Welcome to Digital SouqMazoon’s Marketplace owned by Digital SouqMazoon LLC incorporated in accordance with Omani Laws and Regulations under CR number1348989 (hereinafter the "DSM Marketplace", "we", "us", "our" or "DSM").

By using DSM 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

  1. Your Marketplace:
    1. We are an online marketplace and these R&C govern your access to and use of DSM 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.
  2. 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.
  3. Our Role:
    1. You agree, understand and acknowledge that the Site is an online platform that enables you to purchase featured products at the price listed therein at any time from any location, unless provided otherwise, using available payment methods.
    2. You further agree and acknowledge that we are only a facilitator and not party to or control in any manner any transactions on the Site or on a payment gateway as 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 Vendors on our Site while the payment processing occurs either between youand the service provider delivering the products (hereinafter the “Logistic Partner”)or in case of prepayments with electronic cards your issuer bank (hereinafter the “User Bank”) constitutive of the bipartite contract between you and the Logistic Partner or User Bank.
    3. You acknowledge that we are neither the owners of any of the products featured on the Site nor acting as agent, partner, manager or representative of the Vendors, Logistic Partner or the User Bank.
    4. You further acknowledge that no information related to products is added or edited by us and all the information related to products is added or edited by the Vendors.
  4. 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 thatUser 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 related 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.
    5. You agree to be bound by any access of the Site and/or use of any services offered on the Site from User 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.
    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 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 your account online.
      In case you are not able to update your information on the Site, you must inform us via filling the ‘contact us’ formand we will assist you with the changes you desire to make.
    8. 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.
    9. We may at any time in our sole and absolute discretion, request that you update your personal data.
    10. 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.
    11. You shall remain personally liable for any disclosure or use of the username and/or password of your account.
  5. 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 or are, otherwise, accessing the Site under the supervision of a parent or legal guardian competent to enter into a binding contract.
    2. 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.
    3. 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 applicable laws related to trading.
    4. No person or business entity may register as a member of the Site more than once.
    5. Content provided on the Site is solely for informational purposes. All the information related to products and any other details in such respect as provided on the Site is the responsibility of the Vendors selling such products and is not guaranteed as accurate by us.
    6. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and does not reflect our opinion.
    7. 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 product 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 any use of data mining, robots, or similar data gathering and extraction tools.
    8. Site or any portion of itincluding, 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 express written consent by us as may be applicable.
    9. You shall not use, in any way,any trademark, logo, or other proprietary informationincluding images, text, page layout, or form without our express written consent.
    10. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable.
    11. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
    12. 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 access to Site to be interrupted, damaged or impaired in any way.
    13. 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 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, 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.
    14. 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.
    15. In order to keep the Software up to date, we may offer automatic or manual updates at any time and without notice to you.
  6. User e-wallet:
    1. User e-wallet is a prepaid system used on DSM that allows the user to purchase credits which may be used to buy products offered by Vendors.
    2. Credit in the e-wallet cannot be exchanged for money and does not earn interest or dividends.
    3. DSM reserves the right to vary the rates at which credit for e-wallet can be purchased by you along with placing restrictions on the usage of such credit.
    4. Credit in e-wallet has no expiry unless the credit is subject to rewards scheme.
      Credit in e-wallet which is subject to rewards scheme will be reflected separately from the credit which is purchased by the user.
      It is further clarified that in case a user account is terminated, the credit in e-wallet subject to rewards policy will be forfeited whereas the rest of the credit will be transferred to your bank account last reflected in User Account at such rate as applicable on the day the credit is returned to your bank account.
  7. Terms Governing the Relationship between the User and the Vendor:
    1. Formation of Contract:
      1. Your order is a legal offer to the Vendor to buy the product displayed on Site at the price and information listed against the product.
      2. When you place an order to purchase a product, any confirmation or status update received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies the confirmation of the order itself. The acceptance of your order is considered confirmed when the product is dispatched to you.
      3. If your order is dispatched in more than one package, you may receive separate dispatch confirmations.
      4. At the time of placing the order, Site indicates an approximate timeline that the delivery of your order will take.Vendor or Logistic Partner do not guarantee the timeline to be rigorously precise in every instance and the same merely represents best estimate. However, Vendor and Logistic Partner commit to make every reasonable effort to ensure that the indicative timeline is met.
      5. All contractual terms are offered by and agreed between you and the Vendor(s). The contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products.
      6. It is clarified that DSM does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of the contractual terms between the you and the Vendor(s).
      7. The Vendor retains the right to cancel any order at its sole discretion prior to delivery to you. We will ensure that there is timely intimation to you of such cancellation via an email or text message
      8. You may also cancel any order before the same is delivered to you, subject to any charges incurred in the process which would be borne by you.
      9. Within a reasonable time period, any prepayments made in case of cancellation(s), shall be reimbursedto the account from which the payment was originally received or you may opt for credits to be added in your e-wallet, subject to deduction of charges incurred in the process which may, inter alia, involve banking charges, delivery charges etc.
    2. Return of Product
      1. You may return the product in the following instances no later than 15 days provided the product is not readily spoilable which, inter alia, includes food items:
        1. Where the product delivered to you is defective or damaged;
        2. Where incorrect product is delivered to you;
        3. Where an expired product is delivered to you;
        4. Where the product delivered to you does not conform to the specification listed in the product information on the Site;
        5. Where the product consists of several units and all the units have not been delivered to you;
        6. Where the Product is unused, unworn, unwashed and without any flaws;
        7. Where the Product includes the original tags, user manual, warranty cards, freebies and accessories;
        8. Where the Product is returned in the original and undamaged manufacturer packaging / box. It is clarified that some of the above conditions for return of product may not be applicable to certain categories of products. It is further clarified that no product is returnable where the product is damaged or defected on account of misuse by the user.
      2. Within a reasonable time period, any prepayments made in case of returns, shall be reimbursedto the account from which the payment was originally received or you may opt for credits to be added in your e-wallet, subject to deduction of charges incurred in the process which may, inter alia, involve banking charges, delivery charges etc.
    3. Pricing:
      1. All prices are listed in Rials Omani and includes duties, taxes and levies, if applicable, and are listed on the Site by the Vendor that is selling the product.
        However, there may be instances that a special tax, duty or levy may be applicable within your jurisdiction and, in such instances, you agree to bear any and all such special taxes.
      2. Items in your shopping cart will always reflect the most recent price displayed on the item's product detail 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.
      3. We do not offer price matching for any products sold by any Vendor on our Site or other websites.
      4. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of a product is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order.

        If an item is mispriced, Vendor may, at hisdiscretion, either contact you for instructions or cancel your order and notify you of such cancellation.Vendor 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 you, at your option,either via bank transfer into your designated bank account as provided for in the User Account or by of credits which will be reflected in your e-wallet within a reasonable time..

    4. Product Availability:
      1. Vendor’s 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 message for the order of the product that is no longer available in the stock.
    5. Processing of Order
      1. There may be instances when an order cannot be processed for various reasons. The Vendor reserves the right to refuse or cancel any order for any reason at any given time.
      2. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before the order is accepted.
      3. 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 within a reasonable timeline. 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.

    6. Force Majeure:
      1. Vendor shall not be held responsible for any delay or failure to comply with its respective obligations under these R&Cwhere the delay or failure arises from any cause which is beyond its reasonable control or was not reasonably foreseeable.
  8. User Rewards:
    1. We may introduce reward policies from time to time to award reward points or award credits to you. However, usage of reward points or credits will be governed by the respective policies.

      Please note that introduction of reward policies is not an obligation but at the discretion of DSM.

  9. User 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.
  10. 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 DSM 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.
    3. Please note that where your right of exclusive distribution of a product stands infringed by a Vendor selling products on the Site, such is a matter between the manufacturer, distributor and/or respective reseller and we cannot provide any assistance. However, we remain ready toremove the products infringing right of exclusive distribution upon orders of competent court or authority.
  11. 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 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.
  12. 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 through the Site.
    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 Vendors or third parties or other users on the DSM Marketplace or for any damage or loss of any kind incurred as a result of browsing, using or/and reading any Content available via the Platform.
    3. We shall neither be liable nor responsible for any actions or inactions of Vendorsor Logistic Partner nor any breach of conditions, representations or warranties made by the Vendors or Logistic Partner or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
    4. We shall neither mediate nor resolve any dispute or disagreement between you and the Vendors.
    5. It is reiterated that we are only facilitating connectivity between you and the Vendors and no claim arising out of any communication between you and the Vendors or on account of faulty product shall be raised against us.
    6. We further expressly disclaim any warranties or representations either express or implied made in respect of quality, suitability, accuracy, reliability, completeness, timelines, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content, including product information or product pricing and/or product specifications, on the Site.
    7. All content, information software, productsincluding the listed price, services and related graphics are provided as is, without warranty of any kind.
    8. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Site.
    9. At no time shall any right, title or interest in the products sold through or displayed on the Site vest with us nor shall we have any obligations or liabilities in respect of any transactions made on the Site.
    10. We shall neither be liable nor responsible for any actions or inactions of any person, entity, Vendor, Logistic Partner or User Bank as listed on our Site
    11. 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.
    12. 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.
  13. 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 place an order for a product on the Site.
      2. We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to connect you with Vendors, Service Provider, 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.
      3. We will use the information you provide to administer your account with us; verify and carry out 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 website and customize them for users; identify users on our website; carry out research on our users' demographics.
      4. 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 and Vendors). 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.
      5. 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, for refund purposes, 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.
    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 forwarded on to third parties.
      3. 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 that anonymized data to third parties such as publishers. However, that 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 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 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.
  14. Indemnification:
    1. You shall indemnify and hold harmless DSM, 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.
    2. You hereby expressly release DSM 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 Vendor or Service Provider or User Bank or any other entity or provider of any service mentioned on the Site or related to the transaction that takes place between you and the Vendor 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 DSM
  15. 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 DSM then such third party links shall not be taken as representative of DSM or endorsed by DSM. 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 thirdparties. You should carefully review their privacy statements and related terms and conditions.
  16. 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/or placement of your order 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.
  17. 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.
  18. Amendments to Site, General Policies and Related Matters:
    1. We reserve the right to make changes to the Site, policies and any other publicly displayed condition or service promise at any time.
    2. You agree that we also have the right to the Site without prior notice and that DSM shall not be liable to you or to any third party for discontinuance of the Site.
    3. You will be subject to the policies in force at the time you used the Site unless any change to those policies or these R&C is required to be made by law or government authorityin which case such change will apply to theundelivered orders previously placed by you.
  19. Severability:
    1. 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).
  20. Force Majeure:
    1. We will not be held responsible for any delay or failure to comply with our obligations under these R&Cwhere the delay or failure arises from any cause which is beyond our reasonable control or was not reasonably foreseeable.
  21. Waiver:
    1. No waiver by DSM 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
  22. Termination:
    1. In addition to any other legal or equitable 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,pending order or order in process or termination of the permission or license granted to use the Site, on account ofany unauthorized use of the Site or breach of 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 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.
    3. Termination shall not affect the respective rights and obligations, including without limitation, payment obligations, of the parties arising before the date of termination.
    4. 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.
  23. 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 way of arbitration to the extent that such R&C are applicable directly between the user and DSM and not otherwise.