These general terms and conditions (the “Terms & Conditions) govern the use of Oman Telecommunication Company’s SAOG (Omantel) application and access to Omantel online services (the “Application”) and / or (the “Online Services”). Omantel strongly advices that the person downloading and /or using this Application (the “Customer”) shall carefully read these Terms & Conditions before using the Application and/or accessing the Online Services.
Omantel reserves the right, without providing any prior notice to modify, amend or otherwise update these Term & Conditions from time to time as it deems fit such modifications, amendments or updates shall automatically be deemed part and parcel of these Term & conditions and binding on the Customer.
Without prejudice to the confidentiality obligations provided below, certain features in the Application require ascertaining Customer’s location, by using these features Customer consents to such access to his/her location.
It is understood by the Customer that these Terms & Conditions are general in nature and that application, demand, access, or purchase of the services and/or the products available or accessed through the Application are subject to specific terms and conditions (the “Specific Terms & Conditions).
While Omantel exerts all reasonable efforts to include accurate and up-to-date information on the Application, the information available on this Application is only for information and makes no warranties or representations as to its accuracy and sufficiency of such information. Services provided through the Application are provided “as is” without any warranties or representations of any kind whether express or implies, arising by law or otherwise including without limitation any implied warranty of merchantability or fitness for a particular purpose or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Notwithstanding anything to the contrary in these Terms & Conditions, Omantel shall have no liability for any direct, incidental, special or consequential damages or any loss of revenue or profits arising from or with respect us of Omantel’s Application.
Omantel shall not be liable to any Customer for any delay in providing or restoring the Application nor for loss or damage(s) and /or any loss of data howsoever caused including without limitation, non-delivery, or any interruption, suspension, or termination of service, or for the content, accuracy or information or resource made available or received or transmitted through the Application.
Omantel is not responsible for any linked/sites/mobile apps made available in the Application and the Customer understands and acknowledges that any access to such sites is at Customers’ own risk.
There is no fee for downloading or using the Application. Subject these Terms & Conditions, Omantel shall be entitled to debit the Customers’ credit/debit card account or recover by any other means any amount including any upfront payment due on any of Omantel Online Services offered through the Application. Customers are required to pay Omantel all due charges.
Omantel reserves the right to change, and adjust any price of products and services described on the Application without any prior notification. Customer acknowledges and agrees that the prices may change from time to time.
Customer’s credit / debit card information will be dealt with diligently. If a customer opts to store his/her credit/debit card information in the Application for any future transactions, then Customer acknowledges that such information will be stored in a reasonably secured environment as Omantel and/or the processing bank deem fit.
The ownership of the product offered as part of the Online Services (the “Product”) is vest in Omantel until full payment by the Customer of the purchase price including delivery cost and any other accessory costs.
The Products basic features are provided in the product description. Pictures and colors of purchased Products represent as accurately as possible the actual features of the Products. However, certain variance may exist between the pictures and the actual product. Such difference in the finishes shall not be construed as defect.
When buying a Product, Customer agree that:
- He/ She is responsible for reading the full Product listing before making commitment to buy.
- He/ She enters into a legally binding contract to purchase a Product
If the Products displayed in the Application are no longer available or not on sale at the time of the transmission of the order form and Omantel cannot, subsequently, process the purchase order, then Omantel will inform the Customer accordingly and reimburse the sum already paid.
The Customer shall ensure that the personal and delivery information provided during the registration process and at a later stage are complete and truthful and that delivery to the address provided by the Customer shall be deemed as though the Product delivered to the Customer in person.
The Customer must immediately notice any damage on the packaging or on Products pack, by placing a note on the courier delivery receipt. The Customer is entitled to return the Product for defect without incurring any penalty within 15 (Fifteen) days, calculated from the date of receipt of the purchased Product. The Customer shall after discovery of the defect within the stated period shall contact Omantel or its supplier at the addresses provided in the warranty certificate and ask at his discretion, to repair or replace the Product.
Subject to the warranty obligations, Customer shall contact Omantel’s supplier at the addresses provided in the warranty certificate to repair the product, if product is cable to be repaired.
Modification of services
Omantel reserves the right without any prior notice to change, update and/ or amend Omantel’s online services offered or delivered through the Application including discontinuing all or part of the Online Services.
- Customer shall protect the secrecy of the password assigned to him/her at all times and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. Customer shall be fully and solely responsible for and shall bear all charges, losses, and damages arising from any use of his or her/user identification and/or password, howsoever arising.
- Customer shall at all times use only his own I.D password for accessing Omantel Application and Online Services. The Customer should change his/her password from time to time to ensure security. It is the Customer’s sole responsibility to immediately notify Omantel and select a new password if he/she believes that his/her password may have become known to an unauthorized person. Omantel will have no liability to the Customer for any unauthorized payment or transfer made using his/her password that occurs before the Customer has notified Omantel of possible unauthorized use and Omantel has had a reasonable opportunity to act on that notice. Omantel may suspend or cancel your password even without receiving such notice from the Customer, if Omantel suspects that the Customer password is being used in an unauthorized or fraudulent manner.
- Customer shall, when accessing any other network through the services, comply with the rules appropriate for that network and shall not circumvent any technical measures used in the Application or to provide the Online Services.
- Customers are responsible for reading the full product and/or services provided vide the Application before making a commitment to buy and Customer understands that he enters into a legally binding contract to purchase a product or service when he commits to buy such item.
- Customers may change their address through the Application, at any time. However, the loss or delay of any mail/correspondence which might have been dispatched prior to the change shall be at the sole risk and responsibility of the Customer. The Customer agrees not to misrepresent his/her identity or the account information maintained by Omantel and, furthermore, agrees to keep his/her account information up to date and accurate.
- In consideration of Omantel allowing the Customers access to the Application and Online Services, the Customer agrees:
- Not carry out or allow any intellectual property right(s) infringements;
- Not to use the Online Services for any illegal, improper, obscene or defamatory purpose or any purpose which is prohibited by law or these Terms & Conditions;
- Not to published, post, upload, distribute or disseminate any inappropriate, defamatory, obscene, indecent or unlawful topics, name, material or information;
- Not to upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless Customer owns or controls the rights thereto or has received all necessary consents to do the same;
- Not to upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Not to use the Application and Online Services in any manner which could damage, disable, overburden, or impair online services or the networks(s) or interfere with any other Party’s use and enjoyment of the Online Services;
- Not to attempt to gain unauthorized access to the Application or Online Services, other accounts, computer systems or networks connected to any Omantel online Services through hacking or any other means;
Representation & warranties
Customer represents and warrants that:
- The Customer is the sole beneficial owner of the mobile phone number used to access the account and verify the Customer’s credentials and that he/she has the absolute right, and interest in that mobile phone number and that no other party has any interest therein;
- All information provided by Customer in the application form for applying for Omantel Online Services through the Application is true and complete;
- He/She is an Omani or a legal resident of Oman or a visitor aged 18 or above and a holder of a valid credit card that he\she possesses legally and the details of which have been entered into the Application;
- He /she indemnifies Omantel in full against all direct or indirect loss, damages, claims, demands, processing, costs and charges howsoever arising out of the Customer’s breach of any representation, warranty or undertaking set out in these Terms & Conditions. The provision of this clause shall survive termination of these Terms & Conditions.
Breach by Customer of any warranty or representation entitles Omantel to terminate all or part of the Online Services made available to that Customer with immediate effect and claim any contractual and statutory damages for such breach. Abusing use of the Application or the Online Services in any way, may, in Omantel’s sole discretion and without limiting other remedies, limit, suspend, or terminate Customer’s account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Omantel may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services. Additionally, Omantel reserves the right to refuse or terminate our Services to anyone for any reason at its own discretion.
Collection, use, retention, disclosure, transfer, security and access of personal data will be in accordance with this Data Collection & Protection Policy (the “Policy”) and the applicable laws of Oman. The Policy forms part of these Terms & Conditions which shall conform with Electronic Transaction Law issued vide Royal Decree No. (69/2008) and the Laws of Oman.
It may be necessary for the Customer to provide Omantel with her/his personal information (Personal Data) when Customers apply to Omantel Online Services and /or continue to use/order from Omantel Online Services. If Customer’s Personal Data is incomplete or incorrect, Omantel may not be able to provide or continue to provide its services to Customer.
Customer agrees that her/his Personal Data provided to Omantel may be used and retained by Omantel and that Omantel may disclose and transfer (whether in Oman or Abroad) to Omantel Agents, contractors, any telecommunication operator, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit provides, banks, financial institutions, Omantel professional advisers, any other persons under a duty of confidentiality to Omantel and any of Omantel’s actual or proposed assignees or transferees of Omantel rights with respect to Omantel use, disclosure, holding, processing, retaining or transferring such Personal Data for the purpose mentioned above.
Intellectual Property Copyrights and Trademarks
Omantel is the sole owner of all copyright and other intellectual property rights (Trademarks, patents, etc.) of every elements of the Application. Every element of the Application is protected by copyright. No copy of any element of the Application could be copied or distributed for any purpose without Omantel’s written consent.
The content of the Application is protected by copy right, trademark and other intellectual property rights as applicable.
Omantel’s Customer Contact Center
- Customers wanting to discuss any aspect of the Omantel’s Application or Omantel Online Services can do so by contacting Omantel on (1234) or through one of contact methods referred to at (www.omantel.om).
- Omantel will endeavor to resolve any complaints in a reasonable and timely manner.
Governing Law & Jurisdiction
These Terms & Conditions are governed by the laws of the Oman any dispute arising out or in connection with These Terms & Conditions shall be submitted to the exclusive jurisdiction of the courts of Oman.