This agreement applies between you, the User of the www.istedafah.com website (the “website”) and Istedafah, Al Najah street, Salalah, Code 211, Sultanate of Oman, (“we,” “us,” “our,” “Istedafah”), the operator of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
The Istedafah Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations/ Properties”) and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Istedafah Platform, and must keep your account information accurate. As the provider of the Istedafah Platform, Istedafah does not own, control, offer or manage any Listings or Host Services. Istedafah is not a party to the contracts entered into directly between Hosts and Guests, nor is Istedafah a real estate broker, travel agency, or insurer. Istedafah is not acting as an agent in any capacity for any Member.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Host Services.
Definitions and Interpretation.
In this Agreement the following terms shall have the following meanings: “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the website; “Service” means collectively any online facilities, tools, services or information that Istedafah makes available through the website either now or in the future; “System” means any online communications infrastructure that Istedafah makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “Host”/ “Hosts” means Users acting as either individual accommodation hosts, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis. “Guest” / “Guests” means Users who have created an account with us and are logged into the account and have booked or are about to book a hosts accommodation offered on the Istedafah website; “User” / “Users” means any third party that accesses the website and is not employed by Istedafah and acting in the course of their employment;
1. Our Mission.
Our mission is to connect people together all around the world, and create a world where you can belong anywhere, to find accommodations from cabins to palaces, to meet new people and learn about new traditions and cultures where you can have new experiences, we want to make travelling affordable and more fun to everyone.
2. Searching and Booking on Istedafah.
2.1 Searching. You can search for Host Services by using criteria like the type of place, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), Nearby services, Offered services by host and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Istedafah Service Fee (section 11), Offline Fees (Section 12), Taxes (Section 8), and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.
3. Payments, Cancellations, Refunds and Booking Modifications.
3.1 Payments. Guest will pay only upon check-in using any payment method chosen by the host.
3.2 Cancellations and Refunds. In general, if as a Guest you cancel a Reservation, the service fees not refunded to you. If the Host cancels the reservation, the service fees not refunded as we have upon completion of your booking fulfilled our contract with you.
3.3 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Istedafah Platform or direct Istedafah customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and always comply with applicable laws. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Istedafah Platform and any Content including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
5. Hosting on Istedafah.
5.1 Host. As a Host, Istedafah offers you the right to use the Istedafah Platform to share your Accommodation, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Istedafah Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms & conditions and at the price specified in your Listing. You are also agreeing to pay applicable Taxes (Section 8) in your country for each booking. Istedafah Payments won’t deduct any amounts you owe from your payout.
5.3 Independence of Hosts. Your relationship with Istedafah is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Istedafah. Istedafah does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. You can create listing for Vacation rent (short term stay below one year) and Annual lease (long term above one year). The Istedafah Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, laundry fees, meals fees and other fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (always including calendar availability) and content (like photos and videos) up-to-date and accurate. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, Vacation rent (short term stay below one year) and/or Annul lease (long term above one year). Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Istedafah Platform except those expressly authorized by our Offline Fees (Section12). Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Istedafah Platform.
6.4 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
6.5 Methods of Payment. You can choose the methods of payment that you want to obtain from the Guest from your account.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Istedafah Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Istedafah Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Istedafah.
7. Payments, Cancellations and Booking Modifications.
7.1 Payments. You will obtain the payment form the Guest directly by any of the payment methods that you have chosen once the Guest reach the accommodation. Istedafah is not responsible of any payment transaction or transfer to you.
7.2 Cancellations. As a host, you should not cancel on a Guest without a valid reason or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fees.
7.3 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Istedafah Platform or direct Istedafah customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes.
9. General Terms.
9.1 Registration on the website is only permitted to those persons who can enter into legally binding contracts. For this reason, the Services may only be used by persons over the age of 18.
9.2 In some areas or features of the Site may be restricted to Guests/Hosts who have created an account with us and are logged into the account. The User is responsible for all activity that occurs under their account and must protect the access for the account. The users shall immediately notify Istedafah of any unauthorized use of the User's account.
9.3 In review, after each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies. Reviews are not verified by Istedafah for accuracy and may be incorrect or misleading.
9.4 Istedafah may make changes to these Terms and Conditions at any time, for example, due to technical changes in business operations, new or modified or discontinued listings or features, and changes in law.
9.6 User may view and obtain information about listings of accommodation ("Accommodation") offered for rent by hosts and other Third Parties on the website. We may also offer other tools or services through which Users may communicate with each other and enter into rental agreements or other transactions.
9.7 The website serves only as a portal where Users can communicate with each other. Rental contracts are concluded solely between Guest and the relevant Host.
9.8 Istedafah is not and will not be a party to any contractual relationship between Guest and the relevant Host, pursuant to its status, is not obligated to act as an intermediary in the event of any dispute between Guest and the relevant Host.
9.9 You acknowledge and agree that the Guest and the relevant Host, are responsible for the performance of obligations under such agreements between the Guest and the relevant Host, that Istedafah is not a party to such agreements, is not acting as an agent, and disclaims any liability under such agreements, even if the booking of accommodation or activities the use of other tools, services or products is facilitated by the Site, as Istedafah is not a party to any rental or other contracts between Guest and the relevant Host. Istedafah is not an organizer or seller of package holidays and, in relation to the distribution of accommodation on websites that are not part of a Istedafah brand, Istedafah is not acting as a seller for the purposes of linked travel services.
9.10 Hosts may be either individual accommodation Hosts, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis. If you enter into a rental/ service agreement with an individual accommodation Host on a consumer-to-consumer basis, please note that consumer protection rules do not apply in relation to your contract with the individual accommodation Host. The Host is solely responsible for deciding whether or not they are acting as a consumer or business and for any statements they make to Guests/Hosts regarding their status.
9.11 Guests/Hosts are responsible for and agree that they will comply with all laws, rules and regulations applicable to their use of the website, any tools, services or products offered on the website, and any transactions entered into between them on or in connection with their use of the website. Guests/Hosts are informed that the design of the listing, the rental of the accommodation or the listed activity and business transactions relating to the rental of accommodation or activity are the responsibility of the Host and that the Host is responsible for compliance with all laws, rules and regulations to that extent. Please note that although we are not a party to any rental or service agreements and, to the extent permitted by law, do not assume any liability for the legal and regulatory compliance of any accommodation or service advertised on the Site, we may in certain circumstances be legally required to provide information relating to listings in order to comply with requests by governmental or regulatory authorities in connection with investigations, litigation or administrative proceedings.
10.1 The prices stated in the offers are determined by the Hosts and transmitted to Istedafah.
10.2 The prices of the offers are understood as final prices for the respective offer. Depending on the user's settings, they correspond to the price per night or price per stay for the selected/displayed period; if applicable, plus selected/booked extra services or binding additional costs payable online or on site. The respective Host is solely responsible for the correct and complete presentation of the prices. Istedafah endeavors to include all costs, however, further costs may be indicated by the Hosts which do not result from the offer itself.
10.3 Istedafah accepts no responsibility for the accuracy of the prices quoted or any other information. Users are required to check the details before booking.
11. Istedafah’s service fees.
Istedafah may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Istedafah Platform. Guests are charged a non-refundable service fee of 6 % based on the listing. Istedafah reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to (Section 15).
12. Offline Fees.
Hosts can’t collect any additional fees or charges outside our platform unless expressly authorized by us which include:
13. Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Istedafah. You agree that we are not obligated to take action in response to any report.
14. Copyright Notifications.
If you believe that Content on the Istedafah Platform infringes copyrights, please notify us in accordance with our Copyright
15.1 You may terminate this agreement at any time by deleting your account. Istedafah may terminate this agreement and your account for any reason immediately and without notice and stop providing access to the Istedafah Platform.
15.2 Istedafah reserves the right to temporarily block user accounts, irrevocably delete them or take other necessary measures if the user violates applicable law and our legal policies.
Istedafah may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Istedafah Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Istedafah Platform will constitute acceptance of the revised Terms.
17. User accounts.
17.1 Some of the services offered on the portal require the creation of a user account.
17.2 Furthermore, a user account is created if the user provides an e-mail address in order to receive separate offers by e-mail and subsequently confirms the sending of the offers.
17.3 The user is responsible for the correctness and completeness of the personal data provided. The user is responsible to both Istedafah and third parties for the use of his/her user account. Therefore, the user shall ensure that his/her user account data is treated confidentially and shall not make it available to third parties. The user is obliged to inform Istedafah of any knowledge or suspicion of unauthorized use of his/her user account.
17.4 The user account can be accessed from any terminal device. For this purpose, the user receives a personal login link by email.
18. Conflict of interest.
18.1 Istedafah at any time and from time to time may engage in and own interests in other business ventures of any and every type and description, independently or with others (including ones in competition with Istedafah) with no obligation to offer to Users/Guests/Hosts the right to participate therein.
18.2 Host agrees not to list any property actively listed on Istedafah on another platform, listing site, directory or otherwise, at a lower price than on Istedafah and in direct competition with Istedafah throughout the term of this agreement.
19. Booking and Reservations.
19.1 Each reservation is passed on to the respective Host via Istedafah as a declaratory messenger on behalf of the Guest. For the smooth processing of the booking, it is therefore necessary that the data provided by the Guest (e.g., Accommodation data, contact data) are correct and complete.
19.2 Depending on the type of reservation made, the last possible time for check-in by the Guest at the accommodation or activity varies. The different reservation options are presented during the booking process and selected by the Guest on this basis. If a time limit for check-in is specified for the selected reservation type, the reservation is cancelled in the event of late arrival or no show. Thereafter, a claim to accommodation or activity no longer exists.
19.3 When Guest makes a reservation, Istedafah will hold information of credit/debit card until the Host makes an action regarding the booking.
19.4 If the booking is accepted and confirmed by the Host, only the service fees will be charged. If a Host rejected your reservation, nothing will be charged from your credit/debit card.
19.5 No information of credit/debit card will be in hold after the action of the Host.
19.6 Your credit/debit card guarantees the payment of all costs incurred for the booked Accommodation to the respective Host.
20. Istedafah’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our members have great experiences using Istedafah, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Istedafah has the right, but does not have any obligation, to monitor the use of the Istedafah Platform and verify information provided by our members.
21. Rights and Obligations of Istedafah.
21.1 Istedafah will endeavor to reproduce as accurate as possible the photographs submitted by the Host on the website. However, the Guest is aware that scanning of non-digital images and individual screen settings may result in variations from the original image and Istedafah accepts no responsibility or liability for any such variations.
21.2 You further acknowledge that the Hosts - and not Istedafah - are responsible (to the extent permitted by law) for the accuracy with which the photographs and descriptions describe the relevant Accommodation.
21.3 It is difficult to verify the identity of individuals on the internet. We therefore cannot and will not accept responsibility for ensuring that another user is in fact the person indicated by that user. We recommend that Guests/Hosts communicate directly via the tools available on our website, although again we cannot guarantee that the person you are communicating with is the one indicated in the profile. In addition, we recommend that Guests/Hosts take steps themselves to identify the host and verify the Accommodation and the accuracy of the relevant content of your booking or proposed booking. You agree to (i) protect and keep secret your access details and online usernames for your account and email address and only disclose them to authorised users of your accounts; (ii) require all persons to whom you entrust your access details and online usernames not to disclose them to unauthorized persons; (iii) notify us immediately if you become aware that your account with us has come to the attention of an unauthorized person; and (iv) notify us immediately if an unauthorized person asks you for your access details and online username.
21.4 If we suspect that unauthorized access to your account is taking place or has taken place, you agree, upon our request, to immediately change your username and access details and to take such other reasonable steps as we may reasonably request of you.
21.5 We strongly discourage you from allowing anyone else to access your online username and access details for your account with us and your email account. If you disclose your online username and access details to any other person, or if you have not taken reasonable steps to prevent the disclosure of such information, you will be responsible for all transactions completed through your account with us and/or your email account, even if such transactions were completed fraudulently or were not requested by you. Istedafah cannot accept any liability for such transactions.
21.6 You acknowledge that Istedafah is not responsible for verifying the identity, conduct of any Host or for verifying the existence, nature, or condition of the relevant Accommodation.
21.7 Istedafah may, if necessary (including to prevent fraudulent conduct by a third party and in the event of a complaint, claim or potential litigation), disclose a reasonable portion of the Guests/Hosts personal data to any relevant third party who has requested such data by means of a letter from their legal representative, through a competent authority or a court order, subpoena, or injunction.
21.8 Istedafah reserves the right to assign these Terms and Conditions and to assign or sub-contract some or all of its rights and obligations under these Terms and Conditions to any third party or other legal entity within the Istedafah, provided that this does not affect the rights granted to you under these Terms and Conditions.
22. Member Accounts.
You must register an account to access and use many features of the Istedafah Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Istedafah Platform under the laws of Sultanate of Oman, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Istedafah if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
23. Accounts And Communications.
Guests/Hosts may only provide accurate and truthful information about their identity, including their country of residence, in connection with their accounts and profile pages and other communications on the Site. This also applies to the rating of Accommodation. Istedafah cannot be held responsible for incorrect information about the property, host and guest. Communications sent through Istedafah's systems must only relate to genuine booking requests. We will not tolerate spam or unsolicited commercial electronic communications. Misuse of Istedafah's systems, such as unsolicited commercial communications (spam) or the disclosure of users' personal data to third parties, is prohibited unless you have the user's express consent to do so.
24. Liability of Istedafah.
24.1 The website merely provides a marketplace where you can view Accommodation, contact Hosts in relation to enquiries or any questions you may have or make bookings for Accommodation. We do not, to the extent permitted by law, accept any liability in connection with any contract you enter into with a Host or for any accommodation you rent or activity you book, except to the extent that we collect tax information and/or levy residence tax on behalf of the Host.
24.2 In addition, to the extent permitted by law, we do not accept any liability for the acts or omissions of Hosts or any other person or party connected with the Accommodation. The contract for all Accommodation is with the Host. His/her terms and conditions will apply to your booking. Such terms and conditions may limit and/or exclude the liability of Hosts to you. You are therefore advised to read them carefully before booking.
24.3 We do not provide liability insurance for Hosts or Guests/Hosts. This applies regardless of whether a user takes out insurance cover through one of our third-party Hosts. Guests/Hosts are advised to take out appropriate travel insurance to cover the booking, including in the event that the booking has to be cancelled. Guests/Hosts must ensure that the insurance cover is sufficient and appropriate for their particular needs.
24.4 Istedafah shall not be liable, to the fullest extent permitted by law, for any claim, cause of action, recovery, loss, damage, fine, penalty or other cost or expense of any kind, including reasonable legal costs ("Claims"), brought or incurred by any third party in connection with (a) any material or content you provide to the website; (b) your use of any content on the website; (c) any breach by you of these Terms and Conditions; or (d) your use of the Accommodation; (e) any accidents and incidents that happens on or in the property and without limitations including to Loss of life, burns, scalds and cuts, Slips, trips and falls, failure to comply with gas, water, electrical, fire safety, violence and abuse, inappropriate videotaping, drowning, abduction. Istedafah will promptly notify you of any such claim. If you are dissatisfied with Istedafah's website or systems or do not agree with any part of these Terms and Conditions, your sole and exclusive remedy against Istedafah is to discontinue using the Site.
24.5 Furthermore, the above exclusions and limitations do not apply to Istedafah's breach of material contractual obligations of providing the website to you (cardinal obligations). In the event of a breach of cardinal obligations, Istedafah shall only be liable for the damage typical of the contract and foreseeable at the time of the conclusion of the contract. The exclusions or limitations also do not apply in the case of damage caused intentionally or by gross negligence, fraud or fraudulent misrepresentation of Istedafah and claims arising from statutory guaranteed liability and guarantees expressly granted by Istedafah. Otherwise, liability for damages caused by slight negligence is excluded.
25. Intellectual Property.
25.1 All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Istedafah, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable International intellectual property and other relevant laws.
25.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website and app unless otherwise indicated on the website or unless given express written permission to do so by Istedafah.
26. Links to Other websites.
The website may contain links to other sites. Unless expressly stated, these sites are not under the control of Istedafah or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the website does not imply any endorsement of the sites themselves or of those in control of them.
28. Disclaimer of Warranties.
28.1 We provide the Istedafah Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Istedafah Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Istedafah has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
28.2 Istedafah makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
28.3 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
29. Availability of the website.
29.1 The website is provided “as is” and on an “as available” basis. We give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
29.2 Istedafah accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
30. No Waiver.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
31. Previous Terms and Conditions.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
33. Law and Jurisdiction.
These terms and conditions and the relationship between you and Istedafah shall be governed by and construed in accordance with the Law of Sultanate of Oman.