Introduction

1.  Thank you for visiting the Omanbay website. Omanbay is an online trading community. We provide a venue where members can buy items from, and sell items to, each other.
Omanbay is owned by Tala United LLC, Commercial Registration Number 1009026.  Omanbay.com is a registered trademark of Tala United, registration numbers 42540 and 43240.  Use of the name Omanbay in this document is synonymous with Tala United LLC.

2.  We aim to conform to best business practice and provide you with an excellent service, but if you think there is something we could improve, please contact us on admin@omanbay.com and we will take your suggestions seriously.

3.  This document sets out the rights and obligations of Omanbay and its clients. Your access to and use of the Omanbay website is conditional upon your acceptance of these terms and conditions, and your use of the site constitutes your acceptance of them. If you do not accept these terms and conditions you must not use Omanbay.

Changes to this Agreement

1.  We will constantly improve our website so this agreement may be changed from time to time. Changes will be posted on the website and will be effective immediately. You should ensure that you are familiar with the latest terms and conditions.

Membership

1.  Visitors to Omanbay may browse the listings. Anyone who wishes to buy or sell on Omanbay must join as a member. Members may post listings on the site, subject to the current terms and conditions, and may buy items from other members.

2.  Members may receive e-mails from Omanbay from time to time.

3.  Members must be able to form legally binding contracts and therefore must be over 18 years of age.

4.  When you join Omanbay you must provide accurate information about yourself. You must not provide information that is false, inaccurate or misleading. You must keep your information up to date, accurate and complete.

5.  When you join you will be asked to provide a user ID and password. You will then be required to use your user ID and password when you log in to the site, and are required to keep your password confidential. You will be held responsible for transactions conducted by a third party using your user ID and password, whether that third party has obtained your log in information intentionally or through carelessness.

6.  For security reasons you may be requested to change your password from time to time.

Accounts, Fees, and Refunds

1.  Membership of Omanbay is free. Some listing categories are free. Buying on Omanbay is free. All wanted categories are free. Some listing categories incur seller’s fees. In addition, items sold by auction will incur success fees if the item is sold for more than the reserve price. Our current rates are posted on the website. Rates may be changed from time to time.

2.  We operate an accounts system for members. Members agree to keep their account in credit. Omanbay fees will be deducted from member accounts.

3.  Members may close their Omanbay account at any time, but a RO 2.000 processing fee will be charged.

4.  Fees are charged in Omani Rials.

5.  Seller’s fees paid to Omanbay will not be refunded unless the site is closed down. In the event of the site being closed down a partial refund may be made dependent on the time the listing has been displayed.

Misuse

1.  Omanbay reserves the right to terminate membership and to remove or edit material posted on the site. If Omanbay terminates your membership you may not rejoin without our permission. We will not be liable to you or to anyone else for any loss incurred due to your membership being terminated.

Use of the site - Listings

1.  Omanbay only provides a place where members may list their items for sale. We do not act as an agent for either the seller or the buyer, and do not participate in any sale or other transaction between the seller and the buyer.

2.  Listing an item on Omanbay is a commitment to sell it through Omanbay. If you sell your item in another way and want to withdraw it from an auction your fees will not be refunded and you will be charged a withdrawal fee.

3.  Fixed price listings may be withdrawn at any time. No fees will be refunded, but there is no withdrawal fee.

4.  Listings should describe items accurately, and not include description that is intended to mislead buyers.

5.  Listings should be listed in an appropriate category on the site.

6.  You must be the sole legal owner of any item that you offer for sale on the site.

7.  Prices should be in Omani Rials.

8.  Individuals and businesses may use Omanbay to trade specific items only, but may not use a single listing to sell multiple items.

9.  Some items are forbidden or restricted on Omanbay.  A list of these can be found in Omanbay Help, Forbidden and Restricted Items. Items that promote or insult or humiliate any racial, ethnic or religious group, items that promote any illegal political group, items that promote violent crime or cause horror, and items, which promote pornography or sexual contact, are forbidden.

10.  You must not list anything that is illegal, stolen, counterfeit, or unsafe, or items which infringe copyright or other intellectual property rights, or items which have been illegally imported or which would require illegal import or export in order to complete the transaction.

11.  You may not use Omanbay to sell items that are of a speculative nature, such as pyramid selling.

12.  You may not trade in any item that is forbidden by law in Oman. You are responsible for ensuring that you have obtained all the necessary permissions required to trade in the items you are selling.

Use of the Site – Selling and Buying

1.  Although sales on Omanbay are referred to as an auction, Omanbay is not an auctioneer.

2.  Items sold by auction must be sold to the highest bidder provided the reserve price is met.

3.  Sellers and buyers must be located in Oman.

4.  You must only bid for an item if you intend to complete the transaction.

5.  You may not bid on an auction that has been listed by a family member, flatmate, friend, or any member that is personally known to you, in order to raise the price of that auction.

6.  You may not, either alone or in conjunction with other users, manipulate or attempt to manipulate the price of any item offered for sale on the site.

7.  When you bid on an auction you agree to your nickname and bid being displayed on the Omanbay website.

8.  Your bid must be more than the previous highest bid, by at least the minimum bid increment.

9.  On completion of the auction Omanbay will inform the winning bidder, and pass his/her contact details to the seller, and inform the seller and pass his/her contact details to the buyer.

10.  The seller and buyer should contact each other within 48 hours and negotiate collection of the agreed payment, and delivery or collection of the item. No further negotiation of price should be entered into by either party.

11.  Omanbay is not responsible for collecting payment, or for delivery or collection of items sold on Omanbay.

12.  After your transaction is completed we request that you provide some feedback related to the transaction, in order that we can provide members with guidance on the trading conduct of members.

The Role of Omanbay

1.  Transactions and all contact between you and other members are conducted entirely at your own risk. Omanbay is not responsible or liable for misconduct of its members. Omanbay gives no warranties regarding ownership of items, description, quality, worthiness, or safety of items, the accuracy of listings, that the item will meet your expectations, or about the ability of any member to complete a transaction.

2.  You agree that Omanbay takes no responsibility or liability for any misconduct of its members, including, without limitation, members that have registered under false pretences or who attempt to defraud you.

3.  We do not screen messages sent between members and are not responsible for the behaviour of members or the content of their messages.

4.  Omanbay is not responsible for the condition of items offered for sale on the site and cannot mediate or resolve any disputes between members. We cannot guarantee that members will complete their transactions and are not responsible for any non-performance or breach of contract.

5.  Members should exercise caution when appraising accuracy of information provided by other members both on the site and in messages between members. People may provide information, or behave in a way, that is unreliable, misleading or even illegal, and they may not be who they say they are.

6.  Members are responsible for ensuring that no material posted on the site or in messages forwarded via Omanbay infringes the rights of any other person or entity, breaches any laws, or is offensive, threatening, abusive, discriminatory, obscene, libelous, defamatory, false, unreliable or misleading.

7.  Members are requested to contact us and report any material that appears to infringe these terms and conditions.

8.  Material found to be in breach of these terms and conditions will be withdrawn.

Relevance

1.  Clients and members will use Omanbay for its primary purpose of selling and buying items only.

2.  Members must not post details of their e-mail address, postal address, or telephone number on an auction listing.

3.  Your information must not contain any worm, virus, Trojan or any program or material that has the ability to alter, delay, damage or interfere with the operation of the site.

4.  Members may not use Omanbay listings for business advertising or other commercial purpose, or for the sending of bulk e-mail.

Website Material

1.  Material appearing on the Omanbay website may not be copied, distributed, adapted, modified, sold or published, or used in any way except by prior permission from us.

2.  Material posted to the site by members may be copied, modified and used by us for promotional or any other purpose.

3.  We cannot always ensure that the information on the site is complete, accurate or up-to-date.

Buying and Selling Real-estate

1.  You are advised to obtain independent legal advice when buying or selling land and property on Omanbay.

Linked Sites

1.  We endeavour to provide links only to reputable and safe websites, but we do not endorse or have any responsibility for other websites linked to Omanbay.com.

Security of Information

1.  No data transmission over the Internet is totally secure, so Omanbay cannot ensure the security of information that you transmit to Omanbay, and information is transmitted at your own risk. Once Omanbay receives your information it will take reasonable steps to preserve its security.

2.  Our privacy policy forms part of this agreement, and can be accessed through Omanbay Help.

Disclaimer

1.  Use of Omanbay is entirely at your own risk. You agree that Omanbay and its employees are not liable for any loss, damage or injury suffered by you or a third party arising from your use of the site, or any loss damage or injury suffered by you or a third party caused by someone you met through the site.

2.  The owners, management and staff of Omanbay will not bear any responsibility for any violation of any customs or laws, including any violation of international telecommunications laws and regulations, or any website or electronic crimes, or any violation of the laws of Oman, including criminal and commercial laws, and the laws relating to dealing in prohibited goods. Omanbay reserves the right to pursue any violation of these laws and claim compensation.

Limitation of Liability

1.  There may be times when the Omanbay website is unavailable due to technical problems or for site maintenance, with or without notice. In this case no refund of fees will be given.

2.  Omanbay is not responsible for any loss or damage suffered by you or anyone else, arising from your inability to access the site.

Validity

1.  Even in the event that a part of this agreement is held to be invalid the remainder of this agreement will remain valid.

Queries

1.  If you have any queries regarding these terms and conditions please contact us at admin@omanbay.com or by post to:

Omanbay

PO Box 3346

CPO Seeb 111