BY INSTALLING AND USING THE MOBILE APPLICATION, WEBSITE WWW.OPLLY.COM OR OPLLY APPS OR AND ANY OF THE SERVICES, FEATURES, CONTENT OR APPLICATIONS OF OPLLY APP LTD (COMPANY or WE), OFFERED THROUGH ITS APPLICATION (COLLECTIVELY REFERRED TO AS SERVICES) YOU AS A USER, INCLUDING USERS WHO ARE CONTRIBUTORS OF CONTENT, AGREE TO THESE TERMS OF USE READ TOGETHER WITH VARIOUS POLICIES INCLUDING BUT NOT LIMITED TO THE CANCELLATION & REFUND POLICY AND PRIVACY POLICY AS AVAILABLE ON THE APP.
We enhance and update the App and Services often. We may change or discontinue the Terms of use, the App or Services at any time, with or without notice to you. You can determine the applicable terms by referring to the LAST UPDATED legend above. It shall be your responsibility to check terms periodically for changes. Company may require you to provide your consent to the updated terms in a specified manner before any further use of the Services is permitted. If no such separate consent is sought, your continued use of the App and Services, following changes to these terms, will constitute your acceptance of those changes.
Notwithstanding anything contained herein, if you breach the Terms of Use or Privacy Policy or other rules and policies, Company reserves the right to take any legal or other action including but not limited to denying or revoking access, referral to the appropriate authorities.
Through the App and Services, you have the opportunity to purchase Video Message from celebrities and influencers. A Video Message includes the text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
Age: You must be at least 16 years old to use our Site.
Eligibility Representations and Warranties: You represent and warrant that:
Through the App and Services you may submit a request which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the App and refunds will be initiated as per our Cancellation and refund Policy for cancelled and rejected requests.
Company does not review or modify any content uploaded by a user. Company does not endorse any content submitted to it by any user, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with the content. Notwithstanding the above, Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, a request contrary to General Provisions: Clause 6 or upon receipt of claims or allegations from third parties or authorities), or for no reason at all. Your interactions with third parties, including users and celebrities and influencers, found on or through the App are solely between you and such third party; however, Company may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with the Company if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any user including a celebrity or influencer except as expressly permitted through our App. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our App.
The App and website services may contain links to other websites and online resources, including to payment gateways. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
We may offer promotional offers from time to time, including discount codes, vouchers, coupons, or account credits (“Vouchers”), that may be subject to expiration dates and such terms as listed therein at the time of purchase. Notwithstanding any additional terms of issue of such Vouchers, the following shall apply:
We own or license all right, title, and interest in and to (a) the App and website services, including all software, text, media, look and feel of the App and Services and (b) our trademarks, logos, and brand elements.
We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at hello@oplly.com
The Company is an intermediary and unless otherwise specified, all content on the App is user generated. Although Company is not obligated to monitor access to or use of the Services or to review or edit any content, Company has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements. Company will remove all content submitted by you, if properly notified that such content infringes on another’s intellectual property rights. Company has the right to investigate violations of these Terms of Use or conduct that affects the App and/or the website services. You agree to cooperate fully with Company in any such investigation. Company may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Upon your continued compliance with these Terms of Use, you have a non-exclusive, worldwide license to use a Video Message purchased on the App, for your own personal, non-commercial, and non-promotional purposes. A Video Message is licensed and not sold to you. You may not modify or edit a Video Message or re-sell your rights in anyway. If you breach any of the provisions herein, your license to the Video Message is terminated with immediate effect and without further notice.
The grant and continuation of the above licence is conditional upon your compliance with these terms, our https://oplly.com/policies Privacy Policy and any rules or policies applied by us or any app store provider from which you downloaded an App.
You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Video Message or the Services.
By use of the platform for delivering the Video Message uploaded by you, you hereby grant Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the Video Message in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the App and/or the Services in any media formats and through any media channels. You provide Company the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the Video Message uploaded by you.
We are committed to respecting your privacy and the privacy of all individuals using the Services. More information regarding how we may use your personal data can be found in our https://oplly.com/policies Privacy Policy. By using any of the services, you agree to the terms laid out in our Privacy Policy which is incorporated into these terms by reference.
In addition to the prohibitions imposed on you under applicable law, you agree not to do any of the following:
Post, request for, upload, publish, submit or transmit any content that:
You shall indemnify and hold harmless Company (including its affiliates, subsidiaries, group companies), its directors, advisors, employees, agents, partners, suppliers or content providers, from any claim or demand, or actions including reasonable attorneys; fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party. Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the App will be compatible with all hardware and software which you may use.
To the fullest extent permitted by law, Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of App’s or the of any sites linked to the App. The Services, Video Messages and content are provided AS IS AS AVAILABLE and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the App or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, VIDEO MESSAGE, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECIEVED BY US FROM YOU WITHIN THE LAST 12 MONTHS TOWARDS THE SERVICES.
You understand and agree that we have set our prices and entered into these Terms of Use with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.
Some Celebrities may offer Video Messages for the promotion of a Recipient that is a commercial entity, brand, or business through our App. When you submit a request for a Promo Video Message, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request the Celebrity to mention or refer to.
Our Policy for the cancellation and refund will be as follows:
Charges displayed on the site are all inclusive (Details of which is displayed with the order). The USD, or other foreign currency prices shown on the site are only indicative and for your reference. Therefore, the amount charged is the BDT value which is converted at the actual prevailing conversion rate while passing on the order to the payment gateway.
We accept most International and Bangladeshi Credit and Debit Cards and also offer other payment options.
If your request has not been completed within the Delivery Period* or has been rejected, we shall refund to you the purchase amount. Refunds, to the same payment method as was used at the time of purchase, will be initiated no later than 30 business days from notification of rejection or expiry of Delivery Period as the case maybe. Where purchases were made using international credit or debit cards or international payment options, the actual amount of payment or refund where applicable, may vary from the displayed price or refund amounts based on your card issuer’s or payment gateway policies.
If the standard time-frame as mentioned above has passed and you have still not received the refund, please contact your credit or debit card issuer or your bank for more information. In some cases where an international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank.
If you have any questions about our Returns and Refunds Policy or your expected refunds, please contact us at hello@oplly.com
Subject to your payment in full, the Celebrity hereby grants to you the following limited rights to use the Promo Video Message solely for the reasonable promotional purposes of the Business for 90 days from the date the Promo Video Message is sent by OPLLY to you (and for any additional 90-day periods that have been agreed), subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Promo Video Message only on: (A) one website and (B) social media account, such as Facebook, Instagram, LinkedIn, SnapChat, TikTok, or Twitter; in each case, where the website and social media account is wholly-owned, operated, and controlled by the Business; and the right to advertise and promote the display of the Promo Video Message on the social media account through advertising only on the applicable social media platform.
You may sublicense your rights in a Promo Video Message only to the extent necessary for you to use the Promo Video Message as permitted under these Terms. To request an additional 90-day period, contact us at hello@oplly.com
You represent and warrant that: any information provided to Celebrity is factually correct and not misleading and is not disparaging or defamatory; you and the Business will comply with all applicable laws, rules, and regulations or other disclosure to the Promo Video Message; and you have all rights necessary (including from the Business) to request a Promo Video Message on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Promo Video Message as authorized in these Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.
Privacy Policy applies to all users of the Services, including users who are also contributors of content. “Content” includes the text, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audio visual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.
Delivery Period: The expected date of delivery notified to you at the time of purchase.
Please contact us at hello@oplly.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this App.
