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© Omona USA 2018. All rights reserved

Terms & Conditions

This agreement is between you the [“User” or “you”] and Y11 GLOBAL INC., (collectively, “OMONA”, “we”, “our” and “us”.)

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between OMONA and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

Therefore, the use of www.omonausas.com  is subject to the following terms and conditions. OMONA reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.

1. USAGE

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify OMONA for any losses, costs or damages, including reasonable legal fees, incurred by OMONA in relation to, or arising out of, such a breach.

2. ORDERS

OMONA is a USA founded multinational corporation established to focus on delivering high quality frozen meats and delicious healthy ingredients for delicious Galbi and Bulgogi.

3. APPLICABILITY

“These general terms and conditions (the “Conditions”) apply to:

  • The use of any information, pictures, documents and/or other services offered by OMONA via www.omonausa.com  (our “Website”); 
  • The purchase of different OMONA branded products displayed on the Website.

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. OMONA hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. OMONA shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

5. INFORMATION ON THE WEBSITE

Your meats are packaged in insulated Styrofoam cartons, fitted with dry ice and gel ice to ensure product quality as frozen for up to 48 hours. Items ordered together are not necessarily shipped together.

The information on the Website is for general information purposes only and does not constitute advice. Even though OMONA has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. OMONA does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.

To the maximum extent permitted under applicable law, OMONA shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of OMONA.

OMONA shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses

6. INTELLECTUAL PROPERTY

All of our products are prepared in USDA approved facility and observe all their guidelines and instruction. It is absolutely safe to eat and cook our products as instructed on our packaging.

All brand names, logo, product names and titles used on the Website are trademarks or trade names of OMONA or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.

The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to OMONA and/or its suppliers and subcontractors.

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

7. DATA PRIVACY

OMONA collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with Omona’s Privacy policy displayed at the bottom of our webpage.

8.UNSOLICITED IDEAS

In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to OMONA by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.

To the maximum extent permitted under applicable law, you hereby indemnify and hold OMONA harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.

9. USER ACCOUNTS.

 In order to access and use certain areas of the Sites or features of the Services, you will need to register for an OMONA account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. 

By creating a OMONA account, you also consent to receive electronic communications from OMONA (e.g., via email or by posting notices to the Sites). These communications may include notices about
your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of
electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided
therein.

10.SUBSCRIPTIONS

(A) SUBSCRIPTION OPTIONS;

To use the services provided by OMONA, various subscription options would be displayed on the website and you are at the liberty to choose from these options. Besides choosing the Variety of Meat Options displayed on the website, you have the option to customize your own orders and we are committed to deliver to you at your door step just the way you want it.

Please familiarize yourself with the pricing available for each subscription packages depicted on www.omonausa.com. Please note that pricing is subjected to changes and OMONA shall have the sole discretion to change prices to meet with economic conditions when the situation demands.OMONA DOES NOT ACCEPT NEGATIVE OPTION BILLING FOR SUBSCRIPTION. (A negative option billing merchant refers to a type of retailer that provides a sample of a goof or service either complimentary or at a nominal price to consumers. The merchant requires the consumer to provide his or her payment card information to receive the sample, then the merchant bills the consumer at a future date, unless the consumer proactively cancels his or her subscription with the merchant.)

(B) AUTOMATIC RENEWAL OF SUBSCRIPTION. 

WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) OMONA (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED BELOW. THE INITIAL MONTHLY RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS. THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME IN ACCORDANCE WITH THE PROVISIONS STATED HEREUNDER.

(C) CANCELLATION POLICY

YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION 15 DAYS PRIOR TO THE ORDER INVOICE DATE BY EMAILING info@omonausa.com. IF CANCELLATION OCCURS AFTER THE INVOICE DATE THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED INVOICE. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MONTHLY SUBSCRIPTION. UPON CANCELLATION, OMONA SHALL PROVIDED YOU WITH A CANCELLATION NUMBER.

(D) GIFTS. 

You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS AND OUR CANCELLATION POLICY.

(E) PAYMENT AND BILLING INFORMATION.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your OMONA account, you can do so at any time by logging into your account and editing your payment information.

Please take note of the following;

  • subject to the provisions of 10 (B) We would charge your Card when you authorize us to do so
  • The Start date of the subscription shall be the period of time “You” (‘the Cardholder) has agreed to use our services subject to this terms and conditions.
  • The amount to be Charged shall be the amount fixed for our subscription packages displayed on www.omonausa.com and inclusive of shipping and delivery fee.
  • subject to the provisions of 10 (C) we shall provide you with link and detailed instructions for you to conveniently cancel the service.- The name and description that will appear on your billing statement shall include; details of the goods ordered and a confirmation that you have agreed to a subscription, unless you have cancelled.

(F) PRICING AND AVAILABILITY. 

All prices shown via the Services are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.

(G)SUBSTITUTIONS

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific ingredients or entire shipments) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at info@omonausa.com

(H) TAXES. 

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

(I) SHIPPING AND HANDLING.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract.

(J) DELIVERIES.

 You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the ingredients arrive in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 40° F or below. In the unlikely event that such temperature zone is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at info@omonausa.com (attaching photos of the item(s)) and discard the item(s). To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our ingredients are flash frozen at the peak of freshness and individually packaged and labeled. The ingredients are placed inside a reusable insulated shopping tote and tucked into a box that has a liner to keep the contents cold. All of our boxes are packaged with a specific amount of dry ice. The amount of dry ice is carefully calculated based on your geographic location/guaranteed courier delivery time. When retrieved on the guaranteed delivery date, the dry ice may be completely evaporated. Your order will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your ingredients prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your OMONA account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email info@omonausa.com immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your ingredients is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

(K) NO RESALE. 

You are not permitted to resell or otherwise use the Products for commercial purposes.

11. ORDERING

Orders can be placed 24 hours a day, seven days a week via our web site: Omonausa.com
Omonausa.com accepts the following credit cards: Mastercard, Visa, Discover, and American Express.
All prices are subject to change without notice. Catalog prices do not reflect the cost of delivery. We do not ship C.O.D. Sales taxes will automatically be added to any applicable purchase.
The customer receives notice from Omonausa.com at the time of purchase, and once again, at the time the package is picked up by FedEx or UPS for delivery the same day (ordered before 12:00 PM
CST) and the following day (ordered after 12:00 PM CST). When the package is picked up by FedEx or UPS, customers will receive notice of delivery, along with tracking information. There will be no other contact with the customer unless initiated by the customer.

12. PACKAGING

Your meats are packaged in insulated Styrofoam cartons, fitted with dry ice and gel ice to ensure product quality as frozen for up to 48 hours. Items ordered together are not necessarily shipped together.

13. QUALITY

All of our products are prepared in USDA approved facility and observe all their guidelines and instruction. It is absolutely safe to eat and cook our products as instructed on our packaging.

14. RETURNS AND REFUNDS.

(a) Standard Return/Refund Policy.

  1. We are shipping perishable Product and therefore are not able to accept returns. Unlike items that have a longer shelf life, items that are perishable cannot be restocked or resold.
  2. If you are not completely satisfied with your OMONA for good reason, please contact info@omonausa.com  within three (3) days of receipt. We will happily review you your order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next box, or a partial/full refund. Since we are not able to physically access the product, we may ask that you provide photos of the Product label and damage reported.
  3. We guarantee delivery to the address provided when the order is placed/shipped and when retrieved on the guaranteed delivery date.
  4. Due to the perishable nature of our Product, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the invoice date, if an address is altered while in transit, or if you are unable to retrieve the order on the guaranteed delivery date and did not notify us prior to the order being invoiced.
  5. When placing your order, please enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly when the order is placed, please email info@omonausa.com  immediately for correction. Should your shipping address change, please update your address prior to the invoice date either via your account or by writing to info@omonausa.com.
     
  6. If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we must dispose of the contents and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded. If you would like an order that was improperly addressed or not retrieved on the guaranteed delivery date reshipped, you will be charged 50% of the cost for the replacement shipment.

(b)Return/Refund Policy for Cancelled Orders. 

You are liable for any orders placed or charges that incur prior to the cancellation request. If the request for cancellation is made after your order has invoiced, the request will be processed for the next scheduled invoice.

(c)Return/Refund Policy for Courier Damaged Products.

  1. We strive to provide a great selection of quality Product delivered to your door every month and guarantee that your order will arrive in great condition when delivered to the address on file and retrieved on the guaranteed delivery date.
  2. While we would love every delivery to arrive on time and without issue, delays or damage can occur once the package is in transit via the courier that are out of our control due to weather, accidents, etc. In the event of damage caused by improper handling or late delivery, we are happy to file a claim and replace the shipment. We ask that you please email info@omonausa.com  within three (3) days of receipt, provide a description of the damage, and a photo(s) of the order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage.

(d)Return/Refund Policy for Damaged Products (not courier related).

  • We strive to provide a great selection of quality Product delivered to your door every month and guarantee that your order will arrive in great condition when delivered to the address on file and retrieved on the guaranteed delivery date.
  • In the unlikely event of damage, we ask that you please email info@omonausa.com  within three (3) days of receipt, provide a description of the damage, and a photo(s) of the order in the state it was received. We will happily review you your order and any reported issues and offer an appropriate resolution which may include replacement of the Product in question, credit towards your next box, or a partial/full refund. Since we aren’t able to physically access the Product, we may ask that you provide photos of the Product label and damage reported.

15. PAYMENT METHOD

You can pay for the products by Credit/Debit card (MasterCard, Visa, American Express), and PayPal.

The maximum amount you can spend in one order varies depending on the payment method you select and whether you are a registered user or a guest.

16. TRADEMARKS

All brand names, logo, product names and titles used on the Website are trademarks or trade names of OMONA or third party trade mark or trade name holders. Nothing contained in this TERMS AND CONDITIONS will be construed as conferring any right to YOU to use in advertising, publicity, or other promotional activities any name, trade name, trademark, or other designation of OMONA (including a contraction, abbreviation or simulation of any of the foregoing). You are expressly prohibited from using the name “OMONA” or the name of OMONA branded products, publicity, or other promotional activities, unless written consent is obtained by you from OMONA to do so.

17. DATA CHECK

During the payment process OMONA may perform credit checks. Based on the outcome of those checks OMONA may change, adjust or decline an order and/or the selected payment method. In most cases OMONA will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.

18. YOUR TOTAL PRICE

The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.

19. PRICE CHANGES

The prices of the products will be as displayed on the Website. Prices may change from time to time,
but changes will not affect any order which we have confirmed in the Order Confirmation.

20. DELIVERY

As a rule, delivery time is 2 to 5 working days after shipping the order. See our delivery information for more details.

If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.

21. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from such user and OMONA; Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner; Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites; Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access; Develop any third party applications that interact with the Sites without our prior written consent; Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; Bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites; or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

22. INDEMNIFICATION.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless OMONA, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “OMONA Parties”), from and against all actual or alleged OMONA Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify OMONA of any third-party Claims and cooperate with the OMONA Parties in defending such Claims. You further agree that the OMONA Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and OMONA.

23. DISCLAIMERS.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE PACKAGED AND STORED IN FACILITIES THAT MAY HANDLE FOODS WITH ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OMONA, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OMONA, ITS SUBSIDIARIES, AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES, INCLUDING NUTRITIONAL AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

IN THE EVENT OF AN ERROR IN THE SERVICES, INCLUDING IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITES AND/OR MOBILE APPLICATIONS DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, DIFFERENCES IN HOW YOUR COMPUTER OR MOBILE DEVICE DISPLAYS TEXT AND/OR IMAGES, NATURAL VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

24. LIMITATION OF LIABILITY; RELEASE.

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMONA OR ANY OF THE OTHER OMONA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM OMONA, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OMONA’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF OMONA AND THE OTHER OMONA PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE OMONA MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OMONA AND THE OTHER OMONA PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

25. CHANGES

If OMONA decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes. 

26. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of www.omonausa.com is hereby governed by, and constructed and enforced in accordance with the laws of Los Angeles. The competent courts in Los Angeles, shall have the exclusive jurisdiction to resolve any dispute between you and OMONA.