VENDOR TERMS AND CONDITIONS

These Vendor Terms and Conditions (hereinafter simply referred to as “Terms” or “Vendor Terms”) shall be applicable only to the Vendors registered on www.osodeals.com/ and/or its related mobile application, namely, “OSO Deals” (hereinafter referred to as the “Website” or App” or “Site” or “Platform”), managed by “OSO Deals”, which is operated by Octopus Boo FZE L.L.C, having its registered office at Business Centre, Sharjah, Publishing City Free Zone, United Arab Emirates, or its affiliates or subsidiaries (hereinafter collectively referred to the “Company” or “OSO Deals” or “us” or “our” or “we”). In these Terms, Vendor shall be referred to as “Vendor” or “you” or “your”). 

 

In addition to these terms, our Privacy Policy statement shall also be applicable to you. In case you are a user or member, please refer to our Terms of Use applicable to users.

 

1. DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning: 

1. “Buyer” shall refer to the user/member of OSO Deals that purchases a deal from you by presenting the QR Code or sharing the coupon code.
2. “Deal” or “Offer” shall mean the deal or offer listed/published by you on the Platform.
3. “Service” shall mean the service of the platform offered by OSO Deals where the Vendors can publish their offers/deals by purchasing a package if their choice.
4. “Vendor” shall have the meaning ascribed to it in the beginning of these Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Vendor. 
5. “Website” shall refer to www.osodeals.com/. 

 

2. ACCEPTANCE OF THESE TERMS

By registering on our Website or App as a Vendor, or by submitting your Deal/Offer for publishing on the Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that you have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website or App.

 

From time to time, we will bring new updates to our App, mostly in order to enhance the your and other user’s experience and/or to improve the safety and security of our users and Vendors, or for any other reason as we deem fit at our sole discretion. You agree to update the App as and when such updates are ready and available. 

 

4. ACCOUNT REGISTRATION AND VERIFICATION

1. Account Registration: To register as a Vendor with us, you are required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. 
2. Registration Details and Verification: While registering the account on the Platform, you will be required to furnish details about you, your business, your products and your services. You agree and acknowledge that we may directly or through a third-party validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your account information. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 3(d) of these Terms. We reserve the right to seek additional information from you about you, your service and your business, from time to time and you consent to provide such additional information.
3. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users and branch employees/manager registered under your account (including the branches). You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
4. Categories: While registering as a Vendor, you will be provided with an option of choosing a category and a sub-category for your line of business. In case your business falls under multiple main categories, you will need to create a new account each time for choosing different main categories, before posting an offer/deal in such other main category. For instance, if you are in the restaurant business, and also have a beauty salon, these are two main categories, and therefore you will have to create separate new account for each of these categories, for which purpose, in both of your accounts, you will be treated as independent vendor.
5. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, freeze your funds, and refuse current or future use of any or all of the Services.

 

5. VENDOR’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
   1. You represent, warrant and agree that: 
      1. you are an individual (of the age of majority) or lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms; 
      2. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder; 
      3. you shall use the Platform and Services for business purposes only; 
      4. your business is validly existing and incorporated / established as per the provisions of applicable laws; 
      5. you shall comply with all applicable laws while using and accessing the Platform; 
      6. your business, products and services must be legal and ethically right, and must not have been prohibited under the applicable law;
      7. you will provide all products and services strictly in accordance with applicable law, rules and regulations;
      8. you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any service that you provide or the products that you sell; 
      9. any Offer/Deal or content or description that you publish, does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); 
      10. you agree to provide the services or the products exactly as per the Offer/Deal published by you subject to the terms and conditions of such Offer/Deal provided by you on the Platform, and you will not deny the Buyers the services for any reason;
      11. you will provide timely service to the Buyer and would not delay the provision of services for any reason whatsoever, or commit any act that disappoints the Buyer or leads to their bad experience;
      12. you will be polite and generous with the Buyers, and will not abuse, harass, or be rude to the Buyers at any point during your interaction with them;
      13. all information provided by you or person acting on your behalf relating to the business, services, products and terms of the Offer/Deal are complete, true and accurate;
      14. you agree to provide us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content and material, to provide our Services.
   2. Vendor will be required to provide information or material about Vendor’s services, products, entity, and its business as part of the registration process on the Platform. Vendor represents, warrants and agrees that: 
      1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and 
      2. Vendor will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
   3. Vendor may be required to furnish additional documents or information about services/ business in order to authenticate that the services offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. Vendor agrees to promptly provide such additional documents and information, failing OSO Deals reserves its right to take appropriate measures as set out in these Terms.
   4. Vendor consents to the inclusion of the contact information about Vendor in OSO Deals’ database and usage of the same as per Privacy Policy. 
   5. Vendors are required to behave professionally with the users and customers of OSO Deals. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. OSO Deals reserves the right to remove the account of the Vendor in such cases, and can also freeze the funds of the Vendor.
   6. You, either alone or through a partner, company or joint-venturer, shall not make any efforts to solicit any of our users or members, either directly, or indirectly, in an attempt to providing them the services/products directly by circumventing us. You will also immediately inform us of any attempts made by any of the members to avail direct services/products from you by circumventing us. 

 

The failure of the Vendor to comply with any of the above, or any other provision of these Terms can lead to necessary action taken by OSO Deals, including without limitation, suspension or removal of the account, freezing of funds and take other legal recourse, at the sole discretion of OSO Deals.

 

6. COMMISSION AND PAYMENT
   1. Deals/offers: You are allowed to set your prices and terms of the Offer/Deal; but basically, you can only provide two kinds of Deals, a) Buy one get one (BOGO), and b) Percentage Off deals. 
   2. Collection of Money: We do not collect any monies from the Buyers on your behalf. All the monies are paid directly by the Buyers to you.
   3. Package: You will have to purchase a package for your Offer/Deal in order to publish the same on the Platform. The Offers/Deals publishing is subject to approval from our backend. We reserve the right to ask you to modify your Offer/Deal or its terms. If you fail to make the changes, we will refund you the money paid by you after receiving a written request to suuport@osodeals.com
   4. Featured Offers/Deals: You also have an option to feature your Offer/Deal by paying an additional amount, as applicable.
   5. User Complaint: In case, the user has complained about the quality or any other aspect of the services or products provided by you, we will look into such complaint, provide you a reasonable opportunity of being heard, and then take a decision on what action is to be taken against you. In case, you are found to be violating any provision of these Terms, we reserve the right to suspend or remove your account, freeze your funds, and prohibit future use of our services to you, at our sole discretion. You hereby agree to fully co-operate with us on a timely basis for the resolution of the complaints submitted by the users against you or your services. 

 

7. STANDARD PLATFORM TERMS

1. You are allowed to list Offer/Deals subject to your compliance with these Vendor Terms. You must be legally able to sell the Offers/Deals you list for sale on the Platform.
2. You must ensure that the listed Offer/Deals or your products or services do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.  
3. All Offers/Deals must be listed in an appropriate category on the Platform.
4. The Offers/Deals must not be bogus, and it must not be misleading and must describe actual details and conditions of the offer. 

 

8. LIMITATION OF LIABILITY AND INDEMNITY
   1. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (e) explosion, fire, flood or storm; (f) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (g) any loss, delay or damage caused by Buyer to you or your property; (h) any fraud or cheating or mistreatment or abuse caused by the Buyer to you; and/or (j) any dispute or claims between the you and the Buyer.
   2. Vendor agrees to indemnify OSO Deals, its users, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your Offer/Deal; (ii) from your use of the Platform or any of the services; (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; (iv) any liability or defect in the services offered by you; (v) your negligence or wilful misconduct; (vi) any sale or offer of sale of counterfeit or fake services through the Platform or any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, sale, distribution or use of any of the services; (vii) any alleged or actual personal injury, death or property damage suffered by Buyers; and/or (viii) any claim by a third Party or user made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of the services or products provided by you.

 

11. DISCLAIMER

1. We are an intermediary platform that connects Vendors with the users/buyers. We shall not mediate or resolve any dispute or disagreement between you and buyers of your services.
2. The site is provided on an “as-is” and “as available” basis, and OSO Deals (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind. Please read the detailed Disclaimer as available on the Site/App.

 

12. LIMITATION OF LIABILITY

1. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
2. To the maximum extent permitted by law, in no event shall OSO Deals (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or sell through, the site, even if OSO Deals has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your property, device or computer system, or loss of data resulting therefrom.
3. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of order in question. The existence of more than one claim will not enlarge this limit. 

 

 13. INDEMNITY

You acknowledge to defend, indemnify and hold OSO Deals, its buyers, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

1. Your violation of any third-party right;
2. Your wrongful or improper use of Platform;
3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;
4. Your violation of these Terms or any other policy of OSO Deals as associated with our services;
5. The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

 

      14. TRANSACTION AND DISPUTES BETWEEN YOU AND BUYERS

OSO Deals is merely a facilitator and is not and cannot be a party to or control in any manner any transactions of sale or purchase between you and the Buyer. We shall not be liable to mediate or otherwise become party to any dispute between you and the buyer of your products/services on or off the platform.

 

15. GOVERNING LAW AND DISPUTE RESOLUTION

 

16. NOTICES

When you use the Website or App or send emails to OSO Deals, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website or App. OSO Deals will communicate with you by email, SMS, WhatsApp, phone call or by posting notices on this Website or App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@osodeals.com.

 

    17. MISCELLANEOUS

1. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
2. Waiver: Our failure to insist on or enforce strict performance of these Vendor Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between OSO Deals and you or any other party be deemed to modify any provision of these Terms.
3. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Vendor Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Vendor Terms, for any reason whatsoever.
4. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Vendor Terms, there shall be no third-party beneficiaries to these Vendor Terms.
5. No Assignment: You may not assign these Vendor Terms by operation of law or otherwise without the prior written consent of OSO Deals, which may be withheld at OSO Deals’s sole discretion. Any attempted assignment that does not comply with these Vendor Terms shall be null and void. 
6. Entire Agreement: The Vendor Terms, Privacy Policy, Cookie Policy, EULA, Disclaimer, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between OSO Deals and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website or App.
7. Force Majeure: OSO Deals and its users will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence.
8. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site/App after any amendments to the Terms shall constitute your acceptance to such amendments.

 

    18. CONTACT US

      If you have questions or need any clarification, please feel free to contact us at support@osodeals.com.

 

 

 

 

 

COUNTRY SPECIFIC TERMS

 

1. Oman

If you are residing in Oman at the time where you use our Site or App, all the above-mentioned terms shall be equally applicable on you and shall have the same force and effect, except to the extent mentioned below.

 

Following part of the above-mentioned terms shall be replaced:

A. The second paragraph of the introduction part of the Vendor Terms above shall be replaced by the following:

“These Vendor Terms and Conditions (hereinafter simply referred to as “Terms” or “Vendor Terms”) shall be applicable only to the Vendors registered on www.osodeals.com/ and/or its related mobile application, namely, “OSO Deals” (hereinafter referred to as the “Website” or App” or “Site” or “Platform”), managed by “OSO Deals”, which is operated by Al Kawadir Al Raayida, having its registered office at P.O BOX: 332, P.C.; 116, Muscat, Sultanate of Oman (hereinafter referred to the “Company” or “OSO Deals” or “us” or “our” or “we”). In these Terms, Vendor shall be referred to as “Vendor” or “you” or “your”).”

 

B. The Section 15 (Governing Law and Dispute Resolution) of these Vendor Terms above shall be replaced by the following:

“15. Governing Law and Dispute Resolution

1. Governing Law: The Terms and any dispute arising out of or relating to the same will be governed by applicable laws of the Sultanate of Oman. 
2. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Muscat, Oman.”

 

Last Updated on November 15^th, 2023.