Welcome to www.opal.om! The Terms and Conditions govern your use of the Opal website, application, platform, and all related services (collectively referred to as "the Services"). By accessing or using our Services, you ("User" or "Users") agree to comply with and be bound by these Terms and Conditions, as well as any applicable laws and regulations.
The Services are provided by Opal, and these Terms and Conditions are legally binding for all individuals and entities, whether natural or juristic, who access or use the Services.
These Terms and Conditions apply to Users accessing Opal and utilizing our Services, whether within the Sultanate of Oman or from any other jurisdiction, whether or not located within Oman.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, which may be updated or modified from time to time.
Unless otherwise mentioned hereunder, the following terms shall be defined as follows:
Opal provides a digital platform through its app and website that allows Personal Users/Entities (customers) to request and manage deliveries or services at their discretion, covering all regions of the Sultanate of Oman and potentially expanding to other regions in the future. The platform connects Users directly with Representatives (delivery agents), bypassing intermediaries, for the purpose of transporting goods and services.
Opal acts solely as a facilitator, connecting Users with Representatives, and is not involved in the physical handling or transportation of goods. Opal does not take responsibility for delivery arrangements or compliance with local transport regulations. Users are solely responsible for verifying the accuracy of delivery addresses provided through the platform, as Opal is not liable for any errors in this regard.
While Representatives strive to meet estimated delivery times, delays may occur due to external factors such as weather conditions, traffic, or other unforeseen circumstances. Opal is not liable for any delays or failures in meeting delivery schedules that result from such factors.
The Services are available to Users within the Sultanate of Oman and may expand to additional regions in the future. Opal reserves the right to modify, suspend, or discontinue its services at any time, with or without notice, at its sole discretion.
While Opal makes every effort to ensure the platform is available and functional, there may be occasional downtime due to system maintenance, technical issues, or other factors outside of Opal's control. Opal is not liable for any loss or inconvenience arising from such downtime.
To access and use the services provided by Opal, User must complete the registration process by creating an account on the Opal platform (the "Account"). By registering, you agree to provide accurate, current, and complete information, and to update such information as necessary to ensure that it remains accurate and up to date. Registration is required for all Users, including Customers and Drivers, to access the platform and use Opal's services.
Personal Users/Entities and Drivers are required to register separately, and the registration process may differ based on the type of User. To create an account, you will be asked to provide certain personal information, including but not limited to:
You agree to provide accurate, truthful, and complete information during the registration process and throughout the use of the Opal platform. Failure to provide accurate information may result in the suspension or termination of your account.
You are responsible for ensuring that the information in your account remains up to date, and you agree to promptly update your details if any changes occur (e.g., change of address, contact information, payment details, or vehicle status).
You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to immediately notify Opal if you suspect any unauthorized use of your account or if you believe your account credentials have been compromised.
After submitting your registration details, Opal may require a verification process to approve your account, particularly for Drivers, to ensure compliance with legal, safety, and platform standards. Opal reserves the right to accept or reject any registration request at its sole discretion, and to suspend or terminate an account if the provided information is inaccurate, incomplete, or violates the Terms and Conditions.
Once registered, you will be granted access to the Opal platform to use the services as permitted by your user type (Customer or Driver). You agree to use the platform solely for lawful purposes and in accordance with these Terms and Conditions.
In some cases, Opal may collect or access third-party information (such as from payment processors or government databases) to verify your identity or process transactions. You authorize Opal to collect and use this information for these purposes.
By registering as a Driver on the Opal platform, you agree to the following terms and conditions, which are specific to Drivers, and form part of the overall Terms and Conditions for using Opal services.
By using the Opal platform as a User (Customer), you agree to the following terms and conditions, which apply specifically to Personal Users or Entities requesting delivery services.
Fixed Price means that the total payment amount for a delivery or service is pre-determined and is not subject to any adjustments based on the Driver's actual costs or expenses incurred during delivery or service execution. The User and Driver agree on a set price, and this price remains unchanged regardless of factors such as time, distance, or other unforeseen circumstances. This model offers predictability for both the User and the Driver, ensuring a fixed, agreed-upon cost.
Opal charges a service fee or commission ("Service fee") totaling 12% of the Fixed Price, in addition to the Fixed Price. This fee is evenly divided, with 6% allocated to the User and 6% to the Driver. The service fee is disclosed to both the User and the Driver at the time of the transaction and may vary based on the specific terms of the agreement or service package.
The User will pay the agreed fixed price to Opal via the designated online payment method. Opal will then deduct the service fee and transfer the remaining amount to the Driver. The service fee is invoiced separately by Opal and will be processed through the same online payment method.
Upon the User's request for delivery or services, Opal may initiate a Bidding Process where Drivers are notified about the offer. Drivers will receive a notification of the current delivery offer and can submit their bids, which include their proposed delivery price and any terms they wish to specify. This allows Drivers to offer competitive pricing based on the User's requirements, such as delivery time, distance, and special instructions.
Once all bids are submitted, the User can review the proposals and select the Driver that best matches their needs, considering factors such as price, estimated delivery time, and any additional services offered. The User will agree to the selected bid, and a formal contract will be established between the User and the Driver based on the chosen terms.
Opal facilitates the transaction but does not directly control the pricing of bids submitted by Drivers. However, the User will pay the agreed bid amount to Opal. Opal will then deduct its service fee from this amount and transfer the remaining balance to the Driver. Opal may charge a service fee, which is calculated based on the final agreed bid amount and will be invoiced separately to the User.
Depending on the nature of the services provided, prices for deliveries and services may be subject to Value Added Tax (VAT). VAT will be applied in accordance with the laws of the Sultanate of Oman or any relevant jurisdiction. VAT charges will be clearly indicated on the invoice provided to the User. The User agrees to pay any VAT that is applicable to the services rendered, in addition to the agreed-upon price for the service or delivery. Opal will ensure that the VAT is calculated at the correct rate and included in the final invoice provided to the User.
For Drivers acting as independent contractors, it is the Driver's responsibility to manage their own VAT compliance, including issuing receipts where applicable, as per the regulations of the Sultanate of Oman.
Opal charges a service fee to both Users and Drivers. This fee is a total of 12% of the agreed-upon delivery price or the final accepted bid amount, with 6% charged to each party. The fee will be transparently communicated before final confirmation of the transaction. Opal's Service Fee is applied to the transaction total and will be invoiced separately. This fee may vary depending on the delivery service type, distance, or region. Opal reserves the right to modify the service fee structure at any time, and users will be notified accordingly.
The User is responsible for paying the total amount (including VAT and any applicable fees) for the service or delivery as outlined in the invoice. After payment is received, Opal will deduct the service fee and transfer the remaining amount to the Driver.
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.
By using Opal's services, the User retains full ownership of any content they upload, post, or transmit through the Opal platform, including but not limited to text, images, documents, videos, or other materials ("User Content"). The User affirms that they possess all necessary rights, licenses, or permissions to upload and share such content on the platform and that the content does not infringe upon the intellectual property rights or other legal rights of any third party. By submitting User Content, the User grants Opal a worldwide, royalty-free, transferable, and sublicensable license to use, display, modify, reproduce, distribute, and process the User Content solely for the purpose of providing and improving the Opal services. This license is limited to the operational needs of the platform, such as showcasing content, offering customer support, or promoting Opal services.
However, no ownership of the User Content is transferred to Opal. The User remains the sole owner of their intellectual property rights in the content, subject only to the license granted to Opal as outlined above. The User agrees not to upload or share any content that infringes upon the intellectual property rights of third parties or contains material that is unlawful, defamatory, obscene, or offensive. Any violation of third-party intellectual property rights may lead to the suspension or termination of the User's account.
While Opal respects the ownership of User Content, Opal retains all rights, title, and interest in and to the Opal platform, including its software, applications, and any other materials provided by Opal for the User's use. These materials are protected by intellectual property laws, and the User has no rights to use Opal's intellectual property beyond the scope explicitly permitted in these Terms. The User agrees to indemnify and hold Opal harmless against any claims, damages, or liabilities arising from the infringement or misuse of intellectual property rights in their submitted content.
Opal reserves the right to remove any User Content that it believes, in its sole discretion, infringes upon third-party intellectual property rights or violates the Terms of Service, without prior notice. In such cases, Opal will take reasonable steps to notify the User of any content removal.
Opal understands that occasionally a return may be necessary; however, in the case of return, the User will be responsible for both the delivery and return costs, which includes the Service Fee (together the "Return Fees"). These costs will be calculated at twice the agreed delivery fee, which covers both the initial delivery and the return of the item along with Service Fee. Failure to pay for the return fees may result in restrictions on the User's ability to use Opal's services, and the User may be held liable for any disputes arising from such actions.
Notwithstanding the above, the User may cancel the order if the delivery exceeds the time frame specified by the Representative at the time of booking. In such cases, the User will not be required to pay any cancellation or return fees, provided the delay is attributable to the Representative and not to factors outside Opal's control (e.g., weather conditions, road closures, etc.).
Upon receipt of an order confirmation, if the User wishes to cancel the order, they must contact the assigned Representative directly. However, cancellation is only permissible if the Representative has not yet been dispatched or arrived at the designated pickup location. Once the Representative has arrived to collect the order or is in transit for delivery, the User may still request a cancellation, but they may be required to pay the full agreed-upon delivery fee or any other charges as per the specific arrangement with the Representative, which includes Opal's service fee.
If the Representative has already begun the delivery process, the User may also be liable for any additional costs incurred due to the cancellation, including but not limited to transportation, handling fees, the agreed upon delivery fee and Opal' Service fee and other operational costs that may arise. Opal shall not be held liable for any disputes that may arise from the cancellation process, or any associated costs incurred by either party.
Opal reserves the right to cancel any order if the order contains incorrect or inaccurate information (e.g., wrong address, misleading product description, etc.), even after the order has been confirmed, and will do so without incurring any liability for damages or loss resulting from such cancellation.
Opal provides its services on an "as-is" basis, and although we strive to ensure the accuracy, completeness, and reliability of the content on our website and mobile application, we do not guarantee the accuracy, completeness, or fitness of any information provided through these platforms. The User acknowledges that any use of Opal's services or reliance on the content available through our website/application is at their own risk.
Opal, its partners, officers, employees, agents, or affiliates shall not be liable for any damages arising from the use of the website/application, including direct, indirect, incidental, punitive, or consequential damages. This includes, but is not limited to, any losses or damages incurred as a result of relying on content on the website, whether the reliance is based on contract, tort (including negligence), strict liability, or any other legal theory.
It is the sole responsibility of the User to evaluate the accuracy, reliability, and completeness of any information or content provided by Opal. The User should make their own independent decisions and take appropriate actions based on their assessment of the information. Opal will not be held liable for any consequences resulting from the User's decisions, actions, or reliance on the information provided through the Opal platform.
Opal provides general information and materials through its website and application; however, this does not constitute any form of professional advice, including but not limited to financial, business, legal, or otherwise. Users should not rely on the content provided on the Opal platform as a substitute for professional guidance, and Opal expressly disclaims any liability for any actions Users may take based on such information. Users are advised to consult with appropriate professionals for advice relevant to their individual circumstances.
Opal shall not be held liable for any direct or indirect damages, loss of business, revenue, profits, data, or any other consequential or incidental loss arising from the use, or the inability to use, the Opal website/application or its services, including but not limited to damages resulting from system failures, delays, interruptions, or errors in services. In no event shall Opal be responsible for any damages that exceed the amount paid by the User for the specific service causing the damage, if any.
If at any time Users are dissatisfied with any aspect of the Opal platform, website, or services, or disagree with these Terms & Conditions, the User is advised to immediately discontinue their use of Opal services. Continuing to use Opal's services after any such dissatisfaction or disagreement will constitute the User's acceptance of the Terms & Conditions.
Users acknowledge and agree that Opal cannot guarantee the privacy and confidentiality of any information exchanged through the website/application. While Opal takes reasonable measures to secure its platform, no system is completely secure. Therefore, Users should exercise discretion when sharing any sensitive, confidential, or personal information with Opal. Opal is not liable for any breach of privacy or security arising from the transmission of such information, whether by the platform, internet service, or third-party service providers.
Opal shall not be held liable for any failure or delay in performance of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond Opal's reasonable control, including but not limited to, natural disasters, fire, war, acts of terrorism, labor disputes, government regulations, internet outages, or any other event beyond Opal's control (a "Force Majeure Event"). In such cases, Opal will not be deemed to be in breach of its obligations under this agreement, provided that the affected party promptly notifies the other party of the Force Majeure Event and continues to perform its obligations to the extent reasonably possible.
The User agrees to indemnify, defend, and hold harmless Opal, its affiliates, directors, officers, employees, agents, representatives, and partners from and against any and all claims, demands, actions, losses, damages, liabilities, penalties, fines, expenses, and costs (including reasonable legal fees) arising out of or in connection with:
The User acknowledges that this indemnity obligation will survive the termination or suspension of their account and agrees to cooperate fully with Opal in defending against any claims. Furthermore, the User agrees not to settle or resolve any such claims without Opal's written consent, which shall not be unreasonably withheld. Opal, its affiliates, and representatives shall not be liable for any claims, losses, or damages arising from the User's use of the services, and the User assumes full responsibility for all such claims.
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.
If a User or Driver has a complaint or issue related to the services provided by Opal, they should follow these steps:
The relationship between Opal and the User or Driver is that of an independent contractor. Nothing in these Terms & Conditions shall be construed as creating a partnership, joint venture, employment, or agency relationship between the parties. Opal is merely a platform that facilitates the connection between Users and Drivers for the provision of delivery services.
Opal does not control, manage, or supervise the actions or activities of Drivers, nor does Opal act as a representative, agent, or employer of the User or Driver. Drivers operate as independent contractors and are solely responsible for their conduct, delivery services, and compliance with all applicable laws and regulations. Users and Drivers are responsible for their own contractual relationships and any disputes arising from them.
Neither Opal nor the User or Driver has the authority to bind, represent, or act on behalf of the other party in any manner, except as expressly provided in these Terms & Conditions
These Terms and Conditions, and any dispute arising out of or in connection with the use of Opal's website, mobile application, or services, shall be governed by and construed in accordance with the laws of the Sultanate of Oman, without giving effect to any principles of conflicts.
Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the Opal services shall be exclusively instituted in the courts of the Sultanate of Oman. By using Opal's services, the User or Driver irrevocably submits to the jurisdiction of such courts and waives any objections based on jurisdiction, venue, or inconvenience of the forum.
In the event of any dispute, claim, or disagreement arising from or relating to these Terms and Conditions, the parties shall first attempt to resolve the dispute through amicable negotiation. The User or Driver must contact Opal's customer support team to initiate a resolution discussion within seven (7) days from the date the dispute is raised.
If the dispute cannot be resolved through negotiation within 15 days, the parties agree to resolve the dispute through binding arbitration, rather than through court proceedings. The arbitration shall be conducted under the arbitration laws of Oman and in accordance with the rules of the Oman Arbitration Centre (or another mutually agreed arbitration body).
The arbitration shall be conducted by a single arbitrator, appointed in accordance with the arbitration rules. The place of arbitration shall be Muscat, Oman, and the proceedings shall be conducted in English. The decision rendered by the arbitrator shall be final and binding upon the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.
The parties agree that each shall bear its own costs and expenses related to arbitration, unless the arbitrator awards costs to the prevailing party. The prevailing party in any arbitration shall be entitled to recover its reasonable legal fees and arbitration costs from the non-prevailing party.
Notwithstanding the provisions of this clause, Opal may seek injunctive relief or other urgent equitable remedies from the competent courts of Oman in the event of a violation of these Terms & Conditions or a threat of harm to its interests.