TmDone App Terms of Use (Contract)
TERMS OF USE
Welcome to our website Tmdone.com (the “Portal/Website”) and our “TmDone” application for handheld devices and mobile (the “App”). The Website and the App are jointly referred to as the “Services”. you should read these Terms of Use carefully before you download, install, or use the Services. By accessing our site, placing an order and using our Services, you agree to be bound by these Terms of Use.
If you have any questions relating to these Terms of Use, please contact info@tmdone.com before you use the Services. The Services are operated and owned by Urbanization for Development LLC (hereinafter referred to as “TmDone”, “we”, “us” or “our”), a company incorporated and registered in Muscat, Oman P.O. box 807 P.C. 116 Bowsher, Muscat. TmDone business delivers food and products which are prepared or supplied by independent restaurants, cafes, specialized stores, or food stores (“TmDone Partner”). TmDone reserves the right, at its sole discretion, to change, modify, replace, add or remove parts of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you have accepted and agreed to the changes. As long as you comply with these Terms of Use, TmDone grants you a personal, nonexclusive, non-transferable, limited privilege to access and use the Services.
1. ACCOUNT REGISTRATION
You may access the Services by (a) registering to create an account (“TmDone Account”) using your email or mobile number and become a Registered User (“User”); or (b) you can also register to join by logging into your account with certain third-party Social Networking Sites (“SNS”) such as Facebook, Google Mail, etc. Every such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your TmDone Account with Third-Party Accounts, by either (i) providing your Third Party Account login information to us through the Services; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. Our access to your Third-Party Account shall be under your own responsibility and you shall hold harmless and indemnify us to the fullest extent for any liability that may arise in this respect.
1.1 You represent that (i) you are legally authorised to disclose your Third Party Account login information to us (ii) and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. We shall fully rely on the information provided by you and shall not investigate the correctness or accuracy of any information provided by you. You shall hold all liabilities resulting from any wrongful or inaccurate information provided by you and fully indemnify us from any liability arising therefrom.
1.2 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your TmDone User Account.
1.3 Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content and confidential for all purposes of these Terms. You shall hold harmless and indemnify us to the fullest extent for any liability that may arise in this respect.
1.4 Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your TmDone Account on the Services.
1.5 Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated for any reason, then SNS Content will no longer be available and the Services may not be available to you.
1.6 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
1.7 We reserve the right to suspend or terminate your TmDone Account and your access to the Services if any information provided during the registration process or thereafter appears to be inaccurate, not up to date, false, or incomplete. TmDone has the right at any time and for any reason whatsoever, to, temporarily or permanently, suspend or terminate or block access to your membership with TmDone and refuse to provide you with access to the website, at its sole discretion.
2. SERVICE AVAILABILITY
2.1 We are a delivery service provider in Muscat, Oman providing you an online platform to (a) order food/products online from the list of TmDone Partners available on the Services, (b) prepay for your food order by banking channels made available to you on the Services or pay for your food order by card or cash at the time of delivery to your delivery address.
2.2 Each TmDone Partner Restaurant or store has a prescribed delivery area. This is to ensure that their orders reach your door when they are at their best condition. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online is not available. We do not accept orders from individuals in an area in which we do not have a TmDone Partner. Operating hours will vary depending on local trading conditions, availability of the TM Done delivery service and TmDone Partner.
3. ORDER BOOKING
3.1 The Services allows you to make food order bookings as well as order products that you require based on an urgent situation and we will, subject to the Terms of Use set out herein, deliver the same to you.
3.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.
3.3 When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the TmDone Partner (the 'Confirmation Email') will be sent to you by us on behalf of the TmDone Partner. The contract for the supply of any order through us will be between you and the TmDone Partner and will only be formed when you have been sent the Confirmation Email by us.
3.5 However, upon your successful completion of booking an order, we may call you (but without the obligation to do so) on the telephone or mobile number provided to confirm the details of the order, the price to be paid, your address, and the estimated delivery time. For this purpose, you may be required to share certain information with us, including but not limited to (i) the first and last name (ii) mobile number (iii) email address; and (iv) physical address. Please ensure that you have given us the complete and correct details as this is how we will communicate with you about your order and ensure that your order arrives at the correct location.
3.6 Please note all orders are subject to availability. TmDone Partner may offer an alternative for any order which is not available. We shall not be responsible for the content of foods or goods supplied by Our TmDone Partners. Please call our TmDone Partners prior to ordering if you have an allergy. TmDone cannot guarantee that any of the orders sold by our TmDone Partners are free of allergens.
3.7 In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and you will receive an email confirming the change in order. You expressly agree that in the event you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the order, or we may, at our sole discretion, cancel your order and the provisions of cancellation and refund policy below shall be applicable.
3.8 Payment for orders can be made by credit card or debit card or net banking at the time of booking an order or at the time of delivery.
3.9 You acknowledge and agree that we act as TmDone Partner’s payment agent for the limited purpose of accepting payments from you on behalf of the TmDone Partner. Upon your payment of amounts to us, which are due to the TmDone Partner, your payment obligation to the TmDone Partner for such amounts is completed, and we are responsible for remitting such amounts, to the TmDone Partner. You shall not, under any circumstances whatsoever, make any payment directly to the TmDone Partner, otherwise we shall not be responsible for any such orders as it shall be considered as made outside our Services.
3.10 You agree to pay us for the total amount for any booking made. We will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular TmDone Partner. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
3.11 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to our third-party payment processor or us. You agree to pay us for any confirmed bookings in accordance with these Terms of Use by one of the methods described on the Services– e.g. by a credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Services. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
3.12 TmDone seeks to provide quality service and will be the first point of contact in the event there is a problem with your order either in regard to quality and/or temperature. We do reasonable efforts to monitor our TmDone Partners and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our TmDone Partners or in respect of the orders by emailing or calling us.
4. CANCELLATIONS AND REFUNDS
4.1 Cancellation
(i) Except in exceptional cases, you shall not be entitled to cancel your order once your order has been confirmed.
(ii) We may, at our sole discretion, accept that you cancel an order within a reasonable time and before the order becomes “Order is Processing”. You can cancel an order by clicking the “Cancel Order” button in the Order details section of your order or by contacting the TmDone Customer Service. TmDone and TmDone Partner may cancel any order and advise you accordingly once we have cancelled an order and the reason for cancellation. You will not be charged for any orders canceled in accordance with this clause. Any payment made prior to an order being canceled by TmDone or TmDone Partner will usually be reimbursed using the same method you used to pay for your order and if the payment was not made in cash, the refund will be within Seven working days. Any order canceled after it becomes “Order is Processing” will be charged to you. TmDone alone will determine whether an order is “Order is Processing” or not.
(iii) In the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event, you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
(iv) We reserve the sole right to cancel your order in the following circumstance:
a) in the event of the designated address following outside the delivery zone offered by us,
b) failure to contact you by phone or email at the time of confirming the order booking;
c) failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery;
d) unavailability of all the items ordered by you at the time of booking the order;
e) failure due to reasons beyond our control or attributable to the TmDone Partner; or
f) any other reasons beyond our reasonable control.
4.2 Refund:
(i) You shall be entitled to a refund only if you prepaid at the time of placing your order only in the event of any of the following circumstances:
a) your order packaging has been tampered or damaged at the time of delivery; or
b) if we cancel your order due to:
• Your delivery location following outside our designated delivery zones; or
• Failure to contact you by phone or email at the time of confirming the order booking
c) if you cancel the order at the time of confirmation due to the unavailability of the items you ordered for at the time of booking.
(ii) In case of receive an order with a missing item, you have the right to ask for a new item or the amount of the item to be returned back to you in the following ways:
a)In case you placed an order payable by Cash and there was a missing item, and you refuse to accept the missing item again and want the cashback, you can get the money of the missing item back by Cash or Credits on the application;
b) In case the payment was through a Credit card and you refuse to accept the missing item again, it’s not possible to refund the money back to the card and we don’t return the amount of the missing item by cash also. However, we will return the amount as customer credits on TmDone app as this is an electronic standard method by TmDone.
Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund amounts shall be credited to your account within seven business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.
(iii) In case of payment at the time of delivery, you will not be required to pay for:
a) orders, where the packaging has been tampered or damaged by us,
b) Wrong order being delivered
c) Items missing from your order at the time of delivery.
5. DELIVERY
Our aim is to provide the best delivery service possible. However, unfortunately, things do not always go as planned due to many factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your order is delivered by the time specified in the email and Services. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the TmDone Partner at that time. Delivery time that is showing in the respective TmDone Partner’s interface, like 32 min, for example, it means the average expected time, it is not a fixed time for the delivery, hence it would be more or less than 20 minutes depending on the TmDone Partner and the road conditions at the time of delivery.
6. TERMS OF SERVICE
6.1 You agree and acknowledge that we shall not be responsible for:
(i) the services or goods provided by the TmDone Partner including, but not limited, serving of food orders suiting your requirements and needs;
(ii) TmDone hereby disclaims any guarantees of exactness in menu price as it appears on the website/application and ordered by you. The exactness of the menu price may differ due to merchant/ restaurant variations, new order(s)/ menu introductions, menu modifications, and other reasons similar. TmDone will make every effort to meet the user expectations but will not guarantee the exactness of the menu price.
(iii) the TmDone Partner’s services or goods not being up to your expectations or leading to any losses, harm, or damage to you;
(iv) the availability or unavailability of certain items on the menu or products in the category (v) the TmDone Partner serves the incorrect order/s.
6.2 The details of the menu and price list available on the Services are based on the information provided by the TmDone Partners and we shall not be responsible for any change or cancellation or unavailability.
6.3 You may not be able to avail of our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
6.4 You understand that delivery timing quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
6.5 Your order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion.
6.6 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding and you hereb accept such decision.
6.7 You hereby accept that our responsibility ends once your order has been delivered to you.
6.8 Services provided for the Product delivery
(i) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
(ii) Each purchase on the Service shall contain necessary instructions to redeem the Services.
These Terms of Use shall govern the terms of the Services and any other terms as set out in such document confirming such sale of service. You shall not be entitled to receive any credit, refund, or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
(iii) You agree and acknowledge that neither the TmDone Partner nor us shall be liable in the event of your failure to adhere to the Terms of Use.
(iv) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
6.9 We do not offer any refunds against goods already purchased from the Services unless an error that is directly and solely attributable to us has occurred during the purchase of such product or services.
6.10 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
6.11 If you use the Services, you do the same at your own risk.
6.12 You agree that we shall provide the Services only during the working hours of the relevant TmDone Partners.
7. LIABILITY
7.1 To the extent permitted by law, TmDone provides the Service and content on an 'as is' and 'as available' basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or errorfree or that defects will be corrected. Subject as provided below, neither TmDone nor any TmDone Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that TmDone or the TmDone Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the order, you have paid for in your order. This does not include or limit in any way TmDone or any TmDone Partner's liability for fraud or fraudulent misrepresentation.
7.2 We do not endorse any TmDone Partner. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm and do not confirm, any your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users.
7.3 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
8. GENERAL TERMS OF USE
8.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue its use. We shall assume that the user of our Service is 18 years unless proven otherwise. We shall not be under any oblihgation to make any investigation in this respect and we shall completely rely on the information provided by the user of our Services.
8.2 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity (“Third Party”) other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
8.3 As we are providing services in the city of Muscat (currently), we have complied with the applicable laws of Oman in making the Services and it’s content available to you. In the event the Services are accessed from outside Oman or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Muscat. If you choose to access or use the Services from or in locations outside Muscat, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.
8.4 You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.
8.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
8.6 By using the Services you represent and warrant that:
(i) all registration information you submit is truthful, lawful, and accurate and that you agree to maintain the accuracy of such information;
(ii) your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data;
(iii) you will not submit, post, upload, distribute, or otherwise make available or transmit any content that under the laws of Oman:
(a) is defamatory, abusive, harassing, insulting, threatening, or constitute an invasion of a right of privacy of others;
(b) is bigoted, hateful, or racially or offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
(d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(iv) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
v) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(vi) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(vii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) Any part of the Services or the Services software; or</strong><br><br><strong>, (b) Any equipment or any network on which the Services is stored or any equipment of any Third Party.
9. ACCESS TO THE SERVICES
9.1 We endeavor to make the Services available to you during TmDone Partner’s working hours (In case of a Restaurant, food outlets, and other products). However, we do not represent that access to the Services will be uninterrupted, timely, error-free, free of viruses or other harmful components, or that such defects will be corrected.
9.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or you are obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
9.3 We do not represent or warranty that the information available on the Services will be correct, accurate, or otherwise reliable.
9.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
10. RELATIONSHIP WITH OPERATORS IF THE SERVICES IS ACCESSED ON MOBILE DEVICES
10.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).
10.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
10.3 You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.
10.4 The license granted to you for the Services is limited to a nontransferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.
10.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
10.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to:
(i) any claim that the Services fails to conform to any applicable legal or regulatory requirement, or
(ii) claims that may arise under consumer protection or similar legislation.
10.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringe that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
10.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third-Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.
11. DISCLAIMERS
11.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
11.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE, TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
11.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
11.4 YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.
11.5 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
11.6 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
11.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INTELLECTUAL PROPERTY
12.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
12.2 You may print off one copy and may download extracts, of any page(s) from the Services or our website for your personal reference and you may draw the attention of others within your organization to material available on the Services.
13. TREATMENT OF INFORMATION PROVIDED BY YOU
13.1 We process information about you in accordance with our Privacy Policy.
13.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sublicensable license to use any material, which you submit to us on the Services for the purpose of use on the Services or for our general marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
14. INDEMNITY
You will indemnify, defend and hold harmless TmDone and its owners, licensee, affiliates, and their respective officers, directors, consultants, advisors and employees from and against any and all liabilities, claims, costs, and damages, (including legal fees and disbursements in connection therewith and interest chargeable thereon) resulting from any breach of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party
15. SEVERABILITY
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the applicable laws, then such illegality, invalidity or unenforceability shall not affect the remaining Terms of Use which shall remain in full force and effect.
16. ASSIGNMENT
You shall not assign or transfer the contract between you and us to any other person.
17. GOVERNING LAW
These Terms of Use are governed by the laws of Oman. The courts of Oman shall have exclusive jurisdiction over any dispute arising from or relating to the Services and there Terms of Use.