Ebinaa "RULES & CONDITIONS FOR EBINAA'S DESING & CONSTRUCTION MARKETPLACES"

Rules & Conditions

for
eBinaa's Design & Construction Marketplaces

Rules and Conditions

Welcome to eBinaa's Design and Construction Marketplace owned by eBinaa Professional Services LLC incorporated in accordance with Omani Laws and Regulations under CR number 1355332 (hereinafter the "D&C Marketplace", "we", "us", "our" or "eBinaa").

By using Tendering Marketplace, you (hereinafter the "user", "Client", "Contractor", "Engineering Consultant", "you" or "your" as per the requirement of the context) agree to the Rules and Conditions (hereinafter the "R&C") set out herein without any qualification or limitation. You are advised to the read the R&C carefully and if you do not agree with any of the terms of these R&C, please do not access, register at or use the Site. Your usage of the Site is contemplated as an implied acceptance.

You hereby agree that these R&C are applicable in addition to the specific contract, if any, concluded between eBinaa and the Client, Contractor or Engineering Consultant (hereinafter the "Special Contract"), as the case may be. In case of any conflict between these R&C and the Special Contract, terms of the Special Contract will prevail.

Design and Construction Marketplace:
1. We are an online D&C Marketplace and these R&C govern your access to and use of D&C Marketplace along with its website and mobile application (hereinafter collectively referred to as the "Site"). By using, accessing or registering on the Site, you hereby accord your acceptance to these R&C (hereinafter the "User Agreement", where the context so requires) and covenant that you will comply with these R&C without any qualifications or limitations.
Modification of R&C:
1. We reserve the right to change, modify, add, or remove portions of these R&C at any time without any prior notification and such changes shall be effective immediately.
2. User shall check these R&C regularly for updates as continued use of the Site following amendments to R&C constitutes your acceptance of those amendments.
Our Role:
1. You agree, understand and acknowledge that the Site is an online platform that connects Contractors and Engineering Consultants with clients interested in residential or commercial buildings design and construction. You further agree and acknowledge that we are only a facilitator ensuring flexible communication and interactions between Contractors, Engineering Consultants, and the Client. This entails providing online payment services as well as improving user interface facilities through an online platform. We are excluded from all and any obligations or/and legal liability conferred upon the Contractor, Engineering Consultants and the Client by way of agreement or failure of payment.
2. eBinaa Construction Contract concluded between the Client and the Contractor oand the Engineering Consultantis a tripartite contract between the Client and Contractor and Engineering Consultant, as the case may be, while we are responsible for distribution of the payment from our accounts upon transfer by the Client or any other party as the circumstance entail. We are not responsible for any party failure to adhere to payment obligations and shall not be held liable in such circumstances.
3. You further acknowledge that exchange of information taking place between the Client, Contractor and Engineering Consultant over the Site, subject to Site's default structure, or otherwise has no involvement or input from eBinaa.
Usage of the Site:
1. To access certain services offered on Site, we may require that you create an account with us or provide personal information to complete the creation of an account (hereinafter the "User Account").
2. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure that User Account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account.
3. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
4. You agree and acknowledge that any use of the Site and services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you, as the case may be, whether such access or use are authorized by you or not.
5. You agree that we shall be entitled, but not obliged, to act upon, rely on or hold you solely responsible and liable in respect of the acts performed through your User Account as if the same were carried out or transmitted by you.
6. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your User Account, whether such use is authorized or not.
7. You shall ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing User Account.
8. In case you are not able to update your information on the Site, you must inform us by emailing us at support@ebinaa.com form and we will assist you with the changes you desire to make.
9. You hereby agree to change your password from time to time to mitigate the chances of any unauthorized use and maintain the confidentiality of User Account.
Conditions of Site usage:
1. By accessing the Site, you confirm that you can form legally binding contracts and that you are at least 18 years of age.
2. If you are registering as a business entity, you represent and warrant that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all the applicable laws.
3. No person or business entity may register as a member of the Site more than once.
4. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and does not reflect eBinaa's opinion.
5. We grant you a limited license to access and make personal use of the Site, but not to download or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or information posted on the Site by any user.
6. You shall not use, in any way, any information, trademark, logo, or other proprietary information including images, text, page layout, or form without our express written consent.
7. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or disrupt access to Site in any way.
8. You agree and undertake not to perform following activities:
  1. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  2. Use the Site for illegal purposes;
  3. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site;
  4. Interfere with another user's utilization and enjoyment of the Site;
  5. Post, promote or transmit through the Site any prohibited materials as deemed illegal; discriminatory; obscene; libelous; defamatory; ethnically objectionable; disparaging or in breach of; copyright, trademark, confidentiality, privacy or any other proprietary information or right or any material which is otherwise prohibited by law;
  6. Use or upload, in any way, any software or material that contains, or which you have reason to suspect that it contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another user's computer or mobile device or the Site and use the Site other than in conformance with the applicable law and the purpose for which the Site has been made.
9. You may not and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the software.
10. In order to keep the Software up to date, we may offer automatic or manual updates at any time and without notice to you.
User's Obligations
1. User shall:
  1. Update the project information with the value, name of the Contractor and Engineering Consultant after the conclusion of the contract between the Client and Contractor or Engineering Consultant, as the case may be;
  2. Regularly update the D&C Marketplace with updates on Project Progress ;
  3. Upload project pictures on the D&C Marketplace;
  4. Write a review about the helpfulness of the Site and the conduct of the other party, that is, Client, Contractor or Engineering Consultant, the case may be.
2. In addition to the foregoing, Engineering Consultant shall also:
  1. Submit a list of Clients known to them through the Site by emailing at support@ebinaa.com and/or upload the project in the D&C Marketplace;
  2. Submit one article per month on a subject suggested by eBinaa;
  3. Introduce eBinaa to their personal clients and to other members belonging to their profession.
Terms Governing the Relationship between the Client and Contractor or Engineering Consultant:
1. Formation of Contract:
  1. Enlistment of building requirements by the Client on eBinaa and subsequent response(s) from either the Contractor or the Engineering Consultant, as the case may be, constitutes an invitation to offer from either the Contractor or the Engineering Consultant, as the case may be.
  2. Upon Client's selection from an invitation to offer as received from Contractor or Consulting Engineer, a valid offer is received by Contractor or Consulting Engineer and acceptance from the Contractor or Consulting Engineer, as the case may be, results in conclusion of a valid and binding contract between the respective parties.
2. Implementation:
  1. Implementation of the terms of the contract concluded between the Client and Contractor or Engineering Consultant, as the case may be, is the responsibility of the parties to such a contract.
3. Essential terms:
  1. Any contract concluded between the Client and Contractor or Engineering Consultant, as the case may be, shall, inert alia, provide:
    1. Period for completion of services;
    2. Amount of consideration;
    3. Responsibilities of each party to the contract; and
    4. Details of the services, work, materials, installations and/or supplies.
Reviews, Submissions and Queries:
1. Any submissions made by you on the Site, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you.
2. When you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content (hereinafter collectively referred to as the "Submissions"). You shall not use a false e-mail address, present yourself under a false identity or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course available to us in this regard.
3. You shall observe decency in all your Submissions and communication taking place via Site and any misbehavior or offensive submission or communication may result in deletion of Submissions along with suspension or termination of User Account.
Objections on Content:
1. If you believe that any content on the Site is illegal, offensive, against Islamic principles, customs of Omani society or disturbs public order; or which consists of or contains software viruses, please notify us by way of using "contact us" section and we will make all practical endeavors to investigate and remove objectionable content complained about within a reasonable amount of time provided the same is deemed objectionable by the eBinaa committee reviewing the content complained about.
2. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us by way of using "contact us" section and we will make all reasonable efforts to address your concern within a reasonable amount of time.
Trademark and Intellectual Property:
1. Our trademarks, graphics, logos, page headers, button icons, scripts and service names are our trademarks or trade dress, whether registered or not, and may not be used in connection with any product or service not owned by us or which may cause confusion among customers, or disparages or discredits us in any manner whatsoever.
2. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
3. Rights in intellectual property, whether registered or unregistered, in the Site, information content on the Site, content of the standard contracts available on the Site, and the website design, including, but not limited to text, graphics, software, photos, video, music, sound, their selection and arrangement, all software compilations, underlying source code and software shall remain our intellectual property and shall not be used, reproduced or modified without our express permission.
Disclaimer:
1. You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions.
2. You acknowledge and agree that we are not liable, under any circumstances, for the content of any emails, photos, comments, materials, advertisements or for any other content or communications posted by user(s) or third parties or for any damage or loss of any kind incurred as a result of browsing, using or/and reading any Content available on the Site.
3. User hereby confers the right on eBinaa to amend or/and alter and/or delete any uploaded material by the User subject to its sole judgement and convenience.
4. We shall neither be liable nor responsible for any actions or inactions of Client, Contractor, Engineering Consultant or any third party nor any breach of conditions, representations or warranties made by the Client, Contractor or Engineering Consultant and hereby expressly disclaim any and all responsibility and liability of eBinaa in this regard.
5. We shall neither mediate nor resolve any dispute or disagreement between the users.
6. We further expressly disclaim any warranties or representations either express or implied made in respect of quality, suitability, accuracy, reliability, completeness of action or information, timelines, performance, safety, fitness for a particular purpose, or legality of the transactions taking place between the users.
7. We do not provide any warranty of any kind for information provided on the Site incorporated by the user(s) as the information is displayed as provided by the user(s).
8. We do not implicitly or explicitly support or endorse any user or third party.
9. When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to separate policies, terms of use, and fees of these third parties. You are advised to make yourself aware of third-party policies as we do not take any responsibility for your usage of services provided by third parties to access, use or register at the Site.
10. While we take precautions against reasonable and possible security breaches to protect the user data and every other information available and related to the Site, no website, application or internet-based transmission is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, and we cannot guarantee the security of your information.
Data Collection and Privacy:
1. We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
2. You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have User Account and log in with your username and password.
3. Collection of data:
  1. We may collect various pieces of information if you seek to create a project or submit a proposal, as the case may be.
  2. We collect, store and process your data for creation of a project or proposal. Furthermore, we may collect personal information including, but not limited to; your title, name, gender, date of birth, email address, postal address, telephone number, mobile number and/or fax number.
  3. We will use the information you provide to administer your account with us; verify the details; audit the downloading of data from our website; improve the layout and/or content of the pages of our website and customize them for users; identify users on our website; carry out research on our users' demographics.
  4. You must only submit to us the information which is accurate and not misleading and you must keep it up to date and inform us of changes.
4. Uses of collected information:
  1. We may use your personal information for opinion and market research. Your details are anonymous and will only be used for statistical purposes. You can choose to opt out of this at any time.
  2. Any answers to surveys or opinion polls we may ask you to complete will not be shared with third parties.
  3. If you are not a registered user then disclosing your email address is only necessary if you would like to take part in competitions.
  4. We may further anonymize data about users of the Site generally and use it for various purposes, including ascertaining the general location of the users and usage of certain aspects of the Site or a link contained in an email to those registered to receive them, and supplying the anonymized data to third parties such as publishers. However, the anonymized data will not be capable of identifying you personally.
5. Correction of data:
  1. If you are concerned about your data, you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge. At any stage, you also have the right to ask us to stop using your personal data for direct marketing purposes.
6. Use of Cookies:
  1. To improve the effectiveness and usability of the Site for our users, we use "cookies", or such similar electronic tools to collect information to assign each visitor a unique random number to understand the user's individual interests using the identified computer or any handheld device.
  2. Unless the user voluntarily identifies himself/herself (e.g., through registration), we have no way of knowing who the user is, even if we assign a cookie to the user's computer or handled device. The only personal information a cookie can contain is information supplied by the user. A cookie cannot read data off of the user's hard drive.
  3. Site advertisers may also assign their own cookies to the user's browser, a process that we do not control.
Indemnification:
1. You shall indemnify and hold harmless eBinaa, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed upon you due to or arising out of your breach of these R&C or any document incorporated by reference, or violation of any law, rules, regulations or the rights of a user or a third party.
2. You hereby expressly release eBinaa and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions or inactions of the Client, Contractor or Engineering Consultant or any other entity or provider of any service mentioned on the Site or related to the transaction that takes place between the Client, Contractor or Engineering Consultant and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
3. Where the data collected on the Site is compromised by way of cybercrime, hacking etc. then you hereby agree to waive any rights in law or otherwise that you may possess to bring a claim against eBinaa.
Third Party Businesses:
1. If you find any links on the Site referring to the websites or contact details of any business or individual other than eBinaa then such third-party links shall not be taken as representative of eBinaa or endorsed by eBinaa. We are not responsible for examining or evaluating such links or information, and we do not warrant or endorse the offerings of any of those businesses or individuals, or the content of their websites.
Transmission of Information:
1. You consent to receive communications, including transactional, promotional and/or commercial messages, emails, brochures etc., from us with respect to your use of the Site and creation/submission of project or proposal at the address, number and email recorded by you in User Account and agree to treat all modes of communication with the same importance.
2. You may unsubscribe to the promotional emails and messages at any time that you desire.
Limitation of Liability:
1. To the fullest extent permissible by laws of the Sultanate of Oman, we, or our employees or agents or otherwise, will not be responsible for any business or personal losses including, but not limited to, loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure or any other indirect or consequential loss.
Severability:
1. If any of R&C conditions is deemed invalid, void, or for any reason unenforceable, such R&C will be deemed severable and will not affect the validity and enforceability of any of the remaining condition(s).
Force Majeure:
1. We will not be held responsible for any delay or failure to comply with our obligations under these R&C where the delay or failure arises from any cause which is beyond our reasonable control or was not reasonably foreseeable and/or a force majeure event.
Waiver:
1. Subject to this R&C document as well as other agreements concluded by way of using facilities provided by eBinaa, no provisions under this R&C or the subsequent agreements shall be interpreted or regarded as a waiver of any breach of obligations as expressly incorporated or impliedly contemplated part of this R&C or subsequent agreements.
Termination:
1. In addition to any other legal or remedies, we may, without prior notice to you, immediately terminate: the User Account or revoke any or all of the rights granted to you under these R&C, without prior notice to you.
2. Upon termination of User Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site in whole or in part.
3. You furthermore agree that eBinaa shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue the usage of the Site.
Governing Law and Jurisdiction:
1. R&C shall be governed by and construed in accordance with the laws of Sultanate of Oman and any dispute arising out of these R&C shall be resolved by courts of Muscat to the extent that such R&C are applicable directly between the user and eBinaa and not otherwise.

Rules & Conditions

for eBinaa's Design & Construction Marketplaces

Rules and Conditions

for
eBinaa's Design & Construction Marketplaces