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Please read these terms and conditions of service ("Terms" Terms of Services) carefully before using Awan Gas Mobile Application “Awan Gas” and/or Awan Gas Driver Mobile Application “Awan Gas Driver”.
The acceptance of the following terms and conditions will form a contract ("Contract") between you and Awan LCC that governs your access and use of the “Awan Gas” and/or “Awan Gas Driver” services, which shall comprise (together the "Service"):
The Subscribers, Clients and/or Buyers access to and use of the Service is conditional upon on your acceptance of and compliance with these Terms.
By accessing or using the Service of “Awan Gas” and/or “Awan Gas Driver” Application, you agree to be bound by these Terms. Your disagreement or unacceptance of the Terms and Conditions outlined below will prohibit you from any services provided by “Awan Gas” and/or “Awan Gas Driver”.
1. Key Terms
1.1 Services
The Service Provider “Awan LLC” shall provide the following Services to the “Subscriber” “Client” or “Buyer” in accordance with the terms and conditions of this Agreement:
Awan LLC hereby agrees to develop mobile application to provide a service that enable Subscribers, Clients or Buyers to purchase LPG gas with ease using the “Awan Gas” Application. Moreover it provides its subscribers, clients or buyers who are authorized sellers of LPG cylinders with a platform to receive orders for LPG cylinders through the “Awan Gas Driver” Application
1.2 Free Trial
You may be eligible to use our services as a free trial for specific time period only upon to our acceptance “Awan LLC” and subject to the Terms of this Agreement. If the Free Trial feature has been granted to you, Awan LLC will make all or some Services available to you on a trial basis free of charge until the end of The buyer/subscriber free trial, a notice of the end of Free Trial will be issued to The buyer/subscriber 1 month prior to the Free Trial’s termination date.
1.3 Subscriber, Client or Buyer
The term “Subscriber”, “Client” or “Buyer”, wherever it appears in this agreement, refers to the person/persons who gain access/use for using “Awan Gas” and/or “Awan Gas Driver” Applications.
1.4 Payment
Unless otherwise agreed by Awan LLC, the fees applicable for the Service specified in the packages Form in our Mobile Application “Awan Gas” and/or “Awan Gas Driver” Applications, The service will be delivered upon the approval of the payment.
The Service provider “Awan LCC” shall invoice the Buyer through Awan Gas and/or Awan Gas Driver Application, which will include the details of the purchase.
In addition to the LPG cylinder packages described within the platform, services provided include a convenience fee for the online service and delivery.
The payment method will be specified on the “Awan Gas” and/or “Awan Gas Driver” Application.
1.5 Cancellation, Refund and Return policy
Cancellation: Cancellation of an Order (New Cylinder or Gas Refill) can only be done for orders made for cash payments. Order (New Cylinder or Gas Refill) cancellation will not be possible for Card Payment orders, for card payments only rescheduling of delivery will be possible. Order (New Cylinder or Gas Refill) cancellation will not be possible once the Order (New Cylinder or Gas Refill) has been delivered.
Refund: Refund will not be possible for any order (New Cylinder or Gas Refill).
Return: Return of an Order (New Cylinder or Gas Refill) will be possible for a leaking New Cylinder or Gas Refill; this Return can only be done within 10 days. The returned Order (New Cylinder or Gas Refill) will be replaced free of charge with an order (New Cylinder or Gas Refill) of a similar value.
1.6 Delivery policy
Delivery: All order delivery is subject to product availability. The time & speed of delivery for your order may vary due to availability of drivers. Delivery of product will be delivered as soon as possible.
The customer gives his consent to receive the order. Moreover the customer gives his consent to share the desired delivery location.
Customer is responsible for receiving the product. Moreover it is the responsibility of the customer to give the confirmation of successful delivery code to the driver.
2. Parties liabilities.
1. The Client agrees to the following:
1.1 Provide needed data, in the required format, to complete the Member Profile for the purpose of listing the Member on the Platform in a timely fashion.
1.2 The Client/Buyer agrees to confirm the completion of a transaction via a confirmation code provided through the platform
2. Awan LCC agrees to the following:
2.1 Enlist the Client as part of the Platform allowing for the commencement of its operation and exposing the Client to the online network of LPG customers and/or LPG delivery drivers.
2.2 Replacement of leaking cylinders will be provided free of charge if the leaking cylinder is reported in the first 10 days of purchase.
3. Restrictions on use.
The Client of “Awan Gas”/”Awan Gas Driver” will not sell, resell, distribute, lease, transfer, modify, copy, delete or allow any other uncontracted member to make any commercial use of the Service.
Failure to comply with this term will lead to the termination of this agreement.
“Awan LLC” maintains the right to terminate the subscription of the Service at any time without notice.
4. Intellectual Property Rights
“Awan LLC” reserves all right of intellectual property. The term “Intellectual Property Rights” means all copyrights, patents, trademarks, trade secrets, information contained therein, information related thereto, together with the mobile App Software, the designs and other intellectual property rights. No title to, or ownership of, any proprietary rights related to the Services is transferred to the Client pursuant to these Terms.
The Client acknowledges that all intellectual property rights embodied in the Services and any bespoke development shall be, and shall remain, the sole property of Awan LCC.
If the buyer, subscriber and/or client, believe that any of the intellectual property rights has been infringed, then you must contact “Awan LLC” immediately.
5. Disclaimer of Warranties
The Services and any included application is provided by “Awan LLC” without warranties, express or implied, or condition of any kind. “Awan LLC” and its officers, directors, employees and licensors make no warranty, either express or implied, as to the accuracy, availability, completeness, usefulness, security, reliability, interoperability, virus free, your device compatibility or the service will meet your expectations at all. You use the service at your own risk.
6. Limitation of Liability
To the maximum extent allowed by the applicable law, the liability of “Awan LLC” or any of its officers, directors or employees for monetary damages for any claims, that you may have under these terms are limited to no more than the proportionate amount of the Service charges. Under no circumstances is “Awan LLC”, its officers, directors or employees liable for any incidental, consequential, punitive, multiple, lost data, lost profit, reputation damages, direct or indirect arising out of or related to the use of the Service.
7. Change of the Terms
“Awan LLC” reserves the right to amend or modify this agreement or any additional obligation assumed by the Service provider in connection with this agreement. The Client will be notified 30 days before any modifications or amendments of these agreements, the notice will be issued in the Buyer bill, email or working mail address. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes, if the Client decides not to comply with new changes, you may cancel or terminate this agreement within 15 days of the receipt of the change of term notice. Subject to Term 5, Awan LLC will not be liable of any damages, direct or indirect, arising out of the change of its Terms.
8. Confidentiality
8.1 Confidential information refers to data or information relating to the Service of “Awan Gas” and/or “Awan Gas Driver” applications including, but not limited to, Clients information and records, any photos attached, client’s address details or any business records between the Awan LLC and the Client of its Service.
8.2 The Buyer of the Service agrees that they will not disclose, reveal, report, or use, for any purpose, any Confidential Information which the Client has obtained, except as authorized by Awan LLC.
8.3 Failure to comply with this term, whether the Confidential Information is disclosed before or after the date of this agreement, will be subject to termination of the whole agreement, the infringed client will liable for any damages arising out by breaching this term.
edges that if access to the Services is suspended or terminated, the Client may no longer have access to the content that is stored with the Services.
10. Update to the Service
Awan LLC occasionally, in its sole discretion, may make unscheduled deployments of software changes, updates or enhancements to the Service. Awan LLC reserves the right to make such updates upon acknowledgment of the Client. Awan LLC may temporarily suspend the access to Service to make any updates and it will not be liable for any damages arising out of such suspension. Upon the agreement of both parties, the Client may be entitled to monetary remedies or refunds if the Client can no longer sue the Service after such update are made and subject to Term 5 of this Agreement.
11. Disputes
In the event of a dispute arising out of or in connection with this Agreement, the both parties will attempt to resolve the dispute through amicable settlement.
If the dispute is not resolved through friendly consultation within a reasonable period of time, then any or all outstanding issues may be submitted to Arbitration in accordance with Omani Statutory Rules of Arbitration. If Arbitration is not available or waived by mutual agreement of both parties, the dispute may be brought before Omani Courts.
12. Jurisdiction and Applicable law
This Agreement and any other contractual relationship between all parties, the Service Provider “Awan LLC” and the Client, shall be governed and construed in accordance with the substantive laws of the Sultanate of Oman. Without regards to the Principles of Private International Law. Any suit under this agreement will be brought before the Courts of the Sultanate of Oman.