Terms & Conditions

These general terms and conditions (the "Terms & Conditions) govern the use of Infocomm Group LLC (Infocomm) application and access to Infocomm online services (the "Application") and / or (the "Online Services"). Infocomm strongly advices that the person downloading and /or using this Application (the "Customer") shall carefully read these Terms & Conditions before using the Application and/or accessing the Online Services.

Continuing to use this Application, the Customer acknowledges that he/she did read and accept the disclaimer provided below. If the Customer does not accept the legal Disclaimer and/or the Privacy Policy, the Customer should cease using the Application immediately.

Infocomm reserves the right, without providing any prior notice to modify, amend or otherwise update these Term & Conditions from time to time as it deems fit such modifications, amendments or updates shall automatically be deemed part and parcel of these Term & conditions and binding on the Customer.

Without prejudice to the confidentiality obligations provided below, certain features in the Application require ascertaining Customer's information, by using these features Customer consents to such access to his/her info.

It is understood by the Customer that these Terms & Conditions are general in nature and that application, demand, access, or purchase of the services and/or the products available or accessed through the Application are subject to specific terms and conditions (the "Specific Terms & Conditions").

Disclaimer

While Infocomm exerts all reasonable efforts to include accurate and up-to-date information on the Application, the information available on this Application is only for information and makes no warranties or representations as to its accuracy and sufficiency of such information. Services provided through the Application are provided "as is" without any warranties or representations of any kind whether express or implies, arising by law or otherwise including without limitation any implied warranty of merchantability or fitness for a particular purpose or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Liability

Notwithstanding anything to the contrary in these Terms & Conditions, Infocomm shall have no liability for any direct, incidental, special or consequential damages or any loss of revenue or profits arising from or with respect us of Infocomm's Application.

Infocomm shall not be liable to any Customer for any delay in providing or restoring the Application nor for loss or damage(s) and /or any loss of data howsoever caused including without limitation, non-delivery, or any interruption, suspension, or termination of service, or for the content, accuracy or information or resource made available or received or transmitted through the Application.

Infocomm is not responsible for any linked/sites/mobile apps made available in the Application and the Customer understands and acknowledges that any access to such sites is at Customers' own risk.

Payment Rules

Subject to these Terms & Conditions, Infocomm shall be entitled to debit the Customers' credit/debit card account or recover by any other means any amount including any upfront payment due on any of Infocomm Online Services offered through the Application. Customers are required to pay Infocomm all due charges.

Infocomm reserves the right to change, and adjust any price of products and services described on the Application without any prior notification. Customer acknowledges and agrees that the prices may change from time to time.

Customer's credit / debit card information will be dealt with diligently. If a customer opts to store his/her credit/debit card information in the Application for any future transactions, then Customer acknowledges that such information will be stored in a reasonably secured environment as Infocomm and/or the processing bank deem fit.

Product

The ownership of the product offered as part of the Online Services (the "Product") is vest in Infocomm until full payment by the Customer of the purchase price.

The Products basic features are provided in the product description.

When buying a Product, Customer agree that:

He/She is responsible for reading the full Product listing before making commitment to buy
He/She enters into a legally binding contract to purchase a Product

If the Products displayed in the Application are no longer available or not on sale at the time of the transmission of the order form and Infocomm cannot, subsequently, process the purchase order, then Infocomm will inform the Customer accordingly and reimburse the sum already paid.

The Customer shall ensure that the personal information provided during the registration process and at a later stage are complete and truthful.

The Customer is entitled to a refund without incurring any penalty within 15 (Fifteen) days, calculated from the date of receipt of the purchased Product if the service has not be utilized by the customer in partial or in full.

Modification Of Services

Infocomm reserves the right without any prior notice to change, update and/ or amend Infocomm's online services offered or delivered through the Application including discontinuing all or part of the Online Services.

Customers Responsibilities

Customer shall protect the secrecy of the password assigned to him/her at all times and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. Customer shall be fully and solely responsible for and shall bear all charges, losses, and damages arising from any use of his or her/user identification and/or password, howsoever arising.
Customer shall at all times use only his own I.D password for accessing Infocomm Application and Online Services. The Customer should change his/her password from time to time to ensure security. It is the Customer's sole responsibility to immediately notify Infocomm and select a new password if he/she believes that his/her password may have become known to an unauthorized person. Infocomm will have no liability to the Customer for any unauthorized payment or transfer made using his/her password that occurs before the Customer has notified Infocomm of possible unauthorized use and Infocomm has had a reasonable opportunity to act on that notice. Infocomm may suspend or cancel your password even without receiving such notice from the Customer, if Infocomm suspects that the Customer password is being used in an unauthorized or fraudulent manner.
Customer shall, when accessing any other network through the services, comply with the rules appropriate for that network and shall not circumvent any technical measures used in the Application or to provide the Online Services.
Customers are responsible for reading the full product and/or services provided vide the Application before making a commitment to buy and Customer understands that he enters into a legally binding contract to purchase a product or service when he commits to buy such item.
In consideration of Infocomm allowing the Customers access to the Application and Online Services, the Customer agrees:
Not carry out or allow any intellectual property right(s) infringements;
Not to use the Online Services for any illegal, improper, obscene or defamatory purpose or any purpose which is prohibited by law or these Terms & Conditions;
Not to published, post, upload, distribute or disseminate any inappropriate, defamatory, obscene, indecent or unlawful topics, name, material or information;
Not to upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless Customer owns or controls the rights thereto or has received all necessary consents to do the same;
Not to upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Not to use the Application and Online Services in any manner which could damage, disable, overburden, or impair online services or the networks(s) or interfere with any other Party's use and enjoyment of the Online Services;
Not to attempt to gain unauthorized access to the Application or Online Services, other accounts, computer systems or networks connected to any Infocomm online Services through hacking or any other means.

Representation & Warranties

Customer represents and warrants that:

The Customer is the sole beneficial owner of the account used to access the service and verify the Customer's credentials and that he/she has the absolute right, and interest and that no other party has any interest therein;
All information provided by Customer in the application form for applying for Infocomm Online Services through the Application is true and complete;
He /she indemnifies Infocomm in full against all direct or indirect loss, damages, claims, demands, processing, costs and charges howsoever arising out of the Customer's breach of any representation, warranty or undertaking set out in these Terms & Conditions. The provision of this clause shall survive termination of these Terms & Conditions.

Breach by Customer of any warranty or representation entitles Infocomm to terminate all or part of the Online Services made available to that Customer with immediate effect and claim any contractual and statutory damages for such breach. Abusing use of the Application or the Online Services in any way, may, in Infocomm's sole discretion and without limiting other remedies, limit, suspend, or terminate Customer's account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Infocomm may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services. Additionally, Infocomm reserves the right to refuse or terminate our Services to anyone for any reason at its own discretion.

Privacy Policy

Infocomm is committed to protect Customer's privacy. The provisions provided herein to govern privacy forms part of these Terms & Conditions. Infocomm may change its privacy policy from time to time which changes will be effective from the date they are posted in the Application.

Collection, use, retention, disclosure, transfer, security and access of personal data will be in accordance with this Data Collection & Protection Policy (the "Policy") and the applicable laws of Oman. The Policy forms part of these Terms & Conditions which shall conform with Electronic Transaction Law issued vide Royal Decree No. (69/2008) and the Laws of Oman.

It may be necessary for the Customer to provide Infocomm with her/his personal information (Personal Data) when Customers apply to Infocomm Online Services and /or continue to use/order from Infocomm Online Services. If Customer's Personal Data is incomplete or incorrect, Infocomm may not be able to provide or continue to provide its services to Customer.

Customer agrees that her/his Personal Data provided to Infocomm may be used and retained by Infocomm and that Infocomm may disclose and transfer (whether in Oman or Abroad) to Infocomm Agents, contractors, any telecommunication operator, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit provides, banks, financial institutions, Infocomm professional advisers, any other persons under a duty of confidentiality to Infocomm and any of Infocomm's actual or proposed assignees or transferees of Infocomm rights with respect to Infocomm use, disclosure, holding, processing, retaining or transferring such Personal Data for the purpose mentioned above.

Intellectual Property Copyrights and Trademarks

Infocomm is the sole owner of all copyright and other intellectual property rights (Trademarks, patents, etc.) of every elements of the Application. Every element of the Application is protected by copyright. No copy of any element of the Application could be copied or distributed for any purpose without Infocomm's written consent.

The content of the Application is protected by copy right, trademark and other intellectual property rights as applicable.

Infocomm's Customer Contact Center

Customers wanting to discuss any aspect of the Infocomm's Application or Infocomm Online Services can do so by contacting Infocomm on (24151020) or through one of contact methods referred to at (www.ismartsms.net).
Infocomm will endeavor to resolve any complaints in a reasonable and timely manner.

Governing Law & Jurisdiction

These Terms & Conditions are governed by the laws of the Oman any dispute arising out or in connection with These Terms & Conditions shall be submitted to the exclusive jurisdiction of the courts of Oman.