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Terms and Conditions

Terms and conditions for users of KoolOman.com website

Last updated date 21st January 2021

Introduction

KoolOman.com (website, product, directory, service) is a business domain directory wholly owned by Apex Press and Publishing (Company, Us, We, Our) a legally registered company in the sultanate of Oman located at Haffa House Hotel Building, Way No. 3320, Building No 133, Mumtaz Area, Ruwi, Sultanate of Oman.

KoolOman.com is a platform for local and international business organisations, Government organisations, individuals in professional services, charitable organisations, NGOs, places of worship etc. (Commercial Business Unit –CBU, Client, User, You, Your) to host their Website, Product, Service, Company details etc., for the purpose advertising and/or broadcasting. 

Apex Press and Publishing will provide space in the KoolOman.com platform to Commercial Business
Units, to create and maintain Business Unit Website and/or list their business names in the directory listing of the site which may involve a fee.

TERMS OF USE

Terms of use (terms and conditions, T&C) and the PRIVACY POLICY (PP)  are effective immediately on providing all mandatory registration details and clicking “submit” button on the REGISTRATION PAGE    

YOUR USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, “TOU”).

IMPORTANT- TERMS AND CONDITIONS SHOULD BE READ CAREFULLY. The Terms of Use in this page, along with any Terms and Conditions appearing on any other page in the website, any Terms of Offer appearing on the website, along with any published or communicated rules or instructions, constitute the entire agreement between you and us regarding your use of the website and related information, data and services, display of products, services or content (collectively, the “Services” or “Service”). 

 

  1. DEFINITIONS

1.1 Parties

                                                                                                                                    

1.2 User – A user is someone who accesses and/or uses the KoolOman hosting service and/or information in any form.

1.3 User Account-An account created by the website ADMIN with the mandatory details of the client

1.4 Client Portal (Back-end)– The secure private space that a client is allocated in the KoolOman site once registered.

1.5 Business Unit Website-BUS -(Front End) –This is the client site available for viewers

1.6 Client Profile– The identification, form and nature of the client portal

1.7 Viewer-Any person who views the information in the KoolOman site

1.8 Participating Viewer -PV– A viewer who may opt to comment, rate, or connect in any other form with the client. NOTE. In order to be a “Participating Viewer, a Viewer must have a registered user account with Kooloman.com

1.9 Viewer profile – The identification, form and nature of the participating viewer

1.10 Service. Use of the KoolOman website and related information, data and services, display of products, services or content.

1.11 Content. 1) “Content” means text, images, photos, audio, video, social media links, and all other forms of data or communication. 

2) “Client Content” means Content that you submit or transmit to, though, or in connection with your product via your client portal in the KoolOman site, It may be in the form of, photos, videos, compliments, invitations, check-ins, votes, ratings, reviews, friending and following activity, direct messages, and information that you contribute to your Business Unit Site.

3) “Viewer Content” means content that any viewer of the content submits or transmit to, through, or in connection with the client. 

4) “Site Content” means content that KoolOman create and make available in connection with the Service. 

5) “Third Party Content” means content that originates from parties other than the Company, Client or Viewers, and is published in the site and is made available in connection with the Service. 

1.12 Package – A package is a bundle of benefits and facilities available for a registered user of the site. 

  1. Payment Channels

2.1 Changes to the TOU

Apex Press and Publishing reserves the right to change, add to or revise any of the terms in the TOU at any time by posting in this website. If we revise the TOU, such revision shall be effective thirty (30) days for clients existing as on the revision date and immediately for new clients. It is the responsibility of the client to periodically check the TOU and review and changes made.

If you do not agree to the changes made you are advised to discontinue use of the service and cancel your account. 

You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

2.2 Provision of the KoolOman service

Apex Press and Publishing will strive to provide the best service at all times to its valued stakeholders.

Notwithstanding our good intentions Apex Press and Publishing will not take responsibility for any disruption of service due to act of God or any other conditions beyond the control of itself.

The service is provided on a “as is” and “as available” basis depending on the present technology and availability of the World Wide Web. 

We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability us.

Apex Press and Publishing takes no responsibility of unavailability of the service, due to the disruption of internet facility, itself from our internet service providers due to technical reasons.  

2.3 Eligibility to enter in to a contract with Apex Press and Publishing

To access or use the Services of this site you must be over eighteen (18) years of age and must not have any legal impediment to enter in to a contract with us, to the best of your knowledge. 

If you are representing an Organisation, your action of creating an account in the name of the Organisation, you confirm in trust that you have the requisite authority and power to enter into an agreement with us, for and on behalf of the company you represent, on the day you so enter to this agreement with Apex Press and Publishing. 

your access to or use of the Consumer Site will only be in your capacity as an authorized representative of your Business

If you have entered into a contract with us making us believe that you have such requisite authority, where you do not have such authority, you agree to indemnify and save harmless, Apex Press and Publishing, from any claims made by any third party.  

2.4 Registration and package fee-CBUs

The service is available for CBUs, after REGISTRATION [click here] in the KoolOman.com website. 

When you complete the registration process, KoolOman.com ADMIN [click here to contact], will create a user account and provide a user name and password, via email provided.  

A package fee may be charged as specified in the KoolOman RATE CARD (click here), depending on the PACKAGE (click here) selected by the CBU.

Where you have purchased a package, your account will be created only after the payment has been successfully received by us via the accepted payment channels. [link below]

2.5 Registration and Registration fee-PVs

There is no registration fee for participating viewers. 

However, in order to participate, a viewer must be registered and maintain an active user account.

When you complete the registration process, KoolOman.com ADMIN [click here to contact], will create a user account and provide a user name and password, via email provided

We reserve the right to discontinue a user account if the account is inactive for a period of time.

2.6 Maintaining User Accounts

You must create an Account (click here) and provide certain information about yourself and/or the Organisation that you represent, in order to register and/or purchase a package and/or to use some of the features that are offered through the Service. 

You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your User Account. 

You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your User Account at any time for any or no reason.

You may not create or use a User Account for anyone other than yourself or an organization you are authorized to represent. We ask that you provide complete and accurate information about yourself and/or the Organisation that you represent, when creating an Account in order to verify your credibility as user of the Service. 

You shall not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without our prior approval.

2.7 Verification by Site Admin

Once you submit the mandatory details, your application will go through a internal verification process. 

After the verification, if application is in accordance with setout guidelines, and site policies, we may proceed to approve your application.

The verification and approval process are conducted to the best of our knowledge and ability available at the time, and in relation to the information available to us at the time. Therefore, the we reserve the right to revoke the approval and cancel the account at any given time without prior notice. 

If your application is approved, you will be informed via the given email id, with further instructions enabling you to login to your account.

  1. Packages (Click here)

KoolOman offers four packages for hosting business domains.


Package features on the PACKAGES PAGES (click here) prevail over the features mentioned in the TOU

Apex Press and publishing reserves the right to change package features, and its prices without prior notice. For existing clients the new, features will be applicable only renewal or on an upgrade to a higher package. 

 

  1. Your BUS its creation and content.

After your account has been created you will be given access to your client Portal (back end) to create your Business Unit site.

The Client Portal is the secure private space that a client is allocated in the KoolOman site that allows you to design and add content to your BUS

Security and maintenance of the Portal and the Bus, its look and feel, and content is the sole responsibility of the client.

All content displayed must conform primarily to the relevant Copyright law, Data Protection Law, Consumer Protection Law, any other relevant laws and cultural and social norms of the Sultanate of Oman.  Further conformity to any international laws and other generally accepted laws norms must be maintained. Apex Press and Publishing will not be responsible for any such breach of law or trust and client expressly agrees to indemnify and save harmless Apex Press And Publishing from any liability.  

Apex Press and Publishing has the right to moderate, refuse, block, suspend, (administrative rights) the content you upload.  

Notwithstanding the administration rights of Apex Press and Publishing, You alone are responsible for Your Content, and once posted to KoolOman.com, it cannot always be withdrawn. Therefore, due diligence and care has to be exercised before uploading content to your website on our platform.

 You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. 

You must not under any circumstance imply or express that Your Content is in any way sponsored or endorsed by KoolOman.com or Apex Press and Publishing

  1. Your exposure to liability

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

  1. Our Right to Use Your Content. 

We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Apex Press and Publishing and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

  1. Ownership of content

As between you and Apex Press and Publishing, you own Client Content. 

Viewers own Viewer Content

Third Parties own third party content

Apex Press and Publishing own the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Client Content, Viewer Content and Third Party Content. 

We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the KoolOman.com Content and the Service, which are protected by copyright, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the KoolOman.Com Content in whole or in part except as expressly authorised by us. 

Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the KoolOman Content are retained by us.

 

  1. Violation of TOU by other users

Apex Press and Publishing is under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

 

  1. Payment to Apex Press and Publishing 

The only time you are expected to make a payment via the KoolOman site is if you are purchasing a package which is associated with a price. 

Viewers or other users cannot purchase any commodity or service, book an event or enter in any commercial or e-commerce, contract with any other participant via the KoolOman.com site. However, if you have provided a link to enter in to your site, any such viewer or user of KoolOman.com may engage in a commercial transaction directly with you, and Apex Press and Publishing takes no part or responsibility in this transaction.

KoolOman.com has provided a payment gateway (click here) in association with a reputable bank in the Sultanate of Oman, to make payments Apex Press and Publishing for the purchase of a package.

 

9.1 Making a payment to Apex Press and Publishing

The preferred and recommended method is to make payments via the payment gateway provided on the site, using your debit or credit card. 

We may accept direct transfers to Apex Press and Publishing bank account or an online transfer. Bank details will be sent on request.

Alternatively, you may make a cash payment at our Apex Press and publishing corporate office, and request a receipt.

In all instances you are advised to retain the proof of payment for at least a period of one year from the date of the transaction or the agreement period which ever is higher.

If you have used the payment gateway, you are bound by the TOU of the merchant bank (click here) that has facilitated the payment gateway. 

  1. Refunds

Once a payment is made for the service, a refund may not always be possible.

However, if an application is made within 24 hours from the time the payment is made, the Company at its discretion may consider a part of the amount so paid to be refunded, provided the company has not commenced any administrative procedure on your application.

On all cases of refund an processing fee of not less than 30% will be deducted.   

After 24 hours from the time of payment no refund requests will be entertained.

 

  1. Advertising by KoolOman.com

Apex Press and Publishing at its discretion, and without intimation to you or permission from you, may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. 

 

  1. REPRESENTATIONS AND WARRANTIES

12.1 You represent and warrant that: 

You have read and understood our Content Guidelines;

You have read and understood our Privacy Policy. If you use the Service outside of the Sultanate of Oman, you consent to having your personal data transferred to and processed in the Sultanate of Oman; and 

You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

12.2 Further warranties

12.2.1 You represent and warrant that you will not, and will not authorize or induce any other party, to:

Offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that KoolOman.com, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;

Solicit or ask for reviews from your customers;

Write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your business or your business competitors

Pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent KoolOman’s Recommendation Software (defined below) or fraud detection systems;

Attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;

Use any automated means or form of scraping or data extraction to access, query or otherwise collect KoolOman.com data, content and/or reviews from the Site, except as expressly permitted by us.

Use any KoolOman or Apex trademark or service mark in any manner without our prior written consent; or

Misrepresent your identity or affiliation to anyone in connection with KoolOman.

Your Business complies with applicable laws of the Sultanate of Oman and does not offer, advertise, sell, or lease illegal products and/or services;

You grant KoolOman a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;

You agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;

You understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on the business page for your Business;

You understand and agree that we may share certain aggregate or otherwise deidentified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses

 

  1. VERY IMPORTANT

You understand and acknowledge that KoolOman allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that KoolOman may employ automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while KoolOman uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. 

You understand and acknowledge that any purchase of advertising or other paid features from KoolOman will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on KoolOman.

 

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless Apex Press and Publishing, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Apex Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: 

  1. your access to or use of the Service, including Your Content, 
  2. your violation of the Terms, 
  3. your breach of your representations and warranties provided under these Terms, 
  4. any products or services purchased or obtained by you in connection with the Service, 
  5. your products or services, or the marketing or provision thereof to end users, or 
  6. the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. 

Apex Press and Publishing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Apex Press and publishing. Apex Press and Publishing will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF APEX ENTITIES TO YOU. 

EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE APEX ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE APEX ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE APEX ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

THE APEX ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE APEX ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

THE APEX ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE APEX ENTITIES IN CONNECTION WITH THE SERVICE IN THE 03 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) OMR 20.

THE APEX ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APEX ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY APEX BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS TOU WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

  1. TERMINATION

You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Apex Press and Publishing with a notice of termination here. 

We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

Termination of the service from either party does not necessarily warrant a refund of the amount paid

  1. SETTLEMENT OF DISPUTES, AND CHOICE OF LAW

You and we agree that any disputes between parties must be settled by discussion and mutual understanding on individual basis to the best of our abilities. If the process fails either party may resort to legal proceedings in accordance with the applicable and governing laws of the Sultanate of Oman

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KoolOman is part of Apex Media