ORO CONCEPTS INC., a Company registered in the United States of America, (hereinafter also referred to as “ORO”) welcomes you to its world of voice messaging and much more.
We created a service that we love to use: comfortable, reliable and affordable.
Wherever the context so requires, “You” or “user” shall mean any natural or legal person, who is accessing our website- (WWW.OROAPPS.COM) or is using the Service, in any manner, whatsoever, through any means. The term “ORO”, “we”, “us”, “our”, shall mean ORO CONCEPTS INC.
These Terms supersede and replace any and all prior oral or written understandings or agreements between ORO and you regarding the Service and Content. The parties to this agreement shall unless put repugnant to the context, means & include its subsidiaries, successors, legal heirs, assignees, executors & administrators etc. For the purpose of these terms, For the purpose of these terms, except when the context requires otherwise, everything that is in the singular shall include the plural and whatever refers to the masculine shall include the feminine. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
NB : By downloading the Licensed Application and using the Service or getting registration as a user or by agreeing to these terms where the option is made available to you in the user interface, you are deemed to have expressed your consent to, agreement with and understanding of these terms (as updated from time to time).
The Service should not be used or relied on as an emergency communication system, or in any task whose failure may lead to any kind of personal loss, injury, death, or physical or property damage. You acknowledge that we are offering this Service in reliance upon the warranty disclaimers and limitations of liability set forth below and accepted by you. Please read & understand the terms carefully before using our Service. It is important for you to read the entirety of and understand this document as it governs the use of the Licensed Application and the Official Website and all content, services and products made available through it and check the same periodically for changes. By accessing our Service, you are agreeing to be bound by all applicable laws & regulations. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE.
EFFECTIVENESS OF THE TERMS
Compliance with local laws: Check all state, federal and local laws before installing the Licensed Application or using the Service. Federal or local law governs the use of some types of software; it is responsibility of the user to follow such laws.
However, if you are not entitled to use our Service because of laws applicable at the place where you reside, then you cannot accept our terms & are refrained from using the Website, Licensed Application and other Services.
Restrictions on use: In some areas there may be restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use the Service where you are located. We expressly disclaim any responsibility or liability in this regard.
Additional/Supplementary Terms: Additional terms may apply to certain Services, such as policies for a particular event, activity, contests or promotion on the Site or through the Licensed Application, and such supplementary terms will be disclosed to you in connection with the applicable Services. These Supplementary terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplementary terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Promotions: From time to time, we may offer promotions, deals or discount codes for the Site and the Licensed Application Services. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honour such promotions, deals or discount codes at any time, with or without notice to You. Promotions, deals or discount codes may be limited to be used once per customer.
CHANGES/MODIFICATIONS/ALTERATIONS TO THE TERMS
ORO reserves the right to change, modify, alter or revise in any form, these terms, from time to time. The changes will take immediate effect when published. Therefore, you are advised to review the terms at regular intervals to keep yourself updated with such changes. Your express acceptance of the terms or usage of Service after the date of publication of revised terms will be taken as your agreement to the updated terms. If you do not agree to such changes/modifications/alterations to the terms, you may terminate your relation with ORO in accordance with “TERMINATION OF AGREEMENT” as explained in Clause 8 of these Terms.
LICENSE TO USE
The Application “ORO” and the website are owned by ORO CONCEPTS INC. Our Licensed Application is licensed, not sold to you, for use only under the terms of this agreement. In case of paid-for services, the license is for the specific period for which you have bought it. The license expires at the end of that period if not renewed. Expiry of license cannot remove or reduce any claim that either of us may have against the other by the day before expiry. The Company provides you limited, non-exclusive, non-transferable, non-sub licensable license to use the Site or the Licensed Application on a smart phone or any other device that you own or control. Further your use of the Site Licensed Software Application is subject to the following restrictions:
You may not sell, rent, redistribute, sub-license, lease, or otherwise grant any rights to a third party to use the Licensed Application or the Official Website.
You may not undertake or try to copy, edit, modify, decript, hack or discover the source code or protocols of the Licensed Application or attempt to decompile, disassemble or reverse engineer the Software of the Licensed Application or the Official Website.
You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time.
In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site or the Licensed Application, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights.
Your use of the Licensed Application as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service.
If you breach these restrictions, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Continued use or availability: The Company reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Application, the Site and/or any Services without notice to you and neither the Company, its affiliates nor any of their respective licensors shall be liable to you or any third party, should it exercise such rights.
Software updates: We may also automatically download configuration changes and updates to the Licensed Application from time to time. You agree to receive such updates as part of your use of the Service. These updates are designed to improve, enhance and further develop the Service, to maintain software compatibility, provide better security and may take the form of bug fixes, enhanced functionality, new software modules and completely new versions. You agree to accept such updates (and permit the Company to deliver these to you) subject to these Terms unless other terms accompany the updates. We are not obligated to make any updates available and do not guarantee that we will continue to support the version of the operating system or device for which you licensed the Application Software or that updated Application Software will be compatible for use with end users running older versions of the Application Software. In case you do not want to accept the updates you can terminate your agreement with us at any time as per Clause 8 of these terms.
The price payable for a Product or Service is clearly set out on Our Platform or on our quotation to you.
Taxes as applicable will be levied.
All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
For any paid-for Service Plans, you agree to pay the fees set out in the Plan selected by you. Payment is by way of online payment system provided by our Service or as otherwise agreed with us. In case you are using our paid-for Service Plans, we shall intimate you regarding the renewability of your license in due course and you will be required to pay the renewal fee for enjoying uninterrupted services. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions.
Prices for the Services may change at any time by giving you prior notice. New prices will apply to the next renewal period. In the event of any continued use of the Services after such renewal date, you are deemed to have accepted the new prices.
Invoicing: For standard paid-for Service Plans, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order and prior to renewal. Renewals are invoiced on the periodic basis set out in the Order form. You agree to provide us or our reseller complete and accurate billing and contact information.
Payment: Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information or with a valid purchase order or alternative document reasonably acceptable to us and you authorise us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.
For more details on pricing, please CONTACT US.
OWNSHIP & PROPRIETARY RIGHTS
The intellectual property rights and other proprietary rights (including, without limiting, patents, copyrights, trademarks, trade names, brand names & ORO logo) of the Service are owned by the Company. The software applications providing you the Service (videos, text, pictures etc) & the associated documentation ( in any form) including any improvement, modifications, upgrades & future updates, provided in any manner, are the sole property of the Company and are licensed to you by the Company. All the rights (including, without limiting, ownership rights) of the content in the Licensed Application and/or posted by the Company on the Site are reserved by the Company whether registered or not. This content can’t be used in any manner, whatsoever, without the prior permission & written consent of the Company. You will not take any action to jeopardize, limit or interfere with our intellectual property rights in the application software and the Official Website. Your use of our Service does not grant to you, nor do you acquire any ownership rights in the ORO Technology.
No reliance: The Site and the Licensed Application may contain content in the form of text, images, videos, graphics, audio-visual productions, facts or other information created by the Company. Such content is only for your reference & should not be relied upon for any purposes. You acknowledge and agree that no claims can be made in relation to its accuracy & reliability and the Company does not assume responsibility of any sorts, in relation to its contents. The Company is under no obligation to you for providing any feedback about the site, applications or services. Likewise, you are not obligated to provide that sort of feedback to us.
Links to our site: Those wishing to place a link to the Official ORO Website on other sites may do so only to the home page of the site http://OROreserve.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company. Any web site that links to the Official ORO Site:
must not frame or create a browser or border environment around any of the Content of the Official ORO Site and may link to, but not replicate, the Content;
must not imply that the Company or the Official Website are endorsing or sponsoring it or its products, unless the Company has given its prior written consent and must not present false information about the Company or its products or services ;
must not use any ORO trademarks without the prior written permission from Company; and must not contain content that could be construed as distasteful, offensive or controversial.
USING ORO ON MOBILES/SMART PHONES/ DEVICES
Account Registration- If you want to use the Service, you’ll have to create an account (“Account”) with us with your Mobile Phone Number as your ID. You can do this via our Network by providing the requisite details. In order to use the Service, you acknowledge and agree that you will have to provide ORO with your mobile phone number. You further expressly acknowledge and agree that in order to provide the Service, ORO may periodically access your contact list/phonebook on your mobile device to find and keep track of mobile phone numbers of other users of the Service and you hereby give your express consent to ORO access your contact list/phonebook on your mobile device. You are solely responsible for the Display Picture and About/Status messages that you submit and that are displayed for your mobile phone number on the ORO Service. As a user, you should provide true & accurate information while getting registration. You agree not to create account or get registration for anyone else without his/her permission. You will not make any effort to gain access to an account belonging to someone else. You must notify ORO immediately of any breach of security or unauthorized use of your mobile phone or ORO Account. ORO will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.
We reserve the right to take any and all action as deemed necessary or reasonable in our sole discretion, to ensure the security of the Site, the Licensed Application and your Account, including without limitation terminating Your Account, requiring a password reset, or requesting additional information to authorize activity on Your Account.
Once you have downloaded the Licensed Application and registered as a ORO User, you can send voice messages to your friends either individually or through a Group. You can also submit your Account Status or information about you. Direct voice messages and other data that you send to other ORO users will only be viewable by those ORO user(s) or group(s) to whom you directly send such information. Further, the Status Submissions or Display/Profile Photo may be globally viewed by all ORO users that have your mobile phone number on their mobile/smart phone. It is advised that you don’t submit or post status messages or profile photos that you don’t want to be seen globally.
We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
We are providing you most of our Services for free; however if you want to access certain additional features, we will charge you for that, plus applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Also, please note that you may be charged by your mobile service provider for data usage, streaming etc, as applicable. You are solely responsible for keeping yourself informed and paying for possible data, roaming and other applicable charges levied by your mobile network operator. In case there is a change in your mobile number, you must update the same so that messages are not sent to your old number.
Term: In case of Free Users, use of the limited Service for an unlimited period. In case of Paid-for/commercial plans, subject to payment of the applicable fees, your account shall be activated and remain in force for the Term in accordance with the plan you have chosen.
Community Guidelines and Enforcement Rights
You are asked to respect the community of users on our Network. Accordingly, you agree that you will use the Service only in a manner that is consistent with the Community Use Guidelines set forth below. You must access and use our Services only for legal, authorized, and acceptable purposes. If you use the Service in a manner that is inconsistent with the Community Guidelines, your Account/Registration on our Service may be suspended or terminated and legal action may follow.
Restricted Use: Whether as a registered User or otherwise, You must not:
Sell, rent, sub-license, lease or otherwise grant any rights to a third party to use the Licensed Application or materials from the Site.
Republish or publicize material from this site for commercial purpose or use the Licensed Application or its Contents for any commercial purpose or benefit of yours or any third party or in any manner not permitted by these Terms.
Undertake or try to edit, modify, decript, hack or discover the source code or protocols of the Licensed Application or Site or any material provided on the site or Attempt to decompile or reverse engineer any software contained on this site.
Use the site or Licensed Application for any unlawful, illegal, misleading, fraudulent or harmful activity or purpose.
Compile, repackage, disseminate or otherwise use data extracted from the Application or the Site.
By any mean upload viruses or other malicious codes on the site or on the Licensed Application that would impair the proper functioning of the site or the Licensed Application, such as Denial Of Service attacks (DOS) or Distributed Denial of Service attacks (DDOS) or Use the site or Licensed Application in any way that causes any damage or adversely affects their availability or accessibility.
Use the Licensed Application to transmit or send any unsolicited commercial communications like sending any unsolicited or unauthorized advertising, promotional materials, junk messages, spam, chain messages or other forms of solicitation.
Access, tamper with, or use non-public areas of our Network, our computer systems, or the technical delivery systems of our service providers.
Collect or store any personally identifiable information from the Licensed Application of other users of the Service without their express permission.
Use any meta tags or other hidden text or metadata, utilizing ORO’s trademark, logo, URL or product name without our express written consent;
Use, display, mirror or frame the Site or Licensed Application, any individual element within the Site or the Licensed Application, ORO name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of the ORO.
Attempt to probe, scan, or test the vulnerability of any of our Network systems or network or breach any security or authentication measures.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user), to protect the Licensed Application or the Site or its Contents.
Attempt to access or search the Service or its Contents or download Contents from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by our Network or other generally available third party web browsers.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or its Contents to send altered, deceptive or false source-identifying information.
Use or launch any automated system, that accesses the Service in a manner that sends more request messages to the ORO servers in a given period of time than a human can reasonably produce in the same period by using the ORO application,
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
Impersonate or misrepresent your affiliation with any person or entity.
Collect or harvest any personally identifiable information, including account names, from the Service.
Hack, intercept, modify, damage or monitor any communication not meant for you.
Use the Service in a manner which involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
Encourage or enable any other individual to do any of the foregoing.
User Obligations & Responsibilities/Usage of Service
A User is solely responsible for all the activities done through or from his account through the Licensed Application. Because ORO is only acting as a repository of data, user submitted statuses and User Generated Content do not necessarily represent the views or opinions of ORO, and ORO makes no guarantees as to the validity, accuracy or legal status of any status or any content.
If you infringe any other person’s intellectual property rights (such as trademark, trade name, logo etc), your account will be liable to be disabled/suspended, sine die, at our sole discretion. In case anyone registers intellectual property right infringement complaint against you, then ORO may take appropriate legal action against you.
User Generated Content- User Generated Content refers to material (including, without limiting, text, audio material, User Status’) that a user submits to and/or through the Licensed Application, for whatever purpose. This User Generated Content may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not blocked. You understand that whether or not such User Submissions are published, ORO does not guarantee any confidentiality with respect to any User Submissions. The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. User is deemed to be the sole owner of content generated or posted by him/her. So, as a User, you should act respectfully & responsibly while accessing Licensed Application features such as Uploads, Voice Messaging, Status Submission etc. by which you post, host, share & upload your content on the Service. A user is wholly & solely responsible for the content of every communication made by him. Content submitted and/or read by minors is subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Licensed Application that it is important that they communicate with the minors about their safety online.
A user should ensure that he/she does not submit/upload/post/publish/otherwise transmit any content/material which,
Involves a misrepresentation/false statement with a fraudulent intention;
Is protected by copyright unless he/she has a license or permission from the owner of such rights;
Violates any proprietary rights of others like third party’s patent, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
Is harsh, offensive, defamatory, obscene, harassing, vulgar, pornographic, sexually explicit, immoral or impersonate to another person;
Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil/criminal liability;
Causes or intends to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
Is violent or threatening or promotes violence or actions that are threatening to any person or entity;
Promotes illegal or harmful activities or substances;
Impersonates others or hampers the privacy of others in any manner whatsoever;
We do not control or supervise any User Content, except when required to in accordance with your instructions (configuration of the Platform) or by applicable law or competent court or administrative decision.
Although ORO is not obligated to monitor access to or use of our Service or Content or to review or edit any User Generated Content, it has the right to do so for the purpose of operating the Service, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. ORO reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, if it, at its sole discretion, considers any Content to be objectionable or in violation of these Terms. ORO has the right to investigate violations of these Terms or conduct that affects our Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements. We reserve the right to remove any material/content/information posted/shared/uploaded by you as a user (i.e. User Generated Content), if it is offensive, harsh, unwanted, illegal, sexually explicit in any way or it violates our terms or we think it is appropriate to do so. If for whatsoever reason, User Generated Content is removed, then we are under no obligation to put back or restore that content at any time.
As a User, you may come across content that is offensive, indecent or objectionable. You acknowledge the same & use the Service at your own risk & can’t hold ORO liable, in any respect, relating to the same.
ORO does not guarantee any confidentiality of the User Generated Content.
Content posted by a User through the Licensed Application is his own in entirety. ORO may not necessarily endorse with it & does not assume any liability in relation to its correctness or accuracy. We expressly disclaim any liability arising out of or in connected with, User Generated Content posted, shared or otherwise published through the Licensed Application.
BY POSTING OR UPLOADING YOUR CONTENT THROUGH THE LICENSED APPLICATION, YOU AUTOMATICALLY GRANT ORO A WORLDWIDE, NON-EXCLUSIVE, PERPETUAL, ROYALTY-FREE, IRRECOVERABLE AND FULLY PAID, TRANSEFERABLE LICENSE OF ALL RIGHTS (INCLUDING RIGHT TO SUB-LICENSE) TO EDIT, MODIFY, DISPLAY, TRANSMIT, INCLUDE, REPRODUCE & USE YOUR USER GENERATED CONTENT IN ANY MANNER, WIHOUT ANY LIMITATION, & TO EXERCISE ALL COPYRIGHTS, PUBLICITY AND MORAL RIGHTS WITH RESPECT TO ANY CONTENT YOU POST THROUGH THE LICENSED APPLICATION IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS. THE RIGHTS YOU GRANT IN THIS LICENSE ARE FOR THE LIMITED PURPOSE OF OPERATING AND PROVIDING OUR SERVICES
You hereby release and discharge the Company and all Account Holders and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
User Verification- Sometimes due to some reasons, user verification is necessary. We reserve the right to ask for verification of a User’s identity & seek further information from the User. If a User is not able to verify his identity, he/she may not be able to access his/her account.
Copyright Infringement and related Complaints: If you are a copyright owner or an agent thereof and believe that any content available on our Service infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act ("DMCA"), notify our Copyright Agent by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For further help, please contact our IPR Infringement HelpDesk.
Breach of Terms- Breach of these terms, in any way, may lead to harsh actions against you, including (but not limiting to), suspension of your user account, prohibition from accessing the Licensed Application & bringing legal/court proceedings against you.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website or the Licensed Application 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. The Company disclaims any responsibility for any harm resulting from the use of Service or from any downloading by those visitors of content there posted.
Auto Deletion & Other General Practices-You acknowledge that ORO may establish general practices including, without limiting, the maximum number of days that voice messages will be retained on the Service, the maximum number of messages that may be sent from or received by a user account, the maximum disk space that will be allotted to a user account on the Service & maximum number of times you may access a service in a given period of time. Presently, for Services which are free of cost, the time for which a voice message will remain on our server is eight hours, after which the message will get auto deleted. For Paid-for Subscription Plan, the User can decide the time after which the message will get deleted from the Server automatically, which can range from one to eight hours. You agree that ORO has no responsibility or liability for the deletion or failure to store any messages, recordings or other content posted/submitted through the Licensed Application. ORO also reserves the right to modify these general practices at any time without notice & you acknowledge the same.
Some of the Service are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.
The manner, mode and extent of advertising by ORO on the Service are subject to change without specific notice to you.
In consideration for ORO granting you access to and use of the Service, you agree that ORO may place such advertising on the Service.
LIMITATION OF LIABILITIES & DISCLAIMER OF WARRANTIES
ORO is not responsible for the conduct, whether online or offline, of any User of the ORO Services. You are solely responsible for your interactions with other Users.
Service Availability- We do not warrant that the functions or services contained in, accessed from, performed by, displayed on, linked to/from, or provided by ORO will meet your requirements, that the Service will be uninterrupted or error-free, or that defects in the Service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Service prove defective, you assume the entire cost of all necessary servicing, repair or correction. The Company makes every effort to make online services available almost permanently. However, the Company may be required to discontinue these services for reasons related to the operation and maintenance constraints. The Company cannot guarantee the constant availability of the Service, including the Internet portal, the messaging service. In particular the Company cannot be held responsible in case of unavailability of the mobile network, Internet, operation of the mobile device of the User. The Company cannot be held responsible for such equipment malfunctions or unavailability unless they result from gross negligence or wilful misconduct attributable to the Company. In addition, access to the Service depends on the use of appropriate IT resources allowing access to the service, including Internet connection, appropriate Internet browser, compatible Computer / smart phone compatible. Tips to optimize access to the Service may be provided by the Company to the User on request of the latter.
Though we will try our very best to minimise the odds, there is always a possibility that some information you provide to ORO applications or services could get lost due to network issues, data corruption, hardware failure, problems with hosting providers or other technical reasons. Similarly, it is possible that some ORO Applications or services could become unavailable or slow at times. You agree not to hold the company liable or responsible for any loss of data or interruption of service, as you acknowledge that the company made you no guarantees about service availability or data durability.
We have taken and shall take reasonable care to ensure that the App performs all functions identified in it and does not interfere with your intended or desired use of any mobile or other device on which it is installed other than in the ways that it identifies. If the App does interfere with your intended or desired use of a device in any other way or ways: (i) we shall have no liability at all unless you establish that we have failed to take reasonable care to avoid such interference. We shall have no liability in relation to any failure by the App to perform the desired function on the device on which it is installed. You also agree that ORO is also not responsible for any damages or losses caused to your computer or mobile or other any other device as a result of using the Website or the Licensed Application.
Location Data: Location data provided by the ORO Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ORO, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the ORO Platform. We are also not liable for any error or inconsistency of information with other independent systems, specializing in the service provision for GPS, radar and similar.
WE ALWAYS STRIVE TO KEEP OUR LICENSED APPLICATION AND SITE ACCESSIBLE & BUG FREE. BUT THE APPLICATION SOFTWARES & THE SITE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF ANY INTELLECTUAL OR PROPRIETARY RIGHTS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THAT OUR SERVICE WILL ALWAYS BE AVAILABLE WITHOUT DISRUPTIONS OR DELAYS NOR WE GUARANTEE THAT THEY WILL BE SECURED, ACCURATE, SAFE AND ERROR FREE. MOREOVER, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR OTHER ECONOMIC DAMAGE, (INCLUDING, WITHOUT LIMITING, THOSE RESULTING FROM BODILY INJURY, INJURY TO PROPERTY, DEATH, LOSS OF ANY BUSINESS PROFITS/REVENUES OR LOSS OF GOODWILL OR DAMAGE TO DATA OR SERVICE interruption OR DEVICE damage or system failure or the cost of substitute Service) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SITE OR THE WEBSITES LINKED TO THE SITE, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONES OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Third Party Claims- You acknowledge & agree that we are not liable for any claim you have against any third parties in relation to our Service and you release us from any claims arising out of or in connection with such claims you have against third parties.
Indemnity- You agree to indemnify and hold the Company and its officers, directors, employees and agents harmless from and against any claims, disputes, demands or liabilities, arising out or in any way connected with (i) your access to or use of our Service or Content, or (ii) your User Content, or (iii) your violation of these Terms, or (iv) your violation of third party intellectual property rights, (v) your failure to comply with laws of the country where you reside, (vi) a contractual claim arising from your use of our services, (vii) your conduct, in any manner whatsoever. You will indemnify us for damages, losses, expenses, costs, including, without limiting, reasonable legal and accounting fees if any, suffered by us due to any and all such claims.
IN ALL CASES OUR LIABILITY WILL BE LIMITED TO FULLEST EXTENT PERMITTED BY LAW. WE DO NOT ASSUME ANY RESPONISIBITY FROM USE OF THE LICENSED APPLICATION OR THE SITE BY ANY OF THE USERS UNLESS WE EXPRESSLY TAKE THE RESPONSIBILITY FOR THE SAME. In no event will ORO’S total liability, arising out of or in connection with these terms or from the use of or inability to use the Service or content, exceed THE AMOUNT YOU HAD PAID TO ORO, IF ANY, IN THE PAST 365 days FOR THE SERVICES GIVING RISE TO THE CLAIM.The limitations of damages set forth above are fundamental elements of the basis of the agreement between THE COMPANY and you.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
TERMINATION OF AGREEMENT
The agreement entered into between ORO and the User may be terminated at any time by either party with immediate effect and without specifying any reasons. All payments made by the User to ORO for using the Service are final and does not become refundable on termination of this agreement under any circumstances.
This agreement will get terminated if your account is closed or deleted or terminated or suspended. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). However, we may retain such User Content to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
As a user, you can terminate the agreement by simply removing, closing or deleting your user account and the Licensed Application & ceasing to access the Service. With this, all your rights to use our Service will immediately cease/terminate/end. Ceasing to be a User of the Site or the Licensed Application shall not relieve You of any payment obligations that You incurred in connection with the Services prior to cessation.
We reserve the right to terminate your use of ORO application and services at any time. We obviously don't want that to happen, but if it should then we may notify users via appropriate means with an explanation. Moreover, we reserve the right to terminate, close, or suspend your account at any time and terminate this agreement (without any effect on the legal rights that we may have against you), if:
you are using the licensed application or your account for any illegal purpose or activity, whatsoever or with a fraudulent intention; or
you fail to comply with the obligation to pay all fees due to ORO when they are due or fail to honour your any other commitment as a User; or
it is necessary to do so to comply with any law, rule or regulation or we think it is necessary to do so; or
the partner with whom the Company offered the Service to you has terminated its relationship with the Company or ceased to offer the Service to you; or
the Company is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the service; or
the provision of the Service to you by the Company is, in the Company’s opinion, no longer commercially viable.
If your user account is inactive for more than one year, then it is liable to be terminated/closed/suspended at our sole discretion.
Upon any termination, suspension, discontinuation or cancellation of Service or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation license provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Site, the Licensed Application or the Services.
The Company shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labour difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
Sometimes, due to maintenance or up gradation of Service or otherwise, your access to the Service may be limited or suspended. This is inevitable so as to provide you the best of our Service. You agree & understand that you will not be entitled to claim damages for suspension or limitation of use.
We cannot guarantee that our Service and the Licensed Application will be available without any interruptions, delays or errors. There are many factors which may disrupt our Service and over which we do not have any control. We do not take any responsibility in such cases and we will not be in breach of any of our obligations towards you under these terms.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your ORO contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We are not, at all, responsible for the content of such other websites and we do not endorse, warrant or guarantee the products or Service described or offered in such websites. These Third Party Sites are provided solely as a convenience to you and you must make your own independent judgment regarding your interaction with these Third Party Sites. You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
The Company never gives up its right to insist on compliance with the terms of this Agreement and with the applicable laws governing the conduct of a User. No failure of the Company to exercise any right or power under the Agreement or to insist upon strict compliance by a User with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of the Company’s right to demand exact compliance with the Agreement. The waiver of any such right or provision will be effective only if the same is in writing and duly signed by an authorised representative of the Company. The Company’s waiver of any particular breach of a User shall not affect or impair the Company’s rights with respect to any subsequent breach, nor shall it affect in any way the rights or obligations of any other User. Nor shall any delay or omission by the Company to exercise any right arising from a breach affect or impair the Company’s rights as to that or any subsequent breach. The allegation or existence of any claim or cause of action of a User against the Company shall not constitute a defence to the Company’s enforcement of any term or provision of the Agreement. Further, except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We reserve all the rights not expressly granted to you.
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid, or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect and shall be construed as if such invalid or unenforceable provision never comprised a part of the Agreement.
You acknowledge and agree that you cannot transfer any of your rights or obligations under these terms or agreement to anyone else, in any manner, whatsoever, without prior notice and our express permission. However, we can freely assign these terms or any rights or obligation contained in them to any third party, without any prior notice.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us: (i) via email; or (ii) by posting to the Site or Licensed Application. For notices made by e-mail, the date of receipt will be deemed to be the date, on which such notice is transmitted.
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Governing Law & Jurisdiction:
These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Laws of the Texas and the Company and you agree to submit to the exclusive jurisdiction of the Courts of Houston. If either party to this Agreement believes that it will suffer irreparable damage as a result of the actions of the other party, it may seek injunctive relief, by filing a judicial application for injunctive relief with applicable jurisdiction and venue. You agree that any claim you may have arising out of or related to this Agreement or your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Further, each party shall bear its own attorneys’ fees and the costs and expenses charged by a court without regard to the outcome.
Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.
ORO CONCEPTS INC. has its registered office at 13099 Westheimer rd, ste 3007 Houston TX 77077
FOR ANY CLARIFICATIONS OR IN CASE OF ANY DOUBTS, YOU CAN SEND IN YOUR QUERIES AT CONTACT US.
NOTE: The above terms have been drafted in accordance with the explanations and information provided to us and as per the requirements set forth by the client.