1. Introduction

These Terms and Conditions apply to the Opal and      all its contents. Individuals and entities, whether natural or juristic, who access the services provided by Us, are considered Users and are subjected to these Terms and Conditions, which are legally binding. The Terms and Conditions are applicable to Users who access Opal and use our services      whether within the premises of the Sultanate of Oman or abroad     .

2. DEFINITIONS

In this document, the following terms shall be defined as follows:

1. “Opal“, “Us” or “We” refers to the company Opal Smart Solutions LLC, its website at Opal.om, or Opal’s applications, features, or other services.

2. “Users” refers to any individual utilizing any form of technology with access of the internet by creating an account on Opal or interacting with the Opal services at any capacity.

3. “Drivers” or “Representatives” refers to Individuals engaged by Opal as independent contractors to perform delivery services. Representatives are responsible for transporting goods from the sender to the recipient using their vehicles, and for ensuring the timely and secure delivery of items. They operate independently of Opal and are not considered employees of the company.

4. “Marks” refers to all protected trademarks, service marks, logos, slogans, trade names, and other identifying symbols used on Opal, or any other platform associated with its services.

3. Description of Services:

The Opal app allows members to request and manage at their will a delivery or services through smartphones, or its website covering all regions of the Sultanate of Oman. The application connects customers (Users) directly with delivery agents (Representatives), bypassing intermediaries. Users can choose delivery options based on time and cost through an easy-to-use interface.

Opal only facilitates connections between Users and Representatives and does not involve itself in delivery arrangements or responsibility for compliance with local transport regulations. Users must verify delivery addresses themselves, as Opal is not liable for errors. While Representatives strive to meet delivery times, external factors may cause delays.

4. Types of service and prices:

Opal enables its Users to designate the pickup and delivery locations for their order and select a preferred delivery time. The User can then choose a Representative based on the price quotes provided by the available Representatives.

Fixed Price: payment amount is not subject to any adjustments based on the contractor’s cost experience. In other words, the Driver agrees to deliver a specified product, service, or project for a set price, regardless of the actual costs incurred during the project.

Bidding: Upon initiation of a bidding process by the User, a notification is dispatched to all Drivers, informing them of a current offer. Drivers are then able to submit their most competitive prices to the User. The User subsequently reviews the submitted bids and selects the one that best aligns with their requirements. This process allows Drivers to submit proposals in response to the User’s request for the execution of services.

VAT Information: Depending on the services provided, prices may be subject to VAT, which will be included on the invoice.

User and Driver responsibilities:

When using Opal services, the Member acknowledges and agrees to the following terms:

1. The User/Driver confirms the accuracy of the information provided in the registration form, that such information is necessary. They also bear full responsibility for any losses resulting from providing inaccurate or insufficient information, such as forgetting the password, with Opal not bearing responsibility in those cases, with the possibility of terminating the member’s membership.

2. The User/Driver bears full responsibility for the opinions and personal data they share during their use of Opal services, as well as for the attached files and personal information sent, with Opal not bearing any responsibility in this regard.

3. The User/Driver undertakes not to send any threatening, immoral, or racist messages, and not to use the service for commercial or advertising purposes without the express consent of Opal.

4. Users/Drivers are prohibited from using the Service in ways that are considered illegal or harmful, such as sending information or software that causes damage to other Users’ devices.

5. All Opal systems are monitored at any time, and the company reserves the right to use its system for commercial purposes.

6. Users/Drivers pledge not to access the site or services using third-party accounts without explicit consent, and not to use the site for illegal purposes or infringing behavior.

7. Minors must obtain guardian approval before using the site, with direct supervision by their guardian.

8. The User/Driver undertakes to pay the delivery Representative directly in cash according to the amount indicated in the order during receipt from the sender or after delivery from the recipient, with Opal not bearing any responsibility in this regard.

9. The User/Driver knows and acknowledges that we are not employers and do not have any controlling or supervisory authority over delivery Representatives, and that they are completely independent in their work.

10. The User acknowledges that we do not represent before others, nor are we considered their agent, and that they are personally responsible towards the delivery Representative in the event of a breach of the terms and conditions stipulated in this agreement or in the event of a breach of the legal texts and provisions in effect within the Sultanate of Oman.

5. Return Policy

If the User cannot receive the order or if a return is necessary, the sender must cover both the delivery and return costs, totaling twice the agreed delivery fee. Opal is not liable for any related disputes. Additionally, the User may cancel the order if it exceeds the delivery time specified by the Representative.

Order Cancellation:

Upon receipt of the order confirmation, if the User wishes to cancel the order, they must contact the delivery Representative directly, provided that the Representative has not yet dispatched or arrived at the delivery location. If cancellation occurs after the Representative has arrived to collect the order or deliver the service, the User may be required to pay the full delivery amount as agreed or as per the arrangement between the parties. If the Representative has already begun the delivery process, the User may also be liable for any additional costs incurred, including but not limited to, transportation and handling fees. Opal shall not be held liable for any disputes arising from the cancellation process or any associated costs.

Despite Opal’s efforts to ensure accurate pricing and descriptions, we reserve the right to cancel any order if it contains incorrect information.

6. Renunciation

Opal does not guarantee the accuracy, completeness, or reliability of the content on its website/application. The Users are responsible for their usage of the services, and any reliance on its content. Opal, its partners, officers, employees, agents, or affiliates shall not be held liable for any damages, whether direct, indirect, incidental, punitive, or consequential, that may result from the use of or reliance on any content contained within the website/application. This includes but is not limited to any claims, losses, or damages, whether under contract, tort, negligence, or any other legal      premise. It is the sole responsibility of the Users to make their own decisions and take their own actions based on the information provided on the website/application. Opal shall not be held liable for any consequences resulting from the Users’ decisions or actions.

7. Liability

Opal provides general information and materials and does not constitute any form of advice, whether financial, business, legal, or otherwise. Users should not rely on the content of the website/application as a substitute for professional advice.

Opal shall not be held liable for any direct or indirect damages or loss of business, revenue, profits, or any other indirect or consequential loss arising from the use of or the unavailability of Opal Website/application or its services. If Users are dissatisfied with any aspect of the Opal, they      shall not agree with the Terms & Conditions, they are advised to discontinue using the services of Opal.

Users acknowledge that Opal cannot guarantee the privacy and confidentiality of any information exchanged with them through the website/application. Therefore, Users should exercise discretion when sharing any sensitive or personal information with Opal.

Force Majeure: Opal shall not be held liable to any party for any loss or damage arising out of or in connection with a Force Majeure event, provided that the affected party has complied with its obligations under this clause.    

8. Links to other Websites/Applications

Opal shall not be held liable for any third-party content accessed through links posted on its website/application. Users acknowledge that accessing such sites is at their own risk, and Opal disclaims any liability to the fullest extent permitted by law.

Opal does not endorse and makes no representations regarding the truth, accuracy, reasonableness, timeliness, reliability, or completeness of any services, information, data, or content related to third parties. Additionally, Opal does not have any knowledge of or control over the information contained in any third-party website/applications.

Opal shall not be held liable for any loss or damage Users may experience while using third-party content. It is the sole responsibility of the Users to exercise discretion when accessing and using any third-party content.

10. Amendment

Opal reserves the right to modify and update these Terms and Conditions at its discretion and without prior notice to Users. Opal will publish any changes or updates to these Terms and Conditions on its website/application, and the amended Terms and Conditions will take effect immediately upon their publication.

Users are advised to regularly review these Terms and Conditions to stay informed about any changes or updates. By continuing to use the Opal after any modifications to these Terms and Conditions have been made, Users accept and agree to be bound by the amended Terms and Conditions.

11. Intellectual Property, Copyrights and Trademarks

All materials and content displayed on the Opal website/application, including but not limited to images, text, graphics, logos, software, audio and video files, and other materials (collectively referred to as “Content”), are the exclusive property of Opal, its affiliates or third parties, and are protected by applicable copyright laws in the Sultanate of Oman and internationally. The compilation of all Content on the Opal website/application is the sole and exclusive property of Opal and its affiliates and is protected by copyright laws.

Marks are either owned by Opal or its      affiliates or have been licensed to Opal by their respective owners. The use of any Marks on the Opal website/application without the express written permission of Opal or the respective owner of the Marks is strictly prohibited.

Users of the Opal are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, or transmitting any Content or Marks displayed on the Opal website/application without the prior written consent of Opal or the respective owner of the Content or Marks. Unauthorized use of any Content or Marks may result in legal action by Opal or the respective owner of the Content or Marks.

12. Governing Law & Jurisdiction

These Terms and Conditions and any dispute arising out of or related to the use of the Opal websites/applications shall be governed by and construed in accordance with the laws of the Sultanate of Oman, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the Opal services shall be instituted exclusively in the courts of the Sultanate of Oman.

The User irrevocably submits to the jurisdiction of such courts and waives any objection that may contravene to such courts, including but not limited to objections based on jurisdiction, venue, or inconvenience of the forum.

If any provision of these Terms and Conditions is deemed invalid, unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

     Opal’s failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Opal in writing.