Terms and conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with and/or use our website we will ask you to expressly agree to these terms and conditions.

1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Copyright Notice

2.1 Copyright (c) 2017 – 2021 Omooma / One Digital Services LLC

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. License of Use

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use any other functionality on the Omooma platform by means of a web browser subject to the other provisions of these terms and conditions.

3.2 You may only use our website for your own personal purpose, and you must not use our website for any other purposes.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.5 Notwithstanding Section 4.5, you may redistribute our blog.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable Use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities outside the discussion forums.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and Accounts

5.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.2 You must not allow any other person to use your account to access the website.

5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.4 You must not use any other person’s account to access the website.

6. User Login Details

6.1 If you register for an account with our website, you will be asked to provide your e-mail address and a password.

6.2 You must not use your account or account details for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and Suspension of Account

7.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details, at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our website at any point in time.

8. Content Rights

8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on this website and any successor website.

8.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Your Content and Commentary

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence

(m) be pornographic;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited Warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. Limitations and Exclusions of Liability

1.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these Terms and Conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third Party Rights

16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

17. Entire Agreement

17.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18. Law and Jurisdiction

18.1 These terms and conditions shall be governed by and construed in accordance with United Arab Emirates law.

18.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates

19. Statutory and Regulatory Disclosures

19.1 Our Holding Company is registered in Abu Dhabi, United Arab Emirates as a Limited Liability Company;

20. Our Details

20.1 This website is owned and operated by One Digital Services LLC

20.2 Our principal place of business is at: Office 210 – MSM 1 Building – Al Safa 2 - Dubai

20.3 You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website; or

(d) by email, using the email address published on our website.

21. EXPERTS

1. Receiving Expert Advice. We allow our Users to offer their experience and advice (“Expert Advice”) to other Users of the Omooma Properties. You acknowledge and understand that any Expert Advice provided via the Omooma Properties is for informational purposes only and is not reviewed for correctness, accuracy, truthfulness, completeness, or reliability by Omooma, nor is it endorsed or guaranteed by Omooma. Expert Advice is not intended to diagnose, treat, cure, or prevent any disease and does not constitute medical information, advice or care, and you acknowledge that Omooma, Experts and the Omooma Properties do not provide medical information, advice or care. You understand and agree that you assume the sole risk with respect to your receipt of any Expert Advice, and that Omooma shall have no responsibility or liability whatsoever for such Expert Advice. To the extent you interact with an Expert that you believe is improperly purporting to provide medical information, advice, or care, please contact us immediately at [email protected].
2. Expert Pledge. In order to serve as an Expert in the Omooma community you agree that you will uphold the following community standards (the “Expert Pledge”): (a) respond to User questions within 24 hours or less; (b) be respectful of and non-judgemental about differing parenting philosophies; (c) create a safe and supportive environment for Users looking for help; (d) never discriminate based on race, sex, sexual preference, country of origin, religion, age, or disability; (e) ask clarifying questions if you don’t have enough information to give an informed response to a question; (f) give thoughtful responses based on research and experience, to the best of your ability; (g) not purport to offer any medical advice, and instead refer any medical questions to a licensed medical professional; and (h) uphold the highest standards of integrity in the Omooma community. You understand that the foregoing commitments help to ensure a safe and supportive environment for all parents and community members and that Omooma reserves the right to remove your account or terminate your participation in the Pilot Program at any time and for any reason.

22. Payment Information

All payments made on the Omooma site are secure. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, or leased to any third parties.

We use third-party payment partners Stripe and tabby to facilitate our online payments:

22.1 Stripe

Stripe is a leading global payment gateway offering high levels of security and anti-fraud technology.

We accept payments on Stripe using Visa, MasterCard credit/debit cards and American Express credit cards in AED (or any other agreed currencies)

The cardholder must retain a copy of transaction records and merchant policies and rules.

For more information on Stripe, please visit stripe.com

22.2 tabby

tabby is a UAE-born and bred buy-now-pay-later payment platform. We’ve partnered with tabby to bring you a better way to shop for our online services. tabby lets you shop now and pay after delivery or in installments with your debit or credit card.

tabby is available to any resident of the UAE and KSA. For more information on how tabby works, eligibility, and tabby’s late payment policies please visit our FAQs

22.3 Pricing and Stock

Prices for products and services listed on our site are subject to change without notice. We reserve the right at any time to modify or discontinue any product or service without notice at any time. We are not liable for any product or service modification, price change, suspension, or discontinuation.

We are not responsible for stock levels managed by our third party vending partners and we are not responsible for cancellations or order changes made by our third party vendors. For more information on our policies, please visit our Terms Of Use.

23. Refunds

Omooma.com will accept refund request only for customers experiencing issues playing the content. Refunds will be processed under the following circumstances:

• Content not playable from the customer device
• Video player not accessible from the customer device

If you are experiencing one of these above issues, please reach out to [email protected]. You will be asked to provide visual proof of the non-playability of our content.

Any other reasons can not be accepted for refunds request.

24. Consumer Rights

Omooma are committed to offering the highest standards of customer service and we adhere to the UAE consumer protection law. In respect of all consumer rights, if you are not satisfied with your experience with Omooma and you wish to make a complaint, please contact [email protected]. In addition, we appreciate all feedback and welcome suggestions to help improve our service.