"MYMO EXPRESS Site" means the website, the primary home page of which is identified by the URL www.mymooman.com, and any successor or replacement of such website.
"MYMO EXPRESS APP" means MYMO EXPRESS smart phone application owned by the American company DELAWARE HORIZON, INC and made accessible for MFS,the Subscriber and the Customers for the purpose of this Agreement.
"MFS" means the Muscat Financial Services company, which is the agent of MYMO EXPREE APP in Muscat, Oman.
"Customer" means any Person purchasing the Subscriber Products through MYMO EXPREE APP.
"Person" means any individual, corporation, partnership, limited liability Company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
"Products" means any product or service that the Subscriber offer to sale to Customers through MYMO EXPRESS APP.
"Seller Central's Account" means the online portal and tools made available by MYMO EXPRESS APP to the Subscriber, for its use in managing the orders, inventory, and presence on MYMO EXPRESS APP.
"Service" means the service of display of the Subscriber Products in MYMO EXPRESS APP, creating Customer Orders, Transaction process and receiving of payment on behalf of the Subscriber, making the required payments Adjustment on behalf of the Subscriber.
"Service Charges" a defined percentage of …% from the Purchase Price of any Transaction.
"Purchase Price" means the total amount payable or paid for Your Product (excluding applicable VAT)
"Sales Proceeds" means the gross proceeds from any the Subscriber Transactions, excluding MYMY EXPRESS Service Charges, deductible Subscription fees, VAT and other deductible amounts as per this Agreement.
"Subscription Fess" an amount of OMR that mentioned in the subscription agreement, Which is payable monthly by the Subscriber against availing MYMO EXPRESS APP Services.
"Transaction" means any sale of the subscriber Product(s) through MYMO EXPREE APP.
"Order" means the purchase order made by the client to purchase or utilize the Subscriber's Products through MYMO EXPRESS APP and is forwarded to the Subscriber Seller Account.
"Order Information" means, with respect to any of the Subscriber Products ordered through MYMO EXPRESS APP, the order information and shipping information that MFS provide or make available to the Subscriber.
"Working days" any day other than Friday and Saturday , or other days in which banking institutions in the Sultanate of Oman are required by law to be closed.
"Personal Data" has the meaning provided in Personal Data Protection law promulgated by Royal Decree No 06/2022.
"Governing Laws" means all the applicable laws of the Sultanate of Oman.
"Applicable Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority of competent jurisdiction and is applicable to the sale, purchase, import , export or manufacture of the Products displayed in MYMO EXPRESS APP or the exchange of any Personal Data.
"IP Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or names, service marks, logotypes, designs and/or artwork of MYMO EXPRESS APP, made available by DELAWARE HORIZON, INC to the Subscriber pursuant to this Agreement any other intellectual property right arising to DELAWARE HORIZON, INC under any Applicable Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
"Local Currency" means Omani Rials .
"Confidential Information" means information relating to DELAWARE HORIZON, INC, to MFS, to the Services, or MYMO Express APP's Customers that is not known to the general public including, but not limited to, any information identifying or unique to specific Customers; reports, insights, and other information about the Services; data derived from the Services or arising from the sale of the Subscriber Products comprising of Products sold, prices, sales, volumes and time of the Transaction; technical or operational specifications relating to the Services, technology , plat forms , apps , formats, Policies , and the contents of this Agreement. For the purposes of this Agreement, Customer personal data constitutes Confidential Information at all times.
"MYMO APP Policies" means all policies terms provided on the Website page any time during the course of this Agreement and is applicable to the Subscriber or the Customers.
"Product Description" the accurate details of any Products which the seller is required to disclose for customers in line with the Applicable laws within the Sultanate of Oman and the international standards.
"Subscriber Materials" means all technology, Subscriber IP, Content, Product information, data, materials, and other items or information provided or made available by the Subscriber or the Subscriber Affiliates to MFS through MYMO EXPRESS APP or to MFS Affiliates.
1.2.1 Unless the context otherwise requires, all references to a particular Clause or Schedule are references to the corresponding Clause or Schedule in or to this Agreement.
1.2.2 Unless the context otherwise requires, references to any enactment shall be deemed to include references to such enactment as re- enacted, amended or extended and any subordinate legislation made under it from time to time.
1.2.3 The Schedules and/or Annexures form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement, and any reference to this Agreement shall include the Schedules and/or Annexures.
1.2.4 The recitals of this Agreement are a binding and operative part of this Agreement.
To initiate the enrollment process as MYMO EXPREE APP's Subscriber, the Subscriber must provide MFS with the following documents: CR copy, OCCI certificate, VAT registration Certificate, address, phone number and e-mail address, IP License, as well as any other information might be requested. MFS reserve the right to reject any application which fails to meet the above mentioned requirements. Following to receiving an email confirming meeting the Subscription requirement the Subscriber will complete the registration process through the Seller Account using the designated, tool, user name and password.
2.2.1 In order to avail the service provided by MYMO EXPRESS APP, The Subscriber shall be liable to pay the annual service fee of OMR that mentioned in the subscriber’s MYMO EXPRESS SUBSCRIPTION AGREEMENT, which will be deductible from the Sales Proceeds on a monthly basis.
2.2.2 In case of early Termination the Subscriber shall be liable for Subscription fees for the months in which it availed the services provided by MYMO EXPESS APP.
It's the Subscriber's liability to provide an accurate and complete Product Description for each Product or service that it offer through MYMO EXPRESS APP and promptly update that information as necessary to ensure it at all times remains accurate and complete.
The Subscriber will also ensure that the Products compliance with all applicable Laws (including all expiration date, marking and labeling requirements)
MFS may rate, or allow MYMO EXPRESS' Customer to rate, the Products and the delivery of the Products, such rates may also be published in MYMO EXPRESS APP.
The Subscriber shall provide MFS and make available through the Seller Account a fixed price for all the displayed Products for the full duration of this Agreement.
The Subscriber shall notify MFS through a prior written notification about any provided offer, discount or changes of the Product's prices, such notification shall be delivered within a minimum of two (2) Working Days prior to the price's change date or the date of such offer or discount and shall make the required changes in price in it's Seller Account.
5.1 MFS shall add its Service Fees to the Subscriber's Sales Proceeds and collect both charges as from MYMO EXPRESS's Customers as Purchased Price, in such case the Subscriber's payable balance will be limited to the Sales Proceeds only excluding the Service Fees which is due to MFS and any applicable TAX lived on MFS against the Transaction and any deductibles.
5.2 Except as otherwise stated in this Agreement, MFS will remit to the Subscriber it's payable balance on a bi-weekly (7 day) For each remittance, the Subscriber available balance will be equal to any Sales Proceeds not previously remitted to the Subscriber less: (a) the Subscription Fees; (b) any Service Fee due to MFS (C) any other applicable fees described in this Agreement (d) any applicable TAX.
5.3 For avoidance of doubt the Subscriber makes the following appoints to MFS
5.4 The payable balance shall be remitted to the Subscriber though a wire transfer to the Subscriber's following bank.
Bank Details
5.5 Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency.
5.6 The Subscriber will bear the risk of (a) credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with the Subscriber's Transactions, and (b) late payments or defaults by the Customers in connection with payment of the invoiced orders.
5.7 If it was determined that the Subscriber actions or performance may result in returns, chargebacks, claims, disputes, violations of MYMO EXPRESS Policies, or other risks to MFS, MFS may offset any amounts that are payable by the Subscriber to MFS (in reimbursement or otherwise) against any payments due to MFS. MFS may also collect payment or reimbursement from the Subscriber by any other lawful means.
5.8 If it was determined that the Subscribers account was used or engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate MYMO EXPREES Policies, then MFS may in its sole discretion also withhold any payments due to the Subscriber.
6.1 The subscriber provides the following warranties in terms of the Products displayed in MYMO EXPRESS APP, and hereby undertake that:
6.2 The Subscriber further undertakes that the Warranty provided under this Clause (8) extends to any amendments made to MYMO EXPRE's existing Policies in the future or any new Policy which MFS may enforce from time to time.
6.3 Any breach or violation to this Clause (8) will constitute a major breach for the Subscriber obligations under this Agreement.
7.1 The term of this Agreement will commence on the date of completing the Registration for MYMO EXPREE APP and shall continue for full force for a period of Twelve (12) Month or until is terminated earlier one of the Parties as provided below:
7.2 The Subscriber may at any time terminate its Seller Account or this Agreement subject to provide thirty (30) days prior notice to MFS via Seller Account , email, or similar means.
7.3 MFS may terminate the Subscriber account or this Agreement for convenience and without assigning any reason and without further liabilities of compensation with 30 days’ advance notice.
7.4 MFS may suspend or terminate the Subscriber's Seller account or this Agreement immediately if it determined that (a) the Subscriber have materially breached the Agreement and failed to cure within seven (7) days of a cure notice unless the Subscriber breach exposes MFS to liability toward a third party, in which case MFS is entitled to reduce, or waive, the aforementioned cure period at its reasonable discretion; (b) the Subscriber account has been reported or MFS Controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) the Subscriber use of the Services has harmed, or MFS controls identify that it might harm, other sellers, customers, or MYMO Express ’s legitimate interests. MFS will promptly notify the Subscriber of any such termination or suspension via email or similar means including Seller Central
7.5 On termination of this Agreement, all related rights and obligations under this Agreement immediately terminates, except that the Subscriber will remain responsible for performing all of its obligations in connection with Transactions entered into before termination and for any liabilities that accrued before or as a result of termination, in addition Articles 8, 10, 11, 12, 14, 15, 16, 20, 21, and 22, of these Agreement survive.
The Subscriber hereby grants MFS a royalty-free, non-exclusive, license for the duration of this Agreement to use any and all of the Subscriber Materials to provide the Subscriber with the Service of MYMO EXPRESS APP, and to sublicense the foregoing rights to MFS 's Affiliates and operators of MYMO EXPRESS APP.
Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered in (s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one Party to the other Party or its Affiliates is at all times accurate and complete; (d) it will comply with all Applicable Laws in performance of its obligations and exercise of its rights under this Agreement.
10.1 the Subscriber will defend, indemnify, and hold harmless MFS, and it's officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) the Subscriber's Products, including the offer, sale, fulfillment (except to the extent attributable to the MFS 's default ), refund, cancellation, return, or adjustments thereof, the Subscriber's Materials, any actual or alleged infringement of any Intellectual Property Rights ( "IP Right ") by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by MFS), or property damage related thereto; (c) the Subscriber Taxes and duties or the collection, payment, or failure to collect or pay the Subscriber Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations the Subscriber have made; or ( e) any unauthorized leakage of the Personal Data of the Customers .
10.2 MFS will defend, indemnify, and hold harmless the Subscriber and its officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) MFS’s non-compliance with applicable Laws; or (b) allegations that the operation of MYMO EXPREE APP infringes or misappropriates that third party’s Intellectual Property rights.
10.3 If any indemnified Claim might adversely effect on MFS, MFS may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at MFS expense. No Party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other Party, which may not be unreasonably withheld; except that a Party may settle any claim that is exclusively directed at and exclusively affects that Party.
MYMO EXPRESS sites and the APP , including all content, software, functions, materials, and information made available on or provided in connection with the Agreement, are provided "as-is." as a user of the services, the Subscriber shall use the Seller Account at its own risk. In this regards MFS disclaim: (i) any representations or warranties regarding this Agreement, the Services or the Transactions contemplated by this Agreement, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) implied warranties arising out of course of dealing, course of performance, or usage of trade; and (iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from MFS negligence.
MFS does not warrant that the functions contained MYMO EXPREE APP, or sites and the services will meet the Client's requirements or be available, timely, secure, uninterrupted, or error free, MFS will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any Transactions.
b. MFS will only process the Customer's Order to the Subscriber and will not be involved in transactions between Customers and the Subscriber,therefore if a dispute arises between the Subscriber and one or more Customer, the Subscriber releases MFS (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MFS SHALL NOT , IN ANY CASE, BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF CONTRACTS, LOSS OF BUSINESS, LOSS OF GOODWILL OR OTHER-WISE OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR ANY SPECIAL DAMAGE HOWSOEVER CAUSED WHETHER ARISING OUT OF NEGLIGENCE, BREACH OF THIS AGREEMENT, EVEN IF MFS HAVE BEEN ADVISED OF THE POSSIBIL-ITY OF SUCH DAMAGES. NEITHER PARTY SHALL HAVE ANY DIRECT CLAIMS AGAINST INDIVIDUAL EMPLOYEES OF THE OTHER PARTY. MFS LIMIT OF LIABILITY SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY THE SUBSCRIBER FOR THE MONTH PRIOR TO THE DEFAULT'S OCCURRENCE, WHILE THE SUBSCRIBER LIABILITY SHALL NOT BE LIMITED AND SHALL COVER THE ACTUAL LOSS, LEGAL EXPENSE, FINES, PENALTIES, AND ANY OTHER EXPENSES INCURRED BY MFS AS A RESULT OF THE SUBSCRIBER DEFAULT.
During the course of the Subscriber use of the Services, the Subscriber may receive Confidential Information. The Subscriber agree that for the term of the Agreement and 10 years after termination: (a) all Confidential Information will remain MFS’s exclusive property; (b) the Subscriber will use Confidential Information only as is reasonably necessary for its Subscription in MYMO EXPREES Services; (c) the Subscriber will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) the Subscriber will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) the Subscriber will retain Confidential Information only for so long as its use is necessary for utilizing MYMO EXPREES SERVICE or to fulfill it's statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict the Subscriber right to share Confidential Information with a governmental entity that has jurisdiction over it.
The Subscriber may not authorize any other party to do any of the following with the Confidential Information received during the term of this Agreement , including the Seller account provided to the Subscriber: (a) modify or create derivative works based upon them in whole or in part; (b) distribute copies of them; (c) remove any proprietary notices or labels on them; (d) resell, lease, rent, transfer, sublicense, or otherwise transfer of rights; (e) access or use it for any purpose unrelated to the use of Services; or (f) access or use it for fraudulent or illegal activities or activities that violate MYMO EXPREE Policies or are otherwise harmful to MFS or any third parties. The limitations regarding Data Use in Section 16 above apply to any information you disclose or receive by the direct or indirect use of MYMO EXPREE APP Service.
During the course of your use of the Services, the Subscriber may also receive Personal Data of the Customers, and in this regards the Subscriber hereby undertakes to:
A) Only process the Personal Data as needed to fulfil its duties as set forth in the Agreement.
B) Ensure compliance with the required security measures, by implementing appropriate technical and organizational measures.
C) delete or return, at the choice of MFS all the personal data exchanged after the end of the provision of Services relating to processing, and delete existing copies unless a different storage of the Personal Data is required to fulfill legal obligations or to comply with specific requests from public entities;
D) Comply with MYMO EXPREES Data Privacy Policy being ANNEX 3 to this Agreement;
E) Immediately inform MFS if, in its opinion, an instruction infringes the Data Privacy Law
F) Implement any other measure that is useful and/or necessary to ensure the compliance with the obligations provided for by the Personal Date Protection Law.
the Subscriber may not issue any press release or make any public statement related to the Services, or use MYMO EXPREE APP/ MFS name, trademarks, or logo, in any way (including in promotional material) without MFS advance written permission/
Generally, the Subscriber may not use Customer personal data in any way inconsistent with applicable Laws. And must keep customer personal data confidential at all times.
MFS will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
This Agreement will not create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. the Subscriber will be solely responsible for all obligations associated with the use of any third party service or feature that it permit MFS to use on it's behalf, including compliance with any applicable terms of use. The Subscriber will not make any statement, whether on your site or otherwise, that would contradict anything in this Clause.
17.1. MFS will provide at least 15 days’ prior notice in accordance with for changes to this Agreement or the applicable Polices.
17.2 However, MFS may change or modify the Agreement/ Policies at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or.
17.3 The Subscriber continued use of MYMO EXPREE Services after the effective date of any change to this Agreement in accordance with this Clause 15 will constitute its acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Article 7 of this Agreement./p>
Any password and Access Tool provided by MFS to the Subscriber to you may be used only during the Term of this Agreement to access Seller Account or, to use the Services, electronically accept the Transactions, and review the completed transactions.
The Subscriber is solely responsible for maintaining the security of its password. Which may not be disclose to any third party. If the password is compromised, the Subscriber must immediately change your password.
19.1 License
MFS grants the Subscriber a limited, revocable, non-exclusive, non-sublicense nontransferable license during the term of the Agreement to display and to access and use Confidential Information and display the Products through the seller account solely for the purpose of the Subscriber use of the MYMO EXPREE APP Services covered by this Agreement. In this regards its agreed between the parties that MFS own all right, title, and interest in and to the Confidential Information, MYMO EXPREE APP , Materials, any technical and operational specifications, security protocols and other documentation or Policies provided or made available by MFS with respect to the utilization of the service and MYMO EXPREE internal data center facilities, servers, networking equipment, and host software systems that are used to provide the Selling Service (the "MYMO EXPREE Network").
19.2 Intellectual Property
The Parties hereto understand, acknowledge and agree that title, copyright and any intellectual property rights in or to any names, trademarks, service marks, logotypes, designs and/or artwork (collectively “IP”) of MYMO EXPRESS APP, made available by MFS to the Subscriber pursuant to this Agreement, will remain at all time the full property, of Delaware Horizon Inc, any approval so given by MFS as to the Subscriber will be limited to its terms and will not be construed to grant permission for any subsequent use of any of the relevant trademarks, service marks, logotypes, designs and/or artwork, except as otherwise specifically provided in such approval.
19.02 Termination of IP Rights: Upon termination of this Agreement, the Subscriber will immediately cease, to use MYMO EXPRESS names, trademarks, service marks, logotypes, designs and/or artwork and other title or reference capable or likely to be confused with such names, trademarks, service marks, logotypes, designs and/or artwork for any purpose whatsoever.
20.1 Non Assignment: the Subscriber may not assign this Agreement, by operation of law or otherwise, without MFS prior written consent provided, however The Subscriber agree that MFS may assign or transfer the rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of its assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for MFS as the party to this Agreement. Subject to that restriction.
20.2 Successors: This Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.
20.4Severability : If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
20.5This Agreement shall be governed by the Laws of the Sultanate of Oman. Any dispute between the Parties in connection with or arising out of the existence, validity, construction, performance, breach and termination of this Agreement or any terms hereof which the Parties themselves are unable to resolve shall be referred to the competent Omani courts.This Agreement shall be governed by the Laws of the Sultanate of Oman. Any dispute between the Parties in connection with or arising out of the existence, validity, construction, performance, breach and termination of this Agreement or any terms hereof which the Parties themselves are unable to resolve shall be referred to the competent Omani courts.
* Sale Obligation Refunds and Returns Policy.
1. REPRESENTATIONS, WARRANTIES AND GUARANTEES
1.01 The Subscriber shall provide the details Product Description for every Product displayed in MYMO EXPRESS APP.
1.02 The Subscriber acknowledge that the Products Descriptions are considered as representations, warranties and guarantees from the Subscriber to the Customers and MFS and are of the essence to this Agreement. Further, The Subscriber guarantees that all Products are:
1.03 Customer's acceptance of the Products shall not release The Subscriber from any of its obligations concerning warranties or other provisions of this Agreement. Nor shall the Customer's right to (i) reject non-conforming Products;(if delivery is made) or (ii) claim for refund (iii) initiate any form of legal proceedings against the Subscriber be impaired.
2. SERVICE LEVEL and LEAD TIME
2.01 The Subscriber shall prepare and , deliver the Products of each Purchase Orders within a maximum period of twenty minutes from the time of receiving each Order Or the period that mentioned in the Subscription agreement.
2.02 In case of receiving multiple Orders from different Customers each Purchase Order will be processed, packed, and prepared separately.
2.03 The Subscriber shall always notify the Customers in writing, and in advance whenever the Subscriber is unable to supply any Products. Such notifications, intended to help avert any sudden crisis, and shall also include recommended substitutes / alternate sources if available.
2.04 Time shall be of the essence for the deliveries relevant to this Agreement. The Subscriber shall remain committed to honoring the delivery date/ time specified in each Article 2.04.
2.05 In case is faulier or delay on making the delivery The Subscriber shall be fully and solely liable towards the Customers.
2.06 In case of failure or delay MFS will provide MYMO EXPRESS Customers with a cancelation and refund option in addition to free voucher of One OMR For Orders less than OMR 10 , and a voucher of 10% of the order value for Orders more than OMR 10 , MFS shall deduct the free voucher from the Sales Proceeds due to The Subscriber.
2.07 In all Orders the Subscriber shall designate a phone number for the Customers to contact for any inquiry related to the Order
3. DELIVERY
3.01 Unless otherwise agreed in writing with MFS, delivery of the Products shall be affected by The Subscriber at its own risk and expense, at the place and on the date(s)/ time (s) specified in the Order to MYMO EXPREE Customer's address.
3.02 The Subscriber
4. PACKING
4.01 The Subscriber will package the products in packaging material that contain its logo and Trade Mark
4.02 Packaging of each of each Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements, including any warnings or instructions necessary to safely use.
4.03 The Subscriber will package the Products in a manner suitable for delivery at the location required in the applicable Order at no cost to MFS.
4.04 The Products shall be packed and delivered in strict compliance with all the applicable rules and regulations in the jurisdictions of the Sultanate of Oman.
5. QUALITY PERFORMANCE
5.01 All Products are to be sourced/ produced in line with the Applicable laws.
5.02 Except for fresh fruits, vegetables, dairy products and fresh Products. All other Products shall be supplied with a shelf life of at least three (3) months
5.03 In the event that the Products delivered to the Customers does not conform to these standards / specifications, the Customers in addition to any other rights and remedies regulated under the applicable customer protection law , shall be entitled to:
5.04 The Subscriber shall be responsible for non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the its Products, except to the extent caused by MFS failure to make available to the Subscriber the Order Information as it was received by us or resulting from address verification. The Subscriber is also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of its Products or other products provided in connection with its Products.
5.05 The Subscriber will notify MFS promptly as soon as it has knowledge of any public or private recalls, or safety alerts of its Products or other products provided in connection with its Products.
6. Sale Refunds and Returns policy
MYMO EXPRESS Refund Policies for the applicable to The Subscriber Products and The Subscriber hereby undertakes to:
Returns to Subscriber and Disposal
Customers may in consistent with the terms of this Agreement , MYMO EXPRESS Policies and the applicable law , request the Products to be returned to the Subscriber in such case the Subscriber shall at it own risk and expense accept and receive the returned Products within a maximum period of 48 hours following the Customer's request.
MFS may also , at any time, request that Products be returned to the Subscriber or dispose of the Products ( in case of delivery made by MFS)
MFS may dispose of any unsuitable Products (and the Subscriber will be deemed to have consented to MFS action): (d) immediately if it's determine that (i) the Products creates a safety, health, or liability risk to MFS, our personnel, or any third party; (ii) you have engaged in fraudulent or illegal activity; or (iii) we have cause to terminate your use of Services with immediate effect pursuant to Section 3 and are exposed to liability towards a third party; (e) if the Subscriber fail to direct MFS to return or dispose of any unsuitable Products within thirty (14) days after MFS notify the Subscriber that the Products has been recalled which shall be reduced to (3) days in case of dairy , fresh products which has short term life span
The Subscriber shall promptly notify MFS of any recalls or potential recalls, or safety alerts of any of the Products and cooperate and assist us in connection with any recalls or safety alerts, including by initiating the procedures for returning items to you under our standard processes. The Subscriber will be responsible for all costs and expenses the Subscriber, MFS or any of MFS or the Subscriber Affiliates incur in connection with any recall or potential recall or safety alerts of any of the Products (including the costs to return, store, repair, liquidate, or deliver to you or any vendor any of these products).
Customer Care Policy.
MFS will not have any Customer service obligations other than to pass any inquiries to the Subscriber attention at the Subscriber Seller account, and to make available a reasonable amount of information regarding the status of the fulfillment of the delivery of the Products and to the extent MFS possess the requested information.
MFS will ensure that all the Policies regarding shipping / delivery of Products, returns, customer service, will be available on MYMO EXPREES website, or APP to the Customer
MFS will not be responsible for all customer service issues relating to packaging, handling, delivery, customer returns, or refunds as it will remain the full responsibility of the Subscriber, MFS however will determine whether a customer will receive a refund, adjustment or replacement for any Products and will require the Subscriber to reimburse MFS where it determine the Subscriber has a responsibility in accordance with the Agreement , and MFS will promptly notify the subscriber when is found responsible for a customer refund.
The Subscriber may appeal if it disagree with our finding within Three (3) days after MFS notification.
ANNEX (3) Delivery Tracking Policy.
ANNEX (4) Marketing Policy.
It is agreed between all parties that the marketing policies of the advertised Products or services provided through the MYMO application are in all cases completely subject to the Delaware Horizon Company, the owner of the application, and according to the following: