Terms of use
These terms of use (the “Terms”) are a legal agreement between you (“you”) and Apollon Travel Limited (“Orbzii”, “us”, or “we”) in respect of your use of the Orbzii app (the “App”) and any text, images, videos, logos and photographs that are incorporated into and form part of the App (“App Content”).
By downloading and installing the App onto your device or clicking on the “Accept” button below you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App and you must not use it and you must uninstall it from your device.
You must be over 16 in order to use the App. If you are under 18, you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms. Your parent or guardian agrees to these Terms on your behalf.
These Terms are only available in the English language. You should also print a copy of these Terms for your future reference.
IMPORTANT NOTE: The purpose of the Orbzii App is to provide an advertising and booking platform for holidays and travel arrangements (“Travel Services”) supplied by third party travel providers (“Third Party Travel Provider”). Apollon Travel is not responsible for the actual provision or fulfilment of the Travel Services. If you make a booking for Travel Services, your booking is with the Third Party Travel Provider advertising the Travel Services and its terms and conditions shall apply to your booking. Please see clause 4 for further information on any booking you make on the App, and clause 10 for further information on our liability to you.
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded this app from the Apple AppStore, Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time by notifying you of a change when you next start the App (we may also email you about any material changes to the Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.
From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements.
You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.
Access to the App may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence (i.e. permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorised App Store Providers only, and you may view, use and display the App for your personal purposes only.
Except as explained in these Terms or as permitted by any applicable local law, you agree: (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, vary or modify the App (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, and (d) not to provide or otherwise make available the App in whole or in part in any form to any person without prior written consent from us.
You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You must keep your password and any other authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorised use of the App.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Any booking you make for Travel Services on the App is with MAJOR TRAVEL PLC (Company No: 01805034) (“Major Travel”), and its terms and conditions apply to your booking. These will be made available to you on the App during the booking process and can also be found here: [https://www.major.travel/termsandconditions.php]. Any booking you make via the App will be subject to both the Major Travel’s Booking Conditions, as well as these Terms, and we advise you to read both carefully.
These Terms also incorporate the terms of our privacy policy (as updated from time to time), which is available from within the App and on our website at [https://website.orbzii.com/privacy-policy/] (the “Privacy Policy”) unless any element of the App is subject to a separate privacy policy, which we notify to you. Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).
By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your device as explained in the Privacy Policy.
You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms.
In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
The App Content may include trademarks or copyright material owned by us or third parties. The App Content includes the text, images, videos, logos, and photographs that are incorporated into and form part of our App. The term ‘App Content’ also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the App Content.
The App Content may only be used as part of our App and may not be used independently.
App Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. You understand we have not made any representation or warranty that your use of the App Content will not infringe or violate the trade mark rights of any third party. We do not grant any right or give any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the App Content. It is your sole responsibility to make sure that you have all the necessary rights, consents and licences for their use.
All descriptions and content relating to Travel Services displayed on the App is provided to us by the Third Party Travel Provider and is intended to present a general idea of the Travel Services being made available to book by the Third Party Travel Provider on the App. Not all details of the Travel Services can be included on the App. All Travel Services shown are subject to availability. If you require any further details in respect of any Travel Services, you must contact the Third Party Travel Provider for further information.
Please note that any ratings or standards included on the App are as provided by the relevant Third Party Travel Provider and are intended as a guide only.
Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via the App (“User Content”), or to share any User Content with other users of the App, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to compensate us for any loss we suffer if anyone makes a claim against us due to any of your User Content. We will not be responsible, or liable to any third party, for any User Content submitted by you or any other user of the App.
Any User Content you upload to the App and any feedback or suggestions you provide to us regarding the App will be considered non-confidential and non-proprietary, and we have the right (subject to our Privacy Policy) to use, copy, distribute and disclose it to third parties for any purpose without limit in time and without payment to you. Whilst we may not actively monitor any User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
The App may contains links to or allow you to share content directly with other third party services such as Facebook, Instagram and Twitter (“Third Party Services”). You acknowledge that we have no control over the Third Party Services and are not responsible for their contents and/or availability.
We do not endorse the content or other material contained in the Third Party Services and have no association with their operators. Your use of the Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with the Third Party Terms.
We provide the App on an “as is” and “as available” basis. We make no guarantee that the App will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the App, whether express or implied.
We only supply the App for domestic, personal and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We only supply the App as an advertising intermediary and booking platform for Travel Services. We are not responsible for the provision or fulfilment of any Travel Services you may book though the App. Our responsibilities are limited to displaying the Travel Services on the App and providing a booking platform allowing you to make a booking with the Third Party Travel Provider for the Travel Services. We accept no responsibility for any information about the Travel Services that we make available on the App in good faith.
Our maximum total liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise (including in relation to any booking you make via the App), shall in all circumstances be limited to the total amount paid by you to us as part of your use of the App.
Nothing in these Terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be excluded or limited by English law.
Nothing in these Terms restricts any legal rights you may have as a consumer.
We may terminate these Terms and your permission to use the App immediately if (a) you commit any breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease, (b) you must immediately cease all activities authorised by these Terms (including your use of the App), (c) you must immediately uninstall and remove the App from your device(s), and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by e-mail or using any other contact details you provide to us.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are governed by English law and the courts of England and Wales will have exclusive jurisdiction.
These Terms were last updated on 16 December 2019.
Apollon Travel Limited
Registered Office Address: C/O Bulpitt Crocker Taxation Ltd Burlington House, Old Christchurch Road, Bournemouth, Dorset, United Kingdom, BH1 2HZ
Company No: 11931320
VAT No: 134699874
Contact email address: [email protected]
