Terms of service
OVERVIEW
Welcome to Omaya dream! The terms "we," "our," and "us" refer to Omaya dream. Omaya dream operates this store and this website, including all associated information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience(the "Services"). Omaya dream uses the Shopify platform, which enables us to offer you the Services.
The following terms of service, along with the policies referenced herein(the "Terms of Service" or "ToS"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranties exclusions and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://omayadream.com/policies/privacy-policy. If you do not agree with these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your State or province of residence, and you give us your consent to allow your minor children to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for the security of your account credentials and for any activity related to your account. You are not authorized to transfer, sell, assign, or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. Please note, however, that colors or the appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not warrant that the appearance or quality of the products or services you have purchased will meet your expectations or will be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to remove any product from sale at any time and may limit the quantities of products we offer to a person, a geographic region, or a jurisdiction, on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you make an offer to purchase. Omaya dream reserves the right to accept or decline your order, for any reason whatsoever, at its discretion. Your order is not considered accepted until written confirmation from Omaya dream. We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as Omaya dream may not be able to accept cancellation requests once the order is confirmed. In the event of a refusal, modification, or cancellation of your order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time of ordering.
Your purchases are subject to the return or exchange conditions in accordance with our Refund Policy https://omayadream.com/policies/refund-policy
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.
ARTICLE 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the one in effect at the time of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, preparation fees, customs duties, or import fees.
Prices shown in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may impact prices and that are governed by terms and conditions, distinct from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers, and their expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that:(i) your credit card information is accurate, correct, and complete;(ii) you are authorized to use this card for the purchase;(iii) the charges incurred will be honored by your card issuer,and (iv) you will pay the charges incurred at the displayed prices, including shipping and processing fees, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All indicated delivery times are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities, or any event beyond our control. As soon as the products are handed over to the carrier, ownership and the risk of loss transfer to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, trade names, texts, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Omaya dream, its affiliates, or its licensors. They are protected by US and foreign patent, copyright, and intellectual property laws.
These Terms grant you permission to use the Services solely for personal, non-commercial purposes. You are not authorized to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material found on the Services without our prior written consent. Unless expressly provided otherwise in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright, or other intellectual property of Omaya dream, Shopify, or any third party. Any unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Omaya dream.
The names, logos, product and service names, designs, and slogans of Omaya dream are registered trademarks of Omaya dream, its affiliates, or its licensors. You may not use them without the prior written permission of Omaya dream. The name, logo, product and service names, designs, and slogans of Shopify are registered trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are registered trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be required to use customer tools provided by third parties as part of the Services, tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to these tools "as is" and "as available," without warranties, representations, or conditions of any kind, and without any endorsement on our part. We disclaim all liability arising from or related to your use of optional third-party tools.
Any use of the optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and accept the terms applicable to these tools, as defined by the relevant third-party provider(s).
We may also, in the future, offer new features via the Services(including the release of new tools and resources). These new features will be deemed an integral part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties(including integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We disclaim all liability for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources, or content on those sites. We encourage you to carefully review the policies and practices of third parties and to make sure you understand them before entering into any transaction. Claims, complaints, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Omaya dream is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is conducted directly with Omaya dream. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Omaya dream, including any damages, injuries, or losses resulting from the products or services purchased. By these presents, you expressly release Shopify and its affiliates from any claims, damages, and liability arising from or related to your purchase and transaction with Omaya dream.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect via the Services is subject to our Privacy Policy, available here https://omayadream.com/policies/privacy-policy,and certain personal information may also be subject to the Privacy Policy of Shopify, available here. By using the Services, you acknowledge that you have read these privacy policies.
Given that the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide them to you and to improve them. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in countries different from the one where you reside, in order to provide you the services. Please consult our privacy policy https://omayadream.com/policies/privacy-policy for more details on how we, Shopify,and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or any other content(collectively,"Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute, and display this Feedback for any purpose, including commercial purposes. We may, for example, exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that:(i) you own or have all necessary rights to the Feedback;(ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback;(iii) your Feedback complies with these Terms. We are under no obligation(1) to maintain the confidentiality of your Feedback;(2) to pay compensation for your Feedback;(3) to respond to your Feedback.
We may, without being obligated to, monitor, edit, or remove any Feedback that we determine, at our sole discretion, is unlawful, offensive, threatening, defamatory, slanderous, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights, or other personal or property rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive, or obscene language, nor any computer virus or malicious software that could affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating another person, or misleading us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and shall not be held responsible for Feedback posted by you or by any third party.
ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, including with respect to product descriptions, prices, promotions, offers, shipping charges, transit times, or product availability. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to modify or update information or cancel orders in the event of inaccurate information, at any time and without notice(including after the submission of your order.
ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly:(a) for any unlawful or malicious purpose;(b) in violation of any regulation, rule, international, federal, provincial, state, or local law;(c) in a manner that infringes the intellectual property rights of Omaya dream, Shopify, or third parties;(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or prejudice any of our employees or any other person;(e) to transmit false or misleading information;(f) to send, knowingly receive, download, use, or reuse any content that does not comply with these Terms;(g) to transmit or cause to be sent any advertising or promotional material, including "junk mail,""chain letters,""spam,"or any other similar solicitation;(h) to impersonate a person or entity, or attempt to do so;(i) to engage in any conduct that could restrict or hinder the use or enjoyment of the Services by others, or that, in our judgment, could harm Omaya dream, Shopify, the users of the Services, or expose them to any liability.
Furthermore, you agree not to:(a) upload or transmit viruses or any other malicious code that could affect the functioning or operation of the Services;(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;(c) collect or track the personal information of others;(d) engage in spam, phishing, pharming, or pretexting practices via the Services;(e) use robots, spiders, scraping, data collection or extraction tools, automated devices, AI tools(including agentic AI), or any automated or manual means to access the Services;(f) interfere with, circumvent, or neutralize security or authorization features, robot exclusion headers, or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any of the provisions of these Terms.
ARTICLE 14 - AGENTS
14.1 This section("Agent Terms"applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services. An "Agent"means any software or service acting autonomously or semi-autonomously on behalf of a person or entity, or upon their instruction, and which may be executed on a device owned by or used by a person, without direct supervision.
14.2 No Agent may access, use, or interact with the Services, unless it permanently identifies itself and operates in strict compliance with the conditions set forth in Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, the ability and the manner in which an Agent accesses, uses, and interacts with the Services.
14.4 Agents must:(i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the name of the Agent by including the following statement in the user agent string:"Agent/[agent name]";(ii) not conceal or mask the fact that access, use, or interactions originate from an Agent, including by(a) imitating human behavior or interaction patterns, or(b) circumventing or completing CAPTCHAs or measures designed to distinguish computer use from human use;(iii) honestly answer any question or prompt designed to determine whether interactions originate from a human or a computer;(iv) not circumvent or avoid any measure designed to block, limit, modify, or control Agents' access, use, or interactions with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services(or any part thereof), at our sole discretion, at any time without notice. You will remain liable for the full amount of amounts due up to and including the date of termination.
The following articles will survive any termination:Intellectual Property, Feedback, Termination, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, as well as any other provision whose nature implies that it should survive termination.
ARTICLE 16 - WARRANTY DISCLAIMERS
The information presented on or via the Services is provided for informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and warranty regarding the consequences arising from the use of this information by you, any other visitor to the Services, or any person informed of its content.
EXCEPT AS EXPRESSLY STATED BY OMAYA DREAM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEIR INTERMEDIARY ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMAYA DREAM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR OF ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER RELATED CLAIM, IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT(OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Omaya dream, Shopify, as well as our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers, from and against any losses, damages, liabilities, or claims, including reasonable attorneys' fees, incurred by a third party and resulting from(1) your breach of these Terms of Service or the documents they incorporate by reference,(2) your violation of any law or the rights of a third party, or(3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that a failure to promptly notify does not relieve you of your obligations, unless you suffer substantial prejudice as a result. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent(which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including by providing relevant documents.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be illegal, void, or unenforceable, such provision shall remain enforceable to the maximum extent permitted by applicable law,and the unenforceable part shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or rules of use posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us,and govern your use of the Service. They supersede any prior or contemporaneous agreement, communication, or proposal, whether oral or written, between you and us(including, without limitation, any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any unauthorized attempt to assign shall be deemed null and void. We may transfer, assign, or delegate these Terms, as well as our rights and obligations, without your consent or prior notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Service, as well as any separate agreement whereby we provide you the Services, shall be governed by and construed in accordance with the federal laws and the laws of the States or territories of the competent courts in the jurisdiction where Omaya dream has its registered office. You and Omaya dream expressly consent to the territorial and personal jurisdiction of such courts.
ARTICLE 23 - TITLES
The titles used in this agreement are inserted for convenience only and shall not affect or limit the interpretation of these Terms.
ARTICLE 24 - MODIFICATIONS TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law,and these changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
ARTICLE 25 - CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at the following address:
omayadreamshop@gmail.com