Terms and Conditions

The app, EZsouq ("App", “Site”, “EZsouq”) is an electronic based platform acting in the capacity of a search engine or for exchanging, exploring and enhancing business online for real estate, housing and property in Oman. It is owned and managed by Excellence Services and Trade Est. ("Company", “EZsouq”, “Excellence”) with its registered office at Mawalah South, Oman with Commercial registration No. (1167062).

Any and all use of this app and associated website are subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms"). It is mandatory for all Users of the Site to have read carefully, fully understood and be in total agreement to the Terms below before they proceed to use any of the services of the Site ("Services"). The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Omani laws. Excellence Services and Trade may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.

DEFINITION CLAUSE:

User: For purposes of this Agreement, a ("User", “Subscriber”) is any person who accesses the app for whatever purpose, regardless of whether said User has registered with EZsouq as a registered User or whether said User is a paying User for a specific service provided by EZsouq. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

Un-Authorized User: Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized User' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

Free Services: Any person/entity that joins the portal Ezsouq just with the intention to enlist his listing and showcasing his business online without availing any specialized services thereto.

Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.

By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older; and (d) The use of the Site does not violate any applicable law or regulation. (e) User's profile may be deleted, and his Membership may be terminated without warning, if we believe that user is in breach of any of the above terms. (f) In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence, or other tortuous action, arising out of or in connection with the use of the site.

That the Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If any User/individual; /entity become aware of any inappropriate content by any User of this site, or otherwise please contact us by WhatsApp or email.

The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site has posted ONLY products and services on which they have complete authorization / ownership / dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate it if the same is to be brought to our notice. The Site neither advocates / endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.

That the Site shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users, and which is beyond the control of verification.

That the Site shall have a sole discretion regarding deletion of his User's classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of third party.

This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to EZsouq and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.

EZsouq may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by EZsouq of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer at EZsouq.

Users be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and EZsouq or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The Users are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.

Membership charges are subject to revision and are at the discretion of the EZsouq.

EZsouq reserves their right to block or delete the listings, properties, users, at any time without assigning any reason etc. and the User's will have no claim or right whatsoever against Excellence Services and Trade under any circumstances.

Users agree to accept communications (through Calls/Chat/ Mails/SMS/Whatsapp) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of EZsouq and Excellence Services and Trade.

USER'S OBLIGATIONS

PROPRIETARY RIGHTS IN CONTENT ON EZsouq

EZsouq owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of EZsouq. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, registered marks ("Marks") appearing in EZsouq are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.

The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of Oman.

PROHIBITED USE

In the event of a violation of any of the above-mentioned covenants by the User, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity, which leads to the said violations, and in the event the User continues with such activity, the Company has the sole authority to terminate or suspend the membership at EZsouq and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the User.

Listing COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the EZsouq service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. EZsouq's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.

CONFIDENTIALITY

As EZsouq is an online platform so it cannot guarantee confidentiality of information provided by Users who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of EZsouq.

The User is entitled access to his own data and information stored in the database at EZsouq (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

The Users need to be aware that when they voluntarily reveal identification oriented information (name, phone number, e-mail address) to anyone resulting in unsolicited messages from third parties then such interaction is beyond the control and liability of EZsouq.

EZsouq is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.

The copyright, know how or any other related intellectual property to the Service or EZsouq shall be the sole and exclusive property of the Company. In the event the User has contributed any content to Esouq in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.

PRIVACY POLICY

The information provided by the user of EZsouq shall be in accordance to the respective laws. The information/data provided by the user may be used by all divisions/sister concerns/ventures of the EZsouq to carry out the purpose of the project, whereas in no case it shall be communicated/ transformed/spread to any company/third party or whatsoever for any other commercial usage without the consent of the user.

Updating/modification/deletion of user's data/ information shall be done on the written request of the user himself or his representative or his authorized person only.

By using this Site, the Users understand that all the information provided by you including and not limited to the company's information, property listing details are being submitted in the Site and by registering on this Site, you agree that the information posted by you is a public document that can be accessed by other Users of the Site. You agree and consent that EZSouq can use all the information provided by you to help you in the pursuit for find a buyer / seller by either forwarding the requirements to registered Users or by showcasing your property listing on the Site's search displays for the candidates (Visitors / Users) to see and contact.

EZsouq is committed to respecting the online privacy of its Users and doesn't intend to sell, rent or share the Personal Information of Users to Third Party. The Site shall not transfer any such information unless it is legally required or to provide services to support your search for candidates. You agree to not hold EZsouq liable for any breach in privacy due to technical or any other means.

EZsouq strives to provide a safe, secure User experience. The Site is committed to protect your Privacy but cannot guarantee / promise the same and you understand and agree that you assume all responsibility and risk for your use of the Site.

Being an Intermediary, the role of the Site is limited to providing a platform for the Users to interact and we have no control over the data usage practiced by the Users who use the services of the Site.

By using the Services of the Site you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the Services offered by the Site and consent that EZsouq can contact your for offers, updates, service-related information, send newsletters, for feedback, surveys, promotions, contests etc.

The pages on the Site utilize "cookies" and other tracking technologies mainly to improve the User experience on our Site and analysis of traffic is undertaken to reveal the trends and statistics.

EZsouq advises its User to exercise complete caution while completing online transactions and it is the sole responsibility of the User to verify and validate the information present on the site as well as the people whom they choose to interact with. EZsouq shall not be responsible for any loss / damage due to negligence of the User. You have sole authority to access and update all the information posted by you on the Site and it is your responsibility to keep the same updated. It is strictly advised that Users respect the Privacy of other Users as well as keep their profiles updated. Access to services of the Site including updation / deletion of profile may be restricted / denied if it comes to the notice of EZsouq that this would violate anybody else's rights or if so requested by a legal entity.

LIMITATION OF LIABILITY

DISCLAIMER

USE OF DATA

The User hereby agrees and irrevocably authorizes the Company to:

RERA DISCLAIMER

The Users who are sellers such as Project Developers / Builders / Real Estate Agents shall obtain necessary registration under the said Act and ensure all necessary compliance with the rules, regulations and guidelines of real estate services at Oman. It is mandatory that these Users disclose all the requisite information and relevant details. EZsouq neither guarantees nor offers any warranty about the information including Real Estate Agents or companies credentials posted by the Project Developers / Builders / Real Estate Agents as well as their compliance.

The Site recommends that the Users refer the respective authorities and websites, as may be applicable, of the respective where the Project / Property is registered for complete procedures as well as accurate information related Project / Property posted on the Site by Project Developers / Builders / Real Estate Agents and advises the Users to take all efforts to make necessary verifications before proceeding for finalization / transactions.

In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, any claims arising due to inaccurate / discrepant information posted on the Site.

The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained at Ezsouq.

INDEMNITY

You agree to indemnify and hold EZsouq, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

VARIATION

The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the User.

The Terms and Conditions of this agreement will be updated from time to time and posted at EZsouq The User should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

PAYMENT AND REFUND POLICY

Payment for memberships:

All payments for services at EZsouq have to be made in favour of "Excellence Services and Trade" only. All payments need to be made on 100% advance basis to continue to use uninterrupted Paid Services.

We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal Paypal Accounts for any services rendered by EZsouq. You are informed that under no circumstances will EZsouq be liable for any damage caused due to your transactions / payments made to / in favour of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.

The User, who is liable to pay Subscription Fees, shall pay it on demand even if the User disputes the same for any reason. In the event that the Company decides the dispute to be in the User's favor, the Company shall refund to the User any excess amount paid by the Member free of interest. In the event of late payment by the User of any sums due under this Agreement, the Membership and the services would stand terminated.

Refund / Money Back Policy:

Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. EZsouq neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.

Refund on the basis of fraudulent transactions: The User is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his Profile. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. EZsouq assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.

Refund on the basis of change in preference / delay in process: As we at EZsouq keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.

Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.

SUSPENSION / TERMINATION OF SERVICES

EZsouq reserves the right to partially suspend the User's access to certain features, panels, access points or fully terminate a User's Account at any time without assigning any reason or notice to the User (Free and Paid Members) in order to protect the interests of other Users of EZsouq and / or the interests of EZsouq.

Termination or suspension either fully or partially as deemed fit by EZsouq may be on reasonable grounds to suspect / on receipt of complaint / a belief / an investigation / a notification from law-making bodies or governing authorities and can be done for the following reasons:

With such termination, the User(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitled to register again with new User information unless permitted by EZsouq in writing. No membership charges / subscription fee paid by the User(s) will be refunded in case of termination. The User(s) acknowledge and agree that any direct or indirect damage caused due to such termination are not a liability of EZsouq.

USER DISPUTES

The Users are solely responsible for your interactions at EZsouq and EZsouq reserves the right, but has no obligation, to monitor disputes between Members.

EZsouq will not be party to any legal proceedings between User and any other registered or free User for any transactions through the Site. EZsouq will always abide by governing / legal authorities order and cooperate fully through the process, but the costs of the same shall be recovered from the party that has implicated EZsouq in such case.

MATTER OF DISPUTES AND JURISDICTIONAL ASPECTS

For any kind of legal dispute related to EZsouq would be dealt in only City of Muscat, Oman. All the legal issues are subjected only to pertinent contemporary's laws in force at Oman to the jurisdiction of courts located in Muscat only.

GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or matter arising from incidental use EZsouq is governed by the laws of Oman and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Muscat, Oman. This Agreement, accepted upon use of the Site and further affirmed by becoming a User of the EZsouq, contains the entire agreement between you and EZsouq regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.