Terms of service
Aquí tienes los Términos traducidos y limpios:
GENERAL INFORMATION Welcome to Omiloa! The terms "we," "us," and "our" refer to Omiloa. Omiloa operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Omiloa is powered by Shopify, which enables us to provide the Services to you. The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers, and limitation of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We have made every effort to display our products and services as accurately as possible in our online store. However, please note that colors or product appearance may differ from how they are displayed on your screen depending on your device and its settings. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or match exactly how it is shown in our online store. All product descriptions may be modified at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product we offer to any person, geographic area, or jurisdiction.
SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Omiloa reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Omiloa confirms acceptance. Payment must be received and processed before your order is accepted. Please review your orders carefully before completing a purchase, as Omiloa may not be able to process cancellation requests once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at the time of purchase. Returns or exchanges are subject to our Refunds & Returns Policy. You represent and warrant that your purchase is for personal or household use and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs, or import charges. Prices published in our online store may differ from prices offered in physical stores or other third-party platforms. We may occasionally offer promotions governed by terms that differ from these Terms. In the event of a conflict, the promotion terms will prevail. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card details, so we can complete your transactions and communicate with you as needed.
SECTION 5 - SHIPPING AND DELIVERY We are not responsible for any shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs processes, or events beyond our control. Once products are transferred to the carrier, title and risk of loss transfer to you.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, text, graphics, images, product reviews, videos, and audio, and the design, selection, and arrangement thereof, are owned by Omiloa, its affiliates, or licensors and are protected by applicable intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by Omiloa.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools as part of the Services, which we do not monitor or control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties or endorsements. We have no liability arising from your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS The Services may contain links to third-party websites or platforms. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to leave the Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party website or your purchase or use of any products, services, or content from third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY Omiloa is powered by Shopify, which enables us to provide the Services. However, any sale or purchase made in our store is made directly with Omiloa. By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Omiloa, including any injury, damage, or loss resulting from purchasing products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your transactions with Omiloa.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify and third parties located in countries other than where you reside.
SECTION 11 - COMMENTS If you submit ideas, suggestions, reviews, proposals, or other content ("Comments"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to all Comments you submit, and that your Comments comply with these Terms. We have no obligation to maintain confidentiality of your Comments, pay compensation for them, or respond to them. We may, but are not obligated to, monitor, edit, or remove Comments that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, or otherwise objectionable.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS There may occasionally be information on or through the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES You may only access and use the Services for lawful purposes. You may not use the Services: (a) for any illegal or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send spam or unsolicited communications; or (g) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services. You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, or exploit any part of the Services; (c) collect or track personal information of others; or (d) use any automated tools, bots, scrapers, or AI agents to access the Services without authorization.
SECTION 14 - AGENTS This section applies if you use or enable any Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of any person or entity. No Agent may access or interact with the Services unless it identifies itself and operates in strict compliance with these Terms. We may limit or block Agent access to the Services through technical means. Agents must: (i) identify themselves in all HTTP/HTTPS requests; (ii) not disguise or obscure that access is coming from an Agent; (iii) truthfully respond to any question seeking to determine whether interactions come from a human or computer; (iv) not circumvent any measures designed to block or limit Agent access.
SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at our sole discretion at any time without notice. You will remain responsible for all amounts owed up to the date of termination.
SECTION 16 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMILOA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless Omiloa, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, arising from (1) your breach of these Terms of Service, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us regarding your use of the Services.
SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Omiloa is based. You and Omiloa agree to submit to the personal jurisdiction of such courts.
SECTION 23 - HEADINGS Headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services after any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at: Omiloa contact@omiloa.com Surfers Paradise, Queensland, Australia