These terms and conditions of use (Terms) explain how you may use this digital platform and any of its content (Platform). These Terms apply between Madarek Digital Solutions LLC (we, us or our) and you, the person accessing or using the Platform (you or your).
You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.
If you order any services or digital content from the Platform or if you buy a subscription or membership to access restricted parts of the Platform, separate terms and conditions will apply.
About Us
We are Madarek Digital Solutions LLC (trading as Madarek), a company registered in the Sultanate of Oman under company registration number 1380902. Our registered office is at [insert address]. Our VAT registration number is [insert VAT number].
If you have any questions about the Platform, please contact us by:
Sending an email to support@madarek.com, or
filling out and submitting the online form available here.
If you order any services or digital content from the Platform or if you buy a subscription or membership to access restricted parts of the Platform, separate terms and conditions will apply.
Using the Platform
Unless expressly agreed otherwise, the Platform is for your personal and non-commercial use only.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
We make no promise that the Platform is appropriate or available for use in locations outside of the Sultanate of Oman. If you choose to access the Platform from locations outside the Sultanate of Oman, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the top of this page or use the website accessibility tools available at [insert link to accessibility tools].
As a condition of your use of the Platform, you agree to comply with our Acceptable Use Policy available at [acceptable use policy] and agree not to:
misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.
We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
Registration and password security
Use of the Platform may require registration by creating a profile (Profile), particularly in order to access restricted areas of the Platform, and we are not obliged to permit anyone to create a Profile.
If you choose not to create a Profile, you may have access to certain limited features of the Platform. In this occurrence, these Terms shall apply to that extent.
Any personal information you provide to us as part of the Profile creation process will be processed in accordance with our Privacy Policy available at [Open Link].
Termination and suspension
We may terminate or suspend the Profile of anyone at any time. If we do so, we will send you a notice of the same.
You may terminate your Profile any time through the termination process available at the Platform, and you will subsequently lose the right to access or use the Platform.
Upon termination by either party, we maintain the right to use and disclose your feedback, Platform users will maintain the right to re-share content and information you shared through the Platform, and any amounts owed by either party prior to termination remain owed after termination.
Profile and password security
When you create your Profile, you are responsible for making sure that your password and any other Profile details are kept secure and confidential.
If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your Profile or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your Profile.
Infringing content
We will use reasonable efforts to:
delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
Your behavior on the Platform
Without prejudice to any other condition in this Terms, when you use the Platform, you must:
Provide accurate information in your Profile and keep it updated;
Use your real name in your Profile;
Comply with all applicable laws and regulations in the Sultanate of Oman or any other relevant jurisdiction, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; and
Use the Platform in an acceptable manner.
Without prejudice to any other condition in this Terms, when you use the Platform, you must not:
Create a false profile on the Platform, misrepresent your Profile, create a Profile for someone else other than you, or use or try to use other Profiles on the Platform;
Copy, use, disclose or distribute any information obtained from the Platform without our consent;
Submit information on the Platform that you do not have the consent to disclose e.g. confidential information of other people;
Infringe intellectual property rights of the Platform, of other people, or other users of the Platform including copyrights, patents, trademarks, trade secrets or other proprietary rights including;
Make postings on your Profile that contain viruses, or harmful code, or otherwise deep-link to the Platform for prohibited purposes;
Reverse engineer, decompile, disassemble, decipher or attempt to extract the source code for the Platform or any related technology;
Simulate the appearance or any function of the Platform, or overlay or modify the Platform or its appearance;
Use any technology to access the Platform, add or download data, send or redirect messages, or otherwise, or otherwise rent, lease, loan, trade, sell/re-sell or monetize the Platform or related data without our consent; and/or/li>
Interfere with the operation of, or place an unreasonable load on, the Platform.
Privacy and information sharing
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [Open Link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
When you share information on the Platform, others can see, copy and use that information. The Platform allow messaging and sharing of information. Information and content that you share or post may be seen by other Platform users.
We have the right to use your information and data, and that of other Platform users to make recommendations and suggestions for connections, content and features that may be useful to you.
We have no obligation towards you to promise to store or keep showing any information and content you post on your Profile.
Unless you set your settings differently, you agree to receive notices and messages from us through the Platform.
Payments
Depending on the services we may provide you through the Platform, we may charge you certain fees which will be set forth in specific agreements.
Without prejudice to any other specific agreements we may enter into which may include certain terms in relation to payments by you to us:
you undertake to honor all your payment obligations to us;
Refunds will be governed by the relevant agreements we may enter into from time to time;
Any payments by you to us are exclusive of all applicable taxes including added value taxes;
If you fail to make any due payment we will be entitled to terminate or suspend your Profile; and
We may however store your payment information to settle any payment obligations you may have towards us.
Ownership, use and intellectual property rights
The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (Content) are owned by us and our licensors.
We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, logos, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.
Logos and trademarks of Madarek are our logos and trademarks. Logos and trademarks of Olive E-solutions and Olivemideast are logos and trademarks of our vendors and partners. Other logos, trademarks and trade names may also be used on the Platform or in the Content. Use by you of any logos or trademarks on the Platform or in the Content is strictly prohibited unless you have our prior written permission.
You own the content and information that you share or submit or post on the Platform, and you grant us a worldwide transferable sub-licensable right to use, copy, vary, distribute, share, publish and process content and information you share or submit on the Platform, without any further consent, notice and/or compensation to you or others.
You may end the aforementioned license for specific content or information by deleting such content and information from the Platform, or terminating your Profile. This will not be applicable to content and information you already shared with other Platform users and they have copied it, re-shared it or stored it.
Submitting information to the Platform
While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.
Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
Accuracy of information and availability of the Platform
We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
We may suspend or terminate access or operation of the Platform at any time as we see fit.
Unless expressly agreed otherwise, any Content is provided by us to you is for your general information purposes only and has not been tailored to your specific requirements or circumstances; furthermore, it does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its Content.
While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
Hyperlinks and third party Platforms
The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party Platform may be governed by the terms and conditions of that third-party Platform and is at your own risk.
Our responsibility to you
If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
In any case, our liability to you in connection with the use of the Platform shall be limited to the lower of (i) the total of any fees paid to us (if any), or (ii) the amount of OMR 1,000.
Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
No third party rights
No one other than us or you has any right to enforce any of these Terms.
Variation
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17.
We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
Complaints
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
The laws of the Sultanate of Oman apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the non-exclusive jurisdiction of the courts the Sultanate of Oman. This means that you can choose whether to bring a claim in the courts of Muscat where we are headquartered or in the courts of another part of the Sultanate of Oman in which you live.