Terms & Conditions
BY USING THIS SITE, YOU INDICATE YOUR
UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE").
WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS
OF USE. THE CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO
THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. Use of the Site
You may use the Site only in accordance
with and subject to these Terms of Use and the Site's Privacy Policy (the
"Privacy Policy"). Once you complete and submit your registration,
you have opted in to receive email communication from us. You may not use the
Site for any purpose that is unlawful or prohibited by these Terms of Use, or
to solicit the performance of any illegal activity or other activity which
infringes the rights of Only Oud or others.
Notwithstanding any other rights or
restrictions in these Terms of Use, you may not use this Site to: (a) transmit
via or through the Site any information, data, text, images, files, links, or
software except in connection with your authorized use of this Site or otherwise
in response to specific requests for information by us; (b) introduce to the
Site or any other computer or web site viruses, worms, Trojan horses and/or
harmful code; (c) obtain unauthorized access to any computer system; (d)
impersonate or embezzle any other person, including but not limited to, a
registered user of this Site or an employee of Only Oud; (e) invade the privacy
or violate any personal or proprietary right (including intellectual property
rights) of any person or entity; (f) misrepresent the identity of a user or use
a false e-mail address; (g) tamper with or obtain access to this Site or any
component of this Site; (h) conduct fraudulent activities; or (i) collect or
harvest information regarding other users of the Site for any reason whatsoever,
including, without limitation, for sending such users unsolicited commercial
e-mail.
You are responsible for maintaining the
confidentiality of your account and password. You agree to accept
responsibility for all activities that occur under your account or password.
You agree to immediately notify us in the event of any unauthorized use of your
account or other breach of security.
2. Membership Eligibility
Membership is available only by a valid
invitation to users who have completed the information required by the Site's
registration form. If you do not qualify, you may not use the Site. As a
member, you agree to provide true, accurate, current and complete information
about yourself as prompted by the Site's registration form. Membership is void
where prohibited by law.
3. Accuracy of Content; Limitations on
Quantity
The information on this Site is believed to
be complete and reliable; however, the information may contain typographical
errors, pricing errors, and other errors or inaccuracies. Errors will be
corrected as soon as practicable. We reserve the right to: (i) revoke any
stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make
changes to prices, content, promotion offers, product descriptions or
specifications, or other information without obligation to issue any notice of
such changes (including after an order has been submitted, acknowledged,
shipped or received). We also reserve the right to limit quantities (including
after an order has been submitted and/or acknowledged) and to revise, suspend
or terminate an event, promotion at any time without notice. The inclusion of
any products or services on this Site at a particular time does not guarantee
that the products or services will be available.
4. Credit Card Payment
In a credit card transaction, you must use
your own credit card. Only Oud will not be liable for any credit card fraud or
mistaken or improper use. The liability to use a card fraudulently will be on
the user and the onus to 'prove otherwise' shall be exclusively on the user.
5. Proprietary Rights
You acknowledge and agree that the content,
materials and other components (including but not limited to logos, graphics,
button icons and page headers) available on the Site are the property of Only
Oud and are protected by copyrights, trademarks, service marks or other
proprietary rights and laws. You agree not to, including but not limited to the
following acts: sell, license, rent, modify, distributed, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from content or materials on the Site. Use of any contents and
materials for any purpose not expressly permitted in these Terms of Use is
prohibited. You are prohibited to use, acquire, download, obtain, access to the
files, documents, data, contents and information in connection to the Site or
through any platform, channel, method, or any other means to access or use any
contents and materials of the Site.
Only Oud relies upon a network of
independent vendors who supply some of the goods advertised on the Site and, in
some cases, drop ship them directly to you. We are not liable for any
infringement of copyrights, trademarks, trade dress or other proprietary or
intellectual property rights arising out of content posted on or transmitted
through the Site, or items advertised on the Site, by our vendors.
6. Submissions
Any comments, ideas, notes, postings, messages,
suggestions or other communications or information posted on the Site,
submitted to Only Oud, or otherwise communicated in connection with your use of
the Site (collectively, "Submissions") shall be and remain the
exclusive property of Only Oud with no further compensation to you. As such, we
will own exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any Submissions.
Under no circumstances shall any disclosure
of any submission to Only Oud be subject to any obligation of confidentiality
or expectation of compensation or attribution by submitting any submission to Only
Oud. You are waiving any and all rights that you may have in the submission and
you agree that any submissions by you will not violate any right of any third
part, including copyright, trademark, privacy or other personal or proprietary
rights. You also agree that no submission by you will be or contain libelous or
otherwise unlawful abusive or obscene material. You are and shall remain solely
responsible for the content of any submissions you make. You represent and
warrant to Only Oud that Only Oud is free to implement the submission if it so
desires, as provided or as modified by Only Oud, without obtaining permission
or license from any third party. Only Oud takes no responsibility and assumes
no liability for any content submitted or posted by you or any third party.
7. Links to Third-Party Web Sites; No
Implied Endorsements
This Site may contain links to other web
sites on the Internet. You acknowledge that we have no control over such web
sites and that we are not responsible for the accuracy, content, legality or
any other aspect of any linked web site. In no event shall any reference to any
third party, third party website or third party product or service be construed
as an approval or endorsement by us of that third party, third party website or
of any product or service provided by a third party. We shall not warrant or
guarantee the content, merchandise and services appeared on the said websites.
8. Indemnification
By using this Site, you agree to indemnify,
hold harmless and defend Only Oud, its parent, subsidiaries and affiliates, and
their respective officers, directors, employees, successors, agents,
subsidiaries, partners, contractors, vendors, manufacturers, distributors,
representatives and affiliates from any claims, damages, losses, liabilities,
and all costs and expenses of defense, including but not limited to, attorneys'
fees, resulting directly or indirectly from a claim (including without
limitation, claims made by third parties for infringement of intellectual
property rights) by a third party that arises in connection with (i) your use
or misuse of the Site; (ii) your breach of the Terms of Use; or (iii) your
violation of any law or the rights of a third party. You agree to cooperate as
fully as reasonably required in the defense of any claim. Only Oud reserves the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.
9. Disclaimer of Warranty
This site, its content and all text,
images, merchandise and other information on, accessible from or available
through this site are provided on an “as available” and “as is” basis without
warranty of any kind, either express or implied, including but not limited to
the implied warranties or merchantability, fitness for a particular purpose, or
non-infringement specifically, but without limitation, Only Oud does not
warrant that: (i) the information available on this site is free of errors;
(ii) the functions contained on this site will be uninterrupted or free of
errors; (iii) defects will be corrected; or (iv) this site or the server(s)
that makes it available are free of viruses or other harmful components.
10. Limitation of Liability
In no event shall Only Oud, its parent,
subsidiaries or affiliates or their respective officers, directors, employees,
agents, successors, subsidiaries, divisions, distributors, suppliers,
affiliates or third parties providing information on this site be liable to any
user of the site or any other person or entity for any direct, indirect,
special, incidental, punitive, consequential or exemplary damages, (including
but not limited to damages for loss of profits, loss of data or lose or use),
arising out of the use or inability to use the site or any information
contained thereon or stored or maintained by Only Oud, whether based upon
warranty, contract, tort, or otherwise, even if Only Oud has been advised of or
should have known of the possibility of such damages or losses. In no event
shall the total liability of Only Oud, its parent, subsidiaries or affiliates
or their respective officers, directors, employees, agents, successors,
subsidiaries, divisions, distributors, suppliers, affiliates or third parties
providing information on this site to you for all damages, losses, and causes
of action resulting from your use of this site, whether in contract, tort
(including but not limited to negligence) or otherwise, exceed the amount you
paid to Only Oud in connection with the applicable event, promotion or event
giving rise to such liability without limiting the foregoing. In no event shall
the total liability of Only Oud, its parent, subsidiaries or affiliates or
their respective officers, directors, employees, agents, successors,
subsidiaries, divisions, distributors, suppliers, affiliates or third parties
providing information on this site have any liability for any damages or losses
arising out of or otherwise incurred in connection with the loss of any data or
information contained in your account or otherwise stored by or on behalf of Only
Oud.
You hereby acknowledge that the preceding
paragraph shall apply to all content, merchandise and services available
through the Site. Because some countries do not allow limitations on implied
warranties or the exclusion or limitation of certain damages, in such countries
some or all of the above disclaimers or exclusions may not apply and liability
will be limited to the fullest extent permitted by applicable law.
11. International Use
We make no representation that information
on this Site is appropriate or available for use outside the Asia region. Those
who choose to access this Site from outside the Asia region do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
12. Only Oud Affiliates
Only Oud is not affiliated with web sites
or third parties that sell or advertise our products without a written
agreement with us. Only Oud reserves the right to void all service, return, and
other policies for orders and Only Oud products that were purchased through
unauthorized sellers. Only Oud is not responsible for any representations by
unauthorized sellers.
13. Unavailability of Site; Termination;
Fraud
We may alter, suspend, or discontinue this
Site in whole or in part, at any time and for any reason, without prior notice
or cost. We may, in our sole discretion, terminate or suspend your use or
access to all or part of the Site or your account or membership, for any
reason, including without limitation, breach of these Terms of Use. If at any
time, we notify you that your access to and /or use of the Site or your account
is terminated, you must cease and desist from all such access and/or use
immediately. We reserve the right to cancel, delay, refuse to ship, any order
if fraud is suspected. In the event these Terms of Use or your membership or
account are terminated, the restrictions regarding intellectual property
matters, the representations and warranties, indemnities, and limitations of
liabilities set forth herein (as well as any other of your obligations which by
their nature should survive termination) will survive termination.
14. Copyright Infringement; Notice and
Take Down Procedures
If you believe that any materials on this
Site infringe your copyright, you may request that they be removed. This
request must bear a signature (or electronic equivalent) of the copyright
holder or an authorized representative and must: (a) identify the allegedly
infringing materials; (b) indicate where on the Site the infringing materials
are located; (c) provide your name and contact information; (d) state that you
have a good faith belief that the materials are infringing; (e) state that the
information in your claim is accurate; and (f) indicate that "under
penalty of perjury" you are the lawful copyright owner or are authorized
to act on the owner's behalf. (g) state that you agree to indemnify us or third
parties for loss suffered due to your wrongful request for removal.
15. Miscellaneous
Unless otherwise specified herein, these
Terms of Use, together with the Privacy Policy, constitute the entire agreement
between you and Only Oud with respect to the Site and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and Only Oud with respect to the Site. If any part of
these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The failure of Only Oud to act with
respect to a breach by you or others does not waive Only Oud’s right to act
with respect to subsequent or similar breaches. Only Oud’s failure to exercise
or enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. The section headings contained in these
Terms of Use are included for convenience only and shall not limit or otherwise
affect the terms of these Terms of Use.
This agreement shall be construed in
accordance with the applicable laws of Hong Kong. The Courts at Hong Kong shall
have non-exclusive jurisdiction in any proceedings arising out of this
agreement.