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.