Welcome to “MLS / مسقط للمواشي” owned by Muscat Livestock Trad Co. LLC incorporated in accordance with Omani Laws and Regulations under CR number 1044421 (hereinafter the “MLC Marketplace”, “we", "us", “our” or "MLC").
By using MLC Marketplace, you (hereinafter the “user”, “you” or “your”) 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 Marketplace:
- We are an online marketplace and these R&C govern your access to and use of MLC 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:
- 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.
- 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.
- You will be subject to the policies in force at the time you use the Site unless any change to those policies or these R&C is required to be made by law or government authority in which case such change will apply to the undelivered orders previously placed by you.
Important Notice:
- You agree, understand and acknowledge that the Site is an online platform that enables you to purchase Featured Food Products (“Products”) at the price listed therein at anytime from anywhere in Sultanate of Oman (“Oman”), unless provided or notified otherwise, using available payment methods.
- Products featured on the Site are readily spoilable and shall either be consumed immediately or kept refrigerated at -18 degrees Celsius upon delivery.
- You further agree and acknowledge that we supply Products to you at the prices mentioned on MLC Marketplace, subject to R&C, but we have no control on the payment gateway as the same is made available to you by an independent service provider.
- Contract of sale of products on the Site is a bipartite contract between you and the MLC Marketplace while the payment processing occurs:
- Between you and MLC Marketplace where you decide to pay upon delivery of Products; or
- In case of prepayments with electronic cards, between you and issuer bank (hereinafter the “User Bank”) constitutive of the bipartite contract between you and the User Bank.
- You further acknowledge that the images of Products are displayed on the MLC Marketplace for reference only and the actual Products delivered to you may vary in size, colour, cut and packaging depending on your order. Hence, we assume no liability for any dissimilarity between the Products’ image and the actual Products delivered to you.
Site Accounts:
- To access services offered on the 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”) or provide such information as we deem necessary to ensure the delivery of Products to you where you wish to buy Products as a non-registered user (hereinafter the “Guest Account” or “Guest Details”).
- Where you access the Site through User Account:
- You remain 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.
- 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 by email us at contactus@muscatlivestockllc.com or using the password reset option.
- You hereby agree to change your password from time to time to mitigate the chances of any unauthorized of User Account.
- You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications through User Account or Guest Details shall be deemed to be either performed by you or authorized by you, as the case may be.
- You agree to be bound by any access of the Site and/or use of any services offered on the Site from User Account or Guest Account, whether such access or use are authorized by you or not. You agree that we shall be entitled, but not obliged, to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
- You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from your usage of or access to the Site, whether such use is authorized or not.
- You shall ensure that the details you provide us with are correct and complete at all times.
- User Account holders are obligated to update details about their account in real time by accessing the account online.
- In case you are not able to update your information on the Site, you must inform us via email at contactus@muscatlivestockllc.com and we will assist you with the changes you desire to make.
- We reserve the right to refuse access to the Site, terminate accounts, remove or edit content of the Site at any time without prior notice to you.
- We may at any time in our sole and absolute discretion, request that you update your personal data.
User eligibility:
- By accessing the Site, you confirm that you can form legally binding contracts and that you are at least 18 years of age or are, otherwise, accessing the Site under the supervision of a parent or legal guardian competent to enter into a binding contract.
- We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the R&C described herein, for the purposes of purchasing Products featured on the Site.
- If you are registering as a business entity, you represent and warrant that you have the authority to bind the business entity to this User Agreement and that you and the business entity will comply with all applicable laws related to trading.
- No person or business entity may register as a member of the Site more than once.
Conditions of Site Usage:
- Submissions or opinions expressed on this Site are those of the individual(s) posting such content and does not reflect our opinion.
- 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 its contents; any collection and use of any Products’ listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another seller or otherwise; or any use of data mining, robots, or similar data gathering and extraction tools.
- Site or any portion of it including, but not limited to, any copyrighted material, trademarks, or other proprietary information may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
- You shall not use, in any way, any trademark, logo, or other proprietary information including images, text, page layout, or form without our express written consent.
- You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable.
- 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 interrupt, damage or impair access to the Site.
- You agree and undertake not to perform following activities:
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- Use the Site for illegal purposes;
- Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site;
- Interfere with another user’s utilization and enjoyment of the Site;
- 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 otherwise prohibited by law.
- 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, Vendor’s or Service Provider’s computer or mobile device or the Site and use the Site other than in conformance with the law and the purpose for which the Site has been made.
- 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.
- In order to keep the Software up to date, we may offer, without prior notice, automatic or manual updates at any time.
Conditions of Sale and Purchase:
Formation of Contract:
- Your order is a legal offer to buy the Product(s) displayed on Site at the price and information listed against each product.
- When you place an order to purchase the Product(s), you will receive a confirmation email or text message which shall contain the order details and the same shall be treated as our acceptance of the order.
- All contractual terms are offered by and agreed between you and us upon our acceptance of the order, at our discretion. The contractual terms may include, without limitation, price, delivery charges, payment method(s), payment terms, date, period and mode of delivery.
- Once the order has been confirmed, you will be liable for payment of such order, save where the order is cancelled by us in accordance with these R&C.
- Provided where the order is cancelled by us, you hereby agree that you will only be entitled to reimbursement of prepayment and that you specifically waive any rights in law or otherwise that you may possess to bring a claim against MLC.
- Provided further that where the order is cancelled by us and no prepayment for the order has been received from you then you unequivocally waive any rights in law or otherwise that you may possess to bring a claim against MLC.
- Payment Options:
- We offer two methods for you to pay for your desired Products:
- Pre-payment by way of using the services of User Bank;
- Cash on delivery.
- In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the Product and to verify the personal information you shared with us.
- This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
- Where you select the option of cash on delivery, please note that the legal and equitable title in the Products shall remain with us and shall not pass on to you until we shall have received the cash in full in respect of all Products delivered to you and until such time as the title in the Products passes to you, user shall hold the Goods in a Fiduciary capacity for us.
- All the VISA Card discounts are for orders which are paid online. MLS reserves the right to cancel an unpaid order which has used the promo code.
- Products with variable weight:
- Price of Products with variable weight, as mentioned in the Product information, will not be communicated in our confirmation email or text message and the same will only be charged to you at the delivery or pickup depending upon the final weight of the Product. However, we will include a per kilogram price for items with variable weight and the price of these variable weight Products will be based on the same price per kilogram.
- Please note that confirmation email or text message will, however, constitute our acceptance of the order for Products with variable weight and you hereby agree that your liability to pay for variable weight Product order will stand engaged in terms of Clause 7.1.4 of these R&C.
- Products with variable weight can only be paid for by way of ‘cash on delivery’ and no prepayments will be accepted.
- Pricing:
- All prices are listed in Rials Omani and includes duties, taxes and levies, if applicable, and are listed on the Site.
- Products in your shopping cart will always reflect the most recent price displayed on the Product page. Please note that this price may differ from the price shown for the item when you first placed it in your shopping cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your cart and the time when you finalize your purchase.
- We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as, when the price of a product is not displayed correctly on the Site.
- In such instances, we may either contact you for instructions before confirming your order or cancel your order and notify you of such cancellation. Please note that we shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, prepaid amount shall be reimbursed to your bank account from which the payment was originally received, subject to deduction of charges incurred in the process which may, inter alia, involve banking charges, delivery charges etc.
- As we deal in perishable Products which are prepared to order, hence the Product price you see in your shopping cart is based on the Product weight and the same is subject to variation of ± 15 grams.
- Product Availability:
- We list availability information for products featured on the Site, including on each product information page. However, addition of product in your cart which is shown to be available does not guarantee that the same product has been reserved for you. In case the product runs out of stock before you finalize your order then the order in respect of such product will either not be processed or you will receive cancellation email or text message for the order of the product that is no longer available in the stock.
- We take all reasonable efforts to monitor stock levels and ensure that when Product is no longer available in the stock then it is not shown on the Site. However, we cannot guarantee the availability of stock.
- Processing of Order
- There may be instances when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time before the same is dispatched to you and you shall be promptly notified of such cancellation.
- You may be asked to provide additional verifications or information, including but not limited to phone number and address, before the order is accepted regardless of whether you access the Site through User Account or Guest Account.
- Product Usage:
- You are advised to use the Products in line with the instructions provided for on the packaging. Any usage of the Product which is contrary to the guidelines, if any, provided on the Product packaging and these R&C will be at your own risk and MLC will neither be liable nor responsible for such usage of the Product.
- Bulk Buying and Resale:
- Please be advised that you cannot buy more than 10 kilograms of each Product at one given time and you hereby agree that you will not resale any of the Products purchased from MLC Marketplace to any third party.
- Advance Subscription:
- We also allow you to subscribe to our “Meat Box” which shall be delivered to you on the days notified by you upon advance payment.
- Please note that Clause 7 shall apply to Meat Box subscriptions and fulfillment of order in all respects.
- User Reviews, Submissions and Queries:
- 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.
- 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.
- 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:
- 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 emailing us at contactus@muscatlivestockllc.com and we will make all practical endeavors to investigate and remove objectionable content complained about within a reasonable timeperiod provided the same is deemed objectionable by MLC.
- 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 emailing us at contactus@muscatlivestockllc.com and we will make all reasonable efforts to address your concern within a reasonable timeperiod.
- Trademark and Intellectual Property:
- 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.
- Any other trademark which may 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.
- Rights in intellectual property, whether registered or unregistered, in the Site, content of 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.
- Data Collection and Privacy:
- 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.
- 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 you log in with your username and password or provide details for a Guest Account.
- Collection of data:
- We may collect various pieces of information if you seek to place an order for a Product on the Site.
- We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to connect you with User Bank and/or other persons and entities to enable you to purchase products. We may collect personal information including, but not limited to; your title, name, gender, date of birth, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details.
- We will use the information you provide to administer your account with us; verify the financial transactions in relation to payments you make; audit the downloading of data from our website; improve the layout and/or content of the pages of our Site and customize them for users; identify users on our Site and / or carry out research on our users' demographics.
- We may pass your name and address on to a third party in order to enable delivery of the product to you (for example to logistic partner), if need arises. 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.
- Your actual order details may be stored with us but for security reasons cannot be retrieved directly by us. However, you may access this information by logging into User Account on the Site. User Account provides you with the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any other service to which you may have subscribed. You undertake to treat the User Account data confidentially and not make it available to third parties.
- Please note that order details for Guest Accounts are only saved till the time they order is delivered.
- Uses of collected information:
- 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.
- Any answers to surveys or opinion polls we may ask you to complete will not be forwarded on to third parties.
- 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 that anonymized data to third parties such as publishers. However, that anonymized data will not be capable of identifying you personally.
- Correction of data:
- 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.
- Use of Cookies:
- To improve the effectiveness and usability of 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.
- 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 the user's hard drive.
- Site advertisers may also assign their own cookies to the user's browser, a process that we do not control.
- Indemnification:
- You shall indemnify and forhold harmless MLC, 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 third party; or
- Any of the actions or inactions of the User Bank or any other entity or provider of any service mentioned on the Site or related to the transaction that takes place between on the Site.
- Furthermore, you specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- 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 MLC Marketplace.
- Third Party Businesses:
- If you find any links on the Site referring to the websites or contact details of any business or individual other than MLC then such third party links shall not be taken as representative of MLC or endorsed by MLC. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of those businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions or inactions, products, and content of any of these and any other third parties. You should carefully review their privacy statements and related terms and conditions.
- Transmission of Information:
- 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/or placement of your order at the address, number and email recorded by you in User Account or Guest Account and agree to treat all modes of communication with the same importance.
- You may unsubscribe to the promotional emails and messages at any time that you desire.
- Limitation of Liability:
- 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:
- If any of R&C 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).
- Waiver:
- No waiver by MLC of any breach of these R&C by you shall be considered as a waiver of any subsequent breach of the same or any other provision of these R&C
- Force Majeure:
- We shall not be held responsible for any delay or failure to comply with our respective 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.
- Termination:
- In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate: the User Account or Guest Account revoke any or all of the rights granted to you under these R&C, pending order or order in process or termination of the permission or license granted to use the Site, on account of any unauthorized use of the Site or breach of these R&C , without prior notice to you.
- 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 or equitable 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.
- Termination shall not affect the respective rights and obligations, including without limitation, payment obligations, of the parties arising before termination.
- You furthermore agree that the Site 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.
- All the VISA Card discounts are for orders which are paid online. MLS reserves the right to cancel an unpaid order which has used the promo code.
- Governing Law and Jurisdiction:
- 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 referred to the courts of Muscat.