Terms of Service

These Terms of Use ("Terms of Use") govern your use of this website. Any purchase of products or services offered through this website is subject to the terms and conditions of purchase ("Terms of Purchase") on the applicable Company website, which are incorporated herein by reference. In addition, your use of this website is subject to the Privacy Policy, which is incorporated herein by reference.

Throughout the site, the terms "we," "us," and "our" refer to the Company. The Company offers this website, including all information, tools, and services available from this site, to you, the user, conditioned on your acceptance of these Terms of Use. Your continued use of this website constitutes your acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this website.

PLEASE READ THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE "DISPUTES RESOLUTION" SECTION BELOW.

Data Integrity

You represent that all information, data, and other materials you provide on this Site or to the Company by other means are true, accurate, current, and complete. You are responsible for updating and correcting, as necessary, the information you provide on this Site.

Privacy Notice

A copy of the Privacy Notice that applies to the collection, use, disclosure, and other processing of personal information on this Site is available at prohomeygoods.com. You agree that all personal information we receive about you (whether through this Site, by email, telephone, or otherwise) will be collected, stored, and otherwise processed in accordance with the terms of the Privacy Notice.

License and Access to the Site

All content available through this Site (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the exclusive property of the Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.

The Company grants you a limited license to access and personally use this Site. Unless otherwise indicated, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not alter or delete any copyright, trademark, or other proprietary notices appearing in the content. The Company or its licensors or content providers retain full ownership of the content available on the Site, including all related intellectual property rights, and provide such content to you under a license that is revocable at any time at the Company's sole discretion. The Company strictly prohibits any other use of content available through the Site, including, but not limited to:

any downloading, copying, or other use of the Content or the Website for purposes that compete with or benefit the Company or any third party; any caching, unauthorized linking to the Website, or framing of any Content available on the Website; any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer, or sale of any Content, products, or services obtained from the Website that you do not have the right to make available (such as the intellectual property of another party); any uploading, posting, or transmitting of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer; using any hardware or software designed to surreptitiously intercept or otherwise obtain information (such as system data or personal information) from the Site (including, without limitation, the use of any "scraping" or other data mining techniques, robots, or similar data gathering and extraction tools); or any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure or damages or interferes with the proper working of our infrastructure.

You are responsible for accessing the Site, and such access may be subject to third-party charges (such as charges from internet service providers or mobile phone providers). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not circumvent any measures implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including such access or use involving in any way any account you have established on the Site or any device you use to access the Site) will terminate the authorization or license granted to you by the Company.

The Company reserves the right to refuse or cancel any person's registration on this Site, to remove any person from this Site, and to prohibit any person from using this Site for any reason, and to restrict or terminate your access to or use of the Site at any time and without notice. The Company neither warrants nor represents that your use of the content available on this Site will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive any other rights or remedies that the Company may have at law or in equity.

Content Submitted by You

You acknowledge that you are responsible for all content you submit through the Site, including the legality, reliability, appropriateness, originality, and copyright of such content. You are not permitted to upload, distribute, or otherwise publish on this Site any Content that is confidential, proprietary, invasive of privacy or publicity rights, infringing of intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, threatening, false, fraudulent, offensive, slanderous, obscene, vulgar, profane, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to, Content that encourages conduct that would constitute a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability, or otherwise violates any applicable law.

You are not permitted to use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content.

With respect to all Content that you submit, post, upload, publish, or otherwise make available via the Site (except for personal information, which will be treated in accordance with the Privacy Notice), you grant the Company a perpetual, irrevocable, non-perpetual, worldwide, transferable, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works from, and sublicense such Content, or any portion of such Content, in any media. Such Content will not be treated as confidential. You hereby represent, warrant, and covenant that: (i) the Content you provide will not contain anything (including, without limitation, text, images, music, or video) for which you do not have the unconditional right to grant the Company such license; and (ii) that the Company is free to exercise its rights in and/or implement Your Content as it wishes, without obtaining any permission or license from any third party and without reference to you or any other person.

Links

This Website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided as a convenience to you and as an additional means of accessing the information contained therein. We are not responsible or liable for the content, advertising, products, or other materials on or available from such websites or resources. The inclusion of links to other websites or resources should not be construed as an endorsement of the content of any linked website or resource. Different terms and conditions and privacy policies may apply to the use of linked websites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through such linked sites or resources.

DISCLAIMERS OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE OR IN THE SERVICE OR PURCHASE TERMS AND CONDITIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, UNDERTAKINGS, OR WARRANTIES, AND OFFERS NO OTHER EXPRESS OR IMPLIED CONDITIONS WITH RESPECT TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITES OR OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE COMPANY SITES. AND WARRANTIES ARISING FROM PERFORMANCE OR COURSE OF BUSINESS.

USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE RESERVE THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PORTION THEREOF AT ANY TIME. THE COMPANY MAKES NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES, OR THAT THE INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, APPROPRIATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE A WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE EXCLUSION OF LIABILITY MAY NOT BE ALLOWED BY LAW, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, YOUR COMMUNICATIONS WITH THIRD PARTIES, AND YOUR PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE WHILE USING THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED TO YOU FREE OF CHARGE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS (THE "COMPANY PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF (1) THIS WEBSITE OR ANY OTHER WEBSITE OR RESOURCE ACCESSED THROUGH A LINK FROM THIS WEBSITE, OR (2) ANY ACTION TAKEN BY US AS A RESULT OF ANY COMMUNICATIONS YOU SEND TO US SEND, TAKE, OR FAILURE TO TAKE, RESULTING FROM, OR IN ANY WAY RELATED TO; (3) ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THE COMPANY SITES, INCLUDING ANY DAMAGES OR INJURY RESULTING FROM THE USE OF SUCH PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE; (5) THE ALTERATION, REMOVAL, OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM ANY LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATIONS LINE FAILURE, NETWORK OR SYSTEM FAILURE, LOSS OF PROFITS TO YOU, OR ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION,ANY LOSS OR USE OF RECORDS OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY ABOVE-MENTIONED CLAIMS OR DISPUTES WITH THE COMPANY IS TO DISCONTINUE USING THE WEBSITE.

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify the Company Parties against all fines, penalties, liabilities, losses, and other damages of any kind (including attorneys' fees and expert witness costs), and defend the Company Parties and those parties against all claims arising from (1) your breach of these Terms of Use; (2) your breach of the Purchase Terms; (4) your fraud, willful misconduct, or gross negligence; or (5) your violation of applicable law or the rights of a third party. The Company Parties will control the defense of any claim to which this indemnification is applicable, and in any event, you may not settle any claim without the Company Parties' prior written consent.

Electronic Communications

When you use the Site or send emails to the Company, you are communicating with the Company electronically. You agree to receive all communications related to your use of this Site electronically. The Company will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company intended for receipt by a customer will be deemed delivered and effective when sent to the email address you provide on any of the Company's websites.

Trademarks and Copyrights

The trademarks, logos, and service marks ("Marks") displayed on the Site are owned by the Company or its licensors, content providers, or other parties. Users, or parties acting on their behalf, are prohibited from using the Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written consent of the Company or such third party that may own the Marks. You may not frame or utilize any framing techniques or technologies to enclose any content from the Site without the express written consent of the Company. Furthermore, you may not use any content from the Site in meta tags or any other "hidden text" techniques or technologies without the express written consent of the Company. All content (including all software) available on or through the Site is protected by copyright, trademark, and other applicable laws.

Claims of Intellectual Property Infringement

The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has adopted and reasonably enforced a policy that provides for the termination, under appropriate circumstances, of Site users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that you claim is infringing or to be the subject of infringing activity and that you want to be removed or access to which you want to be disabled, and a description of where the material that you claim is infringing is located on the site; your address, telephone number, and, if available, an email address; a statement by you that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Company's designated agent for notification of claims of copyright or other intellectual property infringement can be reached as follows:

By email: support@ONMIE.com

The Company may update this contact information from time to time without notice to you. We will post the most current contact information on this website.

Survival of Terms After Termination

Notwithstanding any other provision of these Terms of Use or any general legal principle to the contrary, any provision of these Terms of Use that imposes or provides for continuing obligations on a party shall survive the expiration or termination of these Terms of Use.

Force Majeure

The Company shall be excused from performance of these Terms of Use or Terms of Purchase to the extent that it is prevented or delayed in performance, in whole or in part, by any event or series of events caused by (1) weather conditions or other elements of nature or acts of God, (2) acts of war, terrorist acts, insurrection, riot, civil unrest or rebellion, (3) quarantine or embargo, (4) labor strikes, or (5) any other cause beyond the reasonable control of the Company.

Risk of Loss.

Items purchased through the Site are shipped by a third-party carrier under a shipment contract. Consequently, the risk of loss and title for such items pass to you upon delivery to the carrier.

General

If any provision contained in these Terms of Use or Terms of Purchase is held to be invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable term shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or Terms of Purchase. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use or Terms of Purchase and the relationship between you and the Company will be governed by the laws of the United Kingdom, to the extent not overridden by or inconsistent with federal law, without regard to its conflict of law provisions. For any claims not subject to arbitration, we each submit to the personal jurisdiction of a court located in the United Kingdom.

The Company's failure to act upon a breach of these Terms of Use or the Terms of Purchase by you or others will not waive the Company's right to act upon subsequent or similar breaches. If any content on this Site or your use of the Site violates the laws of the location where you are located at the time you access the Site, the Site is not intended for you, and we ask that you do not use the Site. You are responsible for informing yourself about and obeying the laws of your jurisdiction.

The Company does not guarantee that it will act upon all violations of these Terms of Use or the Terms of Purchase. Except as expressly provided in these Terms of Use or the Terms of Purchase, there are no third-party beneficiaries of these Terms of Use or the Terms of Purchase.

Assignment

You may not assign these Terms of Use or the Terms of Purchase (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of the Company, which consent may be withheld in the Company's sole discretion. Any attempted assignment inconsistent with these Terms of Use or the Terms of Purchase will be null and void. The Company may assign these Terms of Use or the Terms of Purchase, in whole or in part, to any third party at its sole discretion.

Entire Agreement and Permissibility

These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

In some cases, both these Terms of Use and a separate document containing additional terms may apply to a service or product offered through this Site ("Additional Terms"). In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to the use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use and any separate agreements we provide to you shall be governed by and construed in accordance with the laws of the United Kingdom.

Contacting Us

If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department by email at support@onmie.com.

Company name: Onmie LIMITED 

Company number: 16542077

OFFICE ADDRESS:
71-75 Shelton Street
Covent Garden
London
WC2H 9JQ
UNITED KINGDOM