Terms & Conditions
Effective Date: 1 August 2024
Oh My Ink Technology Limited is a marketplace that allows users to offer, sell and buy Temporary Tattoos (“Products”). These terms and conditions govern your use of our website, software and applications provided by us (collectively, our “Platform”).
Please read these Terms and Conditions ("Terms") carefully before using our website (the "Site"). These Terms govern your access to and use of the Site and any services or products offered on the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Site.
You should also read our Privacy Policy which sets out how we collect and use your personal information.
1.ABOUT US
a. We are Oh My Ink Technology Limited, a company registered in Hong Kong (trading as “OMI”. Our company registration number is 2937765 and our registered office is at Room E, 9th Floor, Ho Lee Commercial Building, 40 D’Aguilar Street, Central.
b. -For any questions or problems relating to our Site, our products or services, or these terms, you can contact us by telephoning our customer service team at phone number or emailing us at email or writing to us at postal address. For any questions or problems relating to our Platform, our Products or these terms, you can contact us by telephoning our customer service team at +852 91307828 or email us at support@ohmy.ink or write to us at Room E, 9th Floor, Ho Lee Commercial Building, 40 D’Aguilar Street, Central.
c. Please refer to our Privacy Policy which is available at Please provide a web link (URL) to your privacy policy document for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
d. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2. SERVICES/PRODUCTS WE PROVIDE
a. We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual obligations between any buyer and any seller.
b. A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order will take place when they email the buyer to accept it, at which point a contract will come into existence between the seller and the buyer. We are not an agent of any buyer or seller.
c. We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments and deliveries on behalf of sellers.
d. We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.
e. We will deliver seller’s Products as soon as we accept your order.
f. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.
g. We may have to suspend the supply of a Product to:
i. deal with technical problems or make minor technical changes;
ii. update the Product to reflect changes in relevant laws and regulatory requirements; or
iii. make changes to the Product as requested by you or notified by us to.
h. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we have to suspend the Product, we will adjust the price so that you do not pay for Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than fourteen (14) day(s) and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
i. We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
j. We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
3. USE OF THE PLATFORM
a. Eligibility: By using the Site, you represent that you have the legal capacity to enter into these Terms.
b. When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy or making a bid for any Product.
c. Any order placed or bid submitted in respect of a Product is deemed irrevocable and unconditional. In placing an order or submitted a bid you agree to the Seller's Terms set out in the seller's listing for the Product.
d. You enter into a legally binding contract to buy a Product when you commit to buy a Product, your order for a Product is accepted, or if you have the winning bid for a Product (or your bid for a Product is otherwise accepted).
e. We do not transfer legal ownership of Products from the seller to the buyer. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
f. Account: Some features or services on the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@ohmy.ink of any unauthorized use of your account or any other breach of security.
g. Billing authorisations for free trials - From time to time we may offer free trial accounts for our Subscription Plans. You may be required to provide an applicable billing payment method to register for a free trial offer to a Subscription Plan. In that event, you agree that Oh My Ink Technology Limited may obtain a pre-authorisation for the fee amount that you will be charged if you complete the free trial and continue the Subscription Plan. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges, and Oh My Ink Technology Limited will not be responsible for any results, such as an overdraft fee, that may occur to your account as a result of such authorisations.
h. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.
i. You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
j. Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
k. You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.
4. PRODUCT DEFECTS
a. We warrant that on delivery, the Products will:
i. be of merchantable or satisfactory quality;
ii. be fit for purpose held out by us;
iii. be free from material defects in design, material and workmanship; and
iv. conform with their description given on our Platform in all material aspects.
b. Any warranty given by us under this clause does not apply to any defect in the Products arising from:
i. fair wear and tear;
ii. wilful damage, abnormal storage or working conditions, accident, or negligence by you or by any third party;
iii. your failure to operate or use the Products in accordance with any instructions (including instructions relating to storage, installation, use and maintenance) given by us;
iv. any alteration or repair by you or by a third party; or
v. us following any of your specification or requests.
c. If you become aware of any defect in all or part of the Products delivered, you must give notice in writing to us as soon as practicable. All refund will adhere to our Refund Policy.
5. USER CONTENT
a. User Content: The Site may allow you to submit, post, or upload content, including , images, photos, or other materials ("User Content"). By submitting User Content, you grant us a worldwide full right to use, publish, create derivative works from displaying such User Content in any media.
b. When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.
c. Responsibility: You are solely responsible for your User Content and the consequences of uploading it. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the rights granted herein, and that your User Content does not violate any applicable laws or infringe the rights of any third party.
d. Monitoring: We reserve the right removing any User Content at our sole discretion, without prior notice from the Site. We are not responsible for any User Content posted on the Site by users.
e. For all content that you provide, you warrant that:
i. the content is accurate, up to date and not misleading;
ii. you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and
iii. the use of such content does not and will not infringe any intellectual property rights of any third party.
f. While we try to offer reliable information, we do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available. If and where we offer catalogs of listings, such catalogs may include product images, descriptions and specifications provided by users or other third parties.
g. If you are buying Products, you agree that we are not responsible for examining or warranting any listings provided by any users. If you are selling Products, it is your responsibility to review the content of your listings for accuracy.
h. We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party. You agree not to hold us liable for any inaccurate or misleading content.
6. YOUR ACCOUNT AND PASSWORD
a. In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
b. You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
c. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
d. You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
e. You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
7. TERMINATION
a. These terms will continue to apply until terminated by either you or us as follows.
b. You may stop using the Platform any time by deactivating your account.
c. We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
i. you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
ii. you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public;
iii. we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
iv. our provision of the Platform to you is no longer possible or commercially viable.
d. In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
e. Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
8. INTELLECTUAL PROPERTY
a. Ownership: All intellectual property rights in the Site and its content, including but not limited to the artist designs, flashes, try-on graphics, images and software, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws.
b. Restrictions: You may not use, distribute, display, sublicense, or publish any intellectual property rights associated with the Site without our prior written consent.
c. All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
d. We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
e. Our name “OMI” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
9. DISCLAIMER OF WARRANTIES
a. The Site and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
b. We disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. LIMITATION OF LIABILITY
a. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of the Site or any content on the Site.
b. Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
c. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
i. we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
ii. we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
iii. we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
iv. we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
v. we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
vi. we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
d. To the fullest extent permitted by law, we are not liable to you or others for:
i. any indirect, incidental, special, exemplary, consequential or punitive damages; or
ii. any loss of data, business, opportunities, reputation, profits or revenues,
iii. relating to the use of our Platform or any products or services we offer.
e. We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
f. If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
g. Other than the types of liabilities that we cannot limit by law, the liabilities of us to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11. INDEMNIFICATION
a. You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your User Content, or your violation of these Terms.
b.You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
c. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.
12. MODIFICATIONS TO THE TERMS
a. We reserve the right to modify or replace these Terms at any time. The most current version of the Terms will be posted on the Site. By continuing to access or use the Site after any modifications are effective, you agree to be bound by the revised Terms.
13. GOVERNING LAW AND JURISDICTION
a. These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes arising out of or related to these Terms or the use of the Site shall be subject to the exclusive jurisdiction of the courts located in Hong Kong.
14. SEVERABILITY
a. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.
15. ENTIRE AGREEMENT
a. These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, and understandings, whether oral or written, relating to the subject matter herein.
16. DISPUTE RESOLUTION
a. Oh My Ink Technology Limited and you agree to arbitrate all disputes and claims pursuant to the Website Terms of Use.