terms & conditions
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT, THEN (I) YOU SHOULD NOT TO USE THE SITE.
(a) As between you and BDI, BDI owns all right, title and interest in and to the Site, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights in the Site and any and all of the text, data, illustrations, images, graphics, photographs, audio, video and audio-video clips and all of the other information and materials made available through the Site (the “Content”). No right, title or interest in or to the Site or content is transferred to you under this Agreement.
(b) The entire Content of the Site is protected under Oman copyright law. The copyrights in the Content of the Site are owned by BDI or by third parties who have licensed their materials to BDI. The Content of the Site is protected under copyrighted as a collective work and BDI owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
(c) All of the trademarks, service marks and logos (collectively, “Trademarks”) displayed on the Site belong exclusively to BDI or their respective owners and may not be reproduced, displayed or used without the written permission of the trademark owner. Nothing contained on the Site should be construed as granting any license or right to use any of the Trademarks.
LICENSE. Subject to the terms and conditions of this Agreement, BDI grants you a limited, revocable, non-transferable license to use the Site in accordance with the terms and conditions of this Agreement. You may only use the Site for legitimate purposes and shall not use the Site for any other purposes. You may not use, copy, reproduce, publish, display publicly, perform publicly, distribute, transmit, transfer, modify or create derivative works based on the Site, in whole or in part, without first obtaining written permission from BDI.
(a) You may not: (i) delete or modify any copyright or trademark notices or language of attribution; (ii) publish, perform, display any part of the Site; or (iii) publish, perform publicly, display publicly or broadcast any part of the Site in or on any other media.
(b) You may not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that could damage, disable, overburden or impair any BDI server or any network connected to any BDI server, or interfere with others’ use and enjoyment of any part of the Site.
(c) In no event may you sell, resell or exploit for any commercial purposes, all or any part of the Site or access to or use of the Site. You shall not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor, copy any part of or interfere or attempt to interfere with the proper working of the Site.
AUTHORITY. You represent and warrant that: (a) you are at least 18 years of age; and (b) you possess the legal right, capacity and authority to enter into this Agreement.
SERVICE DESCRIPTIONS. TBC attempts to be as accurate as possible. However, BDI does not warrant that service descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free.
ELECTRONIC COMMUNICATIONS. When you visit the Site or send e-mails, or other digital communications to BDI, you are communicating with BDI electronically. You consent to receive communications from BDI electronically, including by e-mail, or by posting notices on the Site or any of its digital channels.
CHANGE OR DENY ACCESS. BDI reserves the right, at any time with or without prior notice, to change the Site, limit access to the Site or shut down the Site.
DISCLAIMER OF WARRANTIES
(a) BDI MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY CONTENT ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TBC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) TBC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE. TBC DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, OR ANY DIGITAL COMMUNICATIONS SENT FROM BDI ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR FREE BASIS.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES AND CONDITIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
(a) YOUR USE OF THE SITE, DIGITAL COMMUNICATION ALERTS AND THE CONTENT ARE AT YOUR SOLE RISK. IN NO EVENT SHALL TBC BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (a “CLAIM”), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SITE.
(b) THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF TBC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
(c) IF, NOTWITHSTANDING ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, TBC IS FOUND LIABLE FOR ANY CLAIM WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT THE TOTAL LIABILITY OF TBC, ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, OMR 10 (Ten Omani Rials).
(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless BDI, its affiliates, and any third party providers , and its and their officers, directors, employees and agents from and against all Claims including reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Site.
LINKS. The Site may contain links to other websites and digital channels. Such links are provided solely as a convenience to you and not as an endorsement by BDI of such other Web sites and digital channels. Your use of any such other Web sites or digital channels is at your own risk.
RELATIONSHIP. The relationship between BDI and you is as independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
ATTORNEY’S FEES. If BDI prevails in any action to enforce this Agreement, BDI will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any cost of litigation, in addition to any other relief to which BDI may be entitled.
INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to BDI as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BDI shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of this Agreement by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by BDI in obtaining such an injunction, including reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
GOVERNING LAW; JURISDICTION. THIS AGREEMENT AND ITS PERFORMANCE SHALL BE GOVERNED BY THE LAWS OF THE SULTANATE OF OMAN, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. YOU CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MUSCAT, OMAN, IN ALL QUESTIONS AND CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR THE CONTENT.
TERMINATION. BDI may, in its sole discretion, terminate this Agreement at any time for any or no reason, with or without prior notice, including, without limitation, if you fail to comply with any of the terms of this Agreement. Any termination of this Agreement shall not affect any right to relief to which BDI may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to BDI and you shall immediately cease all of the Site and the Content. The provisions of this Agreement which by their express or implied terms extend beyond the termination of this Agreement shall continue in full force and effect notwithstanding the termination of this Agreement, including any disclaimer of warranties, limitations of liability, indemnification, ownership and restrictions on use.
ASSIGNMENT. You may not assign this Agreement or any rights, duties or obligations under this Agreement. BDI may freely assign this Agreement or any rights, duties and obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assign, heirs and legal representatives.
MODIFICATION. BDI may update and amend this Agreement from time to time. All such updates and amendments are effective immediately upon notice thereof, which we may give by posting a revised version of this Agreement or other notice on the Site. You should view this Agreement often to stay informed of changes that may affect you. Your continued use of the Site signifies your continuing consent to be bound by the terms of this Agreement.
SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
WAIVER. BDI's failure at any time to require performance of any provision of this Agreement or to exercise any right provided for in this Agreement shall not be deemed a waiver of such provision or such right. All waivers must be in writing.
Last Updated August 2023.
Personal Information That We Collect
BDI collects personal information from you , when you voluntarily submit information directly to us; 2) using automated technology, including when you visit our Site, social media platforms, or interact with our electronic communications; and 3) using third party sources, including our clients, service providers, analytics providers, or through social media and other websites or services we interact with. Personal information may include your name, email address, physical address and other information that identifies you, and may also include information about your Internet/Network Activity such as your IP address, your device information, location, domain name, browsers you used to access our website and services, web pages viewed, time spent on webpages, links clicks, site-navigation patterns. For most devices and computers, you can withdraw permission for us to collect such information using device or browser settings. If you have any questions about how to prevent sharing of location information from your mobile device or computer, we recommend you contact the manufacturer or device service provider.
We will only use your personal information as described below, unless you have specifically consented to another type of use, either at the time the personal information is collected from you or through some other form of consent from you or notification to you:
We may use your personal information to respond to your inquiries or requests.
We may permit our vendors and subcontractors to access your personal information, solely in connection with performing services for us. Our vendors and subcontractors are not authorized by us to use the information for their own benefit.
We may disclose personal information as required by law or legal process.
We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our clients.
We may transfer your personal information in connection with the sale or merger or change of control of the Site, BDI or the division responsible for the services with which your personally identifiable information is associated.
Non-personal or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.
Cookies and other Automated Technology
To find more information about cookies and for instructions on how to disable them please visit www.allaboutcookies.org or visit the help section of your browser. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use.
We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized loss, misuse, unauthorized access, alteration, or disclosure. Even though we follow reasonable procedures to try to protect the information in our possession from loss, misuse, unauthorized access, alteration, disclosure or destruction, no security system is perfect, and we cannot promise, and you should not expect, that your information will be secure in all circumstances. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us.
Intended Audience of Websites; COPPA Compliance
We are in compliance with the requirements of the Children's Online Privacy Protection Act (“COPPA”). We do not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. If you are not 16 or older, you should not visit or use our Site or social media accounts. If you become aware that a child has provided us with personal information without appropriate consent, then please contact us using the details below so that we can take the appropriate steps in accordance with our legal obligations and this Policy.
Third Party Advertising And Analytics Disclaimer
Examples of our third-party service providers to help deliver our services or to connect to our services include:
Google Analytics and Google Ads: We use Google Analytics to understand how our website and services perform and how you use them. We have entered into a service provider addendum with Google. However, if you would like to take additional precautions to opt out of Google Analytics and Ads, you can opt out of Google Analytics by installing Google's Opt Out browser add on: https://tools.google.com/dlpage/gaoptout and opt out of interest-based Google ads using https://adssettings.google.com/u/0/authenticated. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies on third party websites or which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices.
The Site may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices.
Do Not Track Notice: Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals.
You may also request access to your personally identifiable information (if you have provided such information to us through the Site) and information about our collection, use and disclosure of that information by using the contact information provided above. You will be given reasonable access to your personally identifiable information and may seek to challenge the accuracy and completeness of the information, and have it amended as is appropriate. You can help us maintain the accuracy of your information by notifying us of any changes to your personally identifiable information.
This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit personal information to us.