Terms & Conditions
Last updated: 06/10/2020
This website (hereinafter “Website” or “Site”) is operated by Un peu plus loin inc. (hereinafter “Orb”). On this Site, the terms “we”, “us” and “our” refer to Orb. The terms “you” and “your” refer to you, the user. Orb offers this Website, its services, as well as all information and tools available to you (collectively the “Services”), subject to your acceptance of all terms, conditions, policies and notices stated in this agreement.
By visiting or using the Services, you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including terms, conditions and any additional policies referred to here and or accessible through a hyperlink. These Terms apply to all users of our Services.
Please read these Terms carefully before using or accessing our Services. If you do not agree to the terms and conditions of this agreement, then you must not access our Services.
PROTECTION OF PERSONAL INFORMATION
USE OF OUR SERVICES
Orb provides its Website users various types of content depending on the user’s status.
Users who create an account following the purchase of a membership or the booking of our space (“Clients”) will have access to exclusive content, relevant information related to memberships, on top of any content made public by us.
Users who do not make purchases (“Visitors”) may access all content made public by us, such as blog posts.
Clients must provide us with accurate, complete and up-to-date information. As a Client, you agree to promptly update your account and other information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you if necessary.
You agree and understand that you are responsible for maintaining the confidentiality of your account’s password.
If you are a Client, you agree to inform us of any unauthorized use of your account at the following email address: firstname.lastname@example.org.
We will not be responsible for any costs, damages or expenses incurred by your inability to maintain the confidentiality of the password associated with your account.
FEES AND REFUND POLICY
Unless otherwise stated, all fees on our Website for the purchase of our Services are in Canadian dollars. When purchasing from Orb, you agree to promptly pay all fees incurred for the purchase.
All purchases are subject to our payment and refunds policy. Please take the time to read it before making any purchases on our Website.
Unless otherwise stated, Orb and/or it’s licensors own the intellectual property rights for all material and trademarks on Orb. All intellectual property rights are reserved. You may view and/or print pages from www.orb.exchange for your own personal use subject to restrictions set in these Terms.
You must not:
- Republish material from www.orb.exchange;
- Sell, rent or sub-license material from www.orb.exchange;
- Reproduce, duplicate or copy material from www.orb.exchange;
- Redistribute content from Orb (unless content is specifically made for redistribution).
- If you believe that your work has been illegally uploaded to our Website or made part of our Services, you may reach out to us at email@example.com.
- Certain parts of our Website offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”). Orb does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of Orb, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Orb shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.
- Orb reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms.
You warrant and represent that:
- You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Orb a non-exclusive royalty-free perpetual license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
If you are interested in linking to our Website and do not appear amongst the organizations listed above, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
You agree to indemnify, defend and protect Orb, our subsidiaries, affiliates, partners, officers, directors, employees, and service providers, with respect to any claim or demand, including reasonable attorney’s fees, made by any third party due to or a rising from your breach of these Terms or from your use of this Website and our other Services.
We reserve the right, in our sole discretion, to modify or suspend this Website and the rest of our Services, without prior notice. We also reserve the right to remove or modify the Services made available by Orb as well as the descriptions, prices, and other information associated with our Services.
It is your responsibility to visit our Website regularly to see if any changes have been made.
We will not be liable to you or any other third party for any modification, suspension or interruption of the Website and the Services presented therein.
You are prohibited from using our Website or our Services in general:
(a) for illegal purposes;
(b) to induce third parties to perform or participate in illegal acts;
(c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation;
(d) to download, display, transmit, distribute or otherwise reproduce any type of content in a manner that would infringe or violate our intellectual property rights or those of third parties;
(e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of gender, sexual orientation, religion, ethnicity, race, age, origin, or disability;
(f) post, transmit or otherwise distribute documents that contain a virus, Trojan horse, worm or other harmful or disruptive element;
(g) to collect or track the personal information of others, to pretend to be someone else or to submit false and misleading information;
(h) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); to alter in any way the visual presentation or appearance of our Website;
(j) for obscene or immoral purposes; or
(k) to undermine or circumvent the security measures of our Website, any other website, or the Internet.
We reserve the right, in our sole discretion, without notice, to terminate this agreement if we deem that you have been unable to comply with these Terms, if we deem your behaviour on this Website to be unacceptable, or for any reason whatsoever. In order to use or access our Website and other Services, you must have reached the age of majority in the jurisdiction in which you reside.
We shall have no responsibility or liability for the opinions and the work of our content contributors. All content created by third-parties is the sole responsibility of these third-parties.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not claim or warrant that your use of our Website will be uninterrupted, fast, secure or error-free.
You agree that, from time to time, we may remove the Website for indefinite periods of time or limit access to it without notifying you in advance.
You expressly agree that your use of the Website, or your inability to use the Website, is at your sole risk. We assume no responsibility for any loss or damage of any kind arising from the use of our Site or the content that is available on our Site. We do not guarantee the quality, accuracy or completeness of the statements or information on our Site. All information and statements posted on our Site are provided “as is” without warranty or condition of any kind.
You agree that your use of this Website and the content you choose to download is at your own risk. Orb assumes no responsibility for the costs of data loss, damage, repair or replacement of property, materials or equipment or any other damage resulting from your use or inability to use this Website or the rest of our Services.
You agree to indemnify, defend and protect Orb, our subsidiaries, affiliates, partners, officers, directors, employees, and service providers, with respect to any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your breach of these Terms or from your use of this Website and our other Services.
Some content available through our Services may include material from third parties. Some links may redirect you to sites whose owners are not affiliated with Orb. We do not control and are not responsible for the content on these sites. We assume no responsibility for any content, website, product, service or other material found on these sites. Please take the time to contact the relevant third-parties if you have any concerns regarding links or content on such sites.
MODIFICATIONS TO THE TERMS
You can view the most recent version of the Terms at any time on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our Website. It is your responsibility to visit our Website regularly to see if any changes have been made. Your continued use of or access of our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
These Terms and any other separate agreements through which we provide you with our Services are governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to conflict of laws principles.
All disputes between you and Orb will be submitted to the competent court in the judicial district of Montreal, exclusively.
If you have any questions about the Terms, you may reach us at the following address:
Un peu plus loin inc. (Orb)
435 Rue Beaubien O, 3rd floor
Outremont, Montreal, H2V 1C9, Quebec, Canada
Last updated: 06/10/2020
To make this Policy as clear as possible, we have determined the occasions when a user would potentially share Personal Information with Orb. The Policy is therefore divided as follows:
Learning about Orb
Purchasing Orb services
Contacting Orb’s customer service
Learning about Orb
When you visit our Website, Orb collects, like most website operators, information such as the browser type, language preference, referring site, and the date and time of each visitor request. From time to time, Orb may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.
We also collect Personal Information such as your name and email address, when contacting us through our contact form. You may also decide to subscribe to our newsletter to stay up to date with what Orb is doing.
We collect: first name, last name, email address (as well as any other information you provide us when contacting us), Internet Protocol (“IP”) address for logged in users and for users leaving comments on our blog posts, and information provided by cookies or similar technology, such as the type and version of browser you are using to access our Website, the page you were on before heading to our Website, the amount of time you spend on our Website, the pages you decide to visit, as well as the date and time you are accessing our Website on.
Why: Orb’s purpose in collecting this information is to better understand how Orb’s visitors use its Website in order to increase our Website’s functionality and ultimately, optimize it to better meet our users’ needs. It also allows us to accompany you in the process of learning more about us and to ensure you receive a high standard of service when you first contact us.
To learn more about the third-party services we use, you may consult our complete list of third-party services in the “Whom we may disclose your information to and why” section of this Policy.
If you are a registered user of our Website and have supplied your email address, Orb may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Orb and our services. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum.
Purchasing Orb services
Once you have gathered enough information about us and what we can do for you, you may decide to purchase some of our services (a membership, for instance).
Those who engage in transactions with Orb are asked to provide Personal Information, including as necessary the personal and financial information required to process those transactions. In each case, Orb collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Orb.
We collect: first name, last name, phone number, email address, address, billing address, and payment information.
Why: We use this information to complete your transaction, to process payments, to fulfill any legal obligations we might have towards you once you have purchased a service from us, and to contact you in the future for promotional purposes.
Please note that if you refuse to provide us with such Personal Information, we will not be able to process your orders and make the services you have purchased available to you.
Contacting Orb’s customer service
From time to time, you may decide to contact our customer service with questions or any other requests. To be able to offer you the best assistance possible, we may collect certain Personal Information about you.
We collect: contact information such as your first and last name, email address, and the content of your communications with us.
Why: we collect this Personal Information to identify you, to give you the best assistance possible and to fulfill your demand or answer your questions.
If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
HOW WE USE YOUR PERSONAL INFORMATION
We use the Personal Information we collect to improve and personalize your experience on our Website. We also use the Personal Information we collect to communicate with you about your account, the services you have purchased or to inform you of any relevant news.
We may use your Personal Information for the following purposes:
- To improve our Website by developing new features, doing research and maintaining the current performance of our Website;
- To offer you the best customer support there is;
- To guide our business decisions and develop new offers that are relevant for our clients;
- To communicate with you, whether for marketing, advertising or account maintenance purposes.
- To ensure we respect the contractual and legal obligations we have towards you when you purchase services from us;
- To ensure we are paid;
- To fulfill any legal and regulatory obligations we might have.
To enrich and perfect your online experience, Orb uses “cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
The cookies we use perform up to four different functions:
- Performance cookies: we use these cookies to analyze how our visitors use our Website and to improve our Website’s performance.
- Functionality cookies: we use these cookies to allow us to remember your preferences every time you visit our Website.
- Advertising cookies: these cookies are used to display advertisements to you, based on your interests.
- Essential cookies: some cookies are essential for the operation of our Website. Disabling these cookies will stop you from accessing our Website or using all of its features.
- If you would like more information about cookies, you may visit the following website: https://www.allaboutcookies.org
WHOM WE MAY DISCLOSE YOUR INFORMATION TO AND WHY
We do not and will not sell Personal Information about our users. We only disclose your Personal Information as authorized in this Policy. We may however share information with the following types of parties:
Third-party vendors: we may disclose your Personal Information to third-party vendors. For instance, we may share some of your Personal Information with banking institutions (to process certain payments) or with our IT providers.
In general, the vendors we use will only collect, use and disclose your information as necessary to provide the services they offer, such as email communications or website hosting.
However, please note that certain third-party vendors have their own privacy policies when it comes to the Personal Information we are required to provide when using their services. As for those vendors, we suggest you take the time to read their privacy policies to allow you to understand how your Personal Information will be processed.
List of third-party IT vendors
1- Calendly (appointment scheduling): https://calendly.com/pages/privacy
2- Dreamhost (hosting): https://www.dreamhost.com/legal/privacy-policy/
3 – Facebook (advertising): https://www.facebook.com/policy.php
4 – Google (website analytics): https://support.google.com/analytics/answer/6004245?hl=en
5 – To opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads: http://www.google.com/settings/ads
7 – To install the Google Analytics Opt-out Browser Add-on: https://tools.google.com/dlpage/gaoptout?hl=en
8 – Sendinblue (email marketing): https://www.sendinblue.com/legal/privacypolicy/
9 – Stripe (credit card processor): https://stripe.com/en-CA/privacy
Parties with whom it might be legally necessary:
we may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to:
- Conform with the law or with any legal proceedings;
- Protect the rights or property of Orb;
- Protect the safety of our Website, our users, and their Personal Information.
Parties who might take part in a financial transaction with Orb we may transfer your Personal Information in the event of a change of ownership, sale, merger, liquidation, reorganization or acquisition of Orb. We will only do so if the party acquiring your information agrees to comply to the terms of this Policy.
Please note that you may have to leave our Website by clicking on certain links on our Website. We do not assume any responsibility for the privacy practices of these other sites and recommend that you read their privacy policies carefully.
HOW TO ACCESS AND CONTROL YOUR DATA
You may verify, modify or delete your Personal Information by sending us an email to email@example.com . We will reply to your demand as soon as we can. Please make sure you provide us with enough information to be able to identify you and fulfill your demand.
WHERE YOUR DATA IS STORED
Your Personal Information is stored locally in Montreal, Canada as well as on Dreamhost’s servers in the United States. Your Personal Information may also be stored in other countries, following a transfer to the third-parties we work with.
HOW LONG WILL YOUR DATA BE KEPT FOR
We will retain all Personal Information collected through our Website for as long as it is necessary to achieve the purposes for which we collected it or for other essential purposes such as compliance with legal obligations. As long as your account with us is active, we will keep your Personal Information on our systems. We will also dispose of your Personal Information if you decide to withdraw your consent. Once your Personal Information is deleted, you will receive confirmation that your request has been fulfilled.
We take reasonable precautions to ensure that your Personal Information is protected and that it is not lost, misappropriated, accessed, disclosed, altered, or destroyed in an inappropriate manner.
For instance, we ensure that access to your Personal Information is restricted to Orb personnel and contractors for whom this access is necessary for the performance of their duties.
Our website has an SSL certificate. We also use the lua-resty-waf firewall to mitigate any brute-force attacks against our Website or protect our Website against malicious bots.
You can also browse our list of third-party providers to learn more about their security measures.
If you have any questions about the security of your personal information, please send us an email to firstname.lastname@example.org.
QUEBEC PRIVACY COMMISSIONNER’S OFFICE (COMMISSION D’ACCÈS À L’INFORMATION DU QUÉBEC)
If you are not satisfied by Orb’s response following a request regarding the access of your Personal Information, you may contact the Quebec Privacy Commissioner’s Office, the public authority in charge of overseeing personal information handling practices in Quebec.
500, boul. René-Lévesque West
Montreal (Quebec) H2Z 1W7
Phone number: 514 873-4196
Fax number : 514 844-6170
Toll-free number: 1 888 528-7741
Email address: email@example.com
QUESTIONS AND CONTACT INFORMATION
If you wish to: access, correct, modify or delete any Personal Information that we have about you, file a complaint, or if you simply want to have more information, you may contact us at the following address:
Un peu plus loin inc. (Orb)
435 Rue Beaubien O, 3rd floor
Outremont, Montreal, H2V 1C9, Quebec, Canada
Payment Policies & Refunds
You must provide ORB with valid credit card information before the start of your Membership. Membership fees will be automatically charged to your credit card on a monthly basis, for the duration of your term, through our credit card processor, Stripe.
Membership fees are not refundable.
A one-time security deposit representing 1-month of your term will be charged to your credit card at the beginning of your Membership, in addition to a $30 key deposit. The guarantee deposit will be remitted to you thirty (30) days after the end of your Membership, unless the Space (or the Studio, if applicable) has been damaged by you, the Members or any Guests of yours during the term of your Membership, in which case the guarantee deposit will be used to compensate ORB for those damages. If the guarantee deposit is not enough to cover the damages, ORB will send you an invoice for the appropriate amount.
Production Studio Rentals
By booking space through our website, you will have access to ORB’s large room (production space), ORB’s entrance lounges, and ORB’s hair and makeup room, for the duration of the rental indicated through your booking.Your rental also comes with the following amenities:
Access to a freight elevator with street access (Durocher street);
Speaker with bluetooth connection;
Steamer and hangers;
A selection of coloured backdrop and photograph stands
At an extra cost, you may use ORB’s furniture and object collection. Should you wish to use our curated selection of furniture during your production, please send us an email at firstname.lastname@example.org and will will send you a quote.
*Please note that a full-day represents 8 hours of studio use. Additional studio time will be billed as follows : Between 0 and 30 minutes = 75$. Additional time, between 30 and 60 minutes = 150$/hour.
Terms of Payment
A payment of 100% as well as the security deposit is requested at your time of booking, in order to reserve the studio for the production dates in our space’s calendar. Please note that a security deposit of $1,000 will be charged to your card. This deposit will be refunded to you within seven (7) business days, after the end of your production, except if the space, or its objects have been lost or damaged by you or your guests during the rental period. If the deposit is not enough to cover the damages or loss, ORB will send you an invoice requesting the appropriate amount.
Refunds and cancellations.No refunds on bookings or cancellations.
Damages and insurance
ORB will not maintain any insurance on your behalf. Insurance for your belongings, your team, and professional liability is your responsibility. ORB will not be held responsible for any damages or loss to your belongings, your team or your Guests during your rental period.
COVID and security guidelines
Due to the pandemic, and with regards for everyone’s safety and well-being, ORB has been allowing a maximum of 15 people in the space at a time. We will continue to abide by this restriction until the situation stabilizes. Upon arrival, every single guest must pass by the washroom to wash their hands with soap and hot water for 30 seconds. Hand disinfectant is also mandatory upon entrance. Masks are mandatory at all times. ORB is a wide open space, with ample air circulation, however we ask that people keep a safe distance from each other (2 meters minimum) and cough in their elbow. Finally, we are adding strict cleaning fees, so that ORB can be fully cleaned, and all surfaces disinfected after each use. This is what we believe is necessary to do in order to keep the creative industries going, until a vaccine is found.
Cleaning and house rules
You are responsible for keeping the space as you found it, and dispose of your garbage or recycling appropriately should you have any. In the event that you order food, or use ORB’s dishes, we ask that these be washed and put back in their original space.
Please let us know if you and your team will require access to ORB’s freight elevator, on the days of production, for your equipment and installation. We will be happy to accommodate logisitics.
You agree to indemnify and keep indemnified ORB in the event of any and all claims, demands, actions, disputes, monetary loss, loss of business opportunities or fees (including reasonable attorney fees) arising from a breach of this Agreement by you, or one of your Guests. This includes, but is not limited to, any third-party lawsuit, and any material damage caused by you, your Members or one of your Guests to the Space (or the Studio, if applicable) or to ORB’s belongings.
The Parties shall ensure that any confidential information or material which is obtained during the scope of this Agreement or in negotiation thereof is kept confidential.
Confidential information or material refers to any information, not in the public domain, that either Party learned while fulfilling this mandate. This includes, but is not limited to, this Agreement, the actual and potential customer and vendor lists, pricing schedules, marketing
strategies, commission due or received under this Agreement by you, research data, financial data, know-how, or any other technical, commercial or legal information, belonging to either Party, their business partners or clients.
The Parties undertake that they shall not expose any confidential information except: a) with the prior written consent of the other Party
b) if it was previously known to the other Party without an obligation to keep it confidential,
as can be substantiated by written records;
c) if it becomes part of the public domain without fault on the part of the other Party d) if it is required to be disclosed pursuant to law, regulation, judicial or administrative order,
or request by a governmental or other entity authorized by law to make such request; Sales taxes
The amounts mentioned in this Agreement do not include applicable sales taxes. These taxes need to be added to the amounts due to ORB.
The present Agreement is made under the exclusive jurisdiction of the laws of Quebec, Canada.
In the event of a dispute arising from this Agreement, the Parties will first attempt to settle it amicably.
If the Parties cannot reach an agreement, legal proceedings shall be commenced and shall proceed in the legal district of Montreal, Quebec, exclusively.
The prevailing Party shall be entitled to recover its costs, including reasonable attorneys’ fees.
ORB shall also be entitled to any fees incurred following the use of a collection agency to enforce the financial obligations under this Agreement.
You hereby confirm that you agree that this Agreement and all related documents be drafted in English. Vous confirmez que vous acceptez que le présent Contrat et tous les documents connexes soient rédigés en anglais.