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ORBO’s TERMS OF USE

Welcome to Orbo.

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Orbo platform (hereinafter referred to as "BRANFEE").
Your use of the Orbo, its services and its tools are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference. By mere use of the Orbo, you shall be contracting with Modaviti eMarketing Private Limited and these terms and conditions, including the policies herein, constitute your binding obligations with Orbo.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a service user on the Orbo by providing Registration Data while registering on the Orbo as Registered User. The term "Orbo", "We", "Us", "Our" shall mean Modaviti eMarketing Private Limited and its affiliates.
Whenever You use any of the services provided by Us through the Orbo, including but not limited to providing reviews, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Orbo following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Orbo. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Orbo Policies including but not limited to Privacy Policy as amended from time to time.


  1. User Account, Password, and Security:

If You use the Orbo either through website or application, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not correct or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Orbo.
You agree to: 


a) Immediately notify Orbo of any unauthorized use / breach of your password or account, and

b) Ensure that you exit from your account at the end of each session.


  1. Services Offered:

Orbo provides a number of Internet-based services through the Orbo Website/Application. The main services, as provided, enables users to click their self images (hereinafter referred as “Selfies”) with the Orbo App Camera alongwith all their preferred merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively called as the "Products"). The users then earn Cashbacks and Orbo Point which gets activated only after you claim a successful Cashback Valid Selfie. Cashbacks are earned and credited to your Orbo Wallet on every campaigns, as organized by Orbo in collaboration with various brands. Offers on such Cashbacks vary from one brand to another, which inturn can be redeemed against any of the Citrus vendors (hereinafter referred as “Sellers”). Orbo does not warrant that Product description or other content of Orbo is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.


  1. Platform for Transaction and Communication:Orbo is not and cannot be a party to or control in any manner any transaction between the Orbo's Users. Henceforward:


a) Orbo does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the Sellers.


b) Orbo does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the Products or Services proposed to be sold or offered to be sold or purchased on the Orbo.

c) Orbo is not responsible for any non-performance or breach of any contract entered into between You and the Sellers. Orbo cannot and does not guarantee that You and/or the concerned Sellers will perform any transaction concluded on the Orbo platform.

d) At no time shall Orbo hold any right, title or interest over the Products nor shall Orbo have any obligations or liabilities in respect of such contract entered into between You and the Sellers.


e) The Orbo is only a platform that can be utilized by Users to reach a larger base by participating in campaigns for promotion of your preferred fashion brand(s). Orbo is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products being out of stock, unavailable or back ordered.

f) If pricing or information on any Product(s) is incorrectly reflected on the Orbo due to any technical issue or typographical error by the seller, in such an event the Seller may cancel Your order(s). 


g) You release and indemnify Orbo and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Orbo and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Orbo cannot take responsibility or control the information provided by other Users which is made available on Orbo.

  1. User Conduct and Rules on the Orbo:

You agree, undertake and confirm that Your use of Orbo shall be strictly governed by the following binding principles:

a) You shall not host, display, upload, modify, publish, transmit, update or share any information which: 


i) belongs to another person and to which You do not have any right to;


ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;


iii) is misleading in any way; 


iv) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";


v) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;


vi) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;


vii) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);


viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


ix) contains video, photographs, or images of another person (with a minor or an adult) without authority;


x) tries to gain unauthorized access or exceeds the scope of authorized access to the Orbo or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Orbo or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  1. xi) interferes with another User's use and enjoyment of the Orbo or any other individual's use and enjoyment of similar services;


xii) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;


xiii) violates any law for the time being in force;


xiv) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;


xv) shall not be false, inaccurate or misleading;


xvi) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;


b) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Orbo or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Orbo or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Orbo. We reserve Our right to bar any such activity.


c) You shall not attempt to gain unauthorized access to any portion or feature of the Orbo, or any other systems or networks connected to the Orbo or to any server, computer, network, or to any of the services offered on or through the Orbo, by hacking, password "mining" or any other illegitimate means.


d) You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity


e) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service. You shall not engage in any event and/or transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.


f) The Content posted does not necessarily reflect Orbo views. In no event shall Orbo assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Orbo. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.


g) Orbo hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User.

  1. Contents Posted on Orbo:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively called as the "Content"), is a third party user generated content and Orbo has no control over such third party user generated content as Orbo is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Orbo for downloading, provided that You:

a) do not remove any proprietary notice language in all copies of such documents;


b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; 


c) make no modifications to any such information; and


d) do not make any additional representations or warranties relating to such documents.


We have no obligation to monitor the Services. However, you acknowledge and agree that We have the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the services properly, or to protect itself or its Users. We reserve the right to refuse to post or to remove any information or materials in whole or in part, that, in Our sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Terms of Use.

  1. Links:

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize social logins, allowing you to login to the Service via other third party authentication services, such as (without limitation) via your Facebook, Twitter, LinkedIn, Google, or other account credentials. You understand that these are third party services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.