Terms and Conditions

Last updated: November 11, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

[www.omarbay.com] acts solely as an intermediary platform that connects buyers and sellers. We do not sell products directly, nor do we control or process order cancellations, returns, or refunds. All transactions, including cancellations, are solely between the buyer and the seller.

Your Order Cancellation Rights

Seller's Right to Cancel Orders Sellers on our platform retain the full right to refuse or cancel orders at any time for reasons including but not limited to:

Buyers must refer to the specific cancellation policies of individual sellers before making a purchase.

Buyer's Order Cancellation Rights

Order cancellations and returns are subject to the seller's policies, not [www.omarbay.com]. Buyers must review and adhere to the seller's cancellation and return policies before completing a purchase.

[www.omarbay.com] is not responsible for refunds or disputes arising from canceled or undelivered orders. Buyers and sellers must resolve any issues directly.

Certain goods may not be eligible for cancellation or return, including but not limited to:

Availability, Errors and Inaccuracies

Product listings on [www.omarbay.com] are created and managed entirely by sellers. While we require sellers to provide accurate information, we do not guarantee the accuracy, completeness, or reliability of product descriptions, images, availability, or pricing.

Sellers may update or modify product information at any time, and discrepancies may exist between the displayed and actual product details. Buyers are encouraged to verify details directly with the seller before making a purchase.

[www.omarbay.com] is not liable for any errors, inaccuracies, omissions, or outdated information regarding product listings, availability, or pricing.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments and Disputes

Platform's Role in Transactions

[www.omarbay.com] acts solely as an intermediary platform connecting buyers and sellers. We do not process payments directly, nor do we hold funds or act as a payment provider. All transactions occur between buyers and sellers via third-party payment processors (such as PayPal, Stripe, or direct bank transfers).

However, in certain cases, [www.omarbay.com] may act as a third-party escrow service, where we temporarily hold payments to facilitate a secure transaction between the buyer and the seller. This service is only available if explicitly agreed upon by all parties before the transaction and is subject to additional terms and fees. In such cases, our liability is limited to the proper handling and disbursement of funds as per the agreed escrow terms.

Payment Processing

Responsibility for Payment Disputes

Fraud and Unauthorized Transactions

Compliance with Canadian and U.S. Financial Regulations

Transactions on [www.omarbay.com] must comply with applicable U.S. and Canadian financial laws, including but not limited to:

By using [www.omarbay.com], buyers and sellers acknowledge that payment transactions are conducted at their own risk, and the platform assumes no responsibility for any financial disputes or losses unless acting as an escrow intermediary under a formal agreement.

Marketplace Role; No Agency or Fiduciary

OMAR BAY LLC operates solely as a neutral marketplace provider and technology platform. We are not your agent, broker, dealer, auctioneer, merchant of record, consignee, or fiduciary, and we do not take title to goods. No partnership, joint venture, employment, or agency relationship is created between OMAR BAY LLC and any user by virtue of these Terms or use of the Service. Users are solely responsible for negotiating, entering into, and performing their own purchase and sale agreements.

OMAR BAY LLC operates www.omarbay.com as a third-party marketplace that allows independent sellers ("Sellers") and buyers ("Buyers") to discover, list, and transact watches and related goods. Except where explicitly engaged by all parties under a written escrow agreement, OMAR BAY LLC is not a party to purchase or sale contracts between users; does not take title to goods; does not manufacture, test, certify, or guarantee authenticity, condition, or description; and does not control or guarantee delivery, quality, safety, legality, or payment.

Funds and Payment Responsibility

Seller of Record; Seller Warranties. Each Seller is the seller of record and represents and warrants that all listings are accurate and not misleading, and that the goods are lawfully owned and may be sold free of liens. Seller is solely responsible for shipping, risk of loss until delivery, tax compliance, and post-sale obligations (returns, warranties, and after-sales support), subject to Seller's posted policy.

Buyer Responsibilities

Buyers must conduct independent due diligence, including authentication and condition checks, prior to remitting funds.

Off-Platform Transactions at Your Own Risk

Any transaction initiated or completed off the Platform (including by private messages, email, phone, Discord, Facebook, WhatsApp, or other apps) is at your sole risk and is not eligible for any platform assistance, verification, or dispute review.

Platform Reference Check & Transaction ID Requirement (Protection Eligibility)

To be eligible for any platform-facilitated assistance (including any voluntary support, basic verification, or—if applicable—escrow handling), the transaction must:

Transactions without a Platform Reference/Transaction ID or conducted off-platform (including deals that begin on our site but are completed elsewhere) are not covered by any platform assistance, verification, or dispute review. OMAR BAY LLC bears no responsibility for such transfers.

Escrow Transactions Policy

In certain cases, [www.omarbay.com] may act as a third-party escrow service to temporarily hold funds to ensure secure transactions between buyers and sellers. This escrow service is optional and is only available if all parties agree before the transaction.

If all parties explicitly agree in advance, OMAR BAY LLC may act as a third-party escrow to hold and disburse funds subject to separate Escrow Terms and applicable fees disclosed at or before engagement. In escrow cases, we may process limited identity and transaction data to verify parties, prevent fraud, and administer releases of funds. Our liability in escrow is strictly limited to proper handling and disbursement in accordance with the written Escrow Terms and applicable law. We do not guarantee product authenticity, quality, or shipment.

By engaging in an escrow transaction with [www.omarbay.com], buyers and sellers agree to abide by the escrow terms and conditions.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Verification; Monitoring; Enforcement

We may (but are not obligated to) request KYC/AML verification, screen listings, monitor activity, throttle feature access, place holds, remove content or listings, suspend or terminate accounts, or refuse service to protect users and the Platform, comply with law, or address suspected fraud, counterfeits, or policy violations. We may cooperate with law enforcement as legally required.

Data Protection & Privacy Policy

User Identity Verification

To prevent fraud and comply with U.S. and Canadian regulations, [www.omarbay.com] may require identity verification from buyers and sellers. This includes:

User data is stored securely and handled in compliance with:

[www.omarbay.com] does not share or sell user data to third parties without explicit consent, except in cases where law enforcement agencies require compliance.

Marketing Communications; Contact Data License

You grant OMAR BAY LLC a worldwide, royalty-free license to use your submitted contact data (e.g., phone numbers, emails, usernames/handles) to send transactional and marketing communications as described in these Terms and our Privacy Policy, until you opt-out using the mechanisms provided. We process personal information in accordance with our Privacy Policy.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our copyright agent via email at . Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

www.omarbay.com is not responsible for any disputes, losses, or damages resulting from transactions conducted on the platform. Any agreement between buyers and sellers is made directly between them, and the website is not a party to such agreements.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless OMAR BAY LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your listings, content, or transactions; (ii) your breach of these Terms or violation of law; (iii) alleged counterfeit, misrepresentation of authenticity, or title defects; (iv) off-Platform payments or dealings; or (v) your misuse of the Service or Community Channels.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

All products are sold "as is," without express or implied warranties, including but not limited to merchantability or fitness for a particular purpose.

The buyer is solely responsible for inspecting the watches before purchase and verifying authenticity through independent sources.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind to the fullest extent permitted by law.

No Professional Advice; No Authentication Guarantee

Information on the Service is for general informational purposes only and does not constitute appraisal, authentication, financial, or legal advice. OMAR BAY LLC does not guarantee the authenticity, condition, or value of any item.

Assumption of Risk

Acknowledgment of Risk

By using [www.omarbay.com], you acknowledge and accept that all transactions conducted through the platform are at your own risk. [www.omarbay.com] operates as an intermediary platform facilitating connections between buyers and sellers, and we do not verify the authenticity, quality, or condition of products listed.

As a result, users must exercise due diligence when engaging in transactions. You understand and agree that:

No Guarantees or Warranties

[www.omarbay.com] does not provide warranties, express or implied, regarding:

You acknowledge that any transaction conducted through [www.omarbay.com] is done at your own discretion and risk. If a dispute arises, you agree to seek resolution directly with the other party involved without holding [www.omarbay.com] liable.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMAR BAY LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, LOST DATA, LOSS OF GOODWILL; OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE, LISTINGS, TRANSACTIONS, PAYMENTS, CHARGEBACKS, SHIPPING/DELIVERY, AUTHENTICITY/CONDITION, OR THIRD-PARTY SERVICES—EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WHERE LIABILITY CANNOT BE EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF OMAR BAY LLC FOR ALL CLAIMS IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY SHALL NOT EXCEED THE GREATER OF USD $100 OR THE SERVICE FEES ACTUALLY PAID BY YOU TO OMAR BAY LLC IN THAT PERIOD. NOTHING HERE LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING FOR FRAUD, WILLFUL MISCONDUCT, BODILY INJURY OR DEATH). CANADIAN CONSUMERS RETAIN ANY NON-WAIVABLE STATUTORY RIGHTS (INCLUDING IN QUEBEC).

Fraud and Illegal Activities

Prohibited Conduct

To maintain a secure and lawful marketplace, the following activities are strictly prohibited on [www.omarbay.com]:

Any user found engaging in fraudulent, deceptive, or illegal activities will have their account immediately suspended or banned, and [www.omarbay.com] may report such activities to law enforcement authorities in the U.S. and Canada.

Compliance with U.S. and Canadian Laws

Users of [www.omarbay.com] must comply with all applicable laws and regulations, including but not limited to:

Failure to comply with these regulations may result in legal action, account suspension, and potential criminal liability.

Reporting Fraudulent Activities

If you suspect fraudulent activity on [www.omarbay.com], you should:

Platform's Right to Take Action

[www.omarbay.com] reserves the right to:

By using [www.omarbay.com], you acknowledge that compliance with all applicable fraud prevention measures is your responsibility, and that failure to adhere to these guidelines may result in account termination or legal consequences.

Prohibited Conduct & Compliance (US & Canada)

You agree not to:

You must comply with applicable laws, including U.S. FTC Act, EFTA/FCBA, state consumer laws, Canadian Competition Act, provincial consumer protection statutes, PIPEDA (privacy), CASL (anti-spam), and AML/KYC obligations required by payment institutions.

OMAR BAY LLC may suspend or terminate accounts, remove listings, and cooperate with law enforcement where legally required.

Prohibited Items

You may not list, market, or sell: counterfeit or replica goods; stolen property; items infringing IP or brand protections; items violating import/export, sanctions, or customs laws; recalled or unsafe goods; or goods requiring licenses you do not hold. OMAR BAY LLC may remove listings suspected of violating this clause without notice.

Messaging, Marketing & Community Channels (US & Canada)

By providing your contact information to OMAR BAY LLC—via the website (www.omarbay.com) or by joining/interacting with any official community channels (including Discord, Facebook, WhatsApp, Bay Group, and Canada Watch Group)—you consent to receive communications from OMAR BAY LLC, including transactional (alerts, OTP codes, order updates) and promotional messages (SMS/MMS, email, in-app, push, platform DMs) related to our products, services, and events. Messages may be sent using automated technologies. Consent is not a condition of purchase. Message/data rates may apply. Opt-out anytime: reply STOP for SMS/MMS, use unsubscribe links for email, or adjust settings on relevant platforms. See our Privacy Policy for details and your rights under TCPA (U.S.) and CASL (Canada).

User content posted in groups remains the user's responsibility. OMAR BAY LLC is not responsible for third-party platform outages, delivery failures, or moderation limitations.

Quebec Consumers

Nothing in these Terms limits non-waivable rights under Quebec consumer protection law. To the extent any class action waiver or arbitration provision is not enforceable under Quebec law, such provision shall not apply to Quebec residents.

Mobile Messaging Terms (US & Canada)

By providing your phone number, email, or messaging handle to OMAR BAY LLC—on the Website (www.omarbay.com), within the App, at checkout, via lead forms, or by joining/engaging with our official community channels (including Discord, Facebook, WhatsApp, "Bay Group," and "Canada Watch Group")—you consent to receive recurring communications from OMAR BAY LLC, including transactional alerts (e.g., authentication codes, order updates) and promotional/marketing messages via SMS/MMS, email, in-app/push, or direct messages on those platforms. Messages may be sent using automated technologies. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies.

Opt-Out

You may opt out at any time: reply STOP to SMS/MMS; follow unsubscribe instructions in emails; or adjust settings/leave the relevant social/messaging channel. For help, reply HELP (SMS/MMS) or contact us via the "Contact" page.

U.S. (TCPA/CTIA)

We comply with the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. You represent you are the subscriber or customary user of the number provided and will promptly notify us of number changes. Carriers are not liable for delayed or undelivered messages.

Canada (CASL)

By opting in, you consent under Canada's Anti-Spam Legislation (CASL) to receive commercial electronic messages from OMAR BAY LLC. You may withdraw consent at any time using the methods above. Our business address is listed in these Terms.

Third-Party Platforms

Delivery, uptime, and moderation within Discord, Facebook, WhatsApp and similar platforms are outside our control. We are not responsible for outages, filtering, or delivery failures by carriers or those platforms.

Records

We may maintain records of your messaging consent and preferences to demonstrate compliance with applicable law.

Transaction Logging & Recordkeeping

You acknowledge and agree that all buying/selling activity and related communications conducted through the OMAR BAY LLC Platform (including www.omarbay.com, the App, and official community channels when used as part of a transaction) may be logged, recorded, and retained by us, including without limitation: listing data, user/account identifiers, timestamps, offer and consideration amounts, shipping and billing details, transaction/reference IDs, order status events, and on-Platform messaging.

We use such records to operate the Service; prevent, detect, and manage fraud; perform verification and regulatory compliance (including AML/KYC where applicable); handle disputes; conduct audits; and meet tax and legal obligations.

Retention & Categories

We retain transaction records and associated communications for not less than seven (7) years, or longer where required by law or reasonably necessary to protect our rights or resolve an active dispute. We may keep aggregated/de-identified data for analytics and service improvement.

Security & Processors

We implement reasonable technical and organizational safeguards. Payment information is processed by third-party payment providers that comply with PCI-DSS; we do not store full card numbers or CVV codes. We may share transaction records with our service providers as needed to operate the Platform pursuant to our Privacy Policy, and with competent authorities where legally required.

Scope & Off-Platform Deals

Transactions completed off-Platform (e.g., via private messages or external apps) are at your sole risk; however, we may retain any materials or evidence you voluntarily submit to us for verification or to address a dispute related to your Platform use.

Rights & Compliance

Our processing is subject to applicable U.S. privacy laws (including CCPA/CPRA where applicable) and Canadian law (PIPEDA), as detailed in our Privacy Policy. You may have rights to access/correct/delete data or withdraw marketing consents as described there. This logging is necessary to perform the contract and for our legitimate interests in securing the Service, fraud prevention, and compliance.

Community Channels & Off-Platform Recordkeeping

Our recordkeeping extends to all official OMAR BAY LLC community channels, including (but not limited to) Facebook groups, WhatsApp groups, Discord servers, and the BAY application.

By joining or interacting in these communities, you acknowledge and agree that communications, messages, posts, and transactions occurring in these channels may be logged, recorded, and linked to your account profile within our system.

A unified user record is maintained for each participant, consolidating on-platform and community-based activity. This record is used to provide account history, perform periodic refreshes and data updates, verify identities, prevent fraud, enhance marketing personalization, and improve platform functionality.

OMAR BAY LLC retains these logs — including historical archives of community data collected over the past three (3) years and ongoing — for legal compliance, operational transparency, fraud prevention, and service optimization.

All processing complies with applicable privacy laws in the U.S. and Canada (CCPA/CPRA and PIPEDA).

Governing Law & Binding Arbitration (with Canada carve-outs)

Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws rules, except that residents of Canada also benefit from any non-waivable rights under federal and provincial laws (including provincial consumer protection statutes).

Binding Arbitration & Dispute Resolution (U.S. & Canada)

U.S. Users: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration before the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable). Venue: Wyoming, USA (or video/teleconference where permitted). Class actions are waived to the extent permitted by law. Small-claims court is available for qualifying matters.

Canadian Users: Disputes shall first be submitted to binding arbitration administered by the ADR Institute of Canada, Inc. (ADRIC) under the ADRIC Arbitration Rules, seated in the province of the user or via remote proceedings where permitted. Class actions are waived to the extent permitted by applicable provincial law. This clause does not limit any non-waivable statutory rights (including rights to bring certain claims to a provincial authority or tribunal where required by law).

Injunctive Relief / IP: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect IP or curb misuse pending arbitration.

Opt-Out (U.S. & Canada)

You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to the contact address on our website; your notice must include your name, account email, and a clear statement opting out. If you opt out, disputes will be resolved in the courts of Wyoming, USA, subject to applicable choice-of-law rules and any Canadian non-waivable rights.

Class Action and Jury Trial Waiver (where permitted)

To the fullest extent permitted by applicable law, each party waives the right to a jury trial and to participate in a class, collective, consolidated, or representative proceeding. This waiver does not apply where prohibited by provincial or federal law.

Legal Compliance; Taxes; Force Majeure

You are responsible for complying with import/export, sanctions, and tax obligations in your jurisdiction. OMAR BAY LLC is not responsible for collecting or remitting taxes on behalf of users unless required by law and expressly stated on the platform.

OMAR BAY LLC is not liable for delays or failures caused by events beyond reasonable control (force majeure), including platform or carrier outages, cyberattacks, regulatory actions, or natural disasters. Services may be suspended or modified as reasonably necessary.

Taxes

Sellers are solely responsible for determining, collecting, reporting, and remitting any and all taxes, duties, or fees arising from their sales. OMAR BAY LLC is not responsible for tax obligations unless explicitly required by law and expressly stated on the Platform.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Notices

We may provide notices via email, in-product messages, push notifications, or by posting on the Website/App. Notices are effective when sent or posted.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OMAR BAY LLC's prior written consent. OMAR BAY LLC may assign these Terms in connection with a merger, acquisition, or sale of assets.

Survival

The following provisions survive termination: No Agency/Fiduciary, Marketplace Role, Off-Platform Transactions, Escrow limitations, Intellectual Property, Indemnification, Disclaimers, Limitation of Liability, Transaction Logging & Recordkeeping, Export/Sanctions, Governing Law & Arbitration, and this Survival clause.

Force Majeure Clause

[www.omarbay.com] shall not be held liable for any failure to perform obligations due to circumstances beyond our control, including but not limited to:

In such cases [www.omarbay.com] reserves the right to:

Users acknowledge that [www.omarbay.com] is not responsible for losses, delays, or damages resulting from force majeure events.

Severability; Non-Waiver; Changes

If any provision is unenforceable, it will be modified to the minimum extent necessary to be valid, and remaining provisions will continue in full force. Failure to enforce a right is not a waiver. We may update these Terms; material changes will be posted with reasonable prior notice where required. Continued use constitutes acceptance.

Conclusion

By using [www.omarbay.com] , buyers and sellers acknowledge that transactions are conducted at their own risk, except in cases where we explicitly act as an escrow intermediary. Users further agree to:

Failure to comply with these policies may result in account suspension, removal from the platform, or legal action.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: https://omarbay.com/#contact