Terms of Service

These Terms of Service govern your use of the website located at https://app.omilkyway.org and any related services provided by OMI DIGI.

By accessing https://app.omilkyway.org, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by OMI DIGI.

We, OMI DIGI., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 5 September 2023.

Description of Service

OMI DIGI. provides web design services, specializing in the creation of Digital Business Card Websites. Under this service, we work collaboratively with our clients, offering design revisions within a stipulated period to ensure satisfaction. The final deliverable includes a website tailored to the client’s specifications, with the option for multimedia and text-based revisions.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  2. remove any copyright or other proprietary notations from any materials and software on this website;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service OMI DIGI. provides;
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this website or its associated services in violation of any applicable laws or regulations;
  7. use this website in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to OMI DIGI. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

Any content uploaded or provided by the client remains the intellectual property of the client. OMI DIGI. retains the right to use such content solely for the purpose of delivering its services. Clients retain all rights to any proprietary information they share, upon the project’s completion, the final website design’s ownership is transferred to the client. OMI DIGI. retains rights to any template designs created prior to or as a result of the agreement.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by OMI DIGI. at any time.

User-Generated Content

You retain your intellectual property ownership rights over the content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it. Both OMI DIGI. and the client guarantee that they possess the necessary rights to the designs and proprietary information they contribute to the project. If either party is found in breach of this, they are liable for any resultant damages.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Registration and Payments

In order to use our services you need to create an account. Any information provided needs to be accurate and updated if necessary. Customers are liable for maintaining their accounts and are fully responsible for all activities occurring under their accounts. Should anybody gain unauthorized access to your account, you need to notify us immediately. OMI DIGI. is not liable for any loss or damage arising from failure to maintain the confidentiality of your account.

When purchasing our services you are required to provide your financial information relevant to the chosen payment method, in some cases, you may be requested to provide your credit card details. Please note that any payments made on our platform will be processed by PayPal, Stripe, or ChengKungPay. As such, we will not be responsible for processing or retaining any of your financial information. PayPal, Stripe, or ChengKungPay will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.

We offer unlimited revisions within the 60-day period following the initial design date. Beyond this timeframe, revisions may incur additional charges, with distinctions made between multimedia and text revisions. For detailed charges, refer to our Pricing Page. After an initial payment, clients have two months to decide if they wish to subscribe to our services. Upon subscription, clients will enjoy lifetime revisions and access to extra customized services. For those who choose not to subscribe but remain satisfied with their digital business card website, unlimited textual edits will be available. Edits in media format will incur a one-time extra charge.

Clients are required to make an initial deposit before the commencement of any project, with the final payment due upon completion, subject to client satisfaction. If a client is unsatisfied with the delivered work and decides not to proceed with the final payment, they are entitled to request a refund of their initial deposit. However, such refunds are subject to the terms laid out in our Refund Policy

Disclaimer and Limitations of Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, OMI DIGI. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall OMI DIGI. or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if OMI DIGI. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

While OMI DIGI. commits to delivering a website tailored to the client’s specifications, we make no representations or warranties regarding specific business outcomes, including but not limited to increased profits, brand recognition, or exposure. Neither we nor the client shall be held liable for certain damages resulting from our agreement, including, but not limited to, lost profits, revenue, or business costs. In the event of any legal disputes arising from our agreement, the prevailing party is entitled to recover their legal fees, including attorneys’ fees.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. OMI DIGI. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. You should not rely solely on the said materials to make decisions, we advise you to consult other, more complete sources of information. You are solely responsible for the strict reliance on the materials posted on our website. We have the right to change the information on our website without prior notice and users are responsible to monitor said changes. Any historical information present on our website is provided for reference only.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. OMI DIGI. has the right to offer new third-party tools in the future.

Links

OMI DIGI. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by OMI DIGI. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Taiwan. You irrevocably submit to the exclusive jurisdiction of the courts in that location.