Terms Of Use
Revised: Feb. 6 2022
Acceptance of the Terms
These Terms of Use ("Terms") which you are reading are a legally binding agreement by and between Ole Marketplace Ltd. ("Ole", "we" or "us") and you, a User (the “User”, “you”) of Ole platform and services (the "Platform" and the "Services"). You acknowledge that you have read and understood these Terms and that you accept and agree to be subject to them.
By clicking "Continue" you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any of the following, we may not agree to grant you access to our Services. If you do not agree to accept all the Terms, please do not click the "Continue" button and you must leave the Services.
Ole reserves the right, in its sole discretion, to notify you that it amends or modifies these Terms at any time. Your continued use of the Services after any notified modification or amendment to these Terms constitutes your informed consent to and acceptance of the revised Terms. If we determine that the changes are material, we may send Users a notification of these changes to the Platform. All new and/or amended terms will take effect immediately upon publication and will apply to your use of the Services from that date onwards, except for material changes that may take effect 7 days after the change has been made and is identified as material. If you do not agree to the Terms, your only remedy is to discontinue the use of the Services and terminate any account that you created to use of the Services.
You represent that by accepting these Terms and/or by using the Services you are of the legal age to enter into a binding contract with Ole.
Description of the Services
Ole facilitates fast and easy online shopping experience and provide a digital user-friendly marketplace includes popular fashion Brands from which a User can purchase products (“Brand”). The Service covers the entire purchase process from the moment of collecting an item, through payment and until the delivery is made to the consumer.
Please note and take into consideration that any and all information displayed through the Platform is displayed AS – IS by Ole as received by it from the Brand and is under the complete and sole responsibility of the Brand.
After selecting the Brand’s products that User wishes to purchase from the Brand, User shall place an order subject to these Terms (the “Order”). After having received the Order, Ole will transmit the details of the Order to the Brand. When the Order is accepted by the Brand and Ole has provided User with an order confirmation on behalf of the Brand, User and the Brand enter into an agreement for the purchase of the Brand's products. Ole will provide User with a receipt on behalf of the Partner, unless regulation in the country where User is located requires that the Brand provides the receipt directly to User for the products.
Ole shall only be responsible for the transfer of the fees made by User to the respective Brand and shall not, under any circumstances, be liable or responsible towards User for the proper execution of the order by the Brand. User hereby acknowledge and confirm that the Brand is solely liable for any defects in the contents and preparation of the order and for the quality of the products.
Access to Services
It is your responsibility to ensure that your mobile device or computer meets all the necessary technical specifications to allow you access and use of the Services. We do not provide you with equipment to enter and / or use the Services. You are responsible for all charges collected by third parties relating to your access to and use of the Services.
Ole cannot guarantee that the Services will always operate without interruption, delay or error. There are several factors that may affect the quality of your communications and use of the Services and lead to your inability to communicate, including without limitation your local area network, your firewall, your ISP, your public Internet, and your power supply. Ole assumes no responsibility for any disruption or delay caused by any problem or discrepancy in any of these factors or other factors over which we have no control, including, without limitation, problems or delays arising from labor disputes, strikes, interruption of activity, shortage or failure ability to obtain electricity, raw materials or equipment, or force majeure.
Registration to the Platform
You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Service in the form offered to you by Ole, solely for the purposes set out herein.
In order to use our Service you must download the Ole Marketplace app from the app store, create a User-account and follow the registration instructions. When you register to our Service, you will be asked to provide some personal information required to identify you and process your orders as further explained in our privacy policy. You must provide only correct, accurate and complete details. Ole will not be bear any liability in cases of confusions of flaws in the order (including the delivery of products to you) that occurred as a result of misleading or inaccurate information you provided during the registration process.
Payments, Cancelation and Refunds
Payments. User will pay the purchase price set out in the Order. Ole collects all payments from Users on behalf of the Brand. User may fulfil this payment obligation only by using the relevant online payment method provided in the Platform. Once User has paid the purchase price to Ole, it has fulfilled its payment obligation towards the Brand.
In Ole we strive to provide you with the best shopping experience. That’s why we do not process the payment until the delivery is completed. Upon the arrival of the delivery, you can try-on the items you ordered and decide which items you want to keep and which items you want to return immediately with our delivery service. After the completion of the delivery process, we will bill you only for the items you decided to keep.
Cancellation Policy. Having second thoughts? No worries. You can still cancel your purchase after the completion of the delivery according to the following:
USERS MAY BE ENTITLED TO THE RIGHT OF CANCELLATION IN ACCORDANCE WITH THE APPLICABLE LAWS OF THEIR RESIDENCY.
You may cancel your purchase within 14 days from the day of delivery of the Order without a cause. In order to exercise your right of cancellation, you must inform Ole of your decision to cancel by means of a clear statement (e.g., an email) within the said time period of 14 days. The Brand as the trader of the products on your Order has authorized Ole to receive the cancellation notification on the Brand’s behalf. In case the Brand has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Service if explicitly mentioned in the descriptive details for the Brand on the Platform.
Refunds. If you cancel your purchase, we will refund you all payments we have received from you, no later than 14 days from the date on which you have returned the products of the order that you have cancelled or a part thereof.
For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the Order with Ole credits, we shall refund you in Ole credits.
You must return or send the products to Ole prior to receiving the refund, and in any case no later than 14 days after the day on which you notified us of the cancellation of your order. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.
The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.
Account Termination
Ole may refuse to grant access to the Services or suspend or terminate your account without notice, for any reason, including without limitation any suspicion that these Terms have been infringed, unlawful or improper use of your account, or unlawful or inappropriate use of the Services, as defined below), in products or intellectual property of Ole, as determined by Ole in its sole discretion. You acknowledge that Ole is not required to provide you with notice prior to suspension or termination of your account.
You must not allow a person whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account by mistake, please contact us at: support@oleshop.com
Rules of Conduct and Use
You warrant and acknowledge that you have full right and authority to use the Services and be bound by these Terms. You agree to comply with these Terms and with all applicable laws, regulations, statutes, and local ordinances governing your use of such Services. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding internet conduct. You also agree to comply with all applicable laws that affect the transfer of content or the privacy of individuals.
You warrant that you will not compromise or attempt to deceive Ole or other Users and that you will not act in bad faith in your use of the Services. In addition to the foregoing, as an example and not as a limitation, you agree not to:
Create an account or access the Services if you are blocked from receiving the Services pursuant to these Terms or any applicable law;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or reverse engineer (unless expressly authorized by or under applicable statutory law), modify or modify any part of the Platform and/or Services;
Upload or transmit (or attempt to upload or transmit) files containing viruses, trojans, worms, time bombs, cancelbots, corrupted files or data, or any other similar program that may interfere with the operation of the Services Or computers or mobile devices of other Users of the Services;
Violate any contractual, personal, intellectual or other rights of any party, including by using, uploading, transmitting, distributing or otherwise publishing any information or material made available through the Services in any manner that infringes copyright, trademarks, patents, secrets Commercial or any other right of any party (including rights of privacy or publicity);
Create a false identity, multiple identities, multiple User accounts, create an account on behalf of someone other than yourself, use bots or other automated programming programs to defraud or otherwise violate these Terms and/or third party application terms;
Try to obtain passwords or other personal information from other Users, including personally identifiable information (whether text, image, or video), identification documents, or financial information;
Prepare and/or make representations regarding and/or in connection with Ole that Ole has not approved in advance and in writing. You must obtain prior written permission from Ole for the content of any marketing ad and for any use of the trade name and/or trademarks and/or samples of Ole in connection with the Services;
Rent, lease, sell, trade, give, give or otherwise transfer your account to anyone without the prior written consent of Ole;
Engage in any fraudulent act with respect to payment methods or tracking mechanisms of advertisers; and
Violate any applicable law or regulation or encourage or promote any illegal activity including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, hacking or distributing counterfeit software or fraudulent or hacking services.
Safety warnings
Use the Services responsibly. To make sure that you and those around you are safe, be alert and aware of your environment.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT OLE WILL NOT BE LIABLE FOR ANY DAMAGE ARISING OUT OF YOU DIRECTLY OR INDIRECTLY FROM THE INCOME AND/OR USE OF THE SERVICES. If you believe that you may be hurt or damaged as a result of the entry or use of the Services, whether directly or indirectly, do not use the Services.
Ownership of Intellectual Property
All copyrights and intellectual property in connection with the Platform and Services, of any kind, including the information, content, data, trademarks, presentation and design of the Platform and/or Services and any matter or detail relating to the Platform and/or Services are the sole property of Ole or of third parties who have given permission to Ole to use then. You may not copy, distribute, reproduce, sell, translate or otherwise perform any kind of action in any kind of text, image, trademark or any other information appearing on the Platform.
These Terms do not grant You or any other party intellectual property rights or other rights to the Platform, Services and/or the information or the content contained therein.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND OLE DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OLE DOES NOT WARRANT THAT THE PLATFORM WILL BE FREE FROM DEFECTS, IDENTIFY SECURITY VULNERABILITIES, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. OLE IS NOT RESPONSIBLE, AND HAS NO LIABILITY FOR ANY HARDWARE, PLATFORM, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN OLE . EXCEPT FOR ANY WARRANTIES EXPRESSLY STATED IN THESE TERMS, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PLATFORM OR AS TO THE SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY OF THE PLATFORM REMAINS WITH YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT OLE DOES NOT WARRANT OR GUARANTY THE SECURITY OF THE OLE PLATFORM OR OF COMMUNICATIONS MADE USING THE OLE PLATFORM, AND YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH SECURITY AND COMMUNICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OLE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY) FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, CORRUPTION OR LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY) ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS OR ANY RELATED AGREEMENT FOR SERVICES ENTERED INTO BY THE PARTIES OR ANY TRANSACTION BETWEEN YOU AND ANY END USER, EVEN IF OLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OLE’S SOLE LIABILITY FOR DAMAGES ARISING UNDER THESE TERMS OR ANY RELATED AGREEMENT FOR SERVICES ENTERED INTO BY THE PARTIES OR ANY TRANSACTION BETWEEN YOU AND ANY END USER SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY OLE FROM YOU SOLELY IN CONNECTION WITH THE RESPECTIVE USER.
Third Party Materials
You may access, review, display or use the services, resources, content, information or links of third parties to other sites or resources ("Third Party Materials") through the Services. Third Party Materials are not under the control of Ole and you acknowledge that you assume exclusive responsibility and assume all risks arising from the introduction, use or reliance on such Third Party Materials, Ole shall not bear any liability incurred by you as a result of the introduction, use or reliance on Third Party Materials through the Services. You acknowledge and agree that Ole: (i) is not responsible for the availability, accuracy, completeness, quality and/or legality of such Third Party Materials and/or the products available in such Third Party Materials; (ii) is not liable to you or to any third party for any damage, damage or loss resulting from your entry or use of Third Party Materials; And (iii) makes no warranty to remove access to Third Party Materials through the Services. Your ability to access or review Third Party Materials does not imply any sponsorship by Ole of Third Party Materials. These Terms do not authorize you and you may not use Third Party Materials for which you have not obtained appropriate approval. Ole is unable to grant permission to use the content of third parties.
Privacy
We respect your privacy. Please read our Privacy Policy to review the terms and conditions governing how we manage, collect, store, and use the information you provide us in connection with our Services.
General
Governing Law. These Terms shall be governed by the laws of the State of Israel, regardless of conflict of law rules and regardless of your location. Any litigation or dispute between you and Ole that will be wholly or partly derived from your use of the Services shall be heard and/or litigated exclusively by a competent court located in Tel Aviv, Israel, and you agree and waive any claim of lack of local authority and inappropriate forum.
Statute of Limitation. Notwithstanding any conflicting law or legislation, you agree that any claim or cause of action arising out of or relating to the Services will be filed within one (1) year after the cause of action has occurred, otherwise the cause of action will be permanently dismissed.
No Waiver. Any non-enforcement by Ole of any provision under these Terms shall not constitute a waiver of any further enforcement of any rights, covenant or of any other provision.
Severability. If, for any reason, a competent court determines that any provision under these Terms is invalid or unenforceable, this provision shall be enforced to the extent possible and the remaining provisions of these Terms shall remain in force.
Entire Agreement. These Terms constitute the sole and exclusive understanding between You and Us of their contents and supersede all prior, current or current price, agreement, correspondence or understandings, whether written or oral, relating to their contents.
Changes to Terms. We may revise these Terms. In such case, changes to these Terms will not apply retroactively and will become effective fourteen (14) days after we advise you of such changes, by email message to the address you provided us when you onboarded to the Platform. Your continued use of the Platform after the effective date of the amended Terms constitutes your consent to the amended Terms.
If you have any questions about these Terms or any other matter concerning Ole or the Services, please contact us at: support@oleshop.com
Last update: February 2022
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