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Welcome to Expat Orbit! Below you will find the General Terms and Conditions (‘GTC’) governing the use of www.expatorbit.in, www.expatorbit.com and all of the sub-domains, aliases of these domains (Expat Orbit Website(s) or Website(s)) and its mobile application. When using the Expat Orbit websites please bear in mind that www.expatorbit.in is a genuine online platform offering features like community, forums, workshops and courses focused on easing out the challenges and difficulties faced by expatriates and their family members during an international relocation. Any information you disclose about yourself and everything you upload can generally be freely viewed, copied, used, and passed on by others. By registering to use the Expat Orbit Websites you consent to the following GTC.

1. Scope
1. The provisions of these GTC govern the entire legal relationship between the validly registered user (user) and Expat Orbit and are applicable to all services provided to the user or offered on the Expat Orbit Websites (Expat Orbit Service(s) or service(s)) and also to all of the user’s actions, contents, or other material relating to the Expat Orbit Websites. No conflicting terms of use or conditions of the user shall be applicable and are hereby rejected.
2. The user enters into this agreement on the use of services with Expat Orbit LLP, India (LLP Identification Number AAN-5063). In so far as these GTC mention other users of the Expat Orbit Websites, these GTC shall also govern the interaction between users. However, no user shall claim rights under this agreement against other users without prior consent of Expat Orbit.
3. Expat Orbit reserves the right to amend these GTC at any time insofar as these amendments are based on legitimate interests and not unreasonable for the user. Expat Orbit shall give due notice of any amendments of these GTC to the user via appropriate notification / announcement. The amendments to the GTC shall be effective from that point in time.
2. Services
1. Online Community Platform
1. Expat Orbit provides the user with an internet platform which incorporates technical applications that allow the user to establish contact and share information with other users. This service as being made available via the Expat Orbit Websites includes upload, download, and posting options regarding materials and information which Expat Orbit, the user, or other users want to share on the Expat Orbit Websites (content(s)).
2. Expat Orbit does not take part in any communication between users and is not responsible for or party to any agreements that users make by communicating over Expat Orbit Websites. The principles shall also apply to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the Expat Orbit Websites. Such third-party service providers are acting independently from Expat Orbit, and Expat Orbit does not accept any liability for third parties’ acts or omissions.
3. Users who want to take advantage of the services provided on Expat Orbit Websites have the option to register for a free membership.
4. Expat Orbit reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time provided such modifications are based on good reason and not unreasonable for the user. Expat Orbit shall give due notice of any amendments of services to the user via appropriate notification / announcement.
5. The user understands that it is technically impossible to offer or guarantee a 100% availability of the Expat Orbit Websites. Expat Orbit will make reasonable efforts to keep the Expat Orbit Websites available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond Expat Orbit’ reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.
2. Online Learning Platform
1. Expat Orbit’s platform also provides online workshops, courses, webinars and sessions with cultural and language experts (‘Online Course’)
2. When a user enrols for an online course, a license from us is granted only to view the content and no other use. Any other use as mentioned in 2.II.c is strictly prohibited.
3. Users cannot reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Expat Orbit authorised representative.
4. The access to the online course and its content is for a limited period and shall remain valid only during the subscription period of the respective online course. Access to online course, ‘Fun With Hindi’ is limited for a period of 90 days from the date of start of the course.
3. Registration
1. To sign up users must apply for membership by completing the registration procedure on the Expat Orbit Website. By completing the registration procedure, the user consents to enter into this agreement to use the services. Expat Orbit accepts this offer by activating the user’s membership and personal account.
2. The user guarantees that the information submitted to Expat Orbit for registration is complete and truthful. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that Expat Orbit can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the Expat Orbit Website. However, Expat Orbit will preferably make any communication with the user via the user’s personal Membership Section on the Expat Orbit Website.
3. Expat Orbit reserves the right to refuse membership to Online Community Platform or deny access to the Online Learning Platform to any user for any or no reason. A user has no right to such membership within the Online Community Platform or right to access the courses on the Online Learning Platform.
4. The user hereby confirms that the user is of legal age at the time of registration and has not already registered with Expat Orbit, i.e., only maintains one (1) user account.
5. User accounts are not transferable.
6. During registration, the user must determine a password which they will use to identify themselves to access the Website(s), the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify Expat Orbit immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact information available on respective Expat Orbit Website
7. The user promises to immediately inform Expat Orbit if there is any indication that the password is being used by third parties. Expat Orbit will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.
8. As far as the user is in breach of the provisions in this Section, Expat Orbit shall be entitled to block the user’s account and/or to prevent further use of the services and the website(s) by the user.
4. Prices and Payment
1. All registered members gains access to user account and Online Community Platform on a complementary basis. Expat Orbit reserves the right to amend the membership types and payment terms for such memberships in such future. In the event of such amendment, Expat Orbit shall give due notice to all existing members via appropriate notification / announcement.
2. All other online courses (including workshops, webinars and learning courses) listed on Expat Orbit websites may be chargeable, subsidised or complementary as per the sole discretion of the management at Expat Orbit.
3. The prices for each of the Online Courses as listed on each of Expat Orbit Website shall be due immediately upon invoicing and can be affected by any of the debiting procedures made available by Expat Orbit. The user is aware of the fact and agrees that in case of online debiting procedures (i.e. payment via credit card) any data (e.g. name, credit card number, expiry date, bank details, etc.) which is necessary for the due processing of such payment will be transferred to third parties involved in the execution of the debiting procedure (e.g. operator of payment module, credit card acquirer, and the bank issuing the credit/debit card).
4. Fee for all the courses listed on Expat Orbit Online Learning Platform is exclusive of Government Levies and Taxes (for example Goods and Services Tax). Applicable taxes shall be added at checkout. Expat Orbit shall collect and appropriately deposit the applicable taxes with the Indian revenue authorities.
5. The user shall at all times provide sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by the user. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the user.
6. Expat Orbit reserves the right to amend the prices of the online courses in future. However, prices for the course once purchased shall remain unchanged during the subscription period.
7. The user accepts that he will receive all invoices as PDF files via his personal email address as mentioned while applying for membership of the Online Community Platform.
5. User’s Obligations
1. The user shall not use, upload, post, email, send, transmit, or otherwise make available (in particular towards other users), or have others make available on the Expat Orbit Websites, any contents that violate laws and statutes in any manner (illegal contents), such as, but not limited to:
   1. Contents breaching third-party rights – e.g. copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;
   2. contents which are insulting or defamatory, regardless of whether said contents are directed at Expat Orbit personnel, other companies, or another user;
   3. contents and actions violating criminal law, promoting anti-constitutional organisations or displaying the insignia of such organisations; contents glorifying violence; racist, pornographic, sexist contents; contents harmful to young persons; contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offense, gambling, insult or slander, defamation, etc.;
   4. contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales);
   5. contents annoying, pestering, or harassing any other user;
   6. contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);
   7. contents that contain company logos. This excludes employees of Expat Orbit, who may use the Expat Orbit logo;
   8. contents intended to disrupt, destroy, limit, or impair services on the Expat Orbit Websites or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.

2. The user shall not
1. send messages to any member of the community, with the intent to spam or advertise themselves or any business or activity related to them, without prior written consent of Expat Orbit
2. use any profane language, obscene gestures via words, emojis, photos or audio, anywhere on the platform and in private messages to other users
3. post, share, distribute or promote any content that infringes copyright laws, either of Expat Orbit’s proprietary content, or any content on the world wide web
4. disguise the origin of any communication via the services or disguise the user’s own identity while using the services in any way;
5. disobey any requirements, procedures, policies, or regulations set up for the use of the services on Expat Orbit Websites by Expat Orbit;
6. interfere with or disrupt the Expat Orbit Websites, its servers, or General Terms and Conditions of Expat Orbit. Nor shall the user engage in acts that impair the operability of Expat Orbit’ infrastructure, particularly those which may overload the said infrastructure;
7. block, overwrite, modify, or copy any contents on Expat Orbit Websites, unless the said actions are necessary for the proper use of the services. The use of any search engine technology is not necessary for the proper use of the services and is therefore prohibited;
8. tag other users or send email invitations to non-users without their prior consent or willingness.
3. In the event Expat Orbit has good reason to believe that the user has breached his/her obligations under this Section 5, the user agrees that Expat Orbit shall be entitled to review the user’s personal data, communication and networking, however, only to the extent as required to verify such breach.
6. Granting Rights to Use
   1. The user grants Expat Orbit all rights necessary with respect to contents to fulfil the purpose of this agreement. In particular, the user grants Expat Orbit the royalty-free, perpetual, irrevocable, non-exclusive, universally transferable, and fully sub-licensable right to:
   1. to store all contents (in particular images, videos, text, etc.) uploaded or posted during the use of the Expat Orbit Websites in an electronic form,
   2. to make the same available to other users and third parties and to disseminate the same to other users and third parties upon demand by way of download, and also to permit other users and third parties to make virtual or physical copies of these contents for their personal or other own use,
   3. to reproduce, disseminate, make generally available, and broadcast all uploaded contents on all websites or other platforms and services operated by Expat Orbit (in particular TV, advertising, print media, radio, internet, mobile internet),
   4. to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. Expat Orbit is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc. Expat Orbit shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the same available to third parties via links,
   5. to amend, shorten, block, or suspend access to, and delete any contents provided by the user.
   2. The user hereby warrants that with respect to the entire contents furnished by the user, the user is the holder of the corresponding intellectual property rights or is entitled to use and transfer rights of use (in particular for publication, reproduction, and dissemination) to the extent necessary and required under these GTC and during the course of the contents being used on the Expat Orbit Websites without the infringement of any third-party rights.
   3. The user hereby acknowledges the right of Expat Orbit to publish any photographs, film footage and / or clippings taken at Expat Orbit Official Events, activities on the Expat Orbit Websites, Courses at the Online Learning Platform and/or on any platform approved by Expat Orbit. Should the user wish to refuse the same, the user must clearly express this wish to the photographer or cameraman at the Event or Activity. Should the user wish to have Expat Orbit remove a photograph, video footage or clipping already published on the Expat Orbit Website, the user must contact Expat Orbit through the contact form available on each Expat Orbit Website.

7. No Responsibility for the User’s and Third-Party Contents
   1. Expat Orbit shall not be liable for any contents provided by or made available by any user, including the user’s contents. In particular, Expat Orbit does not guarantee that any such contents are true or accurate, or that it fulfils or serves any particular purpose.
   2. If the user finds contents offensive or objectionable, or a breach of the user’s or any third-party rights, or illegal in any other way, the user shall contact Expat Orbit through the contact form available on each Expat Orbit Website. Expat Orbit will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the contents, or terminating accounts and/or subscriptions.
   3. The user acknowledges that the Expat Orbit Websites include and provide contents provided by third-party providers as well as links to websites of third parties (altogether third-party contents). Expat Orbit shall not be liable for any such third-party contents.

8. Terms of Termination
1. Even though the membership to Online Community Platform is on a complementary basis, these GTC shall always continue to remain valid and binding as long as the user uses the services.
2. Expat Orbit may however, suspend or terminate the complementary membership at any time without cause. Due notice of any such plans shall be given to the members via appropriate notification / announcement.
3. For active members, subscription to the courses hosted on the Online Learning Platform shall continue to remain valid for the period committed while subscribing for the respective course. Presently, subscription to ‘Fun with Hindi’ Course hosted on the platform shall remain valid for a period of 90 Days for all subscribing members
4. User agree that the subscription to any course is non-transferable and that all rights to course under these terms terminate upon expiry of the subscription period

 


9. Refunds and Refund Credits
   1. The fee paid to purchasing a course on the Online Learning Platform is non-refundable, unless if the refund being sought is for the reasons listed in Section 9.b. Expat Orbit reserve the right to apply user’s refund as a refund credit or a refund to user’s original payment method, at management’s discretion, depending on capabilities of the payment processing partners, the platform from which the user purchased the course and other factors.
   2. Reasons for which refund shall be permissible:
   1. The user made the payment more than once for the same course and subscription period
   2. Discount or coupon code was inaccurately applied while processing the payment. In such a case, refund to the extent it represents correct fee of the course after applying correct value of discount or coupon code shall be allowed as a refund
   3. If for technical or other unforeseeable events or glitches, Expat Orbit has to discontinue the course during the validity of the subscription period, proportionate fee for the remaining classes / lessons shall be refund. However, no fee shall be refunded if the aforesaid events or glitches occur after completion of the course / classes but before the expiry of the subscription period. In such case Expat Orbit may suitably extend the subscription validity once the issue or glitch is resolved
   4. If for any reason Expat Orbit exercises its right to deny membership to Online Community Platform or access to Online Learning Platform post payment of applicable fee by the user
   3. Unless initiated by Expat Orbit, refunds shall not be processed automatically. In order to request a refund for the reasons cited in Section 9.b, user must drop an email to Expat Orbit’s support team at: [email protected]. At Expat Orbit’s discretion, if it is found that the user is abusing the refund policy, such as if user has consumed a significant portion of a course or if user has in the past sought refund of fee for similar or other reasons, Expat Orbit reserve the right to deny the refund, ban user account, and/or restrict all future use of the Services. If we ban user account or disable user access to a course due to user violation of these terms, user will not be eligible to receive a refund.

10. Privacy

Expat Orbit acknowledges that any personal data provided by the user to Expat Orbit is extremely important to the user. Expat Orbit shall comply with all applicable legal provisions regarding data protection. In particular, Expat Orbit shall not provide or otherwise disclose any personal data of the user to any third party without consent, unless Expat Orbit is required by statutory applicable law to reveal the data to third parties, in particular government or regulatory bodies. Details on Expat Orbit’ handling and processing of the user’s personal data are set forth in the Privacy Policy of Expat Orbit.

11. Liability of Expat Orbit
1. Subject to the provisions set out in this section, Expat Orbit shall only be liable for any damages, irrespective of the cause of action, including tort, which (i) are caused by negligent violation of an essential contractual obligation which have to be duly fulfilled for the achievement of the contractual purpose and on which fulfilment the user can rely on under normal circumstances, or (ii) are caused by gross negligence or wilful misconduct of Expat Orbit.
2. To the extent Expat Orbit is held liable under the preceding paragraph, Expat Orbit’s liability shall be limited to those typical damages which Expat Orbit could reasonably foresee at the time of execution of the agreement, based on circumstances known to Expat Orbit at that time, provided, however, this limitation shall not apply if any damages are caused by Expat Orbit’s gross negligence or wilful misconduct.
3. Expat Orbit shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by Expat Orbit’s gross negligence or wilful misconduct.
4. Expat Orbit’s Online Community Platform only provides the technical infrastructure which is necessary for its users to communicate and to interact with other users. Each user is solely responsible for his/her behaviour and his/her interaction with other users. In particular, Expat Orbit does not conduct a background check of its users and does not verify any statement from its users. Therefore, Expat Orbit shall not be liable for any user’s behaviour and interaction with other users.
5. With reference to Expat Orbit’s Online Learning Platform, there are risks inherent to using our Services, for example, if user enrols in a cooking, health or wellness course and while you injure yourself while following or practicing. You fully accept these risks and you agree that you will have no recourse to seek damages against Expat Orbit even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our affiliates, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our affiliates, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
12. Indemnity

The user shall indemnify and hold Expat Orbit harmless and not accountable for claims for breach of third-party rights for which the user is responsible or any damage which is caused by a breach of any contractual obligations by the user. In particular, the user shall indemnify and hold Expat Orbit guiltless and not accountable for claims by third parties resulting from any illegal acts by the user, in particular with respect to contents provided by the user infringing third-party rights or otherwise illegal contents. In so far as such infringement of rights result in court proceedings, the user shall also bear the costs incurred by Expat Orbit as a result, in particular court and attorney costs.

Further, if you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Expat Orbit and it’s officers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

13. Methods of Communication with the User

Unless otherwise stated in these GTC, the user shall submit all notices to Expat Orbit and shall communicate with Expat Orbit through the contact form available on each Expat Orbit Website. Unless otherwise stated in these GTC, Expat Orbit will send all notices and other communications to the user via appropriate notification / announcement through the platform or user’s registered email.

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

14. Miscellaneous
    1. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The same consequence shall apply to unintended gaps within these GTC.
    2. The place of performance under these GTC shall be Expat Orbit’s main place of business.
    3. These GTC and the contractual relationship shall be governed by laws of India and with reference to place of jurisdiction, user consent to the exclusive jurisdiction and venue of the courts in Delhi, India
    4. User and Expat Orbit agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

15. Content Disclaimer

To the best of our knowledge, all information and content on the Online Community platform and or on Expat Orbit Websites published by Expat Orbit is accurate and up-to-date at the time of publication. However, the Expat Orbit and its editorial team makes no claim that the information contained in these content is complete, nor do we give any guarantee whatsoever on the accuracy of the content. While all our content are reviewed regularly, some of the information might have changed since the time of publication or the last review.

Such content is neither legal advice in any way, nor can the same replace the knowledgeable opinion of lawyers or other professionals in the various fields discussed in the content. Please note that Expat Orbit is not responsible for the accuracy of and opinions expressed in member-contributed content.

The content aim to offer current and future expats a glimpse into what awaits them and intends to inform them about the different aspects of expat life. However, we cannot be held responsible if the user’s own experiences differ from what is presented in the content.

It may happen that the Online Learning Platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of the instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. User accept that he / she will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. Expat Orbit (and its affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Expat Orbit (and its affiliates, suppliers, partners, and agents) make no warranty that the user will obtain specific results from use of the Services. Use of the Services (including any content) is entirely at user’s own risk.

Expat Orbit may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Expat Orbit or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.