Terms of Service
EFFECTIVE: Aug. 14, 2023
Welcome to Ona-Cup and thank you for visiting our website. Your understanding and acceptance of our Terms of Service are crucial, so take the time to read them thoroughly.
Your engagement with any websites, mobile apps, or blogs (jointly referred to as the “Site”) made available by Ona-Cup Ltd or any related entities (henceforth known as “Ona-Cup,” “we,” “us,” or “our”), which includes www.ona-cup.com and involves providing insights on personal care practices, trends, and access to our specialized personal care products (the “Products”) (together with the Site, the “Services.”), implies your acceptance of and agreement to adhere to these Terms of Service (the “Agreement”) and any other operational rules, policies, or procedures we may post on the Site, including our Privacy Policy. These may be updated occasionally without prior notice. Some Services might be governed by additional terms that are referenced herein. This Agreement is applicable to all users of the Services.
We hold the right to amend this Agreement whenever we see fit at our sole discretion. An up-to-date version of this Agreement is always accessible via the “Terms of Service” link on our Site. Changes that materially affect the Agreement will be communicated through appropriate channels such as pop-up notifications, email, or other feasible methods. Continuation of the Services after changes are made signifies your consent to the revised Agreement. We advise you to regularly check this page to stay informed about any alterations. Should you disagree with this or any future Agreement, refrain from accessing or continuing to use the Services.
NOTICE OF ARBITRATION AND WAIVER OF CLASS ACTION RIGHTS: UNLESS OTHERWISE STIPULATED IN THE ARBITRATION CLAUSE BELOW OR AS LEGALLY RESTRICTED, YOU CONSENT TO SETTLING ANY DISPUTES WITH US THROUGH BINDING, INDIVIDUAL ARBITRATION, AND YOU RENOUNCE YOUR RIGHTS TO INITIATE OR JOIN IN ANY CLASS ACTION LEGAL PROCEEDINGS OR CLASS-WIDE ARBITRATION.
Eligibility
Should you be below the legal age of consent in your residing country, a parent or legal guardian must review and agree to the terms of this Agreement on your behalf.
You affirm that you are no younger than 13 years of age. Individuals under 13 are expressly prohibited from utilizing the Services. We maintain the sole discretion to deny the Services to anyone and modify our eligibility requirements at our will.
We frequently experiment with novel features, functionalities, services, interfaces, and products, possibly integrating them into our Services. You may be included or excluded from these tests without prior notice.
It is your responsibility to ensure that your utilization of the Services adheres to all applicable laws, regulations, and rules in your jurisdiction. If your residing country’s laws necessitate an age older than 13 for the use of certain Services, that legal age applies. Minors should consult with their parents to determine suitable sections of the Services. Access to the Services is revoked in jurisdictions where this Agreement or the Services are banned or conflict with any relevant law, rule, or regulation.
Registration
You have the option to create an account on the Site (referred to as an “Account”) or sign in with your Facebook or other social media credentials. It’s not mandatory to create an Account to access certain parts of the Services. However, to take advantage of specific functionalities such as viewing your order history, an Account is required. All information provided must be accurate, and you must keep your Account details current. The following actions are prohibited: (i) choosing or employing a username that impersonates another individual; (ii) utilizing a username that infringes on another’s rights without proper authorization; (iii) selecting an offensive, vulgar, or obscene username. You alone bear responsibility for your Account’s activities and must keep your password confidential. You must never use another person’s account or registration details for the Services without their consent. Please notify us immediately of any changes in your eligibility to use the Services or any unauthorized use of your Account, or if there is a security breach. Publicly sharing your login information is strongly discouraged. Account deletion is possible and described in our Privacy Policy.
Use of the Site
Our Services include various materials such as software, text, graphics, and images (jointly known as the “Content”). Whether owned by Ona-Cup or provided through third-party agreements, we cannot assure the ongoing accuracy of any Content accessed via the Services. The Content is safeguarded by domestic and international intellectual property laws. Unauthorized interaction with the Content could lead to breaches of copyright, trademark, and other legislation. You possess no rights to the Content and must adhere to the usage restrictions in this Agreement. Any other use requires our express written consent. All copyright or proprietary notices must be retained in any copies of the Content you make. Commercial or public usage of the Content in ways including but not limited to selling, transferring, modifying, reproducing, displaying, or performing is prohibited. Posting the Content on other websites or networked environments is expressly forbidden. If this Agreement is violated, your access to the Content and Services may be terminated, and you must promptly destroy all Content copies.
The Ona-Cup trademarks, service marks, and logos (the “Ona-Cup Trademarks”) in the Services are our registered and unregistered trademarks or service marks. Other company, product, and service names may be third-party trademarks or service marks (the “Third Party Trademarks”, collectively with Ona-Cup Trademarks, the “Trademarks”). Nothing on the Site or this Agreement should be interpreted as providing a license or right to use any Trademarks without our explicit written consent for each use. The Trademarks must not be employed to disparage or harm our goodwill or that of any third party. Linking to or from any site using the Trademarks is forbidden without our consent. All goodwill from the use of any Ona-Cup Trademark shall benefit us.
You agree not to: (a) impose an undue burden on the Site’s infrastructure; (b) employ any tools or methods to disrupt the Site’s normal functioning; (c) attempt to decode, decompile, disassemble or reverse engineer any software used on the Site; (d) modify or delete material posted by us or others on the Site; or (e) engage in actions contrary to our guidelines and policies.
Third Party Sites
Ona-Cup’s Site might include links to websites, services, or other resources owned by third parties, such as our sponsors and social media platforms like Facebook (“External Sites”). These links are presented solely for your convenience, not as our endorsement of the content on such External Sites. The content on these External Sites is created and maintained by others, not us. Should you have any concerns about the links or content on these External Sites, please contact their respective administrators. Ona-Cup is not accountable for the content on any linked External Sites and makes no statements about the content or accuracy of materials on those External Sites. When downloading files from any site, it is wise to take measures to protect your device from potential harm. If you choose to access any External Sites, you do so entirely at your own risk. Ona-Cup is not responsible for any damage or loss arising from or related to your use or reliance on content, products, or services found on or through any External Sites.
You may have the option to sign in to the Site using various online third-party services, such as social media and networking platforms like Facebook or Twitter (“Social Networking Services”). By integrating these Social Networking Services into our Services, Ona-Cup aims to enhance and personalize your online experiences. To utilize this feature, we may ask you to authenticate, register, or log in to Social Networking Services through their respective websites. Such integration enables these Social Networking Services to share certain information with us, which will be used, stored, and disclosed in compliance with our Privacy Policy.
Please note that the way Social Networking Services handle, store, and share your information is governed solely by their policies, and Ona-Cup shall bear no liability or responsibility for the privacy practices or other actions of any third-party sites or services that may be integrated into the Site or offered through our Services. Additionally, Ona-Cup is not accountable for the precision, availability, or dependability of any information, content, goods, data, opinions, advice, or statements associated with Social Networking Services. Therefore, we are not liable for any harm or loss alleged to result from or connected to the use or reliance on any such Social Networking Services. Ona-Cup offers these features purely for convenience, and their integration or inclusion does not signify our endorsement or recommendation.
Ona-Cup might engage in affiliate marketing, allowing affiliate links to be embedded on some of our pages. This means that Ona-Cup may earn a commission if or when you click on or make purchases through these affiliate links.
User Content
With regard to Photos (as defined below), Submissions (as defined below), and any content or other materials you provide to or upload through Ona-Cup’s Site or Services, or share with other users (collectively, “User Content”), you affirm and warrant that you own all rights, title, and interest in such User Content, including copyrights and publicity rights. You assure that all User Content provided by you is accurate, complete, up-to-date, and compliant with all relevant laws, rules, and regulations. You shall not engage in any action or upload, post, or distribute any User Content that infringes any intellectual property rights, violates any law, or is false, misleading, unlawful, or inappropriate as determined by us in our sole discretion.
Ona-Cup’s Site features the Ona-Cup Community page, where users who share photos and videos using our brand hashtags, such as #OnaCupCommunity, #GetOnaCup, or tagging the @OnaCup account (collectively, “Photos”), may have their content featured. Should we seek additional permission to use your content, please respond with #OnaCupYes to acknowledge acceptance of these terms and conditions. You grant us permission to use the Photos in various promotional venues, including online platforms, and represent that such use does not violate any third-party rights.
By uploading any User Content, you grant Ona-Cup and its affiliates a non-exclusive, global, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use your User Content in connection with our Services, promotions, or advertising. You affirm that you have all rights to grant such licenses without violation of any third-party rights.
You waive any claims arising from our alteration of the User Content and appoint Ona-Cup as your irrevocable representative with respect to the User Content, with the right to take any actions necessary to ensure we can utilize and protect the rights in your User Content.
You acknowledge that any suggestions, ideas, or feedback about the Site (“Submissions”) that you provide to us are non-confidential, and we may use these Submissions without acknowledgment or compensation to you.
You agree that we may preserve and disclose User Content if required by law or if reasonably necessary to comply with legal process, enforce this Agreement, respond to claims, or protect the rights or safety of Ona-Cup, our users, or the public. You understand that the processing of the Site, including your User Content, may involve transmissions over various networks and adaptation to technical requirements.
Ona-Cup respects intellectual property rights. If you believe that your work has been copied in violation of copyright or other intellectual property rights, please notify us in accordance with the procedure set forth below. We will follow applicable laws, including the Digital Millennium Copyright Act (“DMCA”), to address any alleged infringement. Please email your claim to Ona-Cup’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”) or contact us by mail at:
Ona-Cup LLC,
4010 FOOTHILLS BLVD. SUITE 103/194, ROSEVILLE, CA 95747, USA
Your notice must include specific details as outlined in the original text, including information about the alleged infringement, your contact details, and your statements regarding your belief in the infringement.
If you believe your User Content was mistakenly removed, you may send a counter-notice containing specific information as outlined in the original text. Upon receipt of a counter-notice, we may restore the removed content within ten (10) to fourteen (14) business days, unless legal action is taken against you.
In accordance with the DMCA and other applicable laws, Ona-Cup has adopted a policy of terminating users who repeatedly infringe intellectual property rights, and we may limit access to the Services or terminate any accounts at our sole discretion for any infringement.
Payments, Billing, and Subscription Services for Ona-Cup.com
When ordering any Product from ona-cup.com, you commit to providing current and correct payment information. We’ve engaged a third-party payment processor to handle purchases on our Site. It is your responsibility to ensure that sufficient funds or credit are available at the time of placing any order so that we can collect the purchase price.
We endeavor to list accurate prices for all Products on our Site but cannot guarantee against pricing mistakes. We retain the right to either not process or cancel any orders for a Product if it was priced incorrectly due to an error. If this happens, we will inform you via email.
Information regarding Product availability may be found on the Site. In some instances, a Product might be in stock when you order but be sold out when we attempt to process it. If so, we’ll email you and cancel the item from your order. Additionally, we might offer Products for pre-order before they’re made or arrive at our warehouse. We’ll ship them once they’re available, but if they become unavailable for shipping, we’ll notify you by email and cancel the item.
Unless stated otherwise, prices are exclusive of: (a) shipping or carriage costs to the agreed delivery location, and (b) all applicable taxes and duties. You are responsible for paying these additional costs as indicated by us at the time of your order submission.
Certain Services we offer, like subscription services, may include an initial charge and subsequent recurring charges as agreed upon by you. You can select how often you want to reorder auto-replacing products. By opting for a recurring payment, you acknowledge and accept the recurring charge responsibility until you cancel. All recurring payments are considered final upon payment. WE MAY CHARGE PERIODICALLY (E.G., MONTHLY) WITHOUT ADDITIONAL AUTHORIZATION FROM YOU, UNTIL YOU NOTIFY US (AND WE CONFIRM RECEIPT) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CHANGED YOUR PAYMENT METHOD. THIS NOTICE WILL NOT AFFECT CHARGES MADE BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.ONA-CUP.COM.
Products must be ordered for personal use only. Commercial resale or distribution of Products is prohibited. We reserve the right to accept or reject orders based on availability, noncompliance with this Agreement, or any other reason. We also reserve the right to verify your identity for processing your order. Any canceled or unprocessed orders will either not be charged or will be refunded.
Though we strive to describe Products accurately, we cannot guarantee that descriptions are complete, accurate, up-to-date, or error-free. If a Product doesn’t match its description, your sole remedy is to request a refund or return it. We may also run special promotions or offers on our Products. Please review the terms and conditions for eligibility. For additional purchasing information, visit www.ona-cup.com/help.
Limitation of Liability and Disclaimer of Warranties for Ona-Cup.com
ONA-CUP, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “ONA-CUP PARTIES”) DISCLAIM WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR SERVICES, INCLUDING ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE ONA-CUP PARTIES SHALL NOT BE LIABLE FOR ERRORS, MISTAKES, OMISSIONS, DELAYS, OR INTERRUPTIONS. USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICES ARE FREE OF ERRORS OR THAT THE SITE, SERVER, OR CONTENT ARE FREE OF CONTAMINATION OR DESTRUCTIVE ELEMENTS. ANY COSTS FOR SERVICE OR REPLACEMENT OF EQUIPMENT OR DATA ARE NOT OUR RESPONSIBILITY.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE ONA-CUP PARTIES’ LIABILITY SHALL NOT EXCEED (IN TOTAL) $500.00, NOR SHALL THEY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES FROM LOST DATA OR BUSINESS INTERRUPTION.
Legal limitations in some jurisdictions may not apply, in which case ONA-CUP PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
Indemnification for Ona-Cup.com
You agree to defend, indemnify, and hold the Ona-Cup Parties harmless from any claims, actions, or demands, including legal and accounting fees, due to your breach of this Agreement or your misuse of the Content or Services. We will notify you of such claims, and we may assume exclusive control and defense of any matter subject to indemnification. You will cooperate with reasonable requests to assist our defense.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS IMPACTS YOUR LEGAL RIGHTS.
Arbitration. YOU CONSENT THAT ANY AND ALL DISAGREEMENTS BETWEEN YOU AND US (EVEN IF THE DISPUTE INVOLVES A THIRD PARTY) REGARDING YOUR ASSOCIATION WITH US, INCLUDING BUT NOT LIMITED TO DISPUTES PERTAINING TO THIS CONTRACT, YOUR UTILIZATION OF THE SERVICES, THE CONTENT, OR RIGHTS OF PRIVACY AND PUBLICITY, SHALL BE SETTLED BY MANDATORY, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S GUIDELINES FOR ARBITRATING CONSUMER-RELATED ISSUES. BOTH YOU AND WE HEREIN DELIBERATELY FORGO A TRIAL BY JURY. ARBITRATION GENERALLY OFFERS MORE RESTRICTED DISCOVERY AND APPEAL RIGHTS COMPARED TO A LAWSUIT, AND CERTAIN RIGHTS YOU AND WE MIGHT HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You and we will not engage in class action or class-wide arbitration for any claims encompassed by this arbitration agreement. YOU ARE RELINQUISHING YOUR RIGHTS TO FUNCTION AS A CLASS REPRESENTATIVE OR MEMBER ON ANY CLASS CLAIM YOU MAY POSSESS AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. Furthermore, you consent not to partake in claims made in a private attorney general or representative capacity, or consolidated claims involving another individual’s account, if we are a party to the matter. This clause for resolving disputes is governed by the Federal Arbitration Act and not by any state, provincial, or other arbitration law. Should the American Arbitration Association be unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, either party can choose to have the arbitration overseen by the Judicial Arbitration and Mediation Services. Any court of competent jurisdiction may enter judgment on the award the arbitrator renders. Regardless of any provision of applicable law, the arbitrator shall have no authority to award damages, remedies, or awards conflicting with this Agreement.
Severability. If the clause prohibiting class actions and other claims made on behalf of third parties above is deemed unenforceable, then all preceding language in this Arbitration section will become null and void. This arbitration agreement will persist after the conclusion of your relationship with us.
Termination.
We hold the right, at our sole discretion, to limit, suspend, or end this Agreement and your access to any or all parts of the Services or the Content at any time, for any reason, without prior notification or liability. This includes the right to refuse any order you make to purchase Products, possibly resulting in the loss and destruction of all associated information with your Account. We retain the right to alter, suspend, or cease any part of the Services or Content at any moment without prior notice or liability. All clauses in this Agreement that by their nature should withstand termination shall continue in effect post-termination, including but not limited to User Content licensing, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers, and arbitration.
User Must Comply with Applicable Laws.
You are exclusively accountable for abiding by the laws of your specific jurisdiction, including all relevant local, state, provincial, national, and international laws and regulations.
The United States governs the export of products and information. You expressly consent to adhere to such restrictions and not to export or re-export any of the Content to nations or persons prohibited under the export control laws. By downloading the Content, you are explicitly acknowledging that you are neither in a country where such export is forbidden nor a person or entity to whom such export is forbidden. Compliance with the laws of your specific jurisdiction concerning the import, export, or re-export of the Content is solely your responsibility.
U.S. Government Restricted Rights.
The Content is supplied with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as detailed in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. The Government’s use of the Services or Content constitutes recognition of our proprietary rights in the Services and Content.
Mobile Message Service
Last updated: 8/25/2021
The Ona-Cup mobile message service (the “Service”) is operated by Ona-Cup (“Ona-Cup”, “we”, or “us”). Your engagement with the Service signifies your agreement to these terms and conditions (“Mobile Terms”). We may amend or cancel the Service or its features at any time without notification. To the extent allowed by applicable law, we may alter these Mobile Terms at any time, and your continued use of the Service following the effective date of such alterations shall be deemed your acceptance of the changes. Though we don’t charge for the Service, you must bear all charges and fees linked to text messaging as imposed by your wireless provider. Message and data fees may apply. Texts may be sent using an automatic telephone dialing system or other technologies. Your agreement to receive automated marketing text messages is not mandatory for purchasing any goods or services. If you have opted in, the Service offers updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders) from Klaviyo via text messages through your wireless provider to the mobile number you provided. Message frequency varies. [[If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number][If sending using an alphanumeric sender ID in the UK] Click the unsubscribe link in any text message to cancel at any time. to cancel at any time.] You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Ona-Cup mobile message programs and want to cancel, except where applicable law demands otherwise, you’ll need to opt out separately from those programs by following the instructions in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 215-8426 or email [email protected]. We may alter any short code or phone number we use to operate the Service at any time, and we’ll notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, sent to a short code or phone number we’ve changed might not be received, and we won’t be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile number and maintain accurate, complete, and up-to-date information with us regarding your receipt of messages. To the extent permitted by applicable law, you agree that we will not be responsible for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Miscellaneous
The laws of the State of California, disregarding any conflicting legal principles, will govern this Agreement. While not setting aside the preceding arbitration clause, you expressly consent to the jurisdiction of the state and federal courts located within Roseville, California. If any competent court deems a provision of this Agreement invalid, the remaining provisions will continue to be valid and enforceable. Our lack of enforcement or action regarding any provision of this Agreement does not amount to a waiver of that or any other provision. A waiver against us will only be effective if put down in writing, and no such waiver should be understood as applicable to any other or future instance. We won’t be held responsible for any failure to meet our obligations if it’s due to circumstances beyond our reasonable control, including but not limited to failures in mechanics, electronics, or communication. Information you send to or through the Services could become publicly available, so ensure you safeguard crucial and private data. We accept no responsibility for the privacy of email or other information sent over the Internet or any other networks you might use.
Unless you and we expressly agree otherwise, this Agreement embodies the full understanding between you and us regarding its subject matter, superseding all prior or simultaneous understandings, whether oral or written, between the parties. The headings within this section serve only for ease of reference and don’t have legal significance. This Agreement is binding on you alone and may not be assigned, transferred, or sublicensed by you without our prior written approval. Our successors, assignees, licensees, and sublicensees will benefit from this Agreement. This Agreement doesn’t establish any agency, partnership, joint venture, or employment relationship, nor does it grant either party the power to bind the other in any way. Unless this Agreement specifically states otherwise, all notices must be in writing and will be considered duly given upon receipt if personally delivered or sent by certified or registered mail with return receipt; if confirmation of receipt is obtained electronically, when transmitted by fax or email; or the day after being sent if sent for next-day delivery by a recognized overnight delivery service. Send electronic notices to [email protected].
Ona-Cup Limited Liability Company, is headquartered at 4010 FOOTHILLS BLVD. SUITE 103/194, ROSEVILLE, CA 95747, USA. You can also reach us at the following email address: [email protected].
