Please read these terms and conditions carefully before using Our Service.
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.
Interpretation
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.
- App refers to our application named Omega – Order Tracking.
- Country refers to Vietnam.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Omegatheme – Xipat Flexible Solution Ltd., Hanoi, Vietnam, 100000.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- 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. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- 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 Omegatheme, accessible from omegatheme.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.
ACKNOWLEDGMENT
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.
You represent that You are over the age of 18. The Company does not permit those under 18 to use 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. (You could find the Privacy Policy here)
TERMINATION
We may terminate Your account in whole or part, or remove or discard any content You may have uploaded at any time, for any reason, with or without notice.
We reserve the right to terminate Your access to the Service at any time or deactivate and/or delete Your account and all information in Your account at any time, with or without notice. Further, You agree that we shall not be liable to You or any third party for any termination of Your access to the Service or any loss or deletion of Your uploaded content.
LIMITATION OF LIABILITY
Omega – Order Tracking is a third-party tracking solution provider, You possess the ownership of logistics tracking information and the couriers possess the ownership of the delivery progress. When You ask Our App to provide services, Our App will be authorized to get the logistics information of tracking numbers that users possess.
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 $100.00 USD, if any, in the past six months for the Services giving rise to the claim.
To the maximum extent permitted by applicable law, in no event shall the Company or its partners be liable for any special, incidental, indirect, consequential, or punitive damages whatsoever (including, but not limited to, damages for loss of profits or revenue, loss of data, use, good-will, or other intangible loss, 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, any content obtained from the Services, unauthorised access, use, alteration of Your transmission or content, or otherwise in connection with any provision of this Terms), even if the Company or any partners has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Omegatheme – Order Tracking and Our Company entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed 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.
“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, secured, error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; (iv) personal injury or property damage resulting from Your access to or use of the service; any interruption of transmission to or from the service; (v) any computer viruses or malicious code that may be transmitted on or through the service; or (vi) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, e-mailed, transmitted, or otherwise made available on or through the service; or (vii) 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.
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.
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.
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.
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.
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.
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.
ELECTRONIC COMMUNICATIONS
When You use any Service, or send e-mails, and other communications from Your desktop or mobile device to us, You are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, and You can retain copies of these communications for Your records. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All contents included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are the property of Our Company its affiliates or its content suppliers are protected by Vietnam and international copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of Our Company and protected by Vietnam and international copyright laws.
TRADEMARKS
Products, services and logos of Our Company are all protected by applicable laws, those trademarks, distinguished names, logos cannot be used on any other Third party’s products, neither on similar products in a confusing way, nor in a malicious way.
USE OF SERVICE AND CODE OF CONDUCT
You agree NOT to use the Service (and it shall be a violation of these Terms of Service) to: (i) Upload or share any content in violation of any third party’s rights to that content; (ii) Upload any content that is harmful, hateful, harassing, threatening, or abusive; that would violate another’s rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (iii) Upload any content that exceeds the scope of Your rights to use such content or which You do not have a right to upload from the content owner; (iv) Post, upload or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (v) Interfere with any other user’s right to privacy; (vi) Impersonate any person or entity; (vii) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (viii) Violate any applicable local, state, national, or international laws; (ix) Harass or “stalk” another individual; or (x) Collect or store personal data about other users, (xi) Authorize, aid, or encourage anyone to do anything in violation of this Terms of Service.
In using the Service, You may access content that is uploaded by other users, such as information in our directories, message boards, search results, and other parts of the Service. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. Uploaded content is the sole responsibility of the person who uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content and disclaims all liability for such content for any loss or damage incurred as a result of the use of such content. By using the Service, You agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.
You promise not to perform any malicious activities which have no connection with package-tracking API services to the computer of Our Company by opening API. You are responsible for compliance with the provisions of these Terms by Agents and End-Users and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations.
We do not pre-screen, edit or review all content made publicly available to areas of the Service. We have the right (but not the obligation) in our sole discretion, to remove, move, change from public to private, or otherwise restrict any uploaded content at any time, with or without notice.
Our Company reserves the right, in Company’s discretion, to temporarily suspend Your access to and use of the Service: (i) during planned downtime for upgrades and maintenance; (ii) during any unavailability of the Service caused by Force Majeure events or circumstances; (iii) during malicious software or virus attacks (iv) or other time Our Company deems reasonable.
INVOICE AND PAYMENTS
All payments made for Omega Order Tracking are processed and governed in accordance with Shopify’s policy about Billing. To find out more, please click [here]
Please note that we would not provide any other kind of invoices or customized invoices. Once you have recharged, your money shall not be withdrawn unless with prior notice. If your account has no money or you have exceeded the number of orders we offered in a free plan yet have not upgraded your plan, the account you hold shall be held or downgraded to free account immediately and thus all the premium services shall be disabled.
Unless otherwise provided by Our Company in writing, charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes accessible by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). However, if You live in a region where Shopify is required to charge taxes on any of your account charges, these charges appear in your Shopify invoice. This might include your app charges. Otherwise, You are responsible for paying Taxes except those assessable against Our Company based on its income.