Terms and Conditions
By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms and Conditions and other Policies with immediate effect. These Terms and Conditions and other Policies are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms and Conditions and other Policies as so modified.
References in these Terms and Conditions to “you” (or similar) are references to you as an individual or legal entity as the case may be.
The Site is an e-commerce platform that allows enterprise users from Oman Only to buy products.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
1. ELIGIBILITY AND REGISTRATION REQUIREMENTS
· You are eligible to register and benefit from the products we offer if you meet the following eligibility criteria:
o you are above the legal age for purchasing products in Oman; and
o you are able to provide an address in the Oman for delivery of products.
· In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
· Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms and Conditions.
2. YOUR OBLIGATIONS
· When using or accessing the Services, you agree that you:
are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
· When using or accessing the Services, you agree that you will not:
post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
1. content or items that may be considered culturally or religiously offensive in any way;
2. content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
3. content or items that may threaten national security;
4. content or items which may constitute or be considered to promote gambling;
5. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description
§ use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
§ fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
§ take any action that may undermine the Site’s feedback and ratings systems;
§ post false, inaccurate, misleading, deceptive, defamatory or similar content;
§ transfer your account to another party without our prior written consent;
§ distribute or post spam, unsolicited or bulk electronic communications or similar;
§ distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
§ the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights” ) that belong to or are licensed to us; or
§ any Intellectual Property Rights that belong to third parties;
§ circumvent any technical measures we use to provide the Services.
3. INTELLECTUAL PROPERTY RIGHTS
Except for the rights expressly granted under these Terms and Conditions:
1. all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
2. all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
You agree that you have no right to use any of our trademarks without our prior written consent.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.
4. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
The Product are provided to you on an “as is” basis from Agent and dealer, warranties or conditions of any kind will be provided from the dealer we purchase the product from. We disclaim all warranties outside of dealer or agent, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings.
5. LIABILITY & INDEMNITIES
Nothing in these Terms and Conditions shall limit or exclude a party’s liability:
1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
2. for death or personal injury caused by the negligence of that party; or
3. for any other liability that cannot be limited or excluded under applicable law.
Subject to clause 5.1, in no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms and Conditions for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
1. the content or other information you provide when using the Services;
2. your use of or your inability to use our Services;
3. pricing, shipping, format or other guidance provided by us;
4. delays or disruptions in our Services;
5. viruses or other malicious software obtained by accessing or linking to our Services;
6. bugs, errors or inaccuracies of any kind in our Services;
7. damage to your hardware device from the use of products sold on the Site or our Services;
8. the content, actions or inactions of third parties using our Services;
9. a suspension or other action taken by us with respect to your use of the Services;
10. the duration or manner in which your listings appear in search results; or
11. your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms and Conditions.
Subject to clause 5.1, if clauses 5.2 or 5.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions shall be limited to the lower of:
1. the price the item sold for on our Site and its original shipping costs; and
2. the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or
3. OMR 30.
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
1. any claims or demands made by any third party due to or arising out of your use of the Services;
2. your violation of any of the provisions of these Terms and Conditions, including, without limitation, any of the warranties, representations and undertakings;
3. your violation of any applicable laws, including, without limitation, data protection or anti-spam laws.
6. SUSPENSION, TERMINATION & CANCELLATION
Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
7. REPORTING VIOLATIONS OF THESE TERMS AND CONDITIONS
We are committed to ensuring that listed items and content on our Site comply with these Terms and Conditions. If you believe that a listed item or content breaches these Terms and Conditions, please notify us on the email address [email protected].
8. DISPUTE RESOLUTIONS
If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms and Conditions, including any non-contractual rights or obligations arising out of or in connection with these Terms and Conditions shall be referred to and finally resolved by arbitration under the The Public Authority for Consumer Protection, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be The Public Authority for Consumer Protection. The language to be used in the arbitration shall be Arabic or English.
9. GOVERNING LOW
These Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Sultanate of Oman.
You may contact us through email, social media or live chat on the Site, or by calling our call us at +968 94411773.