Terms and Conditions

Last updated: March 23, 2022

Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

Words with the initial letter capitalized have meanings defined under the following conditions. The definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application: the software program provided by the Company, downloaded by you on any electronic device, named Orka App.
  • Application Store: the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store).
  • Affiliate: an entity that controls, is controlled by, or is under common control with a party (control = ownership of 50% or more of shares or voting securities).
  • Country: Argentina.
  • Company: Orka SRL, Gorriti 6051, CABA (1414), Argentina (also referred to as "the Company", "We", "Us", or "Our").
  • Device: any device that can access the Service, such as a computer, cellphone, or tablet.
  • Service: refers to the Application.
  • Terms and Conditions (or "Terms"): this entire agreement between you and the Company regarding the use of the Service.
  • Third-party Social Media Service: any third-party service or content displayed or accessible via the Service.
  • You: the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual is using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement between you and the Company. These Terms set out the rights and obligations of all users.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you do not agree with any part, you may not use the Service.

You represent that you are over 18 years old. The Company does not permit those under 18 to use the Service.

Your use of the Service is also subject to our Privacy Policy. Please read it carefully to understand how we collect, use, and protect your personal information.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company.

We have no control over, and assume no responsibility for, the content or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damage or loss caused by such websites or services.

We strongly advise you to review the terms and privacy policies of any third-party websites you visit.

Termination

We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Regardless of any damages you might incur, the entire liability of the Company and its suppliers will be limited to the amount you paid through the Service or 100 USD if you haven’t made any purchases.

To the fullest extent allowed by law, the Company and its suppliers will not be liable for special, incidental, indirect, or consequential damages (e.g., lost profits, loss of data, business interruption, personal injury, or loss of privacy).

Some jurisdictions do not allow certain limitations, so some of these exclusions may not apply to you.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE" without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee that the Service:

  • Will meet your requirements
  • Will be compatible with other software or services
  • Will operate without interruptions or errors
  • Will correct any errors

We also do not guarantee the accuracy or reliability of any information on the Service, or that it is free of viruses or harmful components.

Some jurisdictions do not allow certain exclusions, so some of these limitations may not apply to you.

Governing Law

These Terms shall be governed by the laws of Argentina, excluding conflict of law rules. Your use of the Application may be subject to local, state, national, or international laws.

Dispute Resolution

If you have any concerns or disputes, you agree to first try to resolve them informally by contacting the Company.

For EU Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law in your country of residence.

United States Legal Compliance

You represent and warrant that:
(i) You are not located in a country subject to a U.S. government embargo or listed as a “terrorist supporting” country, and
(ii) You are not on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is found unenforceable, it will be modified to achieve its purpose as much as possible under the law, and the rest of the Terms will remain in effect.

Waiver

Failure to enforce any right or provision under these Terms will not constitute a waiver of such right.

Translation

These Terms may have been translated. You agree that in the case of a dispute, the original English version shall prevail.

Changes to These Terms

We may update these Terms at our sole discretion. If the changes are material, we will try to provide at least 30 days' notice before new terms take effect.

By continuing to use the Service after changes are made, you agree to be bound by the new Terms. If you do not agree, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can reach us at:
Email: hola@orka.la