Terms and Conditions of Use

1. GENERAL PROVISIONS AND DEFINITIONS

These Terms and conditions apply to the following websites: omoguru.com, OmoType.com, OmoGallery.com webshop, and Omoguru Reader mobile device application.

1.1. Definitions

Websites – Omoguru.com, OmoType.com

Webshop – OmoGallery.com

Mobile device application – Omoguru Reader

User – legal or natural person accessing the websites, the webshop or mobile device application

Service provider – OmoLab komunikacije d.o.o., registered at Avenija Dubrovnik 15/12, 10000 Zagreb, Croatia.

1.2. By accessing the Websites, the Webshop and the Mobile device application, any user undertakes to abide by these Terms of use, and agrees to the provisions of these Terms.

2. USER RESPONSIBILITIES & RESTRICTIONS

2.1  User shall not:

use the Websites, the Web shop and the Mobile device application in any manner that violates rules and regulation of the Republic of Croatia; use the Websites and the Web shop to upload, or distribute any content that is considered forbidden according to regulations, including but not limiting to harmful, threatening, disturbing, vulgar, pornographic content, content that promotes hatred and racial intolerance, content that violates human rights and interests etc.; change, remove, or destroy any data contained on the Websites, the Web shop, and the Mobile device application; use the Websites, the Web shop and the Mobile device application to infringe on the rights of third parties; use the Websites, the Web shop and the Mobile device application to send emails that violate these Terms of use; use the Websites, the Web shop and the Mobile device application to upload or distribute any kind of illegal software, including, but not limiting to malware, spyware, Trojans etc.; publish, transfer or share information that are known, or should be known as false, and the publishing of which may adversely affect other users or websites.

2.2. Files, data and information published on the Websites, the Webshop and the Mobile device application may not be reproduced, distributed, or in any way used for commercial purposes without the explicit consent of the Service provider, or in any manner that causes damage to any third party. Files, data and information contained on the Website can be used for User’s private purposes only, and with consideration of all copyright and ownership rights, as well as third-party rights.

2.3. By using the content provided on the Websites, the Webshop, and the Mobile device application, the User agrees to accept all possible risks arising from this practice and agrees to use the available content for private purposes only, and at his/her own risk. 

2.4. The service provider does not take any responsibility and has no liability pertinent in any way to use of the Websites, the Webshop, and the Mobile device application, or any course of action a User may choose to undertake during use or abuse of the content provided on the Websites, the Webshop and the Mobile device application, or any damage caused through use of the content of the Websites, the Webshop and the Mobile device application at the expense of either the User, or any third party. 

2.5. The Websites, the Webshop, and the Mobile device application may contain files, data, information or links to other websites created by third parties, which shall be, to the extent necessary and possible, marked as such. The Service provider has no control over the aforementioned files, data, information, or other websites, and hence takes no responsibility for, including but not limited to, accuracy, completeness, and availability of the content of the websites created by the third parties, or for any content provided by these third-party websites, as well as for any products or services obtained through such websites.

2.6. The service provider retains the right to change the content of the Websites, the Webshop and the Mobile device application, terminate the Websites, the Webshop and the Mobile device application, or restrict access to them, and does not hold responsibility for any consequences incurred by such change, termination or restriction.

2.7. The Service provider shall not be held responsible for any consequences resulting from the unavailability of the Websites, the Webshop and the Mobile device application due to technical reasons.

2.8. The Service provider retains the right to change the prices of products and services.

2.9. The Service provider retains the right to restrict access to the Websites, the Webshop and the Mobile device application to those IP addresses (Users) which are found to be in breach of these General Terms, and limit their access to the Websites and the Webshop, and shall not be liable for undertaking such steps.

2.10. The Service provider shall not to any extent be liable for the expenses the Users incur by using the computer equipment and telecommunication systems to access the Websites, the Webshop, and the Mobile device application.

3. INTELLECTUAL PROPERTY RIGHTS

3.1  The User agrees that the entire content of the Websites, the Webshop, and the Mobile device application is in the exclusive ownership of the Service provider, or authorized parties.

3.2  By using the Websites, the User is given limited, non-exclusive, non-transferable, and revocable permission to use the content of the Websites for private purposes.

3.3  The Service provider shall explicitly retain any other rights in regard to the content of the Websites, the Webshop, and the Mobile device application, and shall not transfer them to the User. The Service provider does not allow the use of the content provided therein in any manner other than that stipulated in these Terms of use and in accordance with the instructions provided on the Websites, the Webshop and the Mobile device application. 

3.4  The User holds no right to download, copy, change, edit, distribute, display, delete, send, sell, re-sell, customize, or change the content, produce derivatives, include it in other websites or media, or use it in any manner other than for private purposes.

3.5  In regard to any content downloaded from the Websites, the Webshop, and the Mobile device application, the User undertakes to use such content exclusively for private purposes, and that in respect to this content the provisions stated herein shall be abided by to the fullest.

4. PERSONAL DATA PROTECTION

4.1  OmoLab values your privacy. When a particular process demands a requested service to be fulfilled, we shall use only the information you provide voluntarily. We shall not share your information with any third party for any purpose not stated in these Terms of use and Privacy policy.

4.2  Depending on your activities in the course of the Websites, the Webshop and the Mobile device application, you may be required to agree to additional terms.

4.3  OmoLab may collect statistical data on the behavior of the user of its Websites, the Webshop, and the Mobile device application, and make them publicly available. OmoLab does not publish any information that allows for identification of an individual.         

4.5  OmoLab shall enable its users access to their personal information so as to ensure this information is accurate, complete and updated.

4.6  In case Users have any questions in connection with the use of personal data, they can contact OmoLab directly (info@omlab.com).

4.7  In case users request their personal data be deleted, OmoLab shall remove such data.

4.8  Upon providing personal information, the User guarantees this information is complete, authentic, and updated.

5. USING OMOGALLERY.COM WEBSHOP

5.1 OmoGallery.com webshop can be accessed without registration.

5.2  Credit card information, or any information of such kind, is not stored by the Service provider, and this type of data is not processed on our websites, but instead via encrypted websites of our third party partners, and hence we are not able to fully access such data. The User may allow his payment information to be permanently remembered for the site, however, this information is not in fact stored or visible to the Service provider.

5.3  Making a reservation, or purchasing a product in the OmoGallery.com web shop, requires entering personal information of the reservation holder (name, address, phone number, etc.). This information is used only for the purpose of service provision. The information on payment, credit card number, etc. are encrypted, and as such available only to banks and credit card companies in order for payment to be authorized.

5.4  To carry out the purchase, as well as the delivery of the product, your information may be shared with distribution services providers we cooperate with. The provider of distribution services may request the User to present a personal identification document, and/or make a record of particular information the document contains in order to carry out the delivery. If the User refuses to provide such information necessary for the delivery, the product cannot be delivered. Personal data is stored and processed only as long as it is necessary for the purpose set out it in these Terms of use and Privacy policy to be fulfilled.

5.5  The User agrees to make online purchases by accessing OmoGallery.com webshop, and selecting the products on the basis of the picture, the name, and basic product description. Resulting from the fact that monitor settings can be customized to suit individual preferences, that slight differences in the displayed color of the product, as perceived by the human eye, are possible etc., OmoLab does not guarantee the product color is in reality completely identical to that which a registered user-perceived on his/her computer screen.

5.6  By clicking on the Buy button to shop for a product/service, the selected product/service is placed in the cart. To continue shopping, the User is to click on “the cart” for all the selected products/services to be listed.

5.7  If it should happen that a particular product was ordered, but it turns out the product is in fact not available at the moment, the Service provider shall contact the User by email to notify him/her of the situation.

5.8  OmoLab retains the right to change the selection of products/services currently on offer at any time.

6. THE PRICING OF PRODUCTS AND SERVICES AVAILABLE AT OMOGALLERY.COM WEBSHOP

6.1 All prices for products and services are set in Croatian Kuna (“HRK”). The Service provider may decide to offer certain discounts on the sales made through the Webshop.

6.2  The prices of products and services are subject to change until the moment the purchase is confirmed.

7. ACCEPTABLE PAYMENT METHODS AT OMOGALLERY.COM WEBSHOP

The Service provider undertakes to protect customers’ personal data by gathering only basic data on customers/users necessary to aid the provision of our products/services, and by informing the customers of the manner in which their data is used. All personal information collected is safely stored, and available only to employees whose jobs require access to such information.

7.1  Users can pay for the products and services they wish to purchase in the following ways:

  • Using credit cards and debit cards,
  • By credit transfer,
  • By PayPal.

7.2. When the payment is being made using a credit card, authorization is automatic.

7.3. The Service provider bears all the User’s credit/debit card handling fees. Within the territory of the Republic of Croatia delivery is free of charge.

7.4. In case of failed authorization, the purchasing procedure is terminated. The user/customer receives by email, or the Webshop, a confirmation message on whether authorization was successful or not. The User is responsible for the accuracy of the data provided in the course of using the Webshop.

7.5. When the payment is made using a credit card, your data is not stored in any way, but rather directly transferred to the card processor.

7.6. The use of Webshop services is subject to provisions of the existing Electronic Commerce Act.

8. TERMS OF USE FOR OMOREADER MOBILE DEVICE APPLICATION

8.1   The Service provider is not liable for any damage that may result in case internet connection is interrupted in the course of using the service.

9. CHANGING GENERAL TERMS AND CONDITIONS AND OTHER PROVISIONS

9.1   The Service provider retains the right to change these Terms of use without prior notice. It is considered User’s responsibility to check current Terms of use. Current Terms of use are available at the Websites, the Webshop, and Mobile device application.

9.2  Current Terms of use are considered to be those enforced at the moment the payment is being made for the ordered products or services.

9.3  Any disputes in regard to these Terms of use are to be referred to the competent court in Zagreb (Croatia).