DATE OF LAST REVISION: 29th October 2019
AGREEMENT VERSION NO.: 1.0
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE OOMCO APP, YOU EXPRESSLY AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE OOMCO APP. BY USING THE OOMCO APP, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
OOMCO reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the App will be subject to this agreement. Accordingly, you understand that we may update this Agreement from time to time without giving you any notice. If we do this, you can find the latest version under the settings menu of the App. Your continued access or use of the App after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of OOMCO shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to revised terms when accessing the OOMCO App and if you do not agree to the revised terms you will not be allowed to use the OOMCO App.
This Agreement is effective until terminated. You may terminate this Agreement for any reason by uninstalling the App. Your rights under this Agreement will terminate automatically without notice from OOMCO, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the App. In the event that your rights to use the App are terminated, you may immediately lose access to any information that may be on OOMCO systems. We can terminate your access to the App at any time. We may also remove any User Content (as defined below) that you post without cause and without notice to you.
The App currently is made available to you free of charge only for personal, non-commercial, non-exclusive use. OOMCO reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the App without compensation to you, including, but not limited to (i) restricting the time all or any part of the App is available, (ii) restricting the amount of permitted use of all or any part of the App, and (iii) restricting or terminating any user’s right to use all or any part of the App, with or without notice; (b) charge fees in connection with the use all or any part of the App; (c) charge fees for upgrades to the App; (d) modify or waive any fees charged in connection with all or any part of the App; or (e) offer opportunities to some or all users of all or any part of the App. You agree that neither OOMCO nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the App, in whole or in part, or of any service, content, or feature offered through the App.
The App (including, without limitation, any material, software, code, files, content, and images contained in or generated by the App, accompanying data, and other embedded software, including third-party software (collectively, “OOMCO Content”)), App updates and upgrades, and documentation and accompanying fonts (collectively, “OOMCO Documentation”) — whether in read-only memory, on any other media, or in any other form — are owned by OOMCO or its licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with OOMCO, or the relevant third party, which owns full and complete title to the App, OOMCO Content, App updates and upgrades, and OOMCO Documentation. OOMCO reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted herein are non-transferable and do not include any intellectual property rights.
In addition, OOMCO, BASMA+, EJABA+, E-Fill and certain other brands, trademarks, and services marks (collectively, “OOMCO Marks”) are marks of OOMCO and its affiliates. Not all marks of OOMCO will appear on the App. Marks of third parties may appear on the App when referring to those entities or their products or services. Third party marks displayed on the App are owned by their respective owners.
OOMCO Content also is protected by copyright. No OOMCO Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of OOMCO Content in any other way or for any purpose other than as permitted in this Agreement is a violation of OOMCO’s copyrights and other proprietary rights. Permission for all other uses of OOMCO Content must be obtained from OOMCO in advance and in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of OOMCO.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE APP, OOMCO CONTENT, OOMCO DOCUMENTATION, OOMCO MARKS, OR ANY OTHER OOMCO PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. OOMCO takes the protection of intellectual property rights, including copyrights, very seriously. OOMCO will terminate your access to, or use of, all or any part of the App, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of OOMCO or others. FURTHER, OOMCO RESERVES ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.
Solely to enable your use of the App for personal, non-commercial, non-exclusive purposes, subject to third-party terms (as described below) OOMCO hereby grants you a limited, revocable, non-sub-licensable license to use the App as provided in this Agreement and to view and display OOMCO Content (other than OOMCO’s software source code), OOMCO Documentation, and User Content (as defined below) for your personal use, but only in connection with your use of the App. This license entitles you to install the App on your personal mobile device and to use the App subject to this Agreement; however, you may not make the App available over a network where it could be used on multiple devices at the same time. Further, this Agreement does not grant you any rights to use OOMCO’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the App. Any use of the App in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the App is prohibited. In addition, this Agreement does not entitle you to receive, and does not obligate OOMCO to provide, OOMCO Documentation, support, telephone assistance, or enhancements or updates to the App.
Except for this limited, personal-use license, when you use the App you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of OOMCO. Therefore, except as provided above, you may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the App, OOMCO Content, User Content, or OOMCO Documentation.
While using the App, OOMCO may locate or record information including, but not limited to, your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device’s unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the App, and any other information tied directly or indirectly to your device (“ Device Information”). Your use of the App constitutes your consent to allow OOMCO to record and use your Device Information.
When creating your user account for the App, you will be given an opportunity to input information for one or more of your locally issued debit cards into the App. You may select to link one or more of these stored bank cards to your App user account. Upon making this selection, transactions made using the App at participating OOMCO service stations and outlets will be charged to your designated bank card or debited from your bank account tied to your card, as applicable. Activation of this feature on the App constitutes your authorization of all purchases made from your mobile device using the App.
The App will not accept all bank cards. In addition, OOMCO reserves the right to change, from time to time, the cards which may be linked to your account through the App. OOMCO further reserves the right to disable any cards already linked to your account, at any time and for any reason.
A. User Accounts:
In order to use certain features of the App, you are required to register by providing OOMCO with certain User Content, as requested by OOMCO, including your user name, email address, and a password you will use to access the App. OOMCO reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. Accordingly, you agree as follows:
1. I am over the age of 13.
2. If I am between the age of 13 and 18, I have obtained the prior approval of my parent or guardian before using the App.
3. I will create only one account.
4. I will provide accurate, truthful, current, and complete information when creating my account.
5. I will not create an account for anyone other than myself without permission.
6. I will maintain and promptly update my account information when any of my account information changes.
7. I will maintain the security of my account by not sharing my account information with any other person.
8. I will protect the confidentiality of my password.
9. I will not share my password or let anyone else access my account.
10. I will not use another person’s account without permission.
11. I will not solicit account information from other users or access another user’s account.
12. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void.
13. I will take responsibility for all activities that occur under my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.
14. I will accept all risks of unauthorized access of my account.
15. I will immediately notify OOMCO in writing of any unauthorized use of my account of which I become aware.
16. I will contact my card issuing bank immediately if any unauthorized payments are made using the App.
17. I understand that although OOMCO will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of OOMCO or others due to the unauthorized access and use of my account.
18. I understand and agree that I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to OOMCO.
19. I understand that OOMCO may disable, suspend, or terminate my account at any time in its sole discretion and without any notice to me.
20. I understand that any violation of this Agreement may result in the termination of my OOMCO account.
21. If my account is disabled, suspended, or terminated by OOMCO, I will not create another one without OOMCO’s express permission.
B. Safe Use of the App:
The safety of all App users is important. In addition, OOMCO believes that all users and visitors benefit from basic rules regarding conduct while using the App. Widespread use and enjoyment of the App is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the App. Accordingly, you agree as follows:
1. I will use the App only for personal, non-commercial purposes.
2. I will exercise caution, good sense, and proper judgment when using the App.
3. I will not upload or post any objectionable content or other material using the App.
4. I will not harass, bully, abuse, threaten, or intimidate any other App users.
6. I will not interfere with others’ use of the App or act in a way that negatively affects others’ enjoyment of the App.
7. I will not use the App to send unauthorized or unwanted communications to any other person (i.e., I will not “spam” other people).
8. I will not participate in any action that, in the sole and absolute opinion of OOMCO, results or may result in any authorized user of the App being scammed or defrauded in any way in connection with such user’s use of the App.
9. I will not use the App to transmit viruses, worms, bots, trojans, or other malicious code.
10. I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the App or any software, hardware, equipment, or materials used in connection with the App.
11. I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by OOMCO, and I will promptly report to OOMCO my discovery of any such errors, features, or bugs.
12. I will not hack the App, spoof the App, or modify any other software or website to imply falsely that the other software or website is associated with OOMCO or the App.
13. I will not collect user account information or User Content (as defined below), or otherwise access the App through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
14. I will not collect or store personal information about any other individual using the App, or otherwise indulge in unwanted contact or harass other App users.
15. I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with OOMCO.
16. I will not adopt a false identity using the App.
17. I will not manipulate the App so as to hide my identity or my use of the App.
18. I will not violate any laws (including but not limited to copyright laws) in my use of the App, and I will not use the App to do anything unlawful, misleading, discriminatory, or malicious. If I am an international user, I agree to comply with all local laws regarding online conduct and acceptable online content.
19. I will not encourage or facilitate any violations of this Agreement.
We reserve the right (but not the obligation) in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the App upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the App in any manner.
C. Posting User Content:
The App may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively, “User Content”). OOMCO does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the App. By entering, posting, submitting, providing, or linking to User Content on or through the App, however, you grant OOMCO and OOMCO hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, fully paid-up, and royalty-free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release OOMCO from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
1. I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the App and (b) the right to grant OOMCO the license specified in this Agreement.
2. The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person.
3. I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the App.
4. None of the User Content is subject to confidentiality obligations.
5. The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
6. The User Content is truthful, accurate, not misleading, and offered in good faith.
7. I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the App.
8. I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission.
9. I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libelous, or invades another person’s privacy.
10. I will not use OOMCO’s intellectual property (such as brands, trademarks and services marks that are the property of OOMCO) without OOMCO’s permission.
11. I understand that OOMCO can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the App.
12. I understand that OOMCO can, without notice and in its sole discretion, remove any User Content that we believe is obscene, offensive, libelous, defamatory, or violates the law or any of the terms and conditions of this Agreement. In addition, I understand that OOMCO can, in its sole discretion, remove any User Content if we believe that doing so will improve the App.
13. I understand that OOMCO reserves the right to force forfeiture the username of any account that becomes inactive or any username that violates the trademark or other intellectual property rights of any other person.
14. I understand that OOMCO can suspend or terminate my use of the App if I fail to follow the rules in this Agreement.
NOTICE: OOMCO has no obligation to respond to any of your User Content. In addition, OOMCO is not responsible for any User Content, including, for the truth, completeness, objectivity, or usefulness of such User Content. OOMCO does not endorse any User Content, has not verified the identity of persons using the App, and does not screen, monitor, edit, or review User Content before it becomes accessible on or through the App. Accordingly, you may be exposed to content from other users that is offensive or objectionable.
D. Mobile Device Data Services:
The App requires use of the internet to operate correctly, thus the quality and availability of the App may be affected by factors beyond OOMCO’s control. OOMCO does not accept responsibility for unavailability of the App. Further, the terms of your agreement with your respective mobile network provider apply when using the App. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the App. All such charges are your responsibility. Further, you agree that your use of the App is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
E. Games:The App may offer, from time to time, access to various games and loyalty programs provided by OOMCO and/or other third parties. OOMCO and other third parties (as outlined below), may collect, use, store, transmit, and publicly display statistical data regarding the game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Your use of any games or loyalty programs provided by the App constitutes your acceptance of these terms.
For the avoidance of doubt, by using the Google Maps features you affirmatively accept and consent to: (1) all of the above Google terms, (2) OOMCO’s use and incorporation of Google Maps into the App, and (3) OOMCO’s acceptance of the Google terms outlined herein and elsewhere.
If at any point in time you decide you do not wish to consent to any of the above Google terms, you must uninstall the App immediately. There is no other way to revoke or opt out of the Google Maps functionality and its associated terms, restrictions, and data privacy implications.
OOMCO may also be using other third party applications and software in the App, including, but not limited to, market analytics software, market intelligence software, and loyalty program software, all of which may gather and report information about you in connection with your use of the App (such as Device Information and User Content). It is your responsibility to ensure that you comply with any related third party terms and that you are aware of any third party privacy policies that may apply to you, in conjunction with this Agreement.
A. Terms Specific to Apple-Embedded Applications:
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by OOMCO that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) (each, an “Apple-Enabled Application”):
1. You and OOMCO acknowledge that this Agreement is concluded between You and OOMCO, and not with Apple, and OOMCO, not Apple, is solely responsible for the Apple-Enabled Application and the content thereof.
2. You may not use the Apple-Enabled Application in any manner that violates the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the iTunes Store Terms and Conditions, a copy of which is available at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
3. You acknowledge that you have had an opportunity to review the Rules set forth for Licensed Applications in the iTunes Store Terms and Conditions.
4. The license granted to you for the Apple-Enabled Application is limited to a non-transferable license to use the Apple-Enabled Application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.
5. You and OOMCO acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled Application.
6. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OOMCO’s sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.
7. You and OOMCO acknowledge that OOMCO, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Application or your possession and/or use of that the Apple-Enabled Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
8. You and OOMCO acknowledge that, in the event of any third party claim that the Apple-Enabled Application or the end-user’s possession and use of that Apple-Enabled Application infringes that third party’s intellectual property rights, OOMCO, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
9. You and OOMCO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Application as a third party beneficiary thereof.
B. Special Offers, News and Information from OOMCO:
We may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to OOMCO generally. You will have the option to opt out of receiving such communications within the settings menu of the App.
C. Liability and Warranty Disclaimer:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE USING THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
OOMCO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OOMCO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OOMCO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO GAMING FUNCTIONALITY, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE APP, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE APP OR IN ANY OTHER PRODUCT OFFERED BY OOMCO.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OOMCO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND OOMCO HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND OOMCO WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OOMCO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED 5 OMR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE APP AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OOMCO AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT OOMCO MAY INCUR IN CONNECTION WITH A THIRD-PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE APP, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE APP, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY.
E. Global Availability / Export Controls:
The App may be controlled and operated by OOMCO from various offices in the Sultanate of Oman. OOMCO makes no representation that the App as accessed or described is appropriate or available for use in other locations, and access to them from other countries where the contents are illegal or penalized is prohibited. Those who access the App do so on their own and are responsible for compliance with all applicable local laws. You may not export or re-export the App, information, or materials accessed on or described in the App except in full compliance with all local laws and regulations of the Sultanate of Oman.
F. Policy Concerning Children:
The App, games, and other functions of the App are not intended for children under the age of 13, and we do not knowingly collect any personal information from such children. Use of the App is prohibited for children under the age of 13, and children under the age of 13 should not use the App at any time. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardians before using the App. Although the App may contain information or provide services that may be of interest to children, the App is not directed at children and OOMCO does not knowingly collect or solicit personal information from children under the age of 13. In the event that OOMCO learns that OOMCO has inadvertently gathered personal information from children under the age of 13, OOMCO will take reasonable measures to promptly erase such information from our records.
G. Limitations on Use of the App:
Some OOMCO locations in Oman accept payment through the App. Certain locations, however, may not permit you to use the App for payment. For an up-to-date list of stores that accept the App, please refer to www.oomco.com. We reserve the right not to accept any User transactions or otherwise limit use of the App if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
H. Liability for Unauthorized Transactions:
Because the App via the linked cards can be used like cash for purchases at OOMCO locations, you are responsible for all transactions associated with the App including unauthorized transactions. If your mobile device and/or your physical Basma+ card is lost, stolen or destroyed, please report to OOMCO customer care and your bank immediately.
1. For Basma Plus cards, only in case of defective card, user is eligible for a free replacement at OOMCO Head Office or Regional Offices. In all other instances such as theft, loss or damage card cost will be charged for replacement.
I. Anonymous User Content:
In some cases, the App may allow you — in OOMCO’s sole discretion — to enter, post, submit, provide, or link to User Content “anonymously.” This means that your User Content will not include your App user name; however, OOMCO still collects and retains the App user names associated with anonymous actions and if you violate this Agreement or applicable law, OOMCO reserves the right to disclose your App user name or take other actions such as disabling your account or your ability to make anonymous posts.
K. Security Policy:
OOMCO uses commercially reasonable security measures to protect your User Content and your user account information. We have security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information. Our staff is trained to comply with our security procedures, and our security procedures are regularly reviewed and revised as we deem necessary.
L. Disputes, Forum, and Governing Law:
The Agreement is governed by and construed in accordance with the laws of the Sultanate of Oman. You and OOMCO designate Oman’s courts, for the exclusive resolution of that dispute and submit to the jurisdiction of Muscat Courts.
M. User Disputes:
You are solely responsible for your interactions with other App users. OOMCO reserves the right, but has no obligation, to monitor disputes between you and other OOMCO app users.
This Agreement is the entire agreement between you and OOMCO. It supersedes and replaces any and all prior or contemporaneous agreements between you and OOMCO relating to your use of the App (including, prior versions of this Agreement). The failure of OOMCO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time and you will be duly notified within the app of these changes for mutual consent. Your continued use of the App after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the App. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP FOR ANY PURPOSE.
O. Other Legal Notices:
The App may use or otherwise incorporate a variety of software products provided by third-party vendors, many of which require OOMCO to express certain attributions and terms. These attributions and terms constitute a part of this Agreement as if fully set forth herein.