By accessing, browsing, or placing an order with OmisArt, you agree to be bound by these Terms & Conditions, as well as our Privacy Policy. These terms apply to the entire website, mobile application, and any form of communication between you and OmisArt. If you do not agree to these terms, you must refrain from using the OmisArt Service.
Liability: Under no circumstances shall OmisArt or its team be liable for any , indirect, incidental, special, or consequential damages, including but not limited to loss of data, revenue, or profit, arising from the use or inability to use the materials on this site. This limitation applies even if OmisArt or its representatives have been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any associated costs.
Modifications: OmisArt reserves the right to change prices, modify these Terms & Conditions, or revise the usage policy at any time, without prior notice. Any changes will be effective immediately upon posting on the website or within the app.
2. License
OmisArt grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the OmisArt app strictly in accordance with these Terms & Conditions. This license is granted to you for personal and non-commercial use only, and you agree not to use the app for any illegal or unauthorized purposes.
Contractual Agreement: These Terms & Conditions constitute a legally binding agreement between you and OmisArt ("we," "us," or "our"). By accessing the OmisArt Service, you confirm your acceptance of these terms. If you represent an organization, you confirm that you have the authority to bind that organization to these Terms & Conditions.
3. Meanings
For the purposes of these Terms & Conditions:
Cookie: A small data file generated by a website and stored by your web browser. Cookies are used to identify your browser, provide analytics, and remember preferences.
Company: Refers to OmisArt, located at Topaasstraat 29, 9743LA Groningen, Netherlands.
Country: Refers to the Netherlands, where OmisArt is based.
Device: Any internet-connected device such as a smartphone, tablet, or computer that can access OmisArt’ services.
Service: Refers to the service provided by OmisArt as described on the platform and in these Terms.
Third-Party Service: Refers to any content, service, or product provided by third parties, including advertisers, sponsors, and partners.
You: Refers to the individual or entity that is registered with OmisArt to use the Services.
4. Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineerany part of the app.
Remove, alter, or obscure any proprietary notice (including copyright or trademark) of OmisArt or its licensors.
5. Return and Refund Policy
Thank you for choosing OmisArt. We aim to provide a rewarding experience. By placing an order with OmisArt, you agree to the terms outlined herein and our Privacy Policy.
Satisfaction Guarantee: If you are not completely satisfied with any product or service, please contact us at info@omisart.com. We will work with you to resolve any issues, including offering refunds or replacements where applicable. Refunds may be subject to specific conditions and timelines, which will be communicated to you at the time of your request.
6. Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to OmisArt shall remain the sole and exclusive property of OmisArt. By submitting suggestions, you grant OmisArt the right to use, copy, modify, publish, or redistribute your suggestions for any purpose and in any way without compensation to you.
7. Your Consent
By using our app, registering an account, or making a purchase, you consent to our Terms & Conditions and the collection, use, and sharing of your data as described in our Privacy Policy.
8. Links to Other Websites
These Terms & Conditions apply solely to the OmisArt Service. Our platform may contain links to third-party websites or services that are not operated or controlled by OmisArt. We are not responsible for the content, accuracy, or opinions expressed on such websites, nor do we monitor or endorse these sites. When you access a third-party site via our platform, our Terms & Conditions no longer apply, and you should review the terms and policies of that site.
9. Cookies
OmisArt uses cookies to enhance the performance and functionality of our platform. Cookies are not essential for basic functionality but may improve your experience by storing preferences and login information. You can disable cookies in your browser settings, but this may limit your access to certain features.
10. Changes to Our Terms & Conditions
OmisArt may modify these Terms & Conditions at any time. Material changes will be communicated to you through our platform, and you will be given the opportunity to review them before they take effect. Continued use of the OmisArt Service after changes are posted indicates your acceptance of the updated terms.
11. Modifications to Our App
OmisArt reserves the right to modify, suspend, or discontinue the app or any service connected to it, temporarily or permanently, without notice and without liability to you.
12. Updates to Our App
OmisArt may periodically provide updates, patches, bug fixes, or enhancements to the app. These updates may modify or delete certain features or functionalities. All updates are considered part of the app and are subject to these Terms & Conditions.
13. Third-Party Services
OmisArt may include or provide links to third-party content or services on our platform. We do not endorse or assume any responsibility for these third-party services, and your use of them is at your own risk. OmisArt is not liable for any issues arising from your interaction with third-party services.
14. Term and Termination
This Agreement remains in effect until terminated by you or OmisArt. OmisArt may terminate this Agreement at any time, with or without cause, and with or without notice. Upon termination, you must cease all use of the app and delete all copies from your devices. Termination does not limit any of OmisArt's rights or remedies in case of breach by you of these terms.
15. Copyright Infringement Notice
If you believe that any material on our platform infringes your copyright, please contact us with the following information:
A physical or electronic signature of the copyright owner or authorized agent.
Identification of the material claimed to be infringing.
Your contact details (address, telephone number, email).
A statement that you have a good faith belief that the use of the material is unauthorized.
A statement, under penalty of perjury, that the information in the notification is accurate.
16. Indemnification
You agree to indemnify, defend, and hold harmless OmisArt, its officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, damages, liabilities, losses, and expenses (including legal fees) arising from:
Your use or misuse of the OmisArt Service.
Your violation of applicable laws or regulations.
Your breach of these Terms & Conditions.
Any content you submit to OmisArt.
17. No Warranties
The OmisArt Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible by law, OmisArt disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. OmisArt does not guarantee that the service will be uninterrupted, error-free, or free from viruses or other harmful components.
18. Limitation of Liability
OmisArt's liability for any damages shall not exceed the amount you paid for the app. In no event shall OmisArt be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use or inability to use the app.
19. Severability
If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the remaining provisions will remain in full force and effect.
20. Waiver
No failure or delay by OmisArt in exercising any right under these Terms & Conditions shall operate as a waiver of that right. No waiver by OmisArt of any breach or default shall constitute a waiver of any subsequent breach or default.
21. Amendments to this Agreement
OmisArt reserves the right to amend these Terms & Conditions at any time. Material changes will be communicated to you through our platform. Your continued use of the OmisArt Service after any such changes constitutes your acceptance of the new terms.
22. Entire Agreement
These Terms & Conditions, together with the Privacy Policy and any other legal notices published by OmisArt, constitute the entire agreement between you and OmisArt regarding the use of the Service. These terms supersede all prior or contemporaneous agreements, written or oral, regarding such subject matter.
23. No Employment or Agency Relationship
Nothing in these Terms & Conditions shall be construed as creating any agency, partnership, joint venture, or employment relationship between you and OmisArt. You agree that you are using the OmisArt Service as an independent contractor and not as an employee or agent of OmisArt.
24. Intellectual Property
The OmisArt app, website, and all content, features, and functionality are the exclusive property of OmisArt and its licensors and are protected by international copyright, trademark, patent, and trade secret laws. You agree not to copy, modify, distribute, or create derivative works of any content on the app without prior written consent from OmisArt.
25. Agreement to Arbitrate
All disputes arising from or related to these Terms & Conditions or your use of the OmisArt Service will be resolved through binding arbitration, except for disputes related to intellectual property rights. Arbitration will be conducted in accordance with the rules of the Dutch Arbitration Institute. You are waiving your right to litigate disputes in court or participate in a class action.
26. Notice of Dispute
In the event of a dispute, you must provide OmisArt with a Notice of Dispute, detailing the nature of the dispute, your contact information, and the relief you seek. You and OmisArt will attempt to resolve the dispute through informal negotiation within 60 days. If the dispute is not resolved, it will proceed to arbitration.
27. Submissions and Privacy
By submitting any ideas, suggestions, or content to OmisArt, you agree that such submissions will be considered non-confidential and non-proprietary and will become the sole property of OmisArt. We reserve the right to use such submissions for any purpose, without compensation to you.
28. Promotions
OmisArt may run promotions, contests, or sweepstakes that require you to submit information. Each promotion will have its own rules, which you must read and agree to before participating. By entering any promotion, you agree to be bound by the promotion’s specific terms and conditions.
29. Typographical Errors
In the event of a pricing or information error, OmisArt reserves the right to refuse or cancel any orders placed for the affected product or service. If your payment has already been processed, we will issue a credit to your account for the amount charged.
30. Miscellaneous
These Terms & Conditions are governed by and construed in accordance with the laws of the Netherlands. Any legal action or proceeding related to these Terms & Conditions shall be brought exclusively in the courts of the Netherlands. You agree that these Terms & Conditions and any other legal notices published by OmisArt constitute the entire agreement between you and OmisArt regarding the use of the Service.
Headings: The section headings in these Terms & Conditions are for convenience only and have no legal or contractual effect.
31. Disclaimer
OmisArt makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, or materials included on the Service. To the fullest extent permissible under applicable law, OmisArt disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. OmisArt will not be liable for any damages of any kind arising from the use of the Service.
32. Contact Us
If you have any questions or concerns about these Terms & Conditions, please contact us:
