Orbs Ltd. ("Orbs" or the "Company"), a company organized under the laws of the State of Israel, is pleased to launch the Orbs Ecosystem Grant Program (the "Program") pursuant to these terms and conditions (the "Terms").
Orbs has developed and launched an innovative decentralized network platform providing blockchain Infrastructure as a Service (IaaS) for large scale consumer applications and other business uses (the "Orbs Network"), that uses an ERC-20 standard blockchain token for its operations ("Orbs Tokens").
Additional details, application guidelines and FAQs regarding the Program, as amended from time to time, shall be published on the Company's website at https://www.orbs.com/ (the "Website") In the event of any inconsistencies, the Company's determination, made in its sole discretion, shall prevail.
Please read and review these Terms carefully.
Grant Programs and Purpose.
The Program is aimed to fund research, development of open-source software, education and community engagement, supporting the growth of a vibrant ecosystem by providing applicants with grants in the form of fiat money, BTC, ETH, Orbs Tokens or such other form of consideration as the Company may select from time to time ("Grants").
The Company's Grant-making philosophy and funding programs revolves around its mission to build a truly decentralised, open-source ecosystem and developer community around the Orbs Network. The Company is interesting in receiving applications from interested parties who believe they have a proposal that can advance blockchain technology or add value to the Orbs Network ("Applicants").
All Grants given to accepted Applicants (each, an "Awardee") are subject to the completion of any prescribed deliverables, restrictions or other conditions as indicated in a definitive document such as a final endorsed Grant Award Letter issued to an Awardee. These Terms, the applicable Award Letter, together with any Schedules and Annexures, will form the Agreement which will bind both the Company and the Awardee for the purposes of the Grant.
Awardees shall use the Grant only for the specified purpose as detailed in the final Award Letter ("Purpose"). The Grant shall be used to complete the Purpose and there shall be no variation of the Purpose without the Company's prior written approval. The Company will not be obligated to continue funding or provide further Grants beyond what is set out in an Award Letter for that Purpose.
Awardees shall perform the Purpose . If an Awardee fails to perform the Purpose to the Company's satisfaction, the Company shall be entitled to withhold the disbursement of the Grant (or any portions of it). For the avoidance of doubt, the Company is not obliged to provide any further Grants in the event of any delay or failure of Purpose.
Eligibility
All Applicants must either be (i) an adult of at least 18 years old with a track record in his or her related industry; (ii) an established corporation with a track record in its industry and in good legal standing; or (iii) Universities/Professors/Researchers/Students from academic institutions; in each case, who are legally able to enter into these Terms.
Potential Applicants shall not register for this Program if there are legal restrictions in their respective country of residence or domicile for entering into these Terms or receiving a Grant. It is the sole responsibility of the Applicant to ensure that the Applicant's participation in the Program is not prohibited by any applicable law, regulation or rule in your country of residence or domicile.
Applicants are not eligible to receive Grants in Orbs Tokens if such Applicant is domiciled in or resident of, or physically present / located in any of: (i) the United States of America and its Territories; (ii) or any country that is subject to comprehensive sanctions, including but not limited to Iran, Lebanon, North Korea and Syria, or (iii) any jurisdictions in which the Program and/or transfer, purchase or sale of Orbs Tokens themselves are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction (hereinafter referred to as "Excluded Jurisdictions").
Applicants from the United States of America and Excluded Jurisdictions in which transfer, purchase or sale of Orbs Tokens is prohibited (but not any country subject to comprehensive sanctions), may, to the extent permitted by applicable law and subject to all AML/CFT requirements, be awarded a cash Grant, the amount and terms of which shall be determined by the Company. Applicants are required to provide further personal information, including bank account information of an approved bank to be eligible to receive a cash Grant. Applicants shall be responsible for bearing all costs, bank fees and taxes in connection with the receipt of any cash Grant and all Grants are subject to the tax and withholding provisions set forth in Section 5.4.
The Company may require you to furnish such documents and personal information so as to prove your identity, status and/or eligibility for the Program. The Company reserves the right to reject your application or eligibility for a Grant if you are unable to furnish such documents or information to the Company's satisfaction.
The Company shall have the unfettered right to, in its sole discretion, disqualify any application, change the nature of any Grant and/or require the termination or refund of any Grant to the Company if an applicant does not comply with these Terms, in the event of any illegality or if mandatory compliance with any applicable law is required.
Submission Process
The following are the steps you must follow in order to submit an application for a Grant. You are required to remain updated and conform with all additional steps and details as published on the Orbs website or as may be amended from time to time.
Pre-Application Information. Applicants are required to familiarize themselves with the documentation and information in the Website, including the application process, the application form, and these Terms, made available on the Website. Optionally, applicants may submit a pre-application form to receive initial feedback on the proposal before going through the full application process.
If you are applying on behalf of your organization, you shall obtain all required corporate authorizations to bind your organization to these Terms and provide evidence of such corporate authorizations upon request.
To apply for a Grant, you must send a written proposal, in pdf format, via email to grants@orbs.com
All proposals should contain relevant information regarding the applicant, core team members and a description of the proposed project including a description of the problem, the proposed solution and the general plan of development for such solution.
The Company will acknowledge receipt of your submission. The Company will undertake an initial vetting process to determine that the proposal has met the basic requirements of the Program. The Company may reach out to you by email to get more details or schedule a conference call to discuss your project further.
Subject to completing the initial vetting process set forth in Section 3.1.5, the Company will submit the proposal to the OEGP Grant Committee (as defined in Section 4.1). The OEGP Grant Committee will review the submission and make a determination if any Grants will be made. During the evaluation process, the OEGP Grant Committee may reach out to applicants for additional clarification or discussion of the application under review. Applicants will receive an endorsed Award Letter from the Company if their application for a Grant is approved. All decisions regarding Grants, distribution dates and eligibility / qualification for Grants are at the Company's sole discretion.
As a condition for receiving the Grant you may be required to complete identify / KYC checks and deliver such further legal agreements, grant letters, containing representations and warranties on confidentiality and intellectual property. All Grants shall be subject to the provisions on Ownership & Intellectual Property found in Section 7 of these Terms.
Submissions will be accepted in English language (translated versions are also accepted) and in the format detailed above or as may be determined by the Company from time to time. Any incomplete/inaccurate entries shall be invalid. Incomplete, illegible, corrupted, unrecognisable formats, and untimely entries or submissions will be void and disqualified.
Adequate documentation is required as a condition for all Grants. The Company may, after reviewing your proposal, come back with the suggestion to improve your documentation before awarding a Grant or periodic payment. The Company may impose repository guidelines to ensure accessibility of open source projects to the community of developers and end users, and to simplify assessment of deliverables.
The Company will inform applicants on the outcome of their applications after the evaluation process is fully concluded. Applicants are not limited to just submitting one application to the Program. Every new submission will be reviewed in isolation and will not affect any other submission.
You represent and warrant to the Company that you have all right, title and interest to any submission or application submitted under this Program and that all deliverables thereto are your own original work.
Evaluation.
The Company shall appoint an internal evaluation committee to evaluate and approve Grants including to whom to award the Grants and the level of support given (the "OEGP Grant Committee"). The determination of the OEGP Grant Committee Committee will also include the timeline of distribution of the Grant and any required conditions.
The OEGP Grant Committee has the right to substantiate/audit/verify all applicant's details/information provided. The Company may seek any further document or information, as may be reasonably required for verification purposes. If such a request is made and the applicant either fails or does not agree to provide the same, the Company shall have the right to disqualify the applicant. If at any time, any information provided by an applicant is found to be false or misleading in any manner, the applicant will be disqualified from the Program and may not receive and shall be liable, on written demand, to return any Grants awarded under the Program.
Applicants are required to respond to requests for information and enquiries within 5 business days during the evaluation period, failing which it may be deemed that the applicant has withdrawn the application.
Proposals will be evaluated based on the evaluation criteria determined by the OEGP Grant Committee in its sole discretion. Shortlisted applicants may be required to make a video presentation of their team and project. The pitch will be conducted via video or telephone conference.
If an applicant decides to change the use of Grant or nature of application after the final evaluation is completed, the OEGP Grant Committee reserves the right not to proceed with the award and disbursement of the Grant.
All decisions made by the OEGP Grant Committee are final and any disputes will not be entertained. All decisions of the Company on all matters relating to the administration of the Program and formation of the OEGP Grant Committee are final and binding on all Applicants and Awardees. In the event that an applicant or awardee should disagree with any of these Terms or any decision made by the Company, such person will have the right to withdraw its submission and application.
Award of the Grant.
Grants may be made in a single lump sum distribution to the wallet address or bank account provided by the team leader or corporate representative of the awardee. Grants may also be distributed in tranches. The Company is not responsible for the handling or distribution of the Grant after the lump sum or partial award is made to the team leader or corporate representative. The Company would not be liable for any loss or theft of secret keys or any other mishap relating to your Grant for any reason whatsoever.
Any statutory taxes, duties or levies as may be applicable from time to time, arising out of or in respect of any Grant shall be payable by the recipient of the Grant and all Grants are subject to the tax and withholding provisions set forth in Section 5.4.
In the event that you fail to claim a Grant or are uncontactable within 30 days of the relevant date of distribution, the Company reserves the right to withdraw the Grant.
Awardees may be required to provide certain personal information to facilitate receipt of the Grant, including completing and submitting any tax or other forms necessary for compliance with applicable withholding and reporting requirements. Awardees are also responsible for complying with foreign exchange and banking regulations in their respective jurisdictions and reporting the receipt of the Grant to relevant government departments/agencies or tax authorities, if necessary. In the event that tax is required to be withheld at source, Orbs shall be entitled to withhold said tax at the required rate.
The Company shall be entitled to engage in monitoring to verify that the Grant is being utilized for the Purpose and in accordance with these Terms and Conditions, and Awardees shall provide any documentation reasonably requested by the Company for purposes of such verification. The foregoing shall not create any obligation on the Company to undertake any such monitoring and the Awardee shall be solely responsible for all of its obligations hereunder and under the applicable Award Letter.
Acceptable Use Policy
You may not take any action to interfere with the Program or abuse, manipulate or insert any code or product in a manner to manipulate the Program in any way. You are required to comply with all statutes, orders, regulations, rules, and other laws applicable to you. In addition, we expect all applicants and awardees to respect the rights and dignity of others. The award of any Grants is conditioned on your compliance with the rules of conduct set forth in this Section.
In the event that, in the course of developing or implementing a project, an Applicant or Awardee (collectively, "Participants") interacts with or uses the Orbs Network, all such use or activity is subject to the Orbs Network Terms of Use which are available at https://github.com/orbs-network/orbs-network-go/blob/master/NETWORK-TOU.md.
Without limiting the generality of the foregoing, you shall not nor cause or encourage others for any illegal, harmful, fraudulent, infringing, or objectionable activities. Here is a non-exhaustive list of prohibited activities:
Any act which might bring the Orbs Network and its affiliates into public disrepute;
Applications that would infringe any applicable laws and regulations, including Anti Money Laundering /Countering of the Financing of Terrorism laws and regulations;
Information or content in any submission or application that is illegal or criminal, false, fraudulent, deceptive, misleading, defamatory, threatening, libelous, slanderous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual or any third party;
Disrupting, manipulating, or degrading the operation of the Program;
Phishing, spamming, or pharming;
Unsolicited contacting of Users or other abusive behavior;
Illegal advertising or fraudulent marketing activities;
Infringing or misappropriating the rights of others
Creating a security risk for the Orbs Network, the Program or for any Program applicant or awardee.
In the event that the Company discovers that you have engaged in unfair, excessive or abusive usage or conduct, the Company reserves the right to take such actions as may be necessary, to the fullest extent possible under law, to protect the Company from losses, damages, harm or degradation of any form and manner, including publishing your disqualification from the Program and requiring the immediate return of any Grants awarded to you under the Program.
The Company does not and shall not discriminate on the basis of race, color, religion, creed, gender, gender identity and expression, age, national or ethnic origin, disability, marital status, sexual orientation, familial status, genetic predisposition, criminal conviction, domestic violence victim status, veteran status and/or military status and all other protected classes, in any of its activities or operations. These activities include, but are not limited to, judging the Program. In the interest of fostering an open and welcoming environment, each applicant and awardee agrees to make participation in the Program a harassmentfree experience for everyone, regardless of age, body size, disability, ethnicity, sex characteristics, gender identity and expression, level of experience, education, socioeconomic status, nationality, personal appearance, race, religion, or sexual identity and orientation.
Ownership & Intellectual Property
The Company does not seek to own the content or copyright you submit to us. But we do need certain assurances from you in order for you to be qualified to receive a Grant from us.
Participants represent and warrant that that their application, submissions and entries to the under the Program: (a) are their own original work with no other person or entity having any right or interest therein; (b) do not infringe the intellectual property right or any other rights, including but not limited to copyright, trademark, patent, trade secret, contracts and/or privacy rights of any third party; (c) all third party intellectual property rights are clearly identified; (d) Participant possesses and controls all rights necessary to submit the application irrevocably and without restriction to the Company and (e) that publication of press releases and relevant information by the Company via various media including web posting and social media, will not infringe on the rights of any third party. In submitted a proposal for a Grant, participants agree to hold harmless and indemnify the Company against any such third-party claims. If a submitter is accepting these terms on behalf of an organization, such submitter represents and warrants that they have full authority to bind such organization to these Terms.
Participants may use open source software, provided such usage complies to the respective open source software license terms and is clearly identified.
It may be a condition for specific Grants that Participants agree to make all materials, data, processes, documents, deliverables, results, information, discoveries, inventions, improvements, know-how and the like conceived, created, developed or generated by, during the course of, and as a result of, completing the deliverables under a Grant Letter, whether or not patentable, and all related patent, copyright and other intellectual property rights in any of the foregoing (collectively the "Inventions") available to the public and published under an open source license approved by the Open Source Initiative (e.g. MIT, Apache 2.0 or GNU General Public License), as may be specified by the Company.
By submitting a proposal, Participants thereby grant to the Company the right and permission to publish, broadcast, and/or otherwise use or reuse all information and materials relating to a Participant submission and arising out of participation in this Program ("Content") in any media (including social media) throughout the world for promotional or Orbs Network ecosystem building purposes without additional review, compensation, or approval from you.
Participants grant the Company the right to modify or translate any Content for promotional or Orbs Network ecosystem building purposes.
Participants shall ensure that any Content does not and will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Participant has permission from the rightful owner of the material, or is otherwise legally entitled to post the material (and to grant to the Company all the license rights outlined here). By submitting the Content, Participants represent that they are legally allowed to share the Content with the Company. Participants will pay all royalties and other amounts owed to any person or entity based on such Participants' Content, or on the Company's hosting of that Content.
Participants hereby waive any rights of publicity, rights of privacy, intellectual property rights, and any other legal or moral rights that might preclude the Company's use of the Content or Inventions for promotional or for Orbs Network ecosystem building purposes.
All information, Content and Inventions submitted to the Company, whether publicly posted or privately transmitted, are the sole responsibility of the Participant.
7.10.Participants agree and acknowledge that many applications shall be developed during this Program and that such applications may be similar or identical in theme, idea, format or other respects to others developed in this Program. You acknowledge and agree that the Company does not have now, nor shall they have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other intellectual property right belonging to an Participant.
Company Responsibilities
The Company isn't liable for any damages or losses related to a Participant participation in the Program. Orbs does not become involved in disputes between applicants, or between a Participant and any third party relating to the Program. By participating in the Program, Participants release the Company from claims, damages, losses and demands of every kind, known or unknown, special or consequential, directly or indirectly incurred by such Participant. All content accessed through this Program is at the Participants own risk. Participants are solely responsible for any resulting damage or loss to any party.
By Participating in the Program, Participants acknowledge and agree that the purpose of Grants is solely to encourage research on topics of interest, education on topics of interest and the development of open-source software. Any actual implementation of any project or business idea, whether utilizing research or open-source software developed in connection with a Grant or otherwise, is solely the responsibility of the party engaged in such activity. The awarding of a Grant does not represent an endorsement, sponsorship or participation by the Company of any transaction, commercial activity, product or service, and the Company shall not be liable for any acts or omissions of any Participant connected to the awarding of a Grant or the participation of any person or entity in the Program.
Other Websites
The Website may contain links to other websites. When you access third-party websites, you do so at your own risk. The Company does not control or endorse those sites. Information Participants provide to those third parties is governed under their privacy policy, if any, not ours.
Orbs Intellectual Property
10.1.An award of a Grant shall not entitle you to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names such as the use of the word "Orbs" and "Orbs Network", Internet domain names or copyright in connection with the Program, the Company, the Orbs Tokens and the Orbs Network. The Company's trademarks shall not be incorporated in the submissions without the Company's consent. There are no implied licences under these Terms, and any rights not expressly granted to you hereunder are reserved by the Company in all respects.
10.2.If you want to use, reproduce, modify, distribute, or store any such copyrights and trademarks of the Company for any purpose, you need prior written permission from the Company.
Disclaimer
11.1.Except for any liability that cannot be excluded by law, the Company, its subsidiary and related companies, together with their officers, directors, employees, agents and representatives exclude all liability (including negligence) for any personal injury or for any loss or any damage (including loss of opportunity-profit) whether direct, indirect, special or consequential, arising in any way out of or in connection with your participation in the Program, including, but not limited to: (a) abortion of the Program and any distributions of Grants; (b) failure, malfunction or breakdown of, or disruption to, the operations of the Company, the Orbs Network's technology or any technology on which the Company, the Orbs Network or the Program relies on, due to occurrences of hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs; (c) any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference or any virus, error, bug, flaw, defect or otherwise adversely affecting the Program; (d) failure to disclose information relating to the progress of an application; (e) any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction relating to your participation in the Program and receipt of any Grants; (f) any entry, submission or other correspondence that is late, lost, altered, damaged, incomplete, illegible or misdirected (whether or not due to any reason beyond the reasonable control of the Company); (g) any variation in the market value of a Grant, the number of Orbs Tokens awarded or the use of a prize; (h) any tax or regulatory liability incurred by a winner or participant; and (i) all other risks, direct, indirect or ancillary, whether in relation to participation in the Program, the award of Grants, or any Participant's Content and Inventions which are not specifically or explicitly contained in or stated in these Terms.
11.2.Orbs Tokens are digital cryptocurrencies which are subject to a high degree of risk, volatility and illiquidity. Applicants should make their own investigations and evaluations of digital currencies that will be delivered pursuant to a Grant. Applicants should inform themselves as to the legal requirements applicable to them in respect of the acquisition, holding, trading and disposition of the digital currencies upon delivery, and as to the income and other tax consequences to them of such acquisition, holding, trading and disposition.
Indemnification
12.1.To the maximum extent permitted by the applicable laws, you shall indemnify, defend, and hold each of the Company, its affiliates and/or (as the case may be) their respective subsidiaries, related companies, affiliates, directors, officers, employees, agents, successors, and permitted assignees ("Indemnified Persons") harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable legal fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against any of the Indemnified Persons arising out of a breach by a Participant of any warranty, representation, or obligation hereunder or in connection with your participation in the Program.
12.2.Without derogating from the foregoing, the Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by any Participant, which will not excuse Participant's indemnity obligations hereunder and in which event Participant will fully cooperate with the Company in asserting any available defense. Participants agree not to settle any matter subject to an indemnification by such Participant without first obtaining the Company's prior express written approval.
12.3.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS THE PROGRAM OR GRANTS; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS A MATERIAL PART OF THESE TERMS AND THAT THE COMPANY WOULD NOT PROVIDE THE PROGRAM WITHOUT IT.
**No Partnership/Rights of Third Parties. **
13.1.The Company may, at its sole and absolute discretion, assign its rights and/or delegate its duties under the Program. Participants may not assign their rights or any Grant or delegate their duties, and any assignment or delegation without the written consent of the Company shall void a Participant's application.
13.2.These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
13.3.A person who is not a party to these Terms shall not have any rights whatsoever under these Terms or to enforce these Terms.
Representations and Warranties
14.1.By accepting these Terms, Participant represents, warrants and undertakes to the Company as follows: (a) Participant has read and understood all of these Terms; (b) Participant has full power and capacity to accept these Terms and perform all obligations hereunder and that Participant's participation in this Program shall comply with the provisions of any relevant laws applicable to Participant; (c) these Terms constitute legal, valid and binding obligations on you, enforceable in accordance with its terms; (d) Participant agrees and acknowledges that the Grants under the Program do not constitute securities of any form, units in a business trust, units in a collective investment scheme or any other form of capital markets product or investment; Participant understands that there is no guarantee of any financial return or any compensation or credit for participation in the Program or use of any submission; (e) Participant agrees and acknowledges that no regulatory authority has examined or approved of these Terms and no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction; (f) you are applying as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of any other person; (g) you shall not use any Grant awarded under the Program for any illegal purpose; (h) none of Participant or Participant's team members is an individual or entity that is, or is owned or controlled by an individual or entity that is currently the subject of any sanction administered by the United States Office of Foreign Assets Control of the United States Department of the Treasury ("OFAC") or any other United States government authority, is not designated as a "Specially Designated National" or "Blocked Person" by OFAC or subject to any similar sanctions or measures imposed or administered by the United Nations Security Council, the European Union, Her Majesty's Treasury of the United Kingdom, or similar sanctions administered or imposed by the government of the State of Israel or any other country (collectively, the "Sanctions"); (iii) is located, organized or resident in a country or territory that is the subject of such Sanctions (, including but not limited to, the Crimean region of Ukraine, Cuba, Iran, Lebanon, North Korea, Sudan and Syria); or (iv) has engaged in and is not now engaged in any dealings or transactions with any government, person, entity or project targeted by, or located in any country or territory, that at the time of the dealing or transaction is or was the subject of any Sanctions; (i) Participant has an understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms and blockchain technology; (j) Participant bear the sole responsibility to determine what tax implications any receipt of Grants may have for Participant, and agrees not to hold the Company responsible for any tax liability associated with or arising therefrom; (k) Participant waives the right to participate in a class action lawsuit or a class wide arbitration against the Company; (l) Participant has all right, title and interest to the submissions and deliverables provided to the Company or OEGP Grant Committee under this Program and that such submissions and deliverables are Participant's own original work; (l) if Participant is an organization or entity, all required corporate authorisations to bind Participant to the terms and conditions of this Program have been obtained; and (m) all of the above representations and warranties are true, complete, accurate and not misleading from the time of submission of a proposal and/or acceptance of these Terms and shall continue to be true, complete, accurate and not misleading thereafter.
14.2.The Company does not make or purports to make, and hereby disclaims, any representation or warranty in any form whatsoever, including any representation or warranty in relation to: (a) the Program; (b) any information set out in the Website, the Company's channels or any other place; (c) the Grants under the Program; and (d) any Participant application or submission.
Entire Agreement
15.1.These Terms, including the other information and documents referenced herein, Schedules and Annexures, represents the entire agreement between Participant and the Company with respect to the Program. They supersede all prior communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Program. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
15.2. If any of these Terms is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction.
General
16.1.These Terms shall be governed by, and construed in accordance with, the laws of the State of Israel. Any dispute arising out of or in connection with the Program shall be referred to and finally resolved by the competent courts of Tel Aviv -- Yaffo, Israel. Participants agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Orbs may seek injunctive relief in any court of competent jurisdiction.
16.2.Notwithstanding any dispute, the Parties will continue to comply with their respective obligations under these Terms.
16.3.PARTICIPANT ACKNOWLEDGES AND AGREES THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16.4.Orbs may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto. In case of any material change, the Company will make reasonable efforts to notify Participants by posting a clear notice on the Site and/or sending Participants an e-mail (to the extent that such Participant provided the Company with such e-mail address) regarding such change.
CONTACT
If you have any questions or comments, or wish to send us any notice regarding this Program, please email us at grants@orbs.com.
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