Before using the omiprive.com website, please read carefully.

The website, located at www.omiprive.com, is provided to you by OMI GEMS (“we”, “us” or “our”). This privacy policy (“Privacy Policy”) explains how we collect, use and disclose information about you in connection with your access to and use of the website. Please read this Privacy Policy carefully to understand our practices regarding your personal information and how it will be treated.

1. INFORMATION WE MAY COLLECT FROM YOU AND HOW WE USE IT

We may collect and process the following data about you:

Submitted Information

We may collect information that you provide to us when you: (i) register for a user account on the website; (ii) report a problem with the website; (iii) sign up for email updates from Omi Gems and our partners; (iv) purchase products or services through the website, or (v) enter a contest, sweepstakes or promotion on the website. This kind of information may include your name and email address, or other contact details such as your home address, telephone number, and biographical information. It may also include financial information such as your payment card details and transaction details about products or services you have purchased from us. We use this information to enable you to have a user account on the website, to personalize and improve the website and provide content and features that may be of interest to you, facilitate the purchase of products and provision of services through the website, and to provide a good level of customer service.

Additional information

If you contact us with a complaint or query about the website, we may keep a record of that correspondence to ensure we provide good customer service. We may also ask you to complete surveys about our products and services that we use for research purposes, although you do not have to respond to them.

Device information

We may collect information about the computer or device you use to access the website, including, where available, the device’s unique device identifiers and information about the operating system, for system administration purposes. We may associate this kind of device information with the Submitted Information and Additional Information referred to in the sections above and will treat the combined information as personal information in accordance with this Privacy Policy for as long as it is combined.

Log Information

When you use the website, we may also automatically collect and store certain information in our server logs to get a better understanding of how you use the website, for system administration purposes, and to ensure we provide a good user experience and customer service. This type of information includes information about when, how, and what parts of the website you use, viewed and exit pages on the website as well as date or time stamps.

In particular, our server automatically collects data about your server’s internet address when you visit us. This information, known as an ‘Internet Protocol’ address, or IP address, is a number that is automatically assigned to your computer by your internet service provider whenever you are on the internet. When you request pages from our website, our servers may log your IP address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g. another website or a search engine); the pages you visit on our website; the website you visit after you visit our website; the ads you see and/or click on; other information about the type of web browser, related software and settings you are using; any search terms you have entered on the website or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server and to administer the website. Such information may also be used to gather broad demographic information, such as country of origin. Any or all of the activities with regard to our website usage information may be performed on our behalf by our service providers.

Security and Fraud Prevention

We may use your personal information to ensure the security of your use of the website, your user account and our business, and for the purposes of preventing or detecting fraud or abuses of our services.

2. PURPOSES OF PROCESSING YOUR PERSONAL INFORMATION

We process your personal information in order to operate, maintain and provide you with the features and various functionalities of the website (including any additional functionalities you may have requested), such as administering your online account, facilitating your purchase of products or services on our website, and communicating with you about the status of your order. We also process your personal information to provide customer service and support. We will indicate where the provision of certain information is voluntary, and you will be able to withdraw your consent or exercise your rights in relation to this information at any time as described in this Privacy Policy.

The legal basis for us processing your personal information as described above will typically be one of the following:

• because it is necessary to fulfil a contract that we have in place with you;
• for our or our third parties’ legitimate business interests;
• your consent; or
• where the processing is necessary for compliance with our legal obligations.

3. COOKIES AND SIMILAR TECHNOLOGIES

The website uses cookies and technologies which are similar to cookies. A cookie is a small file of letters and numbers that we, or our advertising partners or service providers, may set on your device. This allows us to distinguish you from other users of the website, which helps us to provide you with a good experience when you use the website and also to improve the services provided through it.

You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

4. WHERE WE STORE YOUR PERSONAL INFORMATION

We take steps to ensure that the personal information that you provide is retained for only as long as it is necessary for the purpose for which it was collected and for satisfying any additional legal, accounting, or reporting requirements, as well as for maintaining technical backups. We apply criteria to determine the appropriate retention period for different categories of personal information you provide us with. For example, we will keep information necessary to protect us in a legal claim, such as information relating to a contract, for the lifetime of the contract and up to seven years after. After this period, it will be deleted or in some cases anonymized. Where we have collected the personal information based on your consent and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent then you may request that we delete your personal information. In that case, we will either delete your information or provide you with an explanation of why we have not done so.

The information that we collect may be transferred to, and stored at, a destination outside the country in which it is collected, which may have less strict, or no data protection laws, when compared to those in your country. The United States is one country where the information collected may be processed and stored. Information may also be processed by staff operating outside the country in which it is collected who work for us or for one of our suppliers, for example in the provision of support services. By submitting your personal information, you consent to this transfer, disclosure, storing or processing of your personal information.

Whenever we transfer your information outside of the country in which it is collected, we will take steps reasonably necessary to ensure that appropriate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this Privacy Policy.

5. SECURITY AND PASSWORDS

You must keep your password and any other authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us at jewelry@omiprive.com .

Unfortunately, the transmission of information via the internet is not completely secure and as a result, we cannot guarantee the security of your information transmitted via the website; any transmission is at your own risk.

6. DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries. All of those organizations will process your personal information only as described in the Privacy Policy or where permitted by law or your consent.

We may disclose your personal information to third parties: (a) in the event that we sell any business or assets, in which case we may disclose your personal information to the prospective and actual buyer of such business or assets; and (b) if we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our users will be one of the transferred assets. This includes sales in bankruptcy or liquidation where the business is not continuing as a going concern. Where we sell only a part of our business, we may transfer your personal information to the buyer while retaining it to use and disclose for the purposes set out in this Privacy Policy. In addition, we may disclose personal information to a third party, including government agencies and law enforcement, if we reasonably believe we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation or request.

We also disclose your personal information: (a) if we believe your actions are inconsistent with our user agreements or policies, including our Terms of Service and to investigate potential breaches; and (b) to protect the rights, property or safety of us, our users, or others.

We may share your information with our service providers and vendors who help us to operate the website and deliver our products and services, for example, website or database hosting companies, payment processors, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfilment companies, marketing and promotional companies and other similar service providers. Such parties may process information about you on our behalf to assist, for example, with the distribution of marketing materials and the provision of support services.

We also share personal information with third parties who help us detect and prevent fraudulent transactions and verify credit references. The information we share with those third parties may include information that you share with us (such as your contact details, payment details, and information about your order) as well as device and log information as detailed above.

We take steps to only share with third parties the personal information necessary for them to provide their contracted services. We take steps to prohibit third parties from using or disclosing personal information for purposes other than to carry out their contracted services, and to require that they apply reasonable privacy safeguards when storing and processing personal information.

We may also share with any party aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may disclose to our third party partners aggregate, anonymous data regarding user behavior as a measure of interest in and use of our website. Such data may include overall patterns or demographic reports from which an individual cannot be identified. Please note that there is always a risk de-identified data can be re-identified.

7. SOCIAL SHARING FEATURES

The website may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our website with other media, and vice versa.   Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

8. ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the internet and in applications.  These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the website and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information.  This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the website and other websites and better understand your online activity.  For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

9. MARKETING

We may use your identity, contact, technical, usage and profile data to form a view on what products, services and offers may be relevant for you. You may receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any company outside of our group of companies for marketing purposes. You can ask us to stop sending you marketing messages or to stop sharing your personal data with third parties for marketing purposes at any time by following the opt-out links on any marketing message sent to you, or by contacting us at any time. If you opt out of receiving marketing communications, we may still contact you about service-related issues such as where we make any changes to the website, the Terms of Service or this Privacy Policy. 

10. YOUR ACCOUNT AND DATA PROTECTION RIGHTS

You may update, correct or delete some of the information we collect about you at any time by logging into your online account. You may also request to obtain a copy of your personal information in our control or update or delete it by emailing us at  jewelry@omiprive.com.  We will consider your request and either comply or provide you with our reasons for not complying. If you wish to delete your account, please email us at jewelry@omiprive.com , but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Additional Disclosures for California Residents

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.

11. California Notice of Collection: We collect the following categories of personal information enumerated in the CCPA:

• Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account;
• Customer records, such as billing and shipping address, and credit or debit card data;
• Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws;
• Commercial information, such as products or services history and purchases;
• Internet activity, such as your interactions with our service;
• Audio or visual data, such as photos or videos you share with us or post;
• Geolocation data;
• Inferences, such as information about your interests, ring size preferences and favorites.

We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the “Sharing of Information” section for more detail about the parties we have shared information with.

Omi Gems does not sell your personal information.

12.Right to Know and Delete

If you are a California resident, you have the rights to delete the personal information we have collected from you and know certain information about our data practices over the past 12 months. You have the right to request the following from us:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information was collected;
• The categories of personal information about you we disclosed for a business purpose or sold;
• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
• The business or commercial purpose for collecting or selling the personal information; and
• The specific pieces of personal information we have collected about you.

To exercise any of these rights, call our toll-free number to speak with a representative or send us an email (using the contact information below) to receive the request form we will ask you to fill out. In the request, please specify which right you are seeking to exercise and the scope of the request. Once you email it back to us, we will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

Contact Us:

OMI GEMS

Email:jewelry@omiprive.com

13. Authorized Agent

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

14. Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

15. Shine the Light

If you are a customer in California, in addition to the rights set forth above, you have the right to request information from OMI GEMS regarding the manner in which we share certain categories of personal information as defined by California’s “Shine the Light” with third parties and/or affiliates for their own direct marketing purposes. To receive this information, send us a request at the address set forth in the section entitled “Contact Us” above. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Omi Gems may provide this information in a standardized format that is not specific to you and is not required to respond to requests made by means other than through the provided e-mail address or mail address.

16. Postings

Any California residents under the age of eighteen (18) who have registered to use the Service and posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to the e-mail address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonably good faith efforts to remove the post from prospective public view.

17. CHANGES TO PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the bottom of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy when you access the website to stay informed about our information practices and the choices available to you.

18. CONTACT US

Questions, complaints and comments regarding this Privacy Policy and our processes should be sent to: jewelry@omiprive.com.

Last updated: 8/3/23

The website www.omiprive.com is provided to you by Omi Gems, Inc./Omi Privé (“we”, “us” or “our”). This cookie policy (“Cookie Policy”) (together with our website Terms of Service and Privacy Policy) applies to your use of the website and sets out information about the cookies that we use on our website.

Our website uses cookies and technologies to distinguish you from other users of the website. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies help us to improve the website and to deliver a more personalized experience, they enable us to:

•   Estimate our audience size and usage pattern.
•   Store information about your preferences and customize website according to your individual interests.
•   Speed up your searches, and,
•   Recognize you when you return to website.

You can control how your browser handles cookies that we set. You can choose to refuse all cookies, be prompted before a cookie is saved to your hard drive or only accept cookies from certain websites. Information on deleting or controlling cookies is available at www.AboutCookies.org. However, if you use your browser settings to block cookies, you may not be able to use some of the features and functionality on the website.

We may use the following cookies:

•   Essential cookies – These are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, sign-up to our newsletters, use a shopping cart or make use of e-billing services.
•   Analytical/performance cookies – These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
•   Functionality cookies – These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences.
•   Advertising/Targeting cookies – These cookies record your visit to our website, the pages you have visited and the links you have followed. We and our advertising partners will use this information to make our website and the advertising displayed on it and other websites you visit more relevant and meaningful to your interests, and to track the efficiency of our advertising campaigns, both on our services and on other websites. We may also share this information with third parties or allow third parties to set cookies for these or similar purposes, whether on our website or on third party websites. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit aboutads.info/choices.

In most cases, cookies will be stored until you clear your cookie history and/or cache.

We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies on our website and/or in our e-mails. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail that communicates to us whether you viewed an e-mail that we sent you or visited a certain page on our website. A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information we hold about you.

Visitors to our website may be provided with the option to navigate to our external websites. When the visitor selects the option to view these websites, they are taken away from our website and to the other site. We are not responsible for any cookies used once the visitor has left our website. 

Last Updated: 8/3/23

Before using the omiprive.com website, please read carefully. Terms of service (“Terms”) are a legal agreement between you (“You”) and Omi Privé (“Us”, “We” or “Our) in respect to your access to and use of our website.

1. INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Omi Privé, 100 N. Barranca St. Suite 970, West Covina CA 91791.

Country refers to: California, United States

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Omi Privé, accessible from www.omiprive.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. LIMITED LICENSE; USE RESTRICTIONS

The website, including the text, graphics, images, photographs, videos, illustrations and other content contained herein, are owned by us are protected under both United States and foreign laws.

All rights in and to the website are reserved by us or our licensors except as expressly stated in these Terms;

We hereby grant you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our website, and, for your own personal, non-commercial use;

The content on the website shall not be modified, distributed, framed, republished, scraped or sold in any form or by any means, in whole or in part, without our prior written permission subject to your compliance with these Terms;

We reserve all other rights which are not granted in these Terms; and,

We may revoke the license granted in these Terms at any time without notice and with or without cause.

You must not use the website in or for any unlawful manner or purpose, or to act maliciously or fraudulently. This includes but is not limited to:

Hacking into or inserting malicious code, including viruses or harmful data, into the website or any operating system used by the website;

Using methods that could damage, disable, overburden, impair or compromise our systems, their security or cause any interference with any users;

Collecting or harvesting any information or data from the website or its systems;

Attempting to decipher any transmissions to or from the servers running the website; and,

Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these Terms;

Transmitting, or procuring the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);

Carrying out any data mining or similar data gathering or extraction methods on the website or reverse engineer any aspect of the website; and,

Doing anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any part of our website.

4. INTELLECTUAL PROPERTY

Omi Privé protects all trademarks including logos, product or service names, slogans, design and look of the website. They may not be copied, imitated or used, in whole or in part;

All other trademarks, registered trademarks, product names, company names or logos on the website are the protected property of their respective owners; and,

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

5. PROMOTIONS

From time to time, the website may offer sweepstakes, contests or other promotions that, for participation, require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the website may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used.

1. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter;
2. By entering any such sweepstakes, contest or other promotion, you agree to abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects; and,
3. If there is a conflict between these Terms and any separate set of rules that govern sweepstakes, contest or promotions offered via the website, the separate set of rules will control for that conflict.

6. USER CONTENT

The website may allow you and other users to create, post, store and share content, including text, photos, and other materials (collectively, “User Content”). You retain all of your ownership rights in and to any User Content you provide except for the license you grant in points below:

You hereby grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you;

When you post or otherwise share User Content on or through our website, you understand that your User Content and any associated information may be visible to others;

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above;

You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity; and,

Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

Engages in any harassing, threatening, intimidating, predatory, or stalking conduct;

Impersonates, or misrepresents your affiliation with, any person or entity;

Contains any unsolicited promotions, political campaigning, advertising or solicitations;

Contains any private or personal information of a third party without such third party’s consent; or,

In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our website, products or services, or may expose us or others to any harm or liability of any type.

Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the website will not contain any content that is prohibited by such rules.

7. USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

8. INDEMNITY

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Omi Gems/Omi Privé Parties from and against any losses, liabilities, claims, demands, damages, expenses or costs (collectively, “Claims”) arising out of or related to your:

1. Access to or use of the website;
2. Feedback or User Content you provide;
3. Violation of these Terms;
4. Violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or,
5. Conduct in connection with the website.

You agree:

1. To promptly notify the Omi Gems Parties of any third-party Claims, cooperate with the Omi Gems Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees);
2. Omi Gems Parties will have control of the defense or settlement, at the Omi Gems Parties’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Omi Gems Parties.

9. PRIVACY

For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.

10. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or the website (collectively, “Feedback”). You understand that:

We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion; and,

We may treat Feedback as non-confidential.

11. THIRD PARTY SITES AND SERVICES

The website may contain links to third party websites and services (“Third Party Sites and Services”). The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.

1. We do not endorse the content or other material contained in the Third Party Sites and Services, make no representations or warranties regarding any content available on Third Party Sites and Services, and have no association with their operators;
2. Your dealings, correspondence or interaction with and use of any Third Party Sites and Services are solely between you and the provider of the Third Party Sites and Services and will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”); and,
3. It is your responsibility to read the Third Party Terms and understand or agree to be bound by any Third Party Terms. If not, you should not use any Third Party Sites and Services.

12. LINKING TO OUR SITE

Link to the omiprive.com homepage is provided if one does so in a way that is fair and legal and does not damage or take advantage of our reputation.

You may not frame or deep link this website;

The website from which you are linking must comply in all respects with applicable laws; and,

You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists.

13. TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

14. LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

15. “AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

16. GOVERNING LAW

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

17. DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via email at jewelry@omiprive.com.

18. FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

19. UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

20. SEVERABILITY AND WAIVER

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

21. TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

22. CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

23. CONTACT US

If you have any questions about these Terms and Conditions, You can contact us by email:  jewelry@omiprive.com.

Last updated: 8/3/23