Ohpolluy Terms of Use
These Terms of Use (hereinafter “Terms”) govern your access to and use of the Ohpolluy website (including all subdomains, features, content, and services available on or through the website, collectively referred to as the “Site”). Ohpolluy is a platform dedicated to providing womenswear products and related services. By accessing or using the Site, you (hereinafter “User” or “you”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (available on the Site). If you do not agree to these Terms, you may not access or use the Site.
1. Eligibility to Use the Site
- You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to use the Site for purchasing products or creating an account. If you are under the age of majority, you may only use the Site with the supervision and consent of a parent or legal guardian, who will be deemed responsible for your compliance with these Terms.
- By using the Site, you represent and warrant that you have the legal capacity to enter into a binding agreement (i.e., you are not a minor without guardian consent, and you are not prohibited by law from accessing the Site or using its services).
- Ohpolluy reserves the right to restrict access to the Site for users who do not meet these eligibility requirements, or who violate these Terms.
2. Account Creation & Management
- Account Registration: To access certain features of the Site (e.g., placing orders, saving shipping addresses, tracking order history), you may need to create a user account. When registering, you must provide accurate, current, and complete information (including your name, email address, and any other required details). You agree to update this information promptly if it changes (e.g., a new email address or shipping address).
- Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for all activities that occur under your account. You must notify Ohpolluy immediately at [email protected] if you suspect any unauthorized access to or use of your account (e.g., a stolen password). Ohpolluy will not be liable for any losses or damages resulting from your failure to protect your account credentials.
- Account Termination: You may delete your account at any time by contacting customer service. Ohpolluy also reserves the right to suspend or terminate your account (without prior notice) if you violate these Terms (e.g., fraudulent activity, repeated order cancellations, or misuse of the Site).
3. Permitted Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. Permitted uses include:
- Browsing the Site to view womenswear products, product details (e.g., sizes, fabrics, prices), and related content (e.g., styling tips, size guides).
- Creating an account to place orders, track shipments, and manage your purchase history.
- Contacting customer service for support (e.g., inquiries about products, orders, or returns).
- Submitting feedback or reviews about products (where applicable), provided the content is truthful, respectful, and does not violate Section 4 (Prohibited Uses).
4. Prohibited Uses of the Site
You agree not to use the Site for any of the following prohibited activities:
- Illegal or Harmful Conduct: Using the Site to engage in any illegal activity (e.g., fraud, money laundering, or violating consumer protection laws) or to harm, harass, or defame other users, Ohpolluy, or third parties.
- Misuse of Content: Copying, reproducing, distributing, modifying, selling, licensing, or otherwise exploiting any content on the Site (including product images, descriptions, logos, and trademarks) without prior written permission from Ohpolluy. All content on the Site is protected by intellectual property laws (e.g., copyright, trademark), and Ohpolluy retains all rights to this content.
- Disruption of Site Functionality: Using automated tools (e.g., bots, scrapers, or crawlers) to access, collect, or extract data from the Site (unless explicitly permitted by Ohpolluy in writing); overloading the Site’s servers (e.g., through excessive requests); or interfering with the Site’s normal operation (e.g., introducing malware or viruses).
- Fraudulent Activity: Placing orders with false or stolen payment information; creating multiple accounts to manipulate promotions (e.g., duplicate discount codes); or falsely claiming product defects to obtain unauthorized refunds or replacements.
- Violation of Others’ Rights: Uploading or sharing content that infringes on third-party rights (e.g., copyright, trademark, privacy, or publicity rights), or that contains obscene, offensive, or discriminatory material (e.g., hate speech, harassment, or explicit content).
5. Intellectual Property Rights
- Ohpolluy’s Intellectual Property: All content on the Site—including but not limited to the Ohpolluy logo, product images, product descriptions, size guides, styling content, and software—are the exclusive property of Ohpolluy or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws worldwide. You may not use, reproduce, or distribute these materials without Ohpolluy’s prior written consent.
- User-Generated Content (UGC): If you submit UGC (e.g., product reviews, social media mentions tagged to Ohpolluy), you grant Ohpolluy a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute this content for purposes related to the Site (e.g., promoting products, sharing reviews). You represent and warrant that you own all rights to the UGC you submit, and that it does not infringe on any third-party rights.
6. Site Content & Availability
- Content Accuracy: Ohpolluy makes reasonable efforts to ensure that Site content (e.g., product prices, availability, descriptions, and images) is accurate and up-to-date. However, we do not guarantee the absolute accuracy of this content—for example, product colors may vary slightly due to monitor settings, and inventory levels may change unexpectedly (leading to out-of-stock items after an order is placed). Ohpolluy reserves the right to correct errors or omissions in content (e.g., updating a product price) at any time, without prior notice.
- Site Availability: Ohpolluy strives to keep the Site accessible 24/7, but we do not guarantee uninterrupted or error-free access. The Site may be temporarily unavailable for maintenance, updates, or due to technical issues (e.g., server downtime). Ohpolluy will not be liable for any losses or damages resulting from temporary Site unavailability.
7. Third-Party Links & Services
The Site may contain links to third-party websites or services (e.g., payment processors, social media platforms, or shipping carriers). These links are provided for your convenience only, and Ohpolluy does not control or endorse the content, privacy policies, or practices of these third parties. You access third-party links at your own risk, and Ohpolluy will not be liable for any losses or damages arising from your use of third-party websites or services. We recommend reviewing the terms of use and privacy policies of any third parties before using their services.
8. Limitation of Liability
- Disclaimer of Warranties: The Site and its services are provided “as is” and “as available,” without any express or implied warranties (including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement). Ohpolluy does not warrant that the Site will be error-free, secure, or uninterrupted, or that product descriptions will match the physical product exactly.
- Limitation of Liability: To the maximum extent permitted by law, Ohpolluy shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site (e.g., losses from delayed orders, incorrect product descriptions, or account breaches). This limitation applies even if Ohpolluy has been advised of the possibility of such damages. The total liability of Ohpolluy for any claim arising from these Terms shall not exceed the amount you paid for the specific product or service related to the claim (if applicable).
- Exceptions: This limitation of liability does not apply to damages caused by Ohpolluy’s gross negligence or willful misconduct, or to damages arising from personal injury, property damage, or violations of applicable law.
9. Changes to These Terms
Ohpolluy reserves the right to update or modify these Terms at any time. When we make changes, we will post the revised Terms on the Site with a “Last Updated” date at the top. The revised Terms will take effect immediately upon posting. By continuing to use the Site after the effective date of the changes, you agree to be bound by the updated Terms. We recommend reviewing these Terms periodically to stay informed of any changes.
10. Governing Law & Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of, United States, without regard to its conflict of laws principles.
- Dispute Resolution: Before initiating any legal action, you agree to attempt to resolve any disputes with Ohpolluy through good-faith negotiation. If a dispute cannot be resolved informally, you may submit the dispute to binding arbitration (rather than a court) inaccordance with the rules of the American Arbitration Association (AAA). Class actions and jury trials are waived.
- Exception for Urgent Relief: Nothing in this section shall prevent you or Ohpolluy from seeking urgent injunctive relief from a court (e.g., to stop unauthorized access to an account or protect intellectual property) while arbitration proceedings are ongoing.
11. Contact Us
If you have any questions, concerns, or disputes regarding these Terms or your use of the Site, please contact our customer service team at [email protected]. We will respond to your inquiry within 2 business days and work to resolve the issue promptly.
By using the Ohpolluy Site, you confirm that you have read, understood, and agreed to all provisions of these Terms of Use.