OPUMO Terms Of Use

These Terms of Use were last updated on August 09 2018.

1. Acceptance of Terms of Use

1.1. By accessing or using the OPUMO website or any other service made available by OPUMO (together, the "Service"), however accessed, you agree to be bound by these Terms Of Use ("Terms"). The Service is owned or controlled by Opumo Ltd ("OPUMO"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

1.2. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 

1.3. Changes to these Terms. Opumo Ltd (“OPUMO”, “us” or “we”) may modify these Terms at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.

1.4. THE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. 

1.5. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

2. OPUMO’s role in any transaction

OPUMO acts as an online marketplace that allows designers, artists, creators and retailers (collectively, “Partners”) a platform to advertise and sell consumer merchandise to buyers (“Buyers”). OPUMO is not directly involved in the transaction between Buyers and Partners and is not liable for any such transaction. OPUMO has no control over the quality, safety, or legality of any item listed, the truth or accuracy of the listings, the ability of Partners to sell items or the ability of Buyers to pay for items. OPUMO will, however, use its best efforts to work with a Buyer and a Partner to resolve any dispute you may have with respect to a product you purchased using this website. 

3. Content

3.1. Definition 

For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, "Content" also includes all User Content (as defined below). 

3.2. User Content 

All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each user owns its own User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. OPUMO is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. OPUMO has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that OPUMO has no obligation to pre-screen User Content, although OPUMO reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. 

3.3. Content Changes

All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.

4. Accuracy of Content

We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.

5. Use of OPUMO

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, OPUMO and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorised use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.

6. Purchases

6.1. Ordering

We operate a fully integrated checkout allowing you to add multiple items from various OPUMO Partners to your shopping basket while only needing to checkout once. In order to process your order we will need to share your personal data and shipping details (but never payment details) that are related to such transactions with each of the OPUMO Partners from whom you are purchasing the products. The personal data and shipping details you provide to us will be collected, stored and processed in accordance with our Privacy Policy and Cookie Policy and in accordance with the privacy and cookies policies of the OPUMO Partners from whom you have purchased the products. These OPUMO Partners are solely responsible for their use of your personal data and shipping details once we share the data with them.

6.2. The Contract

Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. As with most other online retailers, acceptance of your order and completion of the contract occurs when we email you to confirm the goods have been dispatched. 

6.3. Returns & Exchanges

Returns and exchange policies vary by brand partner so be sure to check the Returns section within each product for all relevant information. Please note that although we try very hard to keep this information up to date, we cannot guarantee the accuracy of the information presented and cannot be held liable for mistakes. It is only meant to be indicative and is in no way comprehensive. Please refer to the Partner’s own website for more detailed information including exceptions and restrictions.

7. Account Information

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to immediately notify us of any unauthorized use of your password or any breach of security and accept responsibility for all activities and purchases that occur under your account or password. You must keep your account information up-to-date and accurate at all times, including a valid email address and payment details.

8. DISCLAIMERS OF WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. OPUMO PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. OPUMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS DISCLAIMER OF WARRANTY DOES NOT DIMINISH ANY WARRANTY THAT A THIRD PARTY SELLER MAY PROVIDE DIRECTLY TO YOU FOR A PRODUCT PURCHASED ON THIS WEBSITE.

9. LIMITATIONS OF LIABILITY

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL OPUMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED, PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US FOR PURCHASES ON THIS WEBSITE DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR £100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

10. Trademarks

Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of OPUMO and / or our Partners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of the third party owner.

11. Third Party Links

This website contains links to websites that are not owned, operated or controlled by OPUMO or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website and your use of the linked website will be governed by that website’s terms of use and privacy policy. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

12. User Information

OPUMO welcomes comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted, either online or offline to this website (collectively, “User Communications”), will become OPUMO’s property upon its submission or posting. OPUMO shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the OPUMO brand, products, and services for any commercial or non-commercial use we deem appropriate, without compensation to the provider of the User Communications. None of the User Communications shall be subject to any obligation of confidence on the part of OPUMO, and OPUMO shall not be liable for any use or disclosure of any User Communications. Notwithstanding the foregoing, any personal information you submit to OPUMO will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by OPUMO might seem to others to be similar to their own creative work.

13. Legal Age

Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law.

14. Copyright Infringement Notices

14.1. We respond to clear notices of alleged copyright infringement. Our response to notices alleging infringement may include removing content and terminating users access to our website.

14.2. To file a notice of infringement with us, you must provide the notice by email or post. Send the notice to the following address:

Opumo Ltd, Studio 203
65 Alfred Road
London,
United Kingdom, W2 5EU
Email: support@opumo.com
Attn: OPUMO DMCA Notices

14.3. The provider of affected content may make a counter notification. When we receive a counter notification, we may reinstate the material in question.

15. General Provisions

These Terms and our Privacy Policy, are the entire agreement between OPUMO and you relating to your access or use of this website and any purchases made therein. No failure or delay on the part of OPUMO to exercise any right, power or remedy under these Terms shall operate as a waiver; nor shall any single or partial exercise by OPUMO of any right, power or remedy under these Terms preclude any other or further exercise of any right, power or remedy.

16. Applicable Law

This Agreement is governed by, and is to be construed in accordance with, English law. If any dispute arises between OPUMO and Buyer or the Buyer and the Partner, the courts of England and Wales shall have exclusive jurisdiction, even if there are multiple defendants or guarantee recourses, and including summary proceedings or court applications.

17. Currency

Prices stated on this website are in GBP, USD, EUR and AUD. All other currencies shown on the website including, but not limited to, SGD, HKD, DKK and NOK are for indicative use only.

18. Termination

We may suspend or terminate your account at any time, for any reason or for no (given) reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

19. Severability

If any term or condition of these Terms shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

20. Need more help?

If you do not understand any of these Terms or if you have any questions or comments, we invite you to contact our customer service department at support@opumo.com.

October Competition Terms & Conditions

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: This Campaign is open only to those who sign up at Instagram and who are 18 as of the date of entry. The Campaign is void where prohibited by law. Employees of OPUMO, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign.

2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of OPUMO as final and binding as it relates to the content of this Campaign.

3. Campaign Period: Entries will be accepted on Instagram starting from the launch of the Campaign and will end 48 hours later. All entries must be received within that time.

4. How to Enter: The Campaign must be entered by submitting an entry at Instagram. The entry must fulfil all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of OPUMO. You may enter only once. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of OPUMO.

5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive OPUMO store credit to spend or not spend as they wish (mimimum spend applies). Actual value may differ at time of prize award. The specifics of the prize shall be solely determined by OPUMO. No cash or other prize substitution shall be permitted. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all taxes, shall be the sole responsibility of Winner. No substitution of prize or assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of the prize constitutes permission for OPUMO to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of winning are 1 in 2.66 (37.5%) and do not depend on the number of eligible entries received.

7. Winner Selection and Notification: Winning numbers will be selected at random under the supervision of OPUMO and publicly revealed on Instagram. Winners will be notified by Direct Message within three (3) days following selection of Winners. OPUMO shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If a Winner cannot be contacted, is ineligible, fails to use the prize within 365 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT OPUMO’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that OPUMO, anyone acting on behalf of OPUMO and OPUMO’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. Without any further compensation, notice, review, or consent.

9. Terms & Conditions: OPUMO reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond OPUMO’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, OPUMO may select the Winner from all eligible entries received prior to and/or after the action taken by OPUMO. OPUMO reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. OPUMO has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, OPUMO reserves the right to seek damages to the fullest extent permitted by law.

10. Limitation of Liability: By entering, You agree to release and hold harmless OPUMO and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

11. Disputes: This Campaign IS GOVERNED BY THE LAWS OF ENGLAND AND WALES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in England and Wales having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the OPUMO website. To read the Privacy Policy, click here.

13. Sponsor: The Sponsor of the Campaign is OPUMO, 65 ALFRED ROAD, LONDON, W2 5EU, UNITED KINGDOM.

14. Instagram: The Campaign hosted by OPUMO is in no way sponsored, endorsed, administered by, or associated with Instagram.

 

 

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