Terms and Conditions for the use of Orbitr

 

PLEASE CAREFULLY REVIEW THIS AGREEMENT BEFORE UTILISING THE APPLICATION

Effective Date: 30th April 2024

Orbitr Ltd (registered company number 13993935) (“Orbitr Ltd,” “we,” “our,” and “us”) is a company incorporated in England and Wales, with a trading address at Silverstream House, Fitzrovia, London, W1T. Our operations involve the mobile applications identified as Orbitr (the “Application,” as further defined below).

We grant you, as a “Registered User,” the license to:

Use the Application to claim, store, and share credentials which have been verified (as defined below) from Registered Issuers (as defined below), create tailored profiles, save, and store your profiles, and share them with Registered Employers (as defined below).

Utilise any Documentation (as defined below).

Access the Service (as defined below) through the Application, along with the Application Content (as defined below),

All the above is subject to the Terms, which govern our provision of the Application and your use of the Application as a Registered User. By indicating your acceptance through the provided checkbox, you agree to be bound by these Terms and the terms outlined in our Privacy Policy (refer to the “Your Privacy” section below), as well as any relevant Google Play Store or Apple Store terms (see the “Google Play or Apple Stores Terms also apply” clause below). This acceptance establishes the contract between you and Orbitr. Both parties are individually referred to as a “party” and collectively as “parties” to the contract.

If you do not agree with these Terms, the Privacy Policy, and any applicable Google Play Store or Apple Store terms, refrain from clicking “accept” and avoid accessing or using the Application. We recommend that you either print a copy of these Terms or save them for future reference.

i. Acceptamce of Terms

By using our Orbitr, you agree to be bound by these Terms and any additional terms and policies referenced herein. These Terms apply to all users of Orbitr.

ii. Privacy Policy

In accordance with data protection legislation, we are obligated to furnish you with specific information concerning our identity, the processing of your personal data, its purposes, your rights in relation to your personal data, and how to exercise those rights. This information is available at www.orbitr.co/privacy-policy/, and we strongly advise you to review it.

The terms of our Privacy Policy additionally apply to your use of the Application. You acknowledge and agree that:

When using the Application to claim a Verifiable Experience or Credential, Orbitr will process Your Personal Data (as defined below) as a processor on behalf of the Registered Issuer.

For any other functionality within the Application, Orbitr acts as a controller in relation to Your Personal Data.

iii. Apple Store or Google Play Store’s Terms also apply

The usage of the Application, Services, and Documentation may also be governed by the rules and policies of the Google Play Store or the Apple Store. Where differences exist between these terms and the rules and policies of the Google Play Store or the Apple Store, the latter will take precedence depending on the source of your application purchase.

iv. Operating System Requirements

To utilise this application, a smartphone or tablet device is essential, equipped with a minimum of 4GB of memory and operating on either iOS or Android systems (within the latest two major releases).

v. How To Reach Us

Support: For inquiries about the application or the service, or if you encounter any issues, please reach out to support@orbitr.co

Contacting us (including complaints): If you believe there are faults or misrepresentations in the application or services, or if you need to contact us for any other reason, kindly email our customer service team at hello@orbitr.co

Communication method: If we need to contact you, we will use the email address provided during registration or any updated details you provide in writing.

Formal notice procedure: Instructions on how to formally notify us of any matters under these terms can be found in clause 27.

vi. Definitions and Interpretation

These Terms are governed by the following definitions and rules of interpretation:

Applicable Laws: Refers to all currently enforceable laws, statutes, regulations, and codes.

Application: The mobile application software, owned by Orbitr Ltd (or its third-party licensors), named Orbitr. It facilitates the claiming, storing, and sharing of Verifiable Achievements, Credentials, or Experiences from Registered Issuers. Users can create tailored profiles, save and store them, share with Registered Employers, and receive and apply for job offers.

Application Content: Refers to the content published on the Application, excluding Your Data and third-party data from Partners.

Business Day: Any day, excluding Saturdays, Sundays, or public holidays in England, when banks in London are open for business.

Business Hours: The time frame from 8:00 am to 6:00 pm local UK time, on each Business Day.

Confidential Information: Encompasses all proprietary or confidential information disclosed by one party to the other party. This includes commercial or technical know-how, technology, customer information, pricing, marketing details, and, specifically, information related to the Application and Application Content (in the case of Orbitr) and Your Data (in the case of the user).

Deliverables: Your Personal Orbit ‘A Career Pass’ For Life

Documentation: Any documents (including FAQs) provided by Orbitr via the Application, describing the Application, and providing user instructions.

Issuer Partner Program: A program allowing Registered Issuers, engaged by Orbitr, to upload content to the Application. Subject to the agreement’s terms, Registered Issuers can earn revenue.

Intellectual Property Rights: Include patents, utility models, rights to inventions, copyright, any trademarks, service marks, business names, domain names, rights in get-up and trade dress, goodwill, and the right to sue for passing off or unfair competition, among others, whether registered or unregistered.

‘Registered Parties’ as detailed below include.

Registered Employer: An employer registered to use the Application for verifying users, searching for candidates, and making job offers to registered users.

Registered Verifier: An entity, such as a skills assessor, assessment provider, higher education institution, or past employer, verifying achievements, credentials, or experiences. They must agree to Orbitr’s terms of use.

Registered Partner:  A registered Orbitr partner provides content and promotional offers typically refers to a business entered into a partnership agreement to collaborate on educational, wellbeing marketing and/or promotional activities. This partnership involves the creation and distribution of content, as well as the development of promotional offers or campaigns to attract customers.

Services: Services available to Registered Users via the Application by Orbitr Ltd. These include storing, sharing, and verifying credentials, creating multiple profiles, saving, and storing profiles, downloading to PDF, sharing with Registered Employers or on social media, and receiving and applying for job offers.

Terms:

Verified Experiences and Credentials: Any digital or authenticated credential (such as qualifications, certifications, official records, or experiences) obtained upon successful completion of an experience, project, academic course, training course, skills assessment, or any other course, assessment, or test with a designated Registered Verifier registered with Orbitr.

Your Data: The information, including your Personal Data, that you upload or post to the Application for the purpose of utilising the Services and accessing the Deliverables.

Your Personal Data: Any personal data processed by Orbitr in connection with the contract between you and us, whether in the capacity of a processor or a controller, as further elucidated above.

Virus: Any entity or device (including software, code, file, or program) capable of preventing, impairing, or adversely affecting the operation of computer software, hardware, networks, telecommunications services, equipment, or other services or devices. This includes actions that may disrupt access to or the operation of programs or data, compromising the reliability of programs or data (whether through rearrangement, alteration, erasure, or other means), or adversely impacting the user experience. Examples include worms, trojan horses, viruses, and similar entities or devices.

Vulnerability: A weakness in the code within software and/or hardware components that, when exploited, results in a negative impact on confidentiality, integrity, or availability. The term “Vulnerabilities” is construed accordingly.

Clause and Paragraph Headings: Headings do not affect the interpretation of these Terms, and references to clauses pertain to clauses within these Terms.

Gender and Number Interpretation: Unless context dictates otherwise, singular words include the plural, and plural words include the singular. References to one gender include all other genders.

Statute or Statutory Provision: References to statutes or statutory provisions are applicable as they are in force from time to time, encompassing all subordinate legislation made under that statute or statutory provision.

Writing or Written: References to writing or written include e-mail.

Illustrative Phrases: Any words following terms like “including,” “include,” “in particular,” “for example,” or similar phrases are illustrative and do not limit the generality of the related general words.

1. Accessing and Utilising the Application and Services

1.1 In order to verify, store, create profiles, and share information with a Registered Partner, Verifier, or Employers (as defined below), and to receive educational offers, promotions, job offers, and apply for jobs, you must furnish the information requested by the ‘Registered Party’ (as communicated to you via email). This information may include your name, email address (or any other information required by the Registered Party).

1.2 The Application is designed for individuals residing in the United Kingdom. We do not claim that the content available on or through the Application is suitable for use or accessible in other locations. By continuing to access, view, or use the Application, the Application Content, and the Services, you affirm and represent to us that you are located in the United Kingdom.

1.3 To visit and use the Application and Services, you must be 16 years of age or older. By virtue of Article 8(1) of the GDPR and s9 of the DPA 2018:

We are relying on consent as your lawful basis for processing in the context of offering an online service directly to you. This includes children within this age range of 16-17 years to provide their own consent to the processing of their personal data.

By accessing and utilising this Application, you affirm and represent to us that you meet the age requirement of 16 years or older.

1.4 The Application should be exclusively used by you for the purpose of storing, sharing, creating profiles, and building a career passport for personal and professional development, as well as for seeking employment, in accordance with these Terms.

1.5 You shall not:

1.6 You shall not (unless expressly permitted under these Terms):

(i) Use the Application or the Services for purposes other than those specified in clause 1.4, including for: a) credit or insurance purposes b). mortgage purposes or c) solely for proving your identity or right to work.

(ii) Use the Application or any Service in an unlawful manner, for unlawful purposes, or inconsistent with these terms, or engage in fraudulent or malicious activities, such as hacking or inserting malicious code (e.g., Viruses) into the Application, any Service, or any operating system.

(iii) Infringe upon our Intellectual Property Rights or those of any third party in relation to your use of the Application or any Service, including submitting material that is not licensed by these terms.

(iv) Transmit defamatory, offensive, or objectionable material in relation to your use of the Application or any Service.

(v) Use the Application or any Service in a way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other registered users, Registered Issuers, or any Registered Employers.

(vi) Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

(vii) Translate, merge, adapt, vary, alter, or modify the whole or any part of the Application, the Application Content, Documentation, Services, or use other programs, except as necessary to use the Application and the Services on devices as permitted in these terms.

(viii) Copy the Application, the Application Content, Documentation, or the Services as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security.

(ix) Disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the Application, the Application Content, or the Services.

(x) License, sell, resell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Application available to any third party without consent from us.

2. Charges to the Terms

2.1 These Terms are subject to modifications, and we reserve the right to make changes as necessary to comply with evolving laws, best practices, or the introduction of additional features.

2.2 While we may, at times, notify you of any amendments through the Application, we cannot guarantee such notifications. Therefore, it is your responsibility to regularly check the terms whenever you intend to use the Application and/or the Services. If you disagree with any amended Terms, you must cease using the Application and the Services. Your continued use of the Application implies your acceptance of the amended terms.

3. Changes to the Application and/or Services

3.1 Periodically, we may modify and update the Application and/or the Services to incorporate improvements in performance, enhance functionality, reflect adjustments to the operating system, or address security concerns. We commit to making reasonable efforts to provide you with adequate notice of any significant changes.

4. Ownership to Phone or Device

4.1 If you choose to download or stream the Application onto a phone or device not owned by you, you must obtain the owner’s permission. Regardless of ownership, you are responsible for adhering to these Terms.

5. Services and Application Withdrawal

5.1 The Application is offered to you at no cost.

5.2 Orbitr Ltd cannot guarantee continuous availability or uninterrupted access to the Application, Documentation, Application Content, or Services. We reserve the right to suspend, withdraw, or restrict access to any part of the Application or Services for business, technical, or operational reasons. Reasonable notice will be provided for any such suspension or withdrawal.

5.3 We shall not be held liable if, for any reason, the Application, Documentation, Application Content, or Services are temporarily unavailable.

6.0 Transfer of Contract

6.1 We may transfer our rights and responsibilities under these Terms to another organisation. You will be notified in writing of such a transfer, and your rights under the contract between you and us will remain unaffected.

7.0 Materials and Application Use

7.1 All Intellectual Property Rights in the Application, Documentation, Services, Application Content, and associated rights are owned or licensed by us (not sold) to you. You possess no Intellectual Property Rights in the Application, Documentation, Application Content, or Services, except for the right to use them in accordance with these Terms.

7.2 In exchange for your compliance with these Terms, you may:

(a) Download the Application onto your device, and view, use, and display the Application, Application Content, and Service for personal purposes only.

(b) Utilise any Documentation to support your authorised use of the Application and Service.

(c) Receive and use any free supplementary software code or updates to the Application, including “patches” and error corrections, provided by us.

8. Information Regarding to the Application

Communication among you and the Registered Parties

8.1 The Application facilitates:

(a) Registered Verifiers to upload verifiable information and content for registered users of the Application to incorporate into their profiles.

(b) Registered Users to claim their verifiable information, such as qualifications, certifications, official records, or experiences from Registered Verifiers. They can store and share their verified information, create profiles, save and share them with Registered Employers, receive job offers, and apply for jobs with Registered Employers.

(c) Registered Employers can verify a registered user’s verifiable information, search for suitable candidates based on interests, career aspirations, and skills requirements, and extend job offers to registered users.

Orbitr serves as a facilitator for your interactions with Registered Parties and is not involved in screening, censoring, or approving uploads, posts, profiles, or any information shared on the Application. Orbitr does not check or verify any verifiable information, identities, or data posted or uploaded by third parties (including other Registered Parties) on the Application, nor does it control the transaction between you and any Registered Party.

As a result, Orbitr Ltd is not responsible for:

(a) Any data or information uploaded or posted on the Application by third parties, including Registered Parties (e.g., job posts, promotions, job boards, or job offers).

(b) The quality, safety, or legality of any data or information posted or uploaded by third parties on the Application, such as job offers, posted jobs, or uploaded verified information.

(c) The truth, accuracy, reliability, timeliness, or completeness of any data or information posted or uploaded by third parties on the Application, including Registered Parties.

(d) The ability of any Registered Employer to offer job opportunities, and Orbitr Ltd makes no representations or warranties about any data or information posted or uploaded on the Application, except as expressly outlined in these Terms.

While Orbitr Ltd reserves the right to remove data or information from the Application, it does not assume an obligation to do so. In some cases, Orbitr disclaims liability for not taking such action, for example, when data or information has been uploaded.

8.2 You assume all risks associated with dealing with other Registered Parties and Issuers through the Application and/or Services. Orbitr Ltd does not warrant or represent that each Registered Issuer or Registered Employer is who they claim to be. Orbitr Ltd is not involved in your dealings or communications with Registered Parties. In case of a dispute with a Registered Party, you agree to release Orbitr Ltd from all claims, demands, damages, and losses arising from such a dispute, to the fullest extent permitted by law, and to compensate Orbitr Ltd for any losses arising from the dispute.

8.3 The Application may contain inaccuracies or typographical errors. Orbitr Ltd makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Application, the Services, or any Application Content (or that the Application Content is up to date).

8.4 You assume sole responsibility for results obtained from your use of the Application and the Services and for conclusions drawn from such use.

8.5 If you wish to complain about information and materials uploaded by other registered users or Registered Parties, please contact us at hello@orbitr.co.

9.0 Websites Linked From Our Application

9.1 The Application and any Service may include hyperlinks to external websites and resources provided by third parties, including Registered Parties who may share links to their own websites. These sites are beyond our control, and we do not endorse, verify, or take responsibility for their content or privacy policies.

10. Our Liability for Your Loss or Damage

10.1 These Terms do not exclude or limit our liability to you in cases where it would be unlawful to do so. This includes liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) a breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

10.2 If we breach these Terms or act negligently, we are accountable for foreseeable loss or damage you experience as a result. “Foreseeable” means that, at the time of forming this contract, it was either evident that such loss or damage would occur, or both parties were aware it might reasonably occur due to our actions or omissions.

10.3 The Application is intended for non-commercial and personal use only. You agree not to use our site for commercial or business purposes, and, except for clause 10.1, we bear no liability for unforeseeable loss or damage, loss of profit, economic loss, business interruption, loss or corruption of data, loss of business opportunity, or damage not caused by our breach or negligence.

10.4 If defective digital content we supplied damages your device or digital content due to our failure to exercise reasonable care and skill, we will either repair the damage or compensate you. However, except for clause 10.1, we are not liable for damage avoidable by following our advice to apply a free update, or for damage resulting from failure to correctly follow installation instructions or meet minimum system requirements as advised by us.

10.5 Except as expressly provided in these Terms:

(a) You are solely responsible for the legality, reliability, integrity, accuracy, and quality of Your Data, and Orbitr has no liability for damage caused by errors or omissions in Your Data;

(b) You acknowledge that this Application is provided free of charge and on an “as-is” basis.

10.6 Except as expressly provided, Orbitr Ltd excludes all warranties, conditions, and terms, whether express or implied, to the extent permitted by Applicable Law. We do not warrant that the Application, Services, or information obtained through the Application will meet your requirements. We are not responsible for delays, delivery failures, or other loss or damage resulting from data transfer over communication networks, including the internet.

10.7 All information you upload to the Application is stored locally on your device. We do not store such data on our servers unless you decide to publish or share it via the Application. Orbitr Ltd has no liability for any loss or corruption of Your Data.

10.8 You shall reimburse Orbitr Ltd for all liabilities, costs, expenses, damages, and losses arising from:

(a) any breach of clause 11 by you;

(b) any third-party claim related to the receipt and/or use of Your Data, including claims of intellectual property infringement; and

(c) any claim related to the misuse of the Application, Documentation, Application Content, or Services by you.

11. Your Responsibilities and Warranties

11.1 You are required to:

(a) cooperate with Orbitr Ltd, providing all necessary assistance concerning these Terms and your utilisation of the Application and Services;

(b) adhere to all Applicable Laws pertaining to your activities under these Terms;

(c) secure and maintain all essential licenses, consents, and permissions required for fulfilling your obligations and granting rights under these Terms;

(d) ensure that your network and systems align with relevant specifications for using the Application and Services;

(e) take sole responsibility, in compliance with Applicable Law, for acquiring, maintaining, and securing your network connections and telecommunications links, including addressing any issues, delays, or delivery failures arising from or related to these connections or links;

(f) verify that all Your Data uploaded to the Application is accurate, complete, reliable, and suitable for its intended purpose;

(g) promptly inform Orbitr Ltd in writing upon discovering any errors or omissions in Your Data;

(h) promptly notify Orbitr Ltd in writing of any changes to the information you provided and provide updated information.

11.2 You warrant, represent, and undertake that:

(a) you possess all necessary rights, consents, and permissions to grant the rights for the receipt and use of Your Data as allowed under these Terms;

(b) Your Data is accurate, complete, reliable, and suitable for its intended purpose;

(c) the details you provided regarding your identity are accurate, and you are using the Application solely for your benefit, not for any third party;

(d) you will provide Your Data with reasonable care and skill;

(e) the receipt and use of Your Data and any other information or content uploaded to the Application will not infringe on the Intellectual Property Rights of any third party.

11.3 You acknowledge and agree that:

(a) you are solely responsible for the content and accuracy of Your Data and your profile in your Orbit and/or the Application;

(b) Orbitr Ltd may delete your account and all your information after a significant period of inactivity, emphasising the importance of regularly backing up Your Data and other content uploaded to the Application;

(c) We do not guarantee the availability of your Verified Information following your notification to claim it. If your Verified Information is not available despite notification, please contact us at hello@orbitr.co. We are not liable for any losses incurred due to unavailability of Verified Information.

(d) You may modify or delete Your Data as long as you have not published or shared such data via the Application.

12 Orbitr’s Commitments

12.1 Orbitr will provide the Services with reasonable care and skill.

13. Confidential Information

13.1 Each party may access Confidential Information from the other party to fulfill its obligations, exercise rights, or enjoy the benefits under these Terms. Confidential Information does not include information that is publicly known, in lawful possession, lawfully disclosed by a third party, or independently developed by the receiving party.

13.2 Both parties shall keep the other party’s Confidential Information confidential and use it only to exercise and perform their rights and obligations under these Terms.

13.3 A party may disclose Confidential Information:

(a) as required by Applicable Law or regulatory authority, providing notice to the other party whenever possible;

(b) to its professional advisors engaged in connection with these Terms, provided they comply with confidentiality obligations.

13.4 This confidentiality obligation continues after termination.

14. Uploading Content to the Application and Your Data Ownership

14.1 When utilising features allowing the upload of Your Data or any other content to the Application, or when engaging with other third-party users of the Application (including Registered Parties), adherence to content standards outlined in these Terms and our Acceptable Use Policy is mandatory.

14.2 You affirm that any contribution complies with these Terms and standards, accepting liability and agreeing to compensate us for any breach. This includes responsibility for any loss or damage resulting from your breach of warranty.

14.3 With exceptions as specified in these Terms, you retain ownership rights to Your Data. However, you are obligated to grant us and other Application users (including Registered Parties) a license in line with clause 15.

14.4 We reserve the right to disclose your identity to any third party claiming a violation of intellectual property rights or privacy through content posted or uploaded by you on our site.

14.5 We hold the right to remove any posting on the Application if, in our judgment, it fails to comply with content standards in these Terms and/or our Acceptable Use Policy.

14.6 As elaborated in clause 10.7, you are solely responsible for securing and backing up Your Data and any other content uploaded or posted on the Application. Regularly backing up data is strongly recommended to safeguard against Application or Service issues.

14.7 Any material uploaded that could incite terrorist offenses, solicit participation in such activities, provide instruction on methods for committing such offenses, or threaten to do so is strictly prohibited.

14.8 You retain ownership rights, including Intellectual Property Rights, in any Deliverables. If not automatically vested in you, Orbitr Ltd assigns all its rights, title, and interest in such Deliverables to you.

15. Grant of Licenses

15.1 You grant Orbitr Ltd a non-exclusive, perpetual, irrevocable, worldwide license to use Your Data for providing Services and fulfilling other obligations under these Terms.

15.2 Additionally, you grant Orbitr a license to use, adapt, reproduce, distribute, and publish Your Data for the benefit of Registered Employers and their recruitment processes, including sharing with third parties as necessary for recruitment activities.

15.3 Subject to this Agreement, Orbitr Ltd grants you a non-exclusive right to use the Application, Documentation, Services, and Application Content for personal use, including uploading Your Data to the Application.

16. Software Viruses

16.1 We do not guarantee the Application’s freedom from Viruses or Vulnerabilities.

16.2 Configuring your IT, programs, and platform for Application access is your responsibility. Use your virus protection software.

17. Rights to Use the Application and Services

17.1 We may terminate your rights if you seriously breach these Terms, giving you a reasonable opportunity to rectify it. If terminated, certain obligations and licenses continue.

18. Application Law and Jurisdiction

18.1 English law governs these Terms, their subject matter, and formation. Both parties agree to exclusive jurisdiction in the courts of England and Wales, with exceptions for residents of Northern Ireland and Scotland.

19. Copyright

19.1 All information incorporated within the website and Application is © of Orbitr 2024This website and Application has been created for and on behalf of Orbitr Ltd. Unauthorised use of Orbitr trademarks, trade names and logos is prohibited.

20. Events Outside Our Control

20.1 If delays in providing the Application or Services result from events beyond our control, we will notify you promptly, minimising the impact. We are not liable for delays caused by such events.

21. Contractual Agreement Between Parties

21.1 Enforcement of the contract between you and us may be delayed without forfeiting our right to enforce it later. Our failure to immediately require your compliance with contractual obligations or our postponement in taking action against any breach on your part does not waive your responsibility, nor does it preclude us from pursuing remedies at a later time.

22. Rights and Remedies

22.1 The rights and remedies outlined in these Terms are supplementary to, not exclusive of, any rights or remedies granted by law unless expressly stated otherwise.

23. Individuality of Clauses in These Terms

23.1 Each clause within these Terms functions independently. If a court or relevant authority deems any clause unlawful, the remaining clauses will remain fully effective.

24. Transfer of Contract

24.1 The right to use the Application and the Service is granted to you personally. Transferring the Application or Service to another party, whether for monetary gain, other considerations, or free of charge, is prohibited. If you sell a device with the installed Application, you must uninstall the Application from it.

25. No Partnership or Agency

25.1 These Terms do not establish a partnership between you and us or authorise either party to act as an agent for the other. Neither party has the authority to represent or bind the other in any manner, including making representations or warranties, assuming obligations or liabilities, or exercising any rights or powers.

26. Exclusive Contractual Rights

26.1 The contract exists exclusively between you and us. No third party can enforce it, and neither party is required to seek approval from any other entity to terminate or modify it.

27. Notices

27.1 Written notices under these Terms must be sent via email to the respective email addresses specified below:

(a) Your email address: The email address provided by the Registered Issuer or any other email address communicated in writing by you to us.

(b) Orbit’s email address: hello@orbitr.co

27.2 An email notice is deemed received at 9 am on the first business day after transmission, unless a notice of failed delivery is received within that timeframe. In this context, “business day” refers to a day excluding Saturdays, Sundays, or public holidays in the recipient’s location.