(Effective January 15, 2023)
Updates and Changes
First Orion reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement to impose new or additional rules, policies, terms or conditions on the use of its website. In addition, from time to time we may automatically update and change the website to improve performance, enhance functionality, or address security issues.
Eligibility for Use and Access
Use of the website is not available to persons under the age of twenty-one (21) lunar years. In order to ensure First Orion is forming a legally binding contract, you represent that you are twenty-one (21) lunar years of age or over twenty-one (21) lunar years before you use the website. Without prejudice to any other rights and remedies of First Orion under this Agreement or at law, First Orion reserves the right to limit or withdraw access to the website or the right of any person to use the website if First Orion believes that person is under the age of twenty-one (21) lunar years. The website is not available to persons who’s right to use or access has been suspended or withdrawn by First Orion. Further, if you are acting on behalf of a business entity, you represent that you have the authority and capacity to bind that entity to this Agreement and that you and the business entity will comply with all applicable laws relating to the subject matter.
Conducting General Business
You grant First Orion a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us in the registration process, in the feedback area, through any e-mail, or by way of any other feature or use of the website for the purposes of this Agreement.
Acceptable Use Restrictions
As a condition of your use of the website, you agree that you will:
- Not use the website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies or harmful data into the website;
- Not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Not infringe our intellectual property rights or those of any third party in relation to your use of the website;
- Not transmit any material that is offensive, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment or otherwise objectionable in relation to your use of the website;
- Not use the website in a way that could damage, disable, overload, impair or compromise our systems or security or interfere with other users;
- Not collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website;
- Not use the website to solicit participation in public discussion, debate, comment or activity;
- Not provide false or misleading information about yourself or your business, create a false identity, or provide information that is not factual in nature including without limitation any information or statements that are racist, use profanity, abuse another user, disrespect another’s culture or include any other derogatory or inappropriate information, or contain obscene information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- Not provide information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest, or which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- Not provide any information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Sharia law, rules, morals, values, ethics and traditions;
- Not provide any information or content which may (in our sole discretion) threaten national security;
- Not provide any information or content which may (in our sole discretion) constitute or be considered to promote gambling; and.
- Comply with all applicable technology control and/or export laws and regulations that apply to the technology used or supported by the website.
Intellectual Property Rights
All intellectual property rights in our websites throughout the world belong to First Orion (or its affiliates or licensors) and the rights to use them are licensed to you (not sold). You have no intellectual property rights in, or to, the website (including, but not limited to, any information, data, material, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files) other than the right to use them solely for your own personal use, in accordance with the terms of this Agreement. Republication or redistribution of the content, including by framing or similar means, is prohibited.
No Responsibility for Third Party Content
General. You acknowledge that our websites may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
Disclaimer. You acknowledge that First Orion does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and First Orion and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. First Orion hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.
Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and such third party are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from your transaction of business over the Internet or your use of Third Party Content and Services, and you agree that First Orion and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that this Agreement does not grant you any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Services shall not constitute or imply any endorsement by First Orion or its affiliates of such Third Party Content and Services.
It is technically impracticable to provide a fault-free service and First Orion does not undertake to do so. In the event of a fault, First Orion will attempt to restore functionality as soon as it is reasonably practicable. Access to the website may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
We may terminate your rights to use the website at any time, for any reason or no reason. Cause for such termination may include (a) a breach by you of the terms of this Agreement or your engagement in fraudulent or illegal activities, (b) a request by law enforcement or other government agencies, and/or (c) unexpected technical or security issues or problems.
If we terminate your rights to use the website You must stop all activities authorized by this Agreement, including your use of the website.
Our responsibilities for loss or damage suffered by you
THE USE OF THE WEBSITE IS AT YOUR OWN RISK. FIRST ORION AND ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, FIRST ORION AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. FURTHERMORE, YOU ACKNOWLEDGE THAT FIRST ORION HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE WEBSITE. YOU ACKNOWLEDGE THAT THE WEBSITE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE WEBSITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL FIRST ORION OR ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSS OF OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, FIRST ORION SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE WEBSITE OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE WEBSITE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (IV) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE WEBSITE TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.
The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The website is provided for general information only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the website. Although we make reasonable efforts to update the information provided by our website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
To the maximum extent permitted by law, you will indemnify First Orion, its affiliates, officers, employees, and agents against all costs, expenses and damages arising out of or in connection with (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement, (b) your violation of any rights of any third party, or (c) your use or misuse of the website.
Any dispute, claim or controversy arising out of or in connection with this Agreement, including any question regarding its existence or interpretation that cannot be amicably resolved between the parties shall be referred to and finally settled by arbitration in Dubai under the Dubai International Financial Centre (DIFC)- London Court of International Arbitration (LCIA) Arbitration Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place, of arbitration shall be the DIFC. The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the LCIA Court. The language to be used in the arbitration shall be English. The award made by the arbitrator(s) shall be final and binding on the parties and may be enforced, if necessary, in the UAE courts. The foregoing provisions of this clause are without prejudice to the right of First Orion to seek interim relief at any time from any court of competent jurisdiction and First Orion shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so. This “Dispute Resolution” section will survive any termination of this Agreement.
Other important terms
- Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of First Orion, and any attempted assignment in contravention of this provision shall be null and void and of no force or effect. You hereby grant First Orion the right to, and you irrevocably acknowledge and agree that First Orion may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this Agreement to any of its affiliates without requiring your further specific agreement. First Orion agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the website.
- Waiver. The failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
- Data Protection. First Orion will comply with its obligations under applicable data protection legislation and maintain all relevant registrations and notifications, for the purposes of operating the website.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
- Third Party Beneficiaries. Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
- Governing Law. This Agreement and your use of the website is governed by and construed in accordance with the applicable laws of Dubai Emirate and the Federal laws of the United Arab Emirates.
- Export. You are responsible for complying with all laws and regulations of UAE and any country from which you may access the website regarding access, use, export, re-export and import of any content appearing on or available through the website.
If you have any questions or concerns in relation to this Agreement, please contact First Orion by sending paper mail to the address below or email us at the email address also provided.
First Orion Corp. DMCC
Attention: Legal Team
Mazaya Business Avenue BB1
Office 3005, Jumeirah Lakes Towers
Dubai, United Arab Emirates
© 2023 First Orion Corp. All rights reserved.