may also use cookies.

If you are under 18 years of age, you may use the Platform only if you have legal parental or guardian consent to accept these Terms and are fully able to abide by them. Orbio Earth does not knowingly collect information from persons under the age of 18. If you are under 18, please do not submit any personally identifiable information to the Platform.

Links to Third Parties

Except as expressly provided for in the Agreement, Orbio Earth does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular use, title, noninfringement, or error-free or uninterrupted use of the Services or Software and (b) any representations about content or information accessible through the Services.

Disclaimers

While Orbio Earth endeavours to ensure that the content on the Platform is correct, Orbio Earth does not warrant the accuracy and completeness of such content. Orbio Earth may make changes to the content at any time without notice. The content may be out of date and Orbio Earth makes no commitment to update such material.

The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Orbio Earth provides you with the Platform and the Services on the basis that Orbio Earth excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the Website.

Indemnity

You agree to defend, indemnify and hold harmless Orbio Earth, its directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (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 any link(s) should appear on the Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights. This defence and indemnification obligation will survive these Terms and your use of the Website.

Limitation of Liability

Orbio Earth will not be liable for any damages or losses arising from your use of the Platform, including any which arises as a result of the Platform’s integration with any third-party product or technology, or arising under the Terms. To the maximum extent permitted by applicable law, in no event will Orbio Earth be liable to you for any loss of profits, interruption to business, harm to reputation, misuse of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising and whether or not we have been informed of the possibility of such damage, even if a remedy set forth in the Terms is found to have failed of its essential purpose. We will also have no liability for any failure or delay, including the failure of any integrated or ancillary third-party service used in conjunction with the Platform or for any failure of a third-party to keep safe any transactional information or other personal information about you.

Termination

Orbio Earth reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. Orbio Earth may also impose limits on certain features and services or restrict your access to parts of the Website without notice or liability.

Miscellaneous

As a condition of your use of the Website, you warrant that you will not use the Website in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website or in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

The Agreement is governed by and construed and enforced in accordance with the laws of the Federal Republic of Germany without regard to its rules on conflict of laws or any rules that would result in the application of a different body of law. The Parties agree to submit disputes arising under this Agreement to a court of competent jurisdiction in the Federal Republic of Germany.

To contact us in writing send your communication to us by email to Orbio Earth at info@orbio.earth.

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