ONLLY CASE - The ONLLY Way to send love

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Updated: 8th September 2022

ONLLY a CASE of love

ONLLY CASE is a creative platform that enables you to apply your creativity and care in designing and producing customised phone case products for your loved ones. This service is provided by Onllycase Limited. The ONLLY CASE official website, including all content, products and services provided therein, are governed by the following Terms of Service. All visitors, including registered users or guest users, are bound by this Terms of Service. By using the ONLLY CASE official website and/or the mobile app, or in all contact with ONLLY CASE via any communications channel, you agree to be bound by the Terms of Service outlined here.

User Registration > Account Security

To register an ONLLY CASE account on the official website and/or the mobile app, you must be over 16 years of age, provide correct and complete information during registration and at any given time during your interaction with ONLLY CASE. If you have any questions or feedback about how we collect and use your personal information, or if you'd like to access or update your personal information provided to us, please contact us anytime. Alternatively, you can edit your personal information in the Account Settings section of the ONLLY CASE official website and/or mobile app.

ONLLY CASE reserves the right to refuse registration of any account that violates intellectual property rights or may mislead or cause confusion with other users.

By registering with ONLLY CASE, you agree for ONLLY CASE to use your personal information provided (including the information submitted in your order(s) of products and services), including but not limited to your name and contact information, for marketing purposes related to ONLLY CASE.

When you register with ONLLY CASE, you will receive an email with a one-time password (OTP) for access to your account. Please keep your password confidential and you must not disclose it or share it with anyone. If you have questions or feedback about someone else potentially having access to your password, please contact us immediately at hello@onllycase.com. If ONLLY CASE has any reason to believe that there is a (potential) breach of security or misuse of the service, you may be required to change your password or ONLLY CASE may have to suspend your account.

You are solely responsible for keeping your ONLLY CASE account secure, including all the actions taken under your account, including creation of ONLLY Avatars, ONLLY CASE products, purchases and submission of any information via your account. You must avoid using any words or phrases or images or pieces of content in a manner that may mislead other users of your identity or that may appear to act in the name of others or that may cause ONLLY CASE or other users damage, harm or legal liability. Should such actions occur under your account, ONLLY CASE reserves all the rights to suspend or remove your ONLLY CASE account. ONLLY CASE is not liable for any actions or omissions by any user, including damage or harm or breach of security, caused by unauthorised use. Please also note that you may be liable for losses or harm or damage done to ONLLY CASE due to such unauthorised use.

In the event that there has been no activity in an ONLLY CASE account for a period of one year, we may suspend or remove that account.

If you have questions or feedback about any unauthorised use of your ONLLY CASE account or any other breach of security, please contact us immediately at hello@onllycase.com.

Use of Service

The use of the ONLLY CASE service usually occurs on the ONLLY CASE official website and/or the mobile app. Your interaction with ONLLY CASE on other communications channels, such as social media, email and marketing campaigns are also considered the use of our service.

You may not use the ONLLY CASE official website and/or the mobile app for the following purposes, and you will be responsible for any losses on the parts of ONLLY CASE and/or other users resulting from your breach of this provision:

(a) posting or spreading any unlawful, harassing, libellous, abusive, threatening, malicious, vulgar, obscene, or objectionable material or breaching any laws;

(b) posting or spreading material that encourages behaviour that may constitute a criminal offence, or otherwise breaches any laws, regulations or code of practices applicable to the ONLLY CASE official website and/or the mobile app;

(c) interfering with any other person's use or enjoyment of the ONLLY CASE official website and/or the mobile app; or

(d) making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.

You are solely responsible for the content that you create, post and display on the ONLLY CASE official website and/or the mobile app (the "Content"), including but not limited to ONLLY Avatars, graphic elements, text, links, usernames, screen names, photos, audio files, video files and comments posted under your account. We reserve the rights to suspend or remove any Content posted by you without notice. This may be done for reasons including but not limited to the following:

(a) The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content are infringed by the copying, downloading and use of the Content;

(b) If the intellectual property rights or proprietary rights of the Contents belong to a third party;

(c) The Content violates the privacy or publicity rights of any third party;

(d) Your ONLLY CASE Account username misleads your readers into thinking that you are another person or company; or

(e) any other reasons that ONLLY CASE finds the Content inappropriate.

Orders > Payments

Import taxes, duties or related fees might be levied in some countries or regions. The amounts quoted in ONLLY CASE orders do not include those costs. These charges, where applicable, are determined and charged by local customs, authorities or relevant parties. If any of these charges apply, you may need to pay for them to the respective authority prior to collection of your order. You should check with any related authority of the designated country or region of your order for such charges. ONLLY CASE is not responsible for any of these charges, and will not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with ONLLY CASE in advance.

By uploading Content for use on your customised products, you hereby represent, guarantee and declare that your Content does not infringe any laws, regulations and any other third party’s intellectual property and any other rights. We reserve the rights to not proceed with any Content, and cancel any order, which (a) infringes or may infringe third party trademarks, copyrights, any other intellectual property or other rights; (b) is, or is suspected to be, unlawful, threatening, defamatory, libellous, obscene or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law or regulation. You hereby agree to indemnify us and keep us indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by us arising from your Content.

Delivery > Shipping

STANDARD SHIPPING:

According to the shipping address, ONLLY CASE delivers the order using the standard local mailing services, with a tracking number for you to keep track of its progress.

EXPRESS DELIVERY:

With your selection of the express delivery option, ONLLY CASE delivers the order using a variety of express delivery services and at different costs, to be quoted based on the shipping address in the order. We provide a tracking number for you to keep track of its progress.

In an ONLLY CASE order, the shipping time required is estimated for the production and delivery of the products selected. For both standard shipping or express delivery, shipping time is estimated for normal circumstances, and is subject to delays caused by other factors. Delivery time is highly affected by the time of processing, logistics, customs and delivery in the process. ONLLY CASE cannot guarantee orders to be delivered by any given time.

Upon confirmation of an order, normally ONLLY CASE would produce the product(s) to order in three working days, swiftly followed by packaging and shipping.

According to your choice of shipping option, you can track your order with the tracking number provided via the following services:

- Hongkong Post

- SF Express

- DHL

- Other provided delivery service

The presentation of the package to the recipient will depend on the postal/delivery service provided in the country or region in question. The package will have to be signed for receipt acknowledgement in some cases. In some countries or regions, recipients may sometimes be required to pick up the package from the postal/delivery service's office. Please contact the postal/delivery service of your country to check the way packages are delivered.

Orders may or may not entitle free shipping service. For orders that qualify for free shipping service, they will be delivered via standard shipping. If entitled and provided, free shipping will apply only to the first shipment of the order. In case the first shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal/delivery service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal/delivery service, or the product is found to be defective when received. All shipping fees paid are non-refundable.

Returns > Replacements

In case of defects upon receipt of the product(s), please email us at hello@onllycase.com with photos of the defect(s) and order number for further investigation within 5 working days upon signed receipt of the shipment. Defects, including crack(s), break(s) and serious scratch(es), will be compensated either by refund or replacement of product(s) in question. Upon establishing the defect case, you would not have to send the product(s) with defect(s) back to ONLLY CASE.

In the event of refund, a refund of the product costs will be made in the chosen payment method in the order. Shipping costs will not be refunded. There will be a lead time for payment processing. Thank you for your understanding.

In the event of product replacement, ONLLY CASE will re-enter production for the product(s) to order and deliver via standard shipping. You will be notified with delivery information upon shipping.

We are committed to processing special requests for refund or replacement within 5 working days upon signed receipt of shipment. Any such requests after this designated period will not be accepted.

Only products with issues listed above will be refunded or replaced.

Product(s) with defect(s) not caused by ONLLY CASE, such as customer's choice of ONLLY Avatar designs, spelling errors, etc. will not be refunded or replaced.

Every customer will be subscribed to the ONLLY CARE service upon purchase and customers are entitled to a one-time product replacement within 3 months, starting from the date of purchase.

For product(s) with defect(s) not caused by ONLLY CASE, you can email us at wecare@onllycase.com with photos of the defect(s) and order number for further investigation within 3 months upon purchase. If the defect(s) is/are deemed to impact the functioning and aesthetics of the product(s), including crack(s), break(s) and serious scratch(es), we are happy to offer you the ONLLY CARE service within the designated period.

In the event of product replacement, ONLLY CASE will produce the product(s) in question to order with no cost. Shipping costs are excluded and to be quoted in each case.

Mobile App, Official Website > Intellectual Property

While we try our best to ever-improve our products and services, we cannot guarantee to meet all users' requirements. In case a fault or an error occurs on the ONLLY CASE official website and/or mobile app, please report it to us at hello@onllycase.com for our investigation and correction. Please also note that the ONLLY CASE official website and/or mobile app may restrict or suspend access for maintenance, repairs and/or addition of products, services, features and/or facilities.

The ONLLY CASE official website and/or mobile app may contain links to other websites and/or webpages ("Third Party Websites"). We do not review, do not control and are not responsible for any of the materials accessible through those links. Therefore, we are not responsible for their contents, policies and practices in question. By linking to a Third Party Websites, we do not intend to endorse it in any way. You must take precautions in protecting yourself and your device(s) against harm, including but not limited to computer viruses, worms, trojan horses programme, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third Party Websites.

The content we display on the ONLLY CASE official website and/or mobile app (the "ONLLY CASE Content") is protected by copyright, trademark, patent, trade secret, database and other intellectual property rights, which is either owned by or licensed to us. We hereby grant you a limited, revocable, non-sublicensable licence to use the ONLLY CASE Content (excluding any software code) solely for viewing and using the ONLLY CASE official website and/or mobile app. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the ONLLY CASE Content without written permission from us or the owner of the intellectual property rights. We do not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the ONLLY CASE logo, and all other trademarks, service marks, graphics and logos used in association with ONLLY CASE or on the ONLLY CASE official website and/or mobile app are the trademarks or registered trademarks or other intellectual property rights of ONLLY CASE or our licensors. Other trademarks, service marks, graphics and logos used in association with the ONLLY CASE official website and/or mobile app may be the trademarks or other intellectual property rights of other third parties. Your use of the ONLLY CASE official website and/or mobile app grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.

At ONLLY CASE we believe in respecting intellectual property rights - others' as well as ours. If you believe any material posted on or linked with the ONLLY CASE official website and/or mobile app violates anyone's copyright, please contact us at hello@onllycase.com. We are committed to making reasonable attempts to investigate such incidents and to remove any infringing material in question, where appropriate and necessary. We reserved the rights to suspend or terminate any user's access to the ONLLY CASE official website and/or mobile app in case of repeat infringements.

In case of suspected intellectual property rights infringement, please contact us at hello@onllycase.com and provide us with the following information for our investigation:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve all rights to amend these Terms of Service from time to time, to improve operation of the ONLLY CASE official website and/or mobile app and for legal and regulatory reasons.

Any material changes in these Terms of Service will be communicated to all registered users via the email addresses provided by them upon registration and by making a public announcement on the ONLLY CASE official website and/or mobile app.

What constitutes a material change will be determined at our sole discretion. If you continue to use the ONLLY CASE official website and/or mobile app, your use of the platform constitutes your agreement to be bound by the new Terms of Service, including the amendments. Therefore, if you do not agree to any part of the Terms of Service, please stop using the service.

We may introduce new products and/or services through the ONLLY CASE official website and/or mobile app in the future. Such new products and/or services will also be subject to these Terms of Service.

In case of breach of any of the user's obligations under the Terms of Service, we reserves all rights to suspend or terminate the user's ONLLY CASE account at any time, without prior notice and at our sole discretion.

If you wish to delete your ONLLY CASE account, please contact us at hello@onllycase.com.

Suspension or termination of any ONLLY CASE account shall not affect the rights and liabilities of the user and ONLLY CASE accrued until suspension or termination. All provisions outlined in these Terms of Service shall survive suspension or termination of any ONLLY CASE account, including and not limited to intellectual property, representations and warranties, indemnification, disclaimer of warranties and limitations of liability.

In case of any incorrect information, including but not limited to product feature, price and shipping limitation, we shall make our reasonable attempt to reflect the correct information. We also reserve all rights to reject any orders placed on the ONLLY CASE official website and/or mobile app.

You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, ONLLY CASE, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the ONLLY CASE official website and/or mobile app, including but not limited to your violation of these Terms of Service.

ONLLY CASE, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the ONLLY CASE official website and/or mobile app will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the ONLLY CASE mobile app and official website at your own discretion and risk.

You understand that when using the ONLLY CASE official website and/or mobile app, you will be exposed to content from internet sites or sources outside of it, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless ONLLY CASE, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the ONLLY CASE official website and/or mobile app. Further, if we are in breach of these Terms of Service, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the ONLLY CASE official website and/or mobile app. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through these channels being found to be unsafe or if something we do negligently causes death or personal injury.

To the fullest extent permitted under the applicable law, in no event will ONLLY CASE, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of these Terms of Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

Part of the ONLLY CASE official website and/or mobile app may contain advertising and sponsorship material from third party advertisers and sponsors, who will be solely responsible for ensuring that material submitted for inclusion on the ONLLY CASE official website and/or mobile app complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on these platforms.

We make no promise that material on the ONLLY CASE official website and/or mobile app is appropriate or available for use in locations outside Hong Kong. Access to the service from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the service from locations outside Hong Kong, you do so on your own initiative and you will be entirely responsible for compliance with local laws.

ONLLY CASE and users shall act independently and not as partner, joint venturer, agent, employee or employer of others. You shall not have any authority to assume or create any obligation for or on behalf of ONLLY CASE, express or implied, and you shall not attempt to bind us to any contract.

All users shall represent and warrant that their use of the ONLLY CASE official website and/or mobile app will be in strict accordance with our privacy policy, these Terms of Service and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which the ONLLY CASE official website and/or mobile app resides or the country in which you reside); and their use of the ONLLY CASE official website and/or mobile app will not infringe or misappropriate the intellectual property rights of any third party.

These Terms of Service shall constitute the entire agreement between ONLLY CASE and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of ONLLY CASE, or by the posting on the ONLLY CASE official website and/or mobile app of a revised version. Except to the extent the applicable law, if any, provides otherwise, these Terms of Service, any access to or use of the ONLLY CASE official website and/or mobile app will be governed by the laws of Hong Kong, and the parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. If any part of these Terms of Service is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by these Terms of Service. We may assign our rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Promotions, Gift Card > Special Offers

Promotional/discount codes (usually called 'Promo Code' on the ONLLY CASE official website and/or mobile app) are applicable only to items selling at original prices. Items that are already on sale and newly launched products are not eligible for further discount. For discounts that are applicable on second/subsequent item, lowest-priced item in the order will be the item to be discounted.

ONLLY CASE Gift Cards are sold subject to the following terms and conditions:

(a) Gift Cards are valid for 12 months from the date of purchase.

(b) Gift Cards are non-transferable and cannot be returned or redeemed for cash.

(c) Each Gift Card can only be used in one single order. If the order amount is less than the face value of the Gift Card, the value of the Gift Card in excess will not be refunded or retained.

(d) If your order amount exceeds the face value of the Gift Card, the shortfall above the value of your Gift Card must be paid during checkout.

(e) Physical Gift Card that are lost either in transit or after received will not be replaced.

(f) ONLLY CASE is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

(g) ONLLY CASE reserves the right to cancel a Gift Card if we deem such action necessary.

(h) Promotion codes cannot be applied to the purchase of Gift Cards.

(i) Gift Card cannot be used to redeem a certain kind of products, including but not limited to ONLLY CASE Gift Card and sale items.

(j) Sales tax and shipping cost remain chargeable on any products purchased with an ONLLY CASE Gift Card.

(k) Gift cards cannot be purchased or applied with any occasional special offer.

Should you have any questions regarding these Terms of Service, you can email us at hello@onllycase.com.

Any questions regarding your order or any products on offer can be sent to hello@onllycase.com.

Thank you for visiting ONLLY CASE!