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 TEARMS & CONDITIONS
 

 
 
The following are the terms of a legal agreement between the SUPPLIER  (hereinafter “User”) and the Ministry of Defence of the Sultanate of Oman (MOD). By clicking on the “I agree” icon, the User acknowledges that the terms of use have been read and understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations.
 
 
 
1.   Governing Law
 
The agreement between the User and the MOD in relation to the use of the MOD website shall be governed by the Laws of the Sultanate of Oman, regardless of the jurisdiction from which the User accesses this website.  All disputes arising herefrom or related hereto shall be determined by the Courts of the Sultanate of Oman.
 
 
2.    Warranties
 
The User represents and warrants to the MOD that
 
   (a)  It has the full right, power and authority to enter into these terms;
 
   (b)  All details submitted for registration are accurate, up to date and complete;
 
   (c)  It will inform without any delay any change to any particulars requested in the
         registration form;
 
   (d) It will comply with all applicable laws and regulations;
 
   (e) It will ensure that the MOD’s website will be used in accordance with these terms;
 
   (f) It will ensure that all its servants, employees and agents will act in compliance with
       the User’s obligations contained herein; and
 
   (g)    It will not use or permit any person within its control to use the MOD website or the
services provided therein and/or provide access thereto in any way that could bring the MOD into disrepute or otherwise cause the MOD any loss or damage.
 
 
 3.    No expectation of award of any contract
 
The User hereby acknowledges that the MOD is not obliged to award any contract or consider any material submitted by the User and that the decision to award any contract, consider any material and proceed or not proceed with any contract or tender is at the complete and exclusive discretion of the MOD.  The User shall not be entitled to maintain any claim of any nature whatsoever against the MOD for any expenses incurred in relation to the registration on this website or consideration of any contracts or preparation of or for any tenders.
 
4.    Modification of Terms of Use
 
 
The MOD reserves the right to amend the Terms of Use at any time or modify or discontinue, temporarily or permanently, this website or any part thereof, with or without notice, and without incurring any liability to the User or to any third party.   Any changes to the Terms of Use will be effective following the posting of the amended version on the site.  It is the User’s responsibility to review the Terms and Conditions regularly to ensure the User is aware of the latest Terms of Use. The User’s continued use of the website and any services provided therein will constitute the User’s acceptance of the modified Terms of Use. If the User does not agree to any changes to these Terms of Use, then the User’s only remedy is to cease accessing, browsing or otherwise using this website.
 
 
The MOD reserves the right to vary the free and paid-for content/features of the website and does not guarantee that the content/features of the website provided free of charge will remain free of charge and does not guarantee that the content /features of the website provided subject to payment will remain a paid-for service.
 
 
 5.    Disclaimer of Warranty
 
 
Use of this site is at the User’s sole risk. All materials, information, products, software, programs, and services are provided "as is," and on an "as available" basis, with no warranties or guarantees whatsoever. MOD expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, MOD makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.
 
The User understands and agrees that if the User downloads or otherwise obtains materials, information, products, software, programs, or services, the User does so at the User’s own discretion and risk and that the User will be solely responsible for any and all damages of whatever kind that may result, including but not limited to the loss of data or damage to the User’s computer system.
 
 
 
6.    Limitation of Liability
 
 
The MOD is not liable for the contents of any external sites listed or linked to in the website, and does not endorse any commercial product or service mentioned or advised on any of the sites. In no event will MOD be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, references, or accessed through this website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, loss of goodwill, any lost profits, business interruption, lost savings or loss of programs or other data or any other intangible loss, even if MOD is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal bases.
 
 
7.    Use of MOD Website and services provided herein
 
The User shall not use any 'deep-link', 'page-scrape', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any MOD websites, or in any way reproduce or circumvent the navigational structure or presentation of the MOD Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the MOD. The MOD reserves the right to bar any such activity, including via software and other electronic means.
 
The User shall not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any MOD server, or to any of the services offered on or through any MOD websites, by hacking, password 'mining' or any other illegitimate or unauthorised means.
 
The User shall not probe, scan or test the vulnerability of any MOD websites or any connected network, nor breach any of MOD’s security or authentication measures. The User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to any MOD website, or exploit the website or any service or information made available or offered by or through MOD’s website, in any way where the purpose is to reveal any third party information. The User agrees that the User will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of MOD's websites or other systems. The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website. The User agrees that the User will not make or attempt any denial of service attacks against MOD.
 
 
8.   Consequences of Breach of these Terms
 
In the event that the MOD considers or determines, in its complete discretion, that the User has breached, violated or contravened any provision of this Agreement or has otherwise demonstrated inappropriate conduct in the use of the website, MOD reserves the absolute right, at its sole discretion, without prejudice to any other remedy available to it under law, to:
 
 
    (a) warn the User that the User has violated this agreement and ask the User to
         discontinue such conduct; and/or
 
    (b) discontinue the User’s membership of the website and/or any other related services,
          including paid for content/features;
 
    (c) take measures (including terminating, suspending or restricting the User’s use of the
         website) to prevent the User from using, linking to or accessing the website or any
         services provided thereunder; and/or
 
    (d) terminate this Agreement with immediate effect.
 
 
9.   Site Security
 
 
For site security purposes and to ensure this service remains available to all users, MOD monitors network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the site.  Unauthorised attempts to upload information or change information on this service are strictly prohibited and may be punishable under the laws of the Sultanate of Oman.  
 
 
10.   Use of the Ministry of Defence Seal or other marks, emblems of the MOD or the Sultanate of Oman
 
The User shall not use or cause to be used, without permission from the MOD the words “Ministry of Defence”, the initials, or seal of the Ministry of Defence or any other marks, signs or emblems of the Ministry of Defence or the Sultanate of Oman in connection with any commercial activity or in a manner intended to convey the impression that such use is approved, or authorised by the Ministry of Defence.
 
 
11.   Patents, Trade Marks and Copyright
 
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the website are the property of the MOD and/or its affiliates. The User shall not copy, display or use any of these marks without prior written permission of the relevant owner. The Website and portions of it may be protected under patent law and copyright law and may be the subject of issued patents and/or pending patent applications.