ORA | Terms of Use

Last Updated: July 11, 2019

Thank you for using Ora and taking the time to read through our terms and conditions of use (the “Terms of Use,” “Terms”). Creative Labs Management Inc. (“Creative Labs”, “we”, “us”, “our”) operates all Ora’s service platforms (“Service(s)”, “Product(s)”), including the Ora iOS app (“Mobile App”) and ourora.co (“Website”). These Terms create a binding legal agreement between Creative Labs and you (“User,” “Customer,” “you,” “your”). If you are accepting these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity. By using or accessing any of Ora’s Services, you agree that you have read and agree to the Terms of Use and our Privacy Policy (the “Privacy Policy”).

We encourage you to read the Terms carefully before accessing or using Ora’s Products, and use this information to help you make informed decisions. We may update this Terms of Use at any time, without notification to you, and you should review these Terms from time to time. Your continued use of our Services shall be deemed irrevocable acceptance of any such revisions. We may immediately terminate the Terms or refuse any Ora Services with respect to you, delete accounts, remove or edit content, cancel orders or generally cease offering or deny access to the Ora Services or any portion thereof, at any time for any reason without prior notice or liability, including without limitation if you breach the Terms. The provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, ownership, indemnity, and limitations of liability.

If you have any questions about the Terms prior to accepting, please contact us at info@ourora.co

Ora Services

Ora’s social astrology platform provides wellness and new age themed content, including but not limited to, horoscope readings, articles, and multimedia content. All Services, and any information, guidance, advice, suggestions, opinions, or other services are provided purely for entertainment purposes. You should not make any legal, financial, health, or other decisions based on Ora’s Services. Our wellness content is not a valid substitution for professional medical or mental health advice, and we strongly recommend that any user in the need of medical emergency or prevention services seek out the assistance of a qualified medical practitioner.

Much of our content is provided by contributors, including astrology and wellness experts and writers (“Writers,” “Astrologers,” “Contributors”). By using our Services, you acknowledge and agree that Contributors are neither employees nor agents nor representatives of Ora nor Creative Labs. All Contributors are independent contractors of Ora, and as such, Creative Labs does not control the quality, relevancy, or accuracy of any content provided by a Contributor and does not determine whether any Contributor is qualified to provide any specific advice, or whether any postings of a Contributor are accurate, correct, relevant, or appropriate. We assume no responsibility for any act or omission of any such Contributor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, reading, advice, prediction, recommendation, or other information provided by Contributors. You understand and agree that any information provided to you by any Contributor is not a valid substitute for the advice and counsel of a qualified professional.

You acknowledge that our Services may include advertisements and that these advertisements may be necessary for Creative Labs to provide access to the Website and/or Mobile App. You may also receive notifications and updates about Ora services, which you may opt out of in accordance with the Privacy Policy. Any new features that change or enhance the current Services are subject to these Terms, unless explicitly stated. You understand and agree that the Services are provided “AS-IS” and that Creative Labs assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You agree to not use Ora’s Services for commercial purposes or for any use not expressly permitted by these Terms of Use, without the prior written consent of Creative Labs. Commercial use that is prohibited includes but is not limited to: the use or sale of access to the Website or related technologies and services, and the sale of advertising on the Services or any third party website. You may use the Services if you represent a commercial entity that is utilizing the platforms’ functionality to interact with certain services on the Website or Mobile App.

Ability to Enter Into These Terms of Use

In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. We do not knowingly provide access to our Services to anyone under the age of 18 unless such user has parental or legal guardian consent. It is your responsibility to ensure that you are legally eligible to enter into these Terms of Use under any laws applicable to you in your jurisdiction of residence or otherwise.

User Accounts

In order to interact with certain Services, you will need to create a Ora account (“Account”). You agree that you may only create one Account and no more than one Account may be created using the same email address, Apple ID, and/or Facebook account. When creating your Account, ensure that all information you enter is complete and accurate. You are solely responsible for all activity on your Account, so please keep your password protected. You are not allowed to use anyone else’s Account without their permission. If you feel that the security of your Account has been breached or accessed without your permission, you are responsible for notifying us immediately. Personal information you provide to Creative Labs is governed by the Privacy Policy and applicable laws related to personal information.

Account Termination Policy

Creative Labs reserves the right at any time, and without cost, charge or liability, to terminate your Account at its sole discretion for any reason, including, but not limited to, a failure to comply with these Terms of Use. If you establish multiple Accounts, all non-permitted Accounts can be closed without notice to you. Creative Labs also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the U.S.. Creative Labs reserves the right to terminate any portion of our Services at any time, for any reason, with or without notice.

Disclaimer of Warranties

CREATIVE LABS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CREATIVE LABS OR AN ORGANIZER MAY REMOVE THE WEBSITE AND/OR MOBILE APP FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.

YOUR USE OF THE SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE PRODUCTS, INCLUDING YOUR INFORMATION, AND THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIVE LABS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND MOBILE APP, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ORA SERVICES ARE NOT A VALID SUBSTITUTION FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL CONTENT IS PROVIDED PURELY FOR ENTERTAINMENT PURPOSES, AND SHOULD NEVER BE USED TO MAKE MEDICAL, FINANCIAL, OR OTHER PERSONAL DECISIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A PARTICULAR MEDICAL OR FINANCIAL DECISION IS SAFE AND APPROPRIATE FOR YOUR NEEDS. IF YOU ARE STRUGGLING WITH YOUR MENTAL HEALTH, WE STRONGLY RECOMMEND THAT YOU SEEK THE LICENSED ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL. IN ADDITION TO OTHER LIMITATIONS AND DISCLAIMERS HEREIN, CREATIVE LABS AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICES.

CREATIVE LABS DISCLAIMS ANY WARRANTY THAT THE PRODUCTS OR ANY CONTENT, OR THIRD PARTY SOFTWARE AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE LABS MAKES NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE PRODUCTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ORA PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORA OR THROUGH OR FROM THE PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

The Services are offered and controlled by Creative Labs from its facilities in Canada. Creative Labs makes no representations that the Ora Website or Mobile App are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party Content

The inclusion of any third party content on the Website or Mobile App does not imply Creative Labs’ affiliation to the provider of such third party content or its endorsement of such third party content. Because we do not control third party content, you agree that Creative Labs is not responsible for any such third party content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such third party content. Creative Labs reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any third party content (including on any social networking website) in whole or part at any time for any reason with or without notice and with no liability of any kind. You are solely responsible (and assume all associated liability and risk) for determining whether or not such third party content is appropriate or acceptable to you.

Access and use of third party sites, including the information, material, products, and services on third party sites or available through third party sites, is solely at your own risk.

Purchase Pricing

Ora’s Mobile App can be used by all registered account holders for free. However, select premium features are only accessible with a subscription, which can be purchased on a monthly or annual basis. Creative Labs may also include the option of one-time in-app purchases for select features or products. Pricing and availability of all Ora Products are subject to change at any time prior to a purchase being completed. You acknowledge that you are responsible for any Taxes associated with the purchase of Ora Services, as well as complying with any and all applicable tax laws, including tax reporting and payment (“Taxes,” indicating any duties, customs fees, or taxes excluding income tax, including any penalties or interest, that accompany the sale of Ora Services).

Ora Services may be purchased via various payment methods, for which you acknowledge and agree that you must comply with any relevant terms and conditions or other legal agreement which may govern your use of. You are solely responsible for paying for any Ora Services that you order, including all additional fees, such as Taxes, associated with the order. All payments, including additional fees, are due immediately upon order. Creative Labs may add or remove any payment methods at its sole discretion and without notice to you. Our payment processor will use the preferred payment method selected in your Account, and may charge you through the payment methods available in your country, including any Taxes or other additional fees associated with the order. If your chosen payment method is deemed to be expired, invalid, or otherwise unable to be charged, you agree that if available, Creative Labs may use a secondary payment method indicated in your Account. If all payment methods are deemed expired, invalid, or otherwise unable to be charged, then all Ora Services on your account may be removed without notice to you.

All sales are final, unless otherwise indicated in Ora’s Terms of Use or other policies. No returns, replacements, or refunds are permitted. The only exceptions considered are technical issues preventing the fulfillment of purchased Services or being delivered defective Products that do not meet quality assurance standards. If a refund, return, or replacement is granted, the affected transaction may be reversed and you acknowledge that you may no longer be able to access the Ora Service purchased through that transaction. You will not receive a refund if any or all of our Services are temporarily unavailable, and we reserve the right to issue refunds or credits, at our sole discretion, without any obligation to continue issuing same or similar refunds if one has been granted in the past.

Creative Labs reserves the right to introduce various forms of a digital currency, including but not limited to credits, coins, and/or stars. These may be used to make in-app purchases, including but not limited to horoscopes, articles, personal readings, and event tickets. IF YOU DO NOT USE THE DIGITAL CURRENCY ASSOCIATED WITH YOUR ACCOUNT WITHIN A YEAR AFTER IT IS PURCHASED, THIS CURRENCY MAY BE DEEMED INVALID.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL CREATIVE LABS OR ORA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF CREATIVE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE. CREATIVE LABS’ LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $50.00 USD; AND (B) THE TOTAL AMOUNTS YOU PAID TO ORA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OF DAMAGE. TO THE EXTENT ANY STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CREATIVE LABS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN CREATIVE LABS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY THIRD PARTIES. YOU ALSO AGREE THAT CREATIVE LABS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON ORA SERVICES.

Creative Labs takes no responsibility for any content forming part of or related to the Services, and has no obligation to monitor the Services.

Indemnity

You agree to indemnify, defend, and hold harmless Creative Labs and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to these Terms or our Services, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to Ora Services, and any content forming part of the Services; (b) your breach or alleged breach of these Terms; (c) your violation of any rights, including intellectual property rights, of a third party; and (d) all claims brought against Creative Labs or any costs incurred by Creative Labs in connection with any breach by you of the Terms. Creative Labs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Creative Labs and you agree to cooperate with Creative Labs’ defense of these claims. You agree not to settle any matter without the prior written consent of Creative Labs. Creative Labs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Class Action Waiver

YOU AND CREATIVE LABS ACKNOWLEDGE AND AGREE THAT EACH PARTY HAS THE RIGHT TO BRING CLAIMS AGAINST THE OTHER SOLELY IN THE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION WHERE PERMITTED UNDER THE GOVERNING LAW. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN A SINGLE PERSON’S CLAIMS NOR OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous

These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under the Terms of Use, except for any claim, proceeding or action by Creative Labs for equitable relief.

You agree that these Terms of Use are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

These Terms of Use shall constitute the complete and exclusive agreement between you and Creative Labs, and govern your use of Ora Services.

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms and the other provisions shall remain in full force and effect.

Creative Labs may assign these Terms of Use and your Account to any third party in its sole discretion.

These Terms of Use binds you, your heirs, legal representatives, executors and permitted assigns.

The sections of “Intellectual Property Ownership”, “Disclaimer of Warranties”, Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of these Terms of Use and continue in full force and effect.

You represent and warrant that you are authorized and permitted under all laws applicable to you: to use Ora Services, to enter into these Terms of Use and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Services, including, without limitation, any and all import and export control regulations and laws, and a breach of any representation or warranty is a terminable breach of these Terms of Use.