1. Introduction
- 1.1 www.omanmade.com is an Omani directory and database. You can register and create a profile on our website, and use our platform to promote your products and/or services to potential consumers both in Oman and all over the world, and from a wide range of business sectors.
- 1.2 This platform allows users to find new buyers and suppliers, expand their business, increase sales, receive leads, enhance their online presence, lower marketing costs, access our database and reach a broader audience. Membership on our platform consists of four packages: Free, Starter and Unlimited.
- 1.3 These terms and conditions were curated with the purpose of regulating your use of our website, and by selecting and registering for your preferred package, you accept our terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- 1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you confirm to us that you are at least 18 years old.
- 1.5 Please note that our website uses cookies. By using our website or agreeing to these terms and conditions, you also give your consent to our use of cookies in accordance with the terms of our privacy and cookies policy as outlined in these terms and conditions.
2. Copyright notice
- 2.1 The Copyright (c) in this website was established in 2017 by the owner.
- 2.2 Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use our website
- 3.1 You may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website;
- (d) stream audio and video files from our website; and
- (e) use our services by means of a web browser, subject to the other provisions of these terms and conditions.
- 3.2 Apart from the terms above, you must not download any material from our website or save that material to your computer.
- 3.3 You may only use our website establishing contact with other commercial enterprises including limited companies, partnerships, limited liability partnerships and other businesses established for profit making purposes.
- 3.4 Apart from those permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- 3.5 Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website;
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) re-distribute material from our website.
- 3.6 While obeying the above terms, you may redistribute our newsletter in print and electronic form to any person
- 3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
- 4.1 You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- (e) access or otherwise interact with our website using any robot, spider or other automated means;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities unless we have explicitly stated that you may do so.
- 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
- 5.1 If you use our website or agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:
- (a) yourself; and
- (b) the person, company or other legal entity that operates that business or organizational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. Registration and accounts
- 6.1 To be eligible for an individual account on our website, you must be at least 18 years of age.
- 6.2 You may register for an account with our website by completing and submitting the account registration form on our website.
- 6.3 You must not allow any other person to use your account to access the website.
- 6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
- 6.5 You must not use any other person’s account to access the website, unless you have that person’s permission to do so.
7. User login details
- 7.1 If you register for an account with our website, you will be asked for your Username, email address and Password.
- 7.2 Your username must not be liable to mislead and must comply with the content rules set out in Part 13; you must not use your account for or in connection with impersonating any other person.
- 7.3 You must keep your password confidential.
- 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
- 7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
- 8.1 We may:
- (a) edit your account details;
- (b) temporarily suspend your account; and/or
- (c) cancel your account, at any time in our sole discretion, provided that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you a written notice of any cancellation.
- 8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account.
9. Package Subscriptions
- 9.1 To become a subscriber to the services available on our website services, you will be required to register on-site and pay for your chosen membership level (the subscription). If your payment is accepted, we will send you an email to confirm this. The contract for the supply of the membership services shall come into force upon the issue of the email acknowledging your payment.
- 9.2 During the membership registration process, you will have the opportunity to identify and correct input errors prior to completing your application by sending an email to us at seadreammd@gmail.com
- 9.3 So long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
- 9.4 We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
- 9.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility via the control panel on our website before the date of renewal.
10. Package Fees
- 10.1 You must contact us to if you wish to subscribe to Starter and Unlimited Packages.
- 10.2 You must pay us the Package fees in respect of our website services in advance and in cleared funds.
- 10.3 We may vary the package fees from time to time, but this will not affect fees for services that have been previously paid.
- 10.4 If you disagree with any payment made to us, you must contact us immediately and provide full details of your claim.
- 10.5 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw our services from you.
- 10.6 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
- 10.7 Refund Policy – the payments for the services are made in advance and they are not refundable. Exceptions are payments for services which were not available 90% of the period for which the payment was recorded.
If the service is not available 90% of the period you should send a Notice to seadreammd@gmail.com.
11. Distance contracts: cancellation right
- 11.1 This Part applies only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
- 11.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
- (a) beginning upon the submission of your offer; and
- (b) ending at the end of 14 days after the day on which the contract is entered into, subject to Part 11.3. You do not have to give any reason for your withdrawal or cancellation.
- 11.3 You agree that we may begin providing our services before the expiry of the period referred to in Part 11.2, and you acknowledge that, if we do begin providing our services before the end of that period, then:
- (a) if the services are fully performed, you will lose the right to cancel referred as to in Part 11.2;
- (b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with Part 11.
- 11.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Part 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- 11.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Part 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in Part 11.
- 11.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- 11.7 We will process the refund due to you as a result of a cancellation on the basis described in this Part without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
12. Your content: license
- 12.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- 12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
- 12.3 You grant to us the right to sub-license the rights licensed under Part 12.2.
- 12.4 You grant to us the right to bring an action for infringement of the rights licensed under Part 12.2.
- 12.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- 12.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
- 12.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.
- 12.8 In the event that you discover or establish that our website contains a duplication of information regarding your content, you agree to contact us as soon as possible to give us the opportunity to rectify the error.
13. Your content: rules
- 13.1 You warrant and represent that your content will comply with these terms and conditions.
- 13.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- 13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- (a) be libelous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) depict violence in an explicit, graphic or gratuitous manner;
- (m) be pornographic, lewd, suggestive or sexually explicit;
- (n) be untrue, false, inaccurate or misleading;
- (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) constitute spam;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (r) cause annoyance, inconvenience or needless anxiety to any person.
14. Report abuse
- 14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know by:
- (a)Clicking “Report Abuse” button existing at the very end of each listing.
- (b)Contacting us directly through our Contact Us form.
- (c)By contacting us directly through E-mails and Phone numbers at Contact Us page
and we will respond within 24 hours of the receipt of your comments.
15. Limited warranties
- 15.1 We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
- 15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- 15.3 To the maximum extent permitted by applicable law and subject to Part 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16. Limitations and exclusions of liability
- 16.1 To the fullest extent permissible by law, we accept no liability to any User for the loss or damage, whether foreseeable or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content on the website.
- 16.2 Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
- 16.3 The limitations and exclusions of liability set out in this Part and elsewhere in these terms and conditions:
- (a) are subject to Parts 16.1 and 16.2; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- 16.4 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- 16.5 We will exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 16.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- 16.7 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 16.8 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Part 16.8 shall not apply.
- 16.9 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Part 16.9 shall not apply.
- 16.10 We will not be liable to you if having utilized messaging facility embedded in our website to contact another member, you do not receive a response as we will have no control over the reason for the other party’s failure to respond, or acknowledge receipt of your message.
- 16.11 We will not be liable to you in respect of the content of email messages you receive from other members of the portal and you are advised to exercise due diligence with respect to any statements or facts presented to you and upon which you rely on prior to entering into any transactions via the portal. This caveat also applies to the content, accuracy and representations made on the websites you of other members of our website.
- 16.12 We will not be held responsible for the information and content on the websites and you can contact us at any time if the information is private and you want it removed from our website. We will remove it in 5-10 business days.
- 16.13 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17. Indemnity
- 17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
- (a) any breach by you of any provision of these terms and conditions; or
- (b) your use of our website.
18. Breaches of these terms and conditions
- 18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) block computers using your IP address from accessing our website;
- (e) contact any or all of your internet service providers and request that they block your access to our website;
- (f) commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account on our website.
- 18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account.
19. Links and Third party websites
- 19.1 Our website may from time to time provide links and or include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations and you accept that we have no responsibility for these.
- 19.2 We have no control over third party websites and their contents, and subject to Part 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them. You are advised to read the privacy policy or statement of other websites prior to using them.
20. Trade marks
- 20.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- 20.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
21. Variation
- 21.1 We may revise these terms and conditions from time to time. It is your responsibility to read and agree any changes.
- 21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
- 21.3 We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days’ prior written] notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
22. Assignment
- 22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
- 22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23. Severability
- 23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party rights
- 24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- 24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
25. Entire agreement
- 25.1 Subject to Part 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
26. Law and jurisdiction
- 26.1 These terms and conditions shall be governed by and construed in accordance with Omani law.
- 26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Oman.
27. Statutory and regulatory disclosures
- 27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
You can contact us via email through the email address given on our website, by using our website contact form, or by telephone on the number given on our website.