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User Agreement

Last updated: 09.05.2023

We are Orion Transact Inc ('Company', 'we', 'us', or 'our'). Our registration number is BC1367563.

We operate the website https://orion-transact.com (the 'Site"), as well as any other related products and services that refer or link to this User Agreement (the 'Agreement') (collectively, the 'Services').

You can contact us by email at [email protected].

This Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Orion Transact Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of this Agreement.

IF YOU DO NOT AGREE WITH ALL OF THIS LEGAL AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental Agreement and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to change or modify this Agreement from time to time. We will alert you about any changes by updating the 'Last updated' date of this Agreement, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing this Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Agreement by your continued use of the Services after the date such revised Agreement is posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of this Agreement for your records.

Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

Privacy

Please get to know our Privacy Policy to understand what data about You is collected by us, how we gather, process and share it with third parties, and what privacy rights You have.

Intellectual Property and License

Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the Company’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of Company or its licensors or users. They are protected by international intellectual property regulations.

You are granted a limited, non-sublicensable license to access and use the Site and Materials subject to this Agreement.

Except as expressly permitted on the Site, in this Agreement or otherwise in writing by Company, such license does not include:

  • any resale or commercial use of the Site or the Materials;
  • the distribution, public performance or public display of any Materials;
  • modifying or otherwise making any derivative uses of the Site and the Materials, or any portion thereof;
  • use of any data mining, robots or similar data gathering or extraction methods;
  • downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein; or
  • any use of the Site or the Materials other than for its intended purpose.

Any use of the Site or the Materials other than as specifically authorized herein without the prior written permission of the Company, is prohibited and will terminate the license granted herein.

Unauthorised usage may also be in violation of applicable laws, such as copyright and trademark laws, as well as communications rules and laws. Nothing in this Agreement, whether by estoppel, implication or otherwise, shall be considered as giving any license to intellectual property rights unless expressly stated herein. This license can be terminated at any time.

Trademarks

Names, the Company logos and any other Company product or service name, logo or slogans contained in the Site are trademarks or service marks of the Company (the “Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in this Agreement or on the Site or with the prior written permission of Company.

Without our prior written permission, you may not use any metatags or any other “hidden text” utilising any Marks. In addition, the visual representation of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of the Company and is part of the Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site.

All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Without the express consent of the appropriate trademark proprietor, they may not be reproduced, imitated, or used in whole or in part. Any reference to a product, service, process, or other piece of information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not imply our approval, sponsorship, or recommendation.

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site as long as the link does not portray the Company or any of our Site in a false, misleading, or otherwise defamatory manner, and the linking Site does not contain any adult or illegal material, or any material that is offensive, harassing, or otherwise objectionable.

This limited right may be revoked at any time. Without Company's prior written permission, you may not use any Marks or other proprietary images to link to the Site. Furthermore, without Company's express written consent, you may not use, frame, or employ framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found on the Site, the content of any text, or the layout/design of any page or form contained on a page of the Site.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or another proprietary right of the Company or any third party.

Third-Party Content

Company and its users may provide third-party content on the Site and may provide links to web pages and content that are not owned or controlled by Company, including but not limited to any third-party advertisements or promotions (collectively the "Third Party Content") as a service to those interested in this information.

Company has no control over, endorses, or adopts any Third Party Content and makes no representations or guarantees of any kind about it, including, without limitation, its accuracy or completeness.

You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Any business transactions or communication you have with third parties and any Agreement, conditions, warranties, or representations connected with such deals or promotions are solely between you and such third parties.

Company is not liable for any loss or damage of any kind caused as a consequence of any such transactions or promotions or the inclusion of such Third Party Content on the Site.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:

  • your use of the Site;
  • any User Content or Feedback you provide;
  • your violation of this Agreement;
  • your violation of any rights of another; or
  • your conduct in connection with the Site.

Because consumer indemnities are limited in some countries, some or all of the indemnity rules above may not apply to you.

If you are obligated to indemnify us, we shall have the right to control any action or process and decide whether or not we want to settle it and, if so, on what Agreement.

Warranties

The Company provides no guarantee for the performance or the uninterrupted availability of the Site or the Company materials. The Site and Company Materials are provided on an "As is" and "As Available" basis without warranties of any kind, whether express or implied. As to the Site and the information, content, and material contained within, the Company disclaims all warranties, explicit or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company makes no representations or warranties about the accuracy, completeness, reliability, safety, or error-free nature of Company Materials or the Site.

While Company makes every effort to ensure that your access to and use of the Site is safe, the Company cannot and does not guarantee that the Site or its servers are virus-free. As a result, to identify and remove viruses from any download, you need to utilise industry-recognised software.

The Company maintains the right to make changes to the Site's content at any time and without prior notice. Any mention of a product, service, process, or other piece of information, whether by trade name, trademark, manufacturer, supplier, or otherwise, does not indicate the Company's endorsement, sponsorship, or recommendation or any association with it.

Some jurisdictions do not allow the disclaimer of implied Agreement in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

Limitation of Liability

We will not be liable for any damages resulting from the use of or inability to use the services, including but not limited to reliance by a user on any information obtained from the services, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or any other cause. You understand and agree that this paragraph applies to all material, goods, and services made available through the services.

Company will not be liable for any indirect, incidental, special, or consequential damages resulting from the use of the services or the purchase of any real or virtual product from that location, even if Company has been informed of the possibility of such damages.

Implied warranties, as well as the exclusion or restriction of certain damages, are not limited by certain state laws. If these laws apply to a user, some or all of the disclaimers, exclusions, or restrictions listed above may not apply, and the user may have additional rights.

Modifications to the Site

The Company maintains the right to alter or discontinue the Site or any features or sections thereof, temporarily or permanently, without notice. You acknowledge that Company will not be responsible if the Site or any part of it is modified, suspended, or discontinued.

Applicable Law

The laws of Canada shall govern and construe this Agreement and your use of the Site without regard to any conflict of law provisions.

Severability

This Agreement is meant to be severable in essence. If any provision of this Agreement is found to be invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of this Agreement in that jurisdiction.