Terms of Use

Terms and Conditions

For the Online Sale of Goods

 

Agreement between User and https://explore.omsystem.com

The https://explore.omsystem.com website ("Web Site") is an E-Commerce website comprised of various web pages operated by OM DIGITAL SOLUTIONS AMERICAS, INC. and/or its direct and indirect subsidiaries (collectively, "OMDA", also referred to as “us”, “we”, or “our” as the context may require).

 

1. YOUR RIGHTS AND OBLIGATIONS

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

2. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEB SITE, YOU ACCEPT, WITHOUT MODIFICATION, AND ARE BOUND BY THESE TERMS AND CONDITIONS WHICH INCLUDE RELATED TERMS AND CONDITIONS EITHER HYPERLINKED BELOW OR INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, “TERMS”). Any sale through this Web Site is conditioned upon your acceptance of these Terms. You are bound by the version of these Terms in effect on the date you complete your Order. However, we may change these Terms from time to time, and when we do, we will post them on the Web Site. It is your responsibility to review the Terms each time you make a purchase from us. Your continued use of this Web Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

3. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

4. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEB SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH OMDA IN THE JURISDICTION IN WHICH YOU RESIDE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEB SITE OR ANY OF THIS WEB SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

5. These Terms are an integral part of the Web Site Terms of Use that apply generally to the use of our Web Site (see https://explore.omsystem.com/us/en/termsofuse). You should also carefully review our Privacy Policy before placing an order for products or services through this Web Site (see https://explore.omsystem.com/us/en/privacy).

 

2. ORDER ACCEPTANCE AND CANCELLATION

Orders may exclusively be placed on the Web Site. Before submitting the order, you can view and change the products at any time. You agree that your order is a binding offer to buy, under these Terms, all products and services listed in your order. However, the order can only be sent and transmitted if you confirm acceptance of these Terms by clicking the corresponding checkbox. You have the option of reviewing the contractual provisions including these Terms before completing the order process and saving them in a reproducible form.

 

All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between OMDA and you will not take place unless and until you have received your order confirmation email.

 

To cancel your unshipped order, please contact us by email at camera.support@om-digitalsolutions.com or by calling our support team at 1-800-622-6372 Monday-Friday, 6am-2pm ET. Please understand that when you contact us, the order may be packed and ready to ship at our warehouse. At that point we are not able to cancel the order, as it is already processed in our system and sealed on a larger shipping pallet to be picked up by our shipper. We will certainly endeavor promptly to determine the exact status and cancel if possible.

 

For international or tax-exempt orders, see https://explore.omsystem.com/us/en/orders.

 

3. PRICES AND PAYMENT TERMS

1. Terms for pricing and payment may be found here: https://explore.omsystem.com/us/en/returns-delivery-and-secure-shopping

2. In addition to the pricing and payment terms, you agree that all prices posted on the Web Site are subject to change without notice, and unless otherwise indicated on the Web Site, prices for products and services do not include taxes, delivery, export, or other charges. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. You further agree that we may charge the total amount of the purchase—including any applicable taxes, delivery, and customs charges—to your designated payment method.

3. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If we have delivered your product or service to you and your payment method fails for any reason, you agree to pay us the full amount due upon demand.

 

4. SHIPPING AND HANDLING; RISK OF LOSS

1. Terms for shipping and handling may be found here: https://explore.omsystem.com/us/en/returns-delivery-and-secure-shopping

2. In addition to those shipping and handling terms, and subject to the current OMDA Return Policy, you agree that title and risk of loss for any good purchased pass to you upon delivery of the products to your indicated shipping address. If you refuse delivery when our designated carrier attempts to make delivery of any products, you assume any risk of loss or damage to the products when the carrier attempts delivery. In that event, (1) you are still liable for the full payment for the products that the carrier attempted to deliver; (2) you are liable for any additional costs attributable to your failure to take delivery, including storage costs; and (3) after 30 days, we shall be entitled to dispose of the products in a manner we deem appropriate and may set off any proceeds of a sale against any sums you owe us.

 

5. RETURNS AND REFUNDS

Terms for returns and refunds may be found here: https://explore.omsystem.com/us/en/returns-delivery-and-secure-shopping

 

6. LIMITED WARRANTY

OMDA provides a limited warranty for its products, the details of which may be found at https://explore.omsystem.com/us/en/om-system-limited-warranty and in the warranty card we provide with your purchased product(s). By purchasing from the Web Site, you agree and acknowledge that this limited warranty is your sole and exclusive remedy with respect to products which are not otherwise returned in accordance with the OMDA Return Policy.

 

7. GOODS NOT FOR RESALE OR EXPORT

You agree to comply with all applicable federal, state and local laws and regulations of the United States. You represent and warrant that you are buying products from the Web Site for your own personal use only, and not for resale or export.

 

8. PRIVACY POLICY

Please review OMDA's Privacy Policy, which is incorporated herein by reference and governs the processing of all personal data collected from you in connection with your purchase of products or services through the Web Site. OMDA’s Privacy Policy may be found at https://explore.omsystem.com/us/en/privacy.

 

You agree and acknowledge that OMDA may use, from time time, various third party vendors in connection with your purchase of OMDA products and services which may include, without limitation, third party payment processors. OMDA does not control the access to, processing or use of your personal data by any third party vendor, and you acknowledge and agree that you will be subject to the separate privacy policies of those third party vendors.

  

9. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

1. OMDA products have various OMDA intellectual property, including copyrights, patents and trademarks which may be embedded in and/or related to each product and which may or may not affect the functionality or use of the products (collectively, “Embedded IP”). You are granted a perpetual, non-exclusive, non-transferable, and revocable license to access and use the Embedded IP strictly to enable your proper use of the products and ultimately subject to the further terms and provisions contained in these Terms.

2. OMDA, or where applicable, its licensors, will remain the sole and exclusive owner(s) of (i) all intellectual property rights, including copyrights, patents, trademarks, as well as the compilation thereof, in and related to each product and service which includes, without limitation, any Embedded IP, (ii) any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, and (iii) any software or system used in the products. Except for the limited license in Section 9(a) above, you do not and will not have or acquire any ownership of these intellectual property and proprietary rights in or to the products or services made available through the Web Site, or of any intellectual property rights relating to those products or services. You agree to observe and abide by all intellectual property and other proprietary notices, legends or other restrictions contained in or on any of the products, and will not make any changes thereto.

3. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Embedded IP or the products, in whole or in part. OMDA’s products and Embedded IP is not for resale.

 

10. FORCE MAJEURE

OMDA shall not be liable or responsible to you for any failure or delay in fulfilling or performing any of these Terms if and to the extent such failure or delay is caused by or results from acts beyond OMDA’s reasonable control which may include, without limitation, acts of God; flood, fire, earthquake, other potential disaster(s) or catastrophe(s), or explosion; war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government order, law, or actions (including, without limitations, closure orders relative to public health emergencies whether declared or not); embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. OMDA shall use commercially reasonable efforts where possible to mitigate or end the failure or delay, and shall resume the performance of its obligations as soon as reasonably practicable after the termination of the event. If any failure or delay remains in effect for a period of sixty (60) consecutive days, you may: (a) where applicable, cancel any unfulfilled purchase order and receive a complete refund; (b) where applicable, request any products sent to OMDA for repair be returned to you in which case the shipping charge to return any such products to you will be paid by OMDA.

 

11. GOVERNING LAW

All matters arising out of or relating to your purchase of the products (including these Terms) shall be governed by, interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without reference to any conflict of laws rules.

 

12. DISPUTE RESOLUTION AND BINDING ARBITRATION

1. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM. YOU ARE ADVISED THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROECTION, COMMON LAW, INTENTIONAL TORT, INJUCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEB SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

2. The arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. Any proceedings shall be remote proceedings (i.e. telephone conference, video conference or similar means, and any in person proceedings (if required) shall take place in a location mutually agreed by the parties. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this Section 12.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.

3. Any award of the arbitrator shall be final, and judgment may be entered upon it in any court of competent jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the substantially prevailing party shall be entitled to recover its costs and reasonable attorney's fees. This arbitration provision shall survive the termination of these Terms and Conditions. If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

13. NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OMDA.

 

14. ASSIGNMENT AND NO THIRD-PARTY BENEFICIARIES

1. You will not assign any of your rights or delegate any of your obligations under these Terms without prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

2. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

15. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, void or unenforceable pursuant to applicable laws, then that provision will be deemed severed from these Terms and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

16. ENTIRE AGREEMENT

These Terms together with any hyperlinked terms and conditions or policies, or those incorporated herein by reference, together our Web Site Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us with respect to your purchase of any products or services through the Web Site.

 

17. NOTICES

1. To you. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting on the Web Site. Notices sent by email will be effective when we send the email and notices we provide by posting on the Web Site will be effective upon posting. It is your responsibility to keep your email address current.

2. To us. To give us notice under these Terms, you must contact us as follows: (i) by email to camera.support@om-digitalsolutions.com; or (ii) by overnight courier or registered or certified mail to:

 

OM DIGITAL SOLUTIONS AMERICAS INC

306 South New Street, Suite 110

Bethlehem, Pennsylvania 18015

 

We may update the email address or address for notices to us by posting a notice on the Web Site. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

Effective as of December 9, 2024