Welcome to Sharek

This page explains our terms of use. When you use Sharek, you’re agreeing to all the rules below. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Sharek, you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy and agreeing to follow any other rules on the Site, like our rules for starting projects. 

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using Sharek after a change, that means you accept the new terms.

What is Sharek?

Sharek is an online platform for crowdfunding that connects applicants that seek to raise funds for their own Campaigns with investors and doners. 

About Creating an Account

You can browse Sharek without registering for an account. But to use some of Sharek’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us must be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account. 

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to (support@sharek.om). 

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. 

Don’t do any of these things on the Site

  1. Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.  
  2. Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent. 
  3. Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Sharek’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. 
  4. Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.   
  5. Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of autoresponder or spam on or through the Site. 
  6. Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Sharek or another party). 
  7. Don’t abuse other users’ personal information. When you use Sharek — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Sharek project: don’t use it for other purposes, and don’t abuse it. 
  8. We also need to make sure that the Site is secure, and our systems function properly. So don’t do any of these things—most of which boil down to “don’t mess with our system.”   
  9. Don’t try to interfere with the proper workings of the Services. 
  10. Don’t bypass any measures we’ve put in place to secure the Services. 
  11. Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Sharek or another party. 
  12. Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)   
  13. Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site. 
  14. Don’t take apart or reverse engineer any aspect of Sharek to access things like source code, underlying ideas, or algorithms.

Sharek’s General Role   

  1. We will operate an orderly, fair transparent crowdfunding platform. 

     

  2. We will ensure the compliance to regulations and supervise all users. 

     

  3. We will properly safeguard the funds during the offer period and shall not withdraw the funds except for the purpose of making:  
    • Payments To the Applicant for Funding, investor or donor.  
    • Payment of operation fees (if any).  
    • Payments directed by the CMA or by any other enforcement agencies as provided under any laws and regulations. 

       

  4. We shall only release the funds raised to the Applicant for Funding when the funding target is reached, or the offer period has ended. A written confirmation is to be provided to the CMA and following conditions must be met to release the funds:  
    1. The targeted amount sought to be raised together with all legal requirements and obligations have been reached. 
    2. There is no material adverse change relating to the offer during the offer period.

       

  5. Sharek is entitled to impose any other additional conditions before releasing the fund, provided that they serve the investors interests. 

     

  6. We will provide an avenue of appeal for users against the decisions we undertake. 

     

  7. We will verify the business proposition of the applicants for funding. 

     

  8. We will conduct background checks on the applicants for funding, its board of directors and senior management to ensure their fit and properness.

  9. We will disclose and display publicly on the platform: 
    •  Information relating to the Applicant for Funding.  
    • Details on how the platform facilitates the investor’s investment including providing communication channels to permit a live discussion about offerings hosted on its platform and the Applicant for Funding. Such discussions/ dialogues shall be available to the public.

       

  10. We will disclose to all the users of the platform if the following events occur:
    • Sharek holds any shares in an applicant’s company or enterprise.  
    • It pays any referrer or introducer, or receives payment in whatever form, including payment in the form of shares, in connection with an Applicant for Funding.  
  11. Sharek provides the platform for creation of Campaigns and interaction of Users. We will continuously take reasonable care to monitor campaigns content and ensure they are in accordance with our internal policies as well as the applicable laws and regulations. However. Sharek does not undertake any duty beyond the requirements set in Decision No. E/153/2021 to investigate or guarantee the truthfulness of any claims made by applicants for funding. You should evaluate a Campaign’s statements before choosing to back the Campaign. 

     

  12. We may remove User Content or cancel Campaigns and refund Contributions at our discretion. Sharek may remove User Content that violates the Terms at its sole discretion. Removing User Content, terminating an account, or cancelling Campaigns and refunding Contributions are not actions We take lightly, and We may take a while to investigate and determine if such actions are warranted. It is at Sharek’s sole discretion whether to discuss the reasons for taking action against any User Content or account. 

     

  13. We do not guarantee Rewards or Refunds. Applicants for funding bear sole responsibility for the delivery of refunds and for the offering of any refunds outside Our Refund Policy. 

     

  14. We do not provide tax or legal advice to Users. Users bear sole responsibility for determining how the applicable laws apply to apply for funding, contributing to a Campaign, or utilizing any of the Services. 

     

  15. We do not become involved in legal disputes between Users. Sharek bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between investors and applicants for funding. 

     

  16. You are responsible for your funding Campaigns, even if you engage our help. Sharek may offer additional services, including helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to applicants. Any such services will be subject to a separate agreement between the applicant and Sharek. Even where we help with your campaign, applicants still bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.

     

How the Crowdfunding works? 

Sharek provides crowdfunding exclusively to commercial companies and enterprises in the following methods:  

  1. Donations without expecting returns.  
  2. Reward Crowdfunding which is funding in return for products or services.  
  3. Equity Crowdfunding which provides funding in return of getting shares (convertible or tradable) in capital. 
  4. Peer to Peer Crowdfunding which is provides funding in consideration of issuing investment notes including invoice financing which are convertible or tradable, which may be converted to equity. 

Funding/Donating on Sharek

  1. All Contributions are made voluntarily and at the sole discretion and risk of the investor/donator.  
  2. Sharek does not guarantee that campaigns will succeed or that the rewards will be delivered or deemed satisfactory. By contributing to a Campaign, you are supporting an early-stage project so you accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its rewards, might not come to fruition.Sharek does not guarantee or represent those investments will be used as promised, that Campaign Owners will deliver rewards, or that the Campaign will achieve its goals. Sharek will take reasonable care to ensure all campaigns practices are in accordance with the crowdfunding regulations through continuous monitoring of campaigns content. However, Sharek undertakes no duty to investigate claims made by Campaign Owners, endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, reward or return on investment, or the truth or accuracy of any User Content posted on the Services beyond its due diligence.The date to deliver a reward is an estimate by the Campaign Owner (not Sharek), and there is no guarantee that the Campaign Owner will fulfill and deliver the reward by that date.   
  3. No transfer of title to tangible personal property occurs through Sharek.  
  4. When you invest/donate to a project, your card will be charged the amount of the Contribution after you confirm and submit your payment information. Credit card charges may apply to this transaction.  
  5. Once you have contributed to a Campaign, the project owners may need to contact you to obtain additional information such as shipping address, specific preferences for a reward (for example, color or size), or may ask for feedback on the Campaign or the reward. In some instances, to receive the reward, you may need to provide requested information within a specific time frame to receive it, not doing so may result in your forfeiting the reward. Campaign Owners should not ask for information that is not required to fulfill a reward, including personal information such as credit card/banking information. Please contact Sharek if you receive a request for information that appears to be excessive.  

Who can Invest on Sharek? 

This platform only accepts the following forms of investors:  

  1. Sophisticated investors that include:  
    • Units of the administrative status of the Government.  
    • Entities licensed by the CMA (Capital Markets Authority) including capital market institutions, companies operating in the field of securities, insurance, and Takaful companies.  
    • Financial institutions licensed by the Central Bank of Oman  
    • Pension funds  
    • A company or investment fund with total assets exceeding1,000,000 OMR (One Million Omani Rial)  
    • individuals with a total of net personal assets or joint assets with his or her spouse exceeding 500,000 OMR (Five Hundred Thousand Omani Rial) or its equivalent, excluding the value of the individual’s primary residence.  
    • Individuals with a gross total annual income not less than RO 30,000 (Thirty Thousand Omani Rial) or its equivalent in the last 12 months. Or an individual jointly with his or her spouse has a gross total annualincome exceeding RO 50,000 (Fifty Thousand Omani Rial) the last 12 months.
  1. Angel Investor that includes:
     
    • Individuals with a total net personal assets exceed RO 300,000 (Three HundredThousand Omani Rial) or its equivalent. 

       

    • (b)Individuals with a gross total annual income is not less than RO 20,000 (Twenty Thousand Omani Rial) or its equivalent in the last12 months. 

       

    • Individuals jointly with his or her spouse, have a gross total annual income exceeding RO 30,000 (Thirty Thousand Omani Rial) or its equivalent in the last 12 months.

       

  2. Retail Investor which is an investor that not an angel or sophisticated investor.

Investors Restrictions and requirements 

As an investor or donor in this platform you should note that the following restrictions apply depending on your investor category, which are in accordance with Decision No. E/153/2021.  

  1. All users are allowed to donate or invest via donations or reward crowdfunding platform any amount providing that it does not exceed the applicants specified funding target.

     

  2. Sophisticated Investors must comply with the following restriction and requirements: 
    • A declaration stating the investor category must be submitted to Sharek.
    • In relation to equity crowdfunding this category has no limit on their investment amount
    • In relation to peer-to-peer crowdfunding this category has no limit on their investment amount.

       

  3. Angel Investors must comply with the following restriction and requirements.
    • A declaration stating the investor category must be submitted to Sharek. 

    • In relation to equity crowdfunding Angel investors have a maximum of RO 100,000 (One Hundred Thousand Omani Rial) to invest within a 12-month period. 

    • In relation to peer-to-peer crowdfunding this category has no limit on their investment amount. 

  4. Retail Investors must comply with the following restriction and requirements.
    • In relation to equity crowdfunding this category has an investment limit that must not exceed RO 3,000 (Three Thousand Omani Rial) per applicant for funding with a total amount that does not exceed RO 20,000 (Twenty Thousand Omani Rial) within a 12-month period.  
    • In relation to peer to peer crowdfunding this category has a maximum of RO 20,000 (Twenty Thousand Omani Rial) at any period of time.  

Sharek’s obligations toward investors

As the operator of this platform, we are obliged by the following rules towards the investor, which are in accordance with Decision No. E/153/2021.  

  1. We shall observe the principles of honesty, integrity, fairness and equality and avoid conflict of interests when carrying out the business and shall not put their personal interests or the interest of third parties above the interest of the users and shall not discriminate and must take into account the precedence of applications and the confidentiality of data and information of applicants.  
  2.  We will Inform investors of any material adverse change to the Applicant for Funding’s proposal such as:  
    • The discovery of a false or misleading statement in any disclosures in relation to the offer. 

    • The discovery of a material omission of information required to be disclosed in relation to the offer. 

    • There is a material change or development in the circumstances relating to the offering or the Applicant for Funding. 

Applicants for Funding Obligations  

  1. Conclude an agreement with Sharek and pay the fees.  
  2. Immediately notify investors if there are obstacles or delays.  
  3. Ensure that all information submitted or disclosed to the Sharek is true and accurate and shall be liable if the contrary is established.  
  4. Respond promptly and truthfully to all questions posed by investors and any questions or requests Sharek makes.  
  5. Provide substantive and quality updates at least once a month to Investors.  
  6. If you have received the reward funding from your Campaign, issue refunds to investors if you cannot deliver rewards.  
  7. Comply with all applicable laws and regulations in the use of funds and delivery of rewards.  
  8. Applicants should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, Sharek may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.  
  9. Respect Privacy. When you use the Services by creating a Campaign, you may receive information about other Users, including personally identifiable information (“PII”), such as names, e-mail addresses, and physical addresses. This information is provided to you only for the purpose of the crowdfunding campaign and may not be used or disclosed for other purposes, including cross-promotional marketing, without separate, verifiable consent from the User obtained independently from Sharek. You will maintain, and be required to produce if requested, records of all such verifiable. 

Applicants for Funding Restrictions  

When you create a crowdfunding campaign, you should be aware that you are entering into legal agreements with the investors and Sharek, so the following rules apply subject to Decision No. E/153/2021. 

  1. Applicants must be a commercial enterprise or company to be eligible for crowdfunding. This excludes Public Joint Stock Companies and companies with no specific business plans.   
  2. Applicants are not entitled to host this campaign in other crowdfunding platforms within the Sultanate of Oman. 
  3. Any funding campaign of a period of less than 12 months can only apply for funding at 100,000 OMR or less. 
  4. Any funding campaign pf a period exceeding 12 months can apply for funding that exceeds 100,000 OMR.

Applicants for Funding Requirements

  1. The Funding proposal must include the following information:  
    • Financial statements issued by a CMA accredited audit company, business plan and Information that explains key characteristics of the business. 

    • Information that explains the purpose of the fundraising and the targeted offering amount, offering period, percentage of the funds raised to the targeted amount, required percentage of acceptance (if any), the potential rewards and risks, and exist investment procedures (if any).

  2. An Applicant that has completed fundraising campaign must ensure that there is effective, transparent, and regular communication with the investors including regular updates on the progress of its business and financial position including the utilization of proceeds from its fundraising exercise. 

Specific Provisions for peer-to-peer crowdfunding

  1. An Applicant for Funding is permitted to keep any amount which was raised through a hosting on the platform provided that the Applicant for Funding must have at least raised eighty (80) percent of the target amount.  
  2. Sharek will carry out a risk assessment on the applicant for funding seeking peer to peer crowdfunding. 

     

Sharek’s Rights 

To operate, we need to be able to maintain control over what happens on our website. So, in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely must. To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, Sharek reserves these rights: 

  1. We can make changes to the Sharek Site operations and policy without notice or liability.   
  2. We can make changes to our policies without notice. Such changes will be uploaded immediately. 
  3. We have the right to decide who’s eligible to use Sharek. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularlysignificant or repeated violations of our Terms or any other rules on the Site, like our rules for starting projects—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Sharek in that jurisdiction. 
  4. We have the right to cancel any pledge to any project, at any time if we found or reasonably suspected that such project is contradicting with applicable laws and regulations and Sharek’s policies.  
  5. We have the right to reject, cancel, interrupt, remove, or suspend any project if we found or reasonably suspected that such project is contradicting with applicable laws and regulations and Sharek’s policies.

Sharek is not liable for any damages as a result of any of these actions.It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.  

 

Other Websites 

If you follow a link to another website, what happens there is between you and them—not us. Sharek may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites. 

Sharek partners with other companies for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service. 

Fees

Creating an account on Sharek is free. If you create a project that reaches its funding target, we collect a 10% fee, and our payment partners will collect the fees.  We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Sharek isn’t responsible for its performance.You’re responsible for paying any additional fees or taxes associated with your use of Sharek.   

Your Intellectual Property 

We don’t own the content you post on Sharek, but we do have your permission to use or copy it however we need. We generally use it to promote projects and showcase our community. Ultimately, you’re responsible for the content you post, and you’re vouching to us that it’s ok to use. 

Sharek doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms: 

We can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote projects and showcase our community on the website. There are many factors that we take into consideration before featuring a project on the homepage or giving it a Project We Love badge. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. In addition to giving some projects a Project We Love badge; we also carefully curate the homepage to highlight great examples of Sharek projects. The projects at thevery top of the homepage typically are best-of-the-best Projects We Love—based on factors such as creative innovation, honesty, and alignment with Sharek’s mission and charter—but we also use algorithms to surface popular projects, projects your friends have backed and launched, and projects recommended just for you. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or based on a user’s prior search terms, browsing history, project backings and other interactions, and Cookies we have collected during their visits to our website. 

When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content. • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Sharek all the license rights outlined here). 

Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Sharek’s hosting of that Content. 

You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Sharek or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. 

You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated. 

We’re not responsible for mistakes in your Content. Sharek will not be liable for any errors or omissions in any Content. 

Sharek’s Intellectual Property 

The content on Sharek is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first. Sharek’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service. 

Sharek grants you a license to reproduce content from the Services for personal use only. This license covers both Sharek’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to 

use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Sharek or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way. 

How We Deal with Copyright Issues 

We comply with the Copyright laws and regulations. To learn more about how we deal with claims of copyright infringement, read our Copyright policy. 

The Copyright law lays out a system of legal requirements for dealing with allegations of copyright infringement. Sharek complies with the mentioned law, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is: 

Sharek 

Attn: Copyright Agent 

Address: 

copyright@sharek.om

Deleting Your Account 

You can delete your account at any time but doing so won’t automatically remove some of the content you’ve already posted. 

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@Sharek.com for additional information or to request project page deletion (this is not available in all circumstances).

Unsolicited Idea Submissions

We appreciate hearing from our users and welcome their comments or suggestions. But ideas that you submit may be similar or identical to internal submissions or submissions received from another Users or third party. When We refer to a “submission” in this paragraph, we mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services, know-how, concepts, suggested changes, additions, or improvements) sent to us via the Site or in any other manner about an existing product, service, or feature on the Sharek platform (“Unsolicited Idea Submission”). If you send us an Unsolicited Idea Submission, you agree as follows:  

  1. All Unsolicited Idea Submissions are non-confidential and non-proprietary and will be treated as such. 

  2. By submitting an Unsolicited Idea Submission, you hereby grant Sharek a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicensable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the Unsolicited Idea Submission, including, without limitation, in connection with the Site or Services, and for promoting and redistributing part or all of the Unsolicited Idea Submission (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting for the Unsolicited Idea Submission and, 

  3. We are under no obligation to evaluate, review, or use any Unsolicited Idea Submission. 

Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties. 

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied. 

SHAREK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SHAREK SHALL CREATE ANY WARRANTY.

Indemnification

If you do something on Sharek that winds up getting us sued, you must help defend us. If you do something that gets us sued or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Sharek. We reserve the right to assume the exclusive defense and control of any matter 

otherwise, subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. 

Limitation of Liability

To the fullest extent permitted by law, in no event will Sharek Platform, its directors, employees, partners, suppliers, or content providers be liable for any direct or indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. 

Dispute Resolution and Governing Law

The Parties Agree that should any dispute regarding any matter on the site arise between them, every effort shall be made by the appropriate management of the respective party to resolve such dispute in good faith. unresolved disputes, if any shall be subject to resolution by arbitration in accordance with the provisions of the international court of arbitration of the international chamber of commerce (“ICC”) and the rules made thereunder. Unless the parties mutually agree upon a sole arbitrator, such arbitration shall be by a panel of three arbitrators, one each to be appointed by the parties and the arbitrators so appointed shall appoint the third arbitrator. The language of the arbitrator shall be English, and the decision of the arbitrators shall be final and binding on the parties. The venue of arbitration shall be the Sultanate of Oman.  

Refund Policy   

The investors and donators will be refunded their contribution amount no later than 5 days to their account wallet after the following events occur: 

  • The crowdfunding campaign is unsuccessful.   
  • The applicant for funding fails to meet the requirements or obligations.   
  • The applicants withdraw their campaign from the platform   
  • The funds raised exceed the target amount (if any).  

Bank transfers must be requested by the user, after the money is refunded to the account wallet.  

System Outages and Maintenance  

The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.  

 

An Agreement Between You and Us  

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page. These Terms and the other material referenced in them are the entire agreement between you and Sharek with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Sharek with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Sharek to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights. 

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Sharek’s prior written consent. Sharek has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Sharek will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.  

 

These Terms of Use Were Last Updated On 11/01/2022