Terms of usage

Summary of Terms

On this page, you will find information about Onion and the legal terms and conditions that govern your use of the Onion Website and App (described below). Additionally, if you want to know how we use your personal information, please refer to our Privacy and Cookies Policy (found on our Website). 

To improve our App, Website, and services, we may collect technical data about your device. 

Our Website, App, and services are provided to you on the basis of the Terms. Please read them carefully and ensure that you understand them before using them. When you use the Website, App or services, you confirm that you accept these terms. 

Key words and meaning

Accessing our App

We provide our webApp for free, but charge for the services accessible through the app. In the Website and App, as well as the content published within them, we are the sole owner or licensee of all intellectual property rights. All rights to those works, including trademarks and copyright, are reserved by laws and treaties.

Security and Identity

We advise you not to let anyone else access the app (or any service you can access with the app) using your device or otherwise. 

Keeping the app secure requires reasonable measures, such as the following: 

• Be vigilant and careful that no one else can access your account on the app;
• Keep your security information safe and confidential, and never share it with anyone else (remember we will never ask you for all of your security information);
• Delete your account from the app device if you are no longer using it;
• Follow any other instructions we give you to keep the app secure; and
• Inform us immediately if you become aware that anyone else has access to your user account on the app.

When you notify us that you believe your security information has been compromised or that someone else has access to your account, we will suspend your use of the app.

Permissions and Usage

We permit you to use our Website and the App to access the services we make available from time to time, provided that you must not do any of the following:

• Access without authority, interfere with, damage or disrupt any part of the services, App or Website or their security measures, any servers, other equipment or networks connected to the services, App or Website or on which their stored or any software used in their provision, or attempt to do any of these things; use the services, App or Website to transmit any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses");
• Inject content or code or otherwise alter or interfere with the way any page of the services, App or Website is rendered or displayed in a user's browser or device;
• Access the services, App or Website via a means not authorised by us, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with our express consent), or allow anyone else to use your permission, which is personal to you;
• Investigate and reproduce our code, or try to analyse or reverse engineer the app or services, or any part of them;
• Change, modify, adapt or alter the services, App or Website, or change, modify, adapt or alter another website to inaccurately imply an association with any service, the App or Website or otherwise with Onion;
• Provide us with any information which is not accurate or truthful, or act in bad faith when using the App, Website or services; or
• Use the App, Website or services in any way that is illegal or could otherwise bring us into disrepute.

Third-party websites and services

Suppose you use the website or software provided by a third party, for example. In that case, any websites with a link to our App, Website or services, your use of those third-party websites and services is subject to the rules and policies of the relevant website or service. 

Our App, Website and/or services, or communications from us, may include links to third-party websites, applications or features ("Third Party Services") provided for your information and additional services. Third-Party Services are used at your own risk, and we do not endorse, control or maintain them. Accordingly, we will not be liable to you for any loss or damage arising from your use of Third Party Services. 

Data usage

You are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the App, Website or any service.

Availability and changes to our App or Website

We do not guarantee that the App or Website will be available at all times or without interruption. We may make changes or updates to the App or Website at any time, subject to these terms and conditions. We will try to include a notification on the App and Website to inform you of any scheduled downtime or upgrades. However, there may be times when the app is unavailable due to unforeseen circumstances or outside our control. In addition, we may have to disable access to the App and/or Website temporarily for security reasons (for example, to prevent unauthorised access to our services or the risk of damage to our systems). We shall not be liable to you in these circumstances. Finally, we do not guarantee that our content will be free from errors, omissions or viruses. You are responsible for having your virus protection software and your internet connection security. We shall not be liable for any loss or damage you incur as a result of any errors, omissions or Viruses.

Security and Identity

We can change our Terms from time to time. We can make changes for the following reasons:

• Because of changes in law or regulation, which affect how we provide the App or Website;
• Because of changes we make to our services, including where we remove services or add new services;
• To make a change which is for your benefit; and/or
• For any other reason that we can't foresee provided it is reasonable for us to make the change in the circumstances. When we make a change, we will act reasonably and proportionately, considering the reason for the change.

Before any changes are implemented and the updated Terms take effect, we will try to provide advance notice to you, unless we make a legal or administrative change that prevents us from providing such notice, or if we introduce new features that do not affect the App or Website's current operation. We will notify you of the change by email or using any of the other contact details you have provided, and we will also make the updated Terms available on the App and/or Website

Permissions and Usage

We permit you to use our Website and the App to access the services we make available from time to time, provided that you must not do any of the following:

• Access without authority, interfere with, damage or disrupt any part of the services, App or Website or their security measures, any servers, other equipment or networks connected to the services, App or Website or on which their stored or any software used in their provision, or attempt to do any of these things; use the services, App or Website to transmit any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses");
• Inject content or code or otherwise alter or interfere with the way any page of the services, App or Website is rendered or displayed in a user's browser or device;
• Access the services, App or Website via a means not authorised by us, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with our express consent), or allow anyone else to use your permission, which is personal to you;
• Investigate and reproduce our code, or try to analyse or reverse engineer the app or services, or any part of them;
• Change, modify, adapt or alter the services, App or Website, or change, modify, adapt or alter another website to inaccurately imply an association with any service, the App or Website or otherwise with Onion;
• Provide us with any information which is not accurate or truthful, or act in bad faith when using the App, Website or services; or
• Use the App, Website or services in any way that is illegal or could otherwise bring us into disrepute.

Third-party websites and services

Suppose you use the website or software provided by a third party, for example. In that case, any websites with a link to our App, Website or services, your use of those third-party websites and services is subject to the rules and policies of the relevant website or service.

Our App, Website and/or services, or communications from us, may include links to third-party websites, applications or features ("Third Party Services") provided for your information and additional services. Third-Party Services are used at your own risk, and we do not endorse, control or maintain them. Accordingly, we will not be liable to you for any loss or damage arising from your use of Third Party Services.

Data usage

You are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the App, Website or any service.

Availability and changes to our App or Website

We do not guarantee that the App or Website will be available at all times or without interruption. We may make changes or updates to the App or Website at any time, subject to these terms and conditions. We will try to include a notification on the App and Website to inform you of any scheduled downtime or upgrades. However, there may be times when the app is unavailable due to unforeseen circumstances or outside our control. In addition, we may have to disable access to the App and/or Website temporarily for security reasons (for example, to prevent unauthorised access to our services or the risk of damage to our systems). We shall not be liable to you in these circumstances. Finally, we do not guarantee that our content will be free from errors, omissions or viruses. You are responsible for having your virus protection software and your internet connection security. We shall not be liable for any loss or damage you incur as a result of any errors, omissions or Viruses.

Changes to our Terms

We can change our Terms from time to time. We can make changes for the following reasons:

• Because of changes in law or regulation, which affect how we provide the App or Website;
• Because of changes we make to our services, including where we remove services or add new services;
• To make a change which is for your benefit; and/or
• For any other reason that we can't foresee provided it is reasonable for us to make the change in the circumstances. When we make a change, we will act reasonably and proportionately, considering the reason for the change.

Before any changes are implemented and the updated Terms take effect, we will try to provide advance notice to you, unless we make a legal or administrative change that prevents us from providing such notice, or if we introduce new features that do not affect the App or Website's current operation. We will notify you of the change by email or using any of the other contact details you have provided, and we will also make the updated Terms available on the App and/or Website.

Warranties

You are solely responsible for all information, products and other content you access through the App and Website (including those from third parties). The App and Website are each provided on an "as is" and "as available" basis. All warranties, whether express or implied, are disclaimed in relation to the App, Website, and all information, products, and other content (including those of third parties) included or accessible on or through the App, Website, or any service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that:

• The Website or App will be uninterrupted, timely, secure, or error-free;
• The Website or App will meet your expectations or be appropriate for your needs; or
• Any errors in the technology will be corrected.

Any material downloaded or otherwise obtained through the use of the App or Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from us through or from the app, or website will create any warranty not expressly stated in these Terms.

Our liability

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under Delaware law. Subject to the above, and to the extent permitted by applicable law, we will not be liable to you in connection with the App or Website (including your use or inability to use any of them) for:

• Any loss or damage that was not caused by our fault, or the fault of some other person who we are legally responsible for (such as our agents);
• Loss of profits or goodwill;
• Any statement or conduct on or via the App or Website by any third party;
• Loss of data which is caused by factors other than those set out above, or our breach of any other statutory duty;
• The cost to you of obtaining goods or services as substitutes for the app; or
• Any other loss or damage suffered by you in connection with the App or Website.

In the event that we breach these Terms or if we are negligent, we are responsible for any loss or damage you suffer that is foreseeable. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or, at the time that you accepted these Terms, both you and we contemplated that it might happen. We will not be liable to you for any failure or delay in performing any of our obligations under these Terms to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

Termination and suspension

In the event of any of the following, we may suspend or terminate your use of the app or website:

• You have seriously or persistently breached these Terms;
• We reasonably believe you gave us false information when you set up your user account and, if we had known the truth, we wouldn't have allowed you to use the app, and/or website;
• We reasonably believe that your user account is being used, or looks like it's going to be used, for something illegal;
• You threaten or are violent towards our staff;
• We have to for legal or regulatory reasons;
• You are not eligible to use the App or Website; or
• You are declared bankrupt (or undergo an equivalent process).

In addition, we can close your user account and terminate your use of the app by giving you at least two months' notice.

Stopping use of the app

If you wish to cancel your user account and stop using the app, or if you wish to revoke your consent to us accessing information relating to any account or accounts, you can do so in the app or by emailing hi@useonion.com. However, you should remember that if you stop using the app, you will not be able to use any of the services we make available through the app.

Linking to our website

You may link to any page of our website, provided that you:

• Do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so;
• Must not suggest or imply that you have any form of association, approval or endorsement with us;
• Must not remove, obscure or modify any advertisements, copyright notice or other information on our website;
• Ensure the location in which you are linking must comply in all respects with the content standards set out in these Terms, and we reserve the right to withdraw linking permission without notice; and
• Ensure our website is not framed on any other website. If you wish to use any of our content other than as set out above, please send a request to: hi@useonion.com.

General provisions & applicable law

You cannot assign, sub-license, or otherwise transfer any of your rights and/or obligations to any third party under these Terms. We can assign, sub-license or otherwise transfer to any third party at any time any of our rights and/or obligations under these Terms. Suppose any provision of these Terms is invalid for any reason. In that case, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect. If either Onion or you fails to exercise any right or remedy under these Terms, that will not affect our or your right to exercise that right or remedy. These Terms are governed by Delaware law.

If you or we have a claim (whether this is contractual or non-contractual) arising from or relating to these Terms, the following courts will be able to hear that claim (on a non-exclusive basis):

• The courts of Delaware, if you live in the USA
• The courts of the United States of America, in all other cases.

Contacting each other

If you need to contact us, you can do so by email at the following address: hi@useonion.com.

If we need to contact you, we will use the email address or phone number you provide when you sign up, use the App or Website, or directly through the app. If these details change, please let us know.

Complaints and Issues

If you would like to make a complaint, please use the help center option on the footer of our website, available at www.useonion.com.