Terms and Conditions Orbexia Ltd
Orbexia Ltd is a Company registered under the number Company number 15933792 in accordance with the legislation of England and Wales, with the Legal address: 124 City Road, London, England, EC1V 2NX (herein after referred as “ORBEXIA”)
1. INTRODUCTION
Here are some definitions that you can find in the Terms and Conditions (Terms of Use):
Applicable law means the legislation of England and Wales, Terms and Conditions and regulations promulgated by a local, municipal, state or other governmental body or any of its representatives or departments, as well as any regulatory or administrative institution regulating the relevant relations of the parties. rights, obligations and obligations under this agreement, as appropriate.
User means an individual who uses or otherwise obtains access to the Software and/or uses other Services in accordance with these Terms of Use.
Fonts means different kind of fonts which are available for your purchasing.
Legal agreements mean documents that relate to your use of the services offered by ORBEXIA.
Service or Services means primarily a Service or Services for the provision of fonts, but may also include other services posted on the site in accordance with these Terms of Use.
Website means the Website at Orbexia — which has the full description of the Goods selling by Orbexia .
These Terms of Conditions of ORBEXIA foe the User purchasing of fonts (hereinafter referred to as the “Terms of Use”) are a legal document establishing your rights and obligations as a User .
Please read the content of the Terms of Use carefully.
2. REGISTRATION AS A USER; TERMS OF USE; YOUR ACCOUNT, ACCEPTANCE OF AGREEMENTS
Font Services is an online service (hereinafter referred to as “Services”) offered by ORBEXIA for the purchase of fonts.
After completing the registration of the user account in the software of ORBEXIA, you become a ORBEXIA User (hereinafter referred to as the “User”). This agreement comes into force after you accept the Terms. You do not have the right to become a User if you are under the age of 18. The Service is not intended for persons under the age of 18, and ORBEXIA will not intentionally collect personal data of persons under the age of 18. Additional age restrictions may apply in your country.
A. Party to the agreement
In all situations, interaction with the Services is carried out within the framework of contractual relations with ORBEXIA. Unless otherwise stated in this document or at the time of the transaction, all transactions with respect to any Services (as defined below) are made in ORBEXIA.
B. Fonts; Content and Services
As a User, you can access certain services, software products and content available to Users, or buy certain Fonts (see below) on the website. The term “Content and Services” in this Agreement means any other software products, content and updates that you download or access using the website, font’s description.
C. Your Account
After completing the registration procedure in the Orbexia account, you create your own account in the ORBEXIA service (hereinafter referred to as the “Account”). Your Account may also contain payment details that you provide to ORBEXIA for transactions related to fonts, Content and Services. You do not have the right to disclose, transfer or otherwise grant to third parties the right to use your password or Account, except as permitted by ORBEXIA. You are responsible for the confidentiality of your username and password and for the security of your computer system. ORBEXIA is not responsible for the use of your password and Account or for any interaction and activity on our website that resulted from the use of your username and password by you or persons to whom you could intentionally or inadvertently disclose your username and/or password in violation of the privacy statement. Except in cases where this is the result of negligence or violation on the part of ORBEXIA is not responsible for the use of your Account by a person who used your username and password fraudulently without your permission. If you believe that the confidentiality of your username and/or password has been violated, you must immediately notify ORBEXIA using the technical support form.
Your Account, including any information related to it (for example, contact details, payment information, account history, fonts, etc.), is purely personal. You do not have the right to sell or grant for a fee the right to use your Account or otherwise transfer the right to use your Account, and you also do not have the right to sell, grant for a fee the right to use or otherwise transfer the right, except as expressly permitted by this Agreement or otherwise permitted by ORBEXIA.
D. Acceptance of agreements
Your order through our website is an offer by ORBEXIA to conclude an agreement on the delivery of the ordered fonts in exchange for the specified price. The conditions for purchasing fonts are described in the Terms and Conditions.
When you place an order on our website, we send you a message confirming receipt of your order and containing the details of your order (hereinafter referred to as “Order Confirmation”). Order confirmation is a confirmation that we have received your order.
In the case of fonts, we accept your offer and conclude a deal on the Font you ordered only after the payment has been made and we will send you Fonts and an email confirming the purchase (hereinafter referred to as “Confirmation of Dispatch”).
You agree to receive invoices electronically.
E. Payment processing.
The processing of payments related to the purchase of fonts offered by us is carried out directly by ORBEXIA.
3. CHANGES IN THE TERMS OF USE
ORBEXIA reserves the right to change, supplement or delete the Terms of Use at any time, at its sole discretion, by posting an updated version on its Website and/or in ORBEXIA Products. By continuing to use the Services, you will be deemed to have accepted such changes. If at any time you do not agree with any part of the current version of the Terms of Use or with any other policy of ORBEXIA related to your use of the Services, then you must stop using the Services. In accordance with Applicable Law, ORBEXIA may make changes to the Services at any time or terminate your access to the Services at any time without notice and without refunds of any kind. You understand and hereby agree that ORBEXIA may terminate or restrict your use of the Services for any reason and without notice or compensation.
4. PRIVACY NOTICE
4.1 Your privacy is important to ORBEXIA. Our Privacy Policy explains how ORBEXIA processes your personal data and protects your privacy, as well as lists other common methods of information processing. Please remember that you must provide us with truthful, accurate, up-to-date and complete information about yourself in every input field that you decide to fill out. By downloading or installing the Software or using the ORBEXIA Website or Products, or by providing information to ORBEXIA in any other way, you agree to all actions taken by us with respect to your information in accordance with the Privacy Policy. You should also read our Cookie Policy on how you can manage your online privacy when using the Services.
4.2 By accessing the Website and/or starting to use the ORBEXIA Software or Services, you acknowledge and agree that ORBEXIA may keep records of your actions or content in accordance with applicable data privacy laws. ORBEXIA may also disclose these actions or content in connection with providing the services to you if required by law or if we believe in good faith that this action is reasonable and necessary to (a) comply with the law or an injunction; (b) ensure compliance with these Terms of Use; (c) respond to claims that your actions in connection with the Services violate the rights of third parties; or (d) protect the rights, property or safety of ORBEXIA, its users or the public.
5. SERVICES
To use our Services, you must read and agree to our Terms of Use, which describe your rights and obligations. This is important both for us and for you, because a clear understanding of the terms of use of our Services allows you to avoid misunderstandings.
5.1 Website. You can perform a number of operations using the Site, such as (a) creating an Account; (b) providing general access to the Site page through your Social media Accounts; (c) asking questions to our specialists; (e) subscribing to news or performing some other actions. Any of these actions implies the transfer of your personal data to ORBEXIA, so before you start entering your data, carefully read our Privacy Policy.
5.2 Software means software, applications, content, games and other digital materials that ORBEXIA is authorized by the relevant Software developer or publisher to offer to Users for purchase.
6. ORDER
6.1 By placing an Order in ORBEXIA, you confirm that your transaction will be carried out with us. You also acknowledge that after we have successfully verified the authenticity and sufficiency of the information provided by you, we will then purchase Fonts from us for the sole purpose of immediately reselling them to you for the amounts specified and agreed upon when sending your Order,.
6.2 We will start processing your order after your purchase is approved. Orders are usually processed instantly, but can take up to 2-5 days depending on the payment method you choose.
6.3 As soon as your Order is processed, we will send you a confirmation email (if possible) using the email address provided to us in your personal account.
6.4 This confirmation email will serve as your electronic purchase receipt and will contain information about your Order. In case you buy a font, you will first receive a receipt, and then we will send you an email confirming the order.
6.5 If ORBEXIA is unable to provide you with a font (for example, because it is no longer available, or because of an error in the price), ORBEXIA will notify you by email, and we will not process your Order. If you have already paid for the font and it is not available, we will refund you the full amount as soon as possible and will not bear any additional responsibility to you.
7. FONT PRICE
The price of your font will be indicated taking into account all applicable taxes and the cost of electronic transmission to the addresses provided by you at the purchase time and based on the data provided by you.
8. ANTI-FRAUD POLICY
We are attentive to any facts indicating the presence of fraud. We reserve the right to refuse access to our servers if we establish a fact indicating illegal use of the Software, or any other action aimed at obtaining a font for which the user has no right to claim. Please note that Users whose accounts are blocked do not have the right to demand a refund of the purchased font or any other refund.
9. TERMS OF REFUND
9.1. According to the general Terms of Use of Use, a refund of funds paid for fonts is not allowed.
9.2. In the event that you forgot to use fonts, a refund is not allowed.
9.3. Refunds for purchased fonts are possible only for technical reasons and if the User provides evidence of the impossibility of using fonts.
10. LIMITATION OF LIABILITY
10.1 ORBEXIA in no way excludes or limits our liability to you. To the extent permitted by law, our total liability to you in respect of all other foreseeable damages arising under or in connection with these Terms of Use, whether as a result of contract, tort (including negligence), breach of statutory duties or otherwise, under no circumstances shall exceed
a) the total cost of the font, or
b) 150 GBP or the amount in any other available currency, whichever is less.
10.2 You agree not to use the fonts for any commercial, business or resale purposes, and ORBEXIA is not liable to you for any lost profits, loss of business, business interruption or loss of business opportunities. ORBEXIA supplies Goods only for home and private use. If you use fonts for any commercial, business or resale purposes, ORBEXIA is not responsible to you for any lost profits, loss of business, business interruption or loss of business opportunities.
11. THIRD-PARTY SERVICES
These Terms of Use apply to our services and apply to all our Users. Our Site may contain links to third-party websites and services that are not owned or controlled by ORBEXIA, and we cannot control and will not be responsible for the content, privacy policies or practices of any third-party websites or services. By using the Site, you release ORBEXIA from any liability arising from your use of any third-party website or third-party services or interaction with any third party.
12. REPRESENTATIONS AND WARRANTIES
12.1 ORBEXIA declares and guarantees to you that we will take all necessary actions to resolve your problem in good faith. All disputes about the refund will be resolved as soon as possible.
12.2 Please note that ORBEXIA is not a Software developer and cannot influence the quality of the Software or guarantee that it will meet any of your expectations. The Software is provided ”as is“ and on an ”as available” basis without any warranties or conditions.
12.3 Any announcements, statements and promises made by the Software Developer in relation to the Software, including but not limited to the content, release date, availability of the Software, are the sole responsibility of the developer for the implementation. You should be aware of the possible risk that the Software Developer may not provide the Software of appropriate quality or on time, or otherwise fail to meet your expectations, even if these expectations are based on announcements, statements or promises made by the developer himself. In all such cases, claims and refund requests should be sent directly to the software developer.
13. DAMAGES
By accessing, registering, using or downloading our Services, you agree to indemnify, protect and hold harmless ORBEXIA, its officers, employees, agents, directors, subsidiaries, affiliates, successors, suppliers or licensors from any liability, loss, claim or expense related to: (a) any claim, caused by your violation of the Terms of Use, including, but not limited to, claims arising from a violation of your statements or guarantees made in accordance with these Terms of Use; (b) your use and/or access to the Site (or any use or access by a third party to your Account); (c) violation by you of any rights of third parties, including, but not limited to, any copyrights, property, moral rights or privacy rights; or (d) unavailability of the Site, ORBEXIA Products or Software.
14. DISPUTES
14.1 These Terms of Use are governed by the laws applicable in England and Wales and should be interpreted accordingly, without prejudice to any other mandatory provision of the law more favorable to the User applicable in the country of the User’s habitual residence.
14.2. In case of any disagreements, claims, actions or disputes arising in connection with the purchase of Coupons or violation, application, interpretation or validity of these Terms of Use, the party claiming the dispute must first try in good faith to resolve such dispute by sending the other party by registered mail a written notice describing the facts and circumstances of the dispute (including any relevant documentation) and providing the receiving party with 30 days from the date of mailing for a response. The notification must be sent to the address: info@orbexia.com.
14.3 Unless you specify otherwise in your notification, ORBEXIA will respond to your notification using your last used billing address or billing and/or delivery address that we have.
14.4 If ORBEXIA is unable to resolve the dispute, you and ORBEXIA agree that the parties must resolve their dispute through judicial proceedings in the competent court of the UK.
15. TERM AND TERMINATION OF THE CONTRACT
These Terms of Use are valid until their termination. You may terminate these Terms of Use at any time after notifying ORBEXIA. ORBEXIA has the right to terminate these Terms of Use set forth in this document for violation of these Terms of Use by you or on its own initiative. (i) Upon termination of these Terms of Use for any reason, Section 4 (Privacy notice), Section 12 (Representations and Warranties), Section 13 (Damages) remain in force.
(ii) Termination of these Terms of Use is without prejudice to any rights or obligations accumulated at the date of termination. As soon as the termination takes effect, all rights shall terminate in accordance with these Terms of Use. After the termination of these Terms of Use, you must stop any use of the Site.
