OHB–eBinaa Platform Terms of Use

1. Definitions and interpretation

“Applicable Law” means the laws of the Sultanate of Oman and binding regulations, decisions, circulars, standards and directions of competent authorities, as amended. “Bank” means Oman Housing Bank.

“Customer” means the individual applying for or receiving financing and using the Platform for a residential construction project. “Contractor”, “Consultant” and “Developer” mean the participants appointed or engaged under the relevant underlying agreements. “Project” means the residential construction project recorded on the Platform. “User” means any authorised Customer, Contractor, Consultant, Developer, Bank user, Operator personnel or other approved participant.

“Platform Record” includes any data, document, message, timestamp, acknowledgement, workflow status, image, drawing, certificate, invoice, instruction, approval or audit trail generated, submitted or retained through the Platform. References to writing include electronic records and communications to the extent recognised by Applicable Law.

2. Platform role and important limitations

The Platform is a digital facilitation, coordination and record-management channel. Unless expressly stated in a separate written agreement, the Operator is not the builder, engineering consultant, architect, developer, seller, lender, payment agent, escrow agent, insurer, guarantor or representative of any User.

Registration, listing, workflow progression, automated validation, status display, document acceptance or communication through the Platform does not constitute: (a) credit or financing approval; (b) endorsement of any participant; (c) certification of design, quality, safety, quantity, value, legal title or regulatory compliance; (d) approval of a payment or variation; or (e) a warranty that a Project will be completed on time, within budget or free from defects.

Professional, technical, legal, financial and regulatory decisions remain the responsibility of the person legally or contractually required to make them. No Platform feature replaces inspection, professional judgment, governmental permit, bank approval or formal documentation required by Applicable Law.

3. Eligibility, registration and account security

A User must have legal capacity and all licences, registrations, approvals, insurance, authority and qualifications required for its role. The Operator may verify identity, authority, licences, sanctions status and other onboarding information and may request updated evidence at any time.

Each User shall provide complete, accurate and current information; maintain only authorised accounts; protect credentials and authentication devices; use multi-factor authentication where required; immediately report suspected compromise or unauthorised activity; and ensure that its authorised personnel comply with these Terms. Accounts are personal to the authorised user and may not be shared.

The Operator may reject, condition, suspend or terminate registration where information is incomplete or misleading, authority or licensing is absent or expired, security is compromised, Applicable Law or these Terms may be breached, or continued access may expose any person or system to material risk.

4. Common obligations of all Users

Each User shall use the Platform lawfully, honestly, professionally and only for the relevant Project and authorised purpose. Users shall not upload unlawful, false, misleading, defamatory, infringing, malicious or unnecessary content; impersonate another person; interfere with security or availability; scrape, reverse engineer or commercially exploit the Platform; introduce malware; bypass controls; or use Project or personal data for marketing or any unrelated purpose.

Users shall check documents and entries before submission, keep originals where required, respond within applicable timelines, cooperate with authorised audits and investigations, correct errors promptly and comply with record-retention, confidentiality, cybersecurity, health and safety, anti-bribery, anti-money laundering and consumer-protection requirements applicable to them.

A User remains responsible for its own acts, omissions, personnel, subcontractors and representatives. The Platform audit trail may evidence submission, access, acknowledgement and workflow events, but does not by itself prove the technical or legal accuracy of the content submitted.

5. Customer rights

Subject to Applicable Law and the relevant underlying agreements, the Customer is entitled through the Platform to: access clear information about available Platform functions and the status of the journey; review and download documents made available to the Customer; receive notifications and requests; submit documents, queries and complaints; view identified Project participants and their stated roles; receive information on material Platform fees, if any, before incurring them; request correction of inaccurate account information; and exercise applicable personal-data rights.

The Customer may obtain reasonable assistance for Platform accessibility and use through support channel. The Customer retains all mandatory consumer rights and remedies, which are not excluded or restricted by these Terms.

6. Customer obligations

The Customer shall provide accurate identity, contact, income, ownership, land, financing and Project information; disclose material changes; submit genuine and current documents; review Project information and professional certifications; and make decisions independently or with appropriate professional advice.

The Customer shall comply with the financing agreement and relevant Project contracts; obtain and maintain required permits, consents and insurance where allocated to the Customer; provide timely access to the site where required; avoid direct instructions that alter scope, cost or time except through the approved contractual process; and pay only through approved channels against properly authorised claims.

The Customer shall not treat Platform estimates, indicative budgets, eligibility outputs or automated messages as a binding financing offer or professional advice. The Customer must immediately report suspected fraud, duplicate claims, unsafe work, unauthorised variations, inaccurate milestones, disputes and misuse of the Customer’s data or account.

7. Contractor rights

Subject to its construction contract and authorisation, the Contractor may access the Project information reasonably required for performance; submit programmes, progress updates, photographs, invoices, milestone claims, variations, completion documents and responses; receive workflow notifications; communicate with authorised participants; and raise documented queries, objections or complaints.

No rejection, delay or status shown on the Platform waives the Contractor’s rights under its construction contract or Applicable Law. The Contractor may request correction of an inaccurate Platform status and may preserve a contractual claim through the approved notice procedure.

8. Contractor obligations

The Contractor shall at all times maintain the commercial registration, municipal classification, permits, professional qualifications, workforce authorisations and insurance required for the work. It shall perform in accordance with Applicable Law, approved drawings, specifications, permits, safety requirements, the construction contract and lawful Consultant instructions.

Every submission must be genuine, complete, accurate, timely and attributable to the correct Project. Progress photographs and milestone claims must accurately reflect actual site conditions; invoices must not be duplicated or inflated; variations must be documented and approved through the applicable contractual process before execution, except for genuine emergencies handled under the contract.

The Contractor shall protect the site and Customer information; restrict access to authorised personnel; ensure subcontractors comply with confidentiality and data-protection requirements; rectify defects for which it is responsible; maintain supporting records; and cooperate with inspections. A Platform acknowledgement is not a certification, acceptance of work, payment entitlement or release from defect liability.

9. Consultant rights

Subject to the consultancy agreement and authorisation, the Consultant may access relevant drawings, submissions, site records and communications; request information; issue professional comments, inspection outcomes, certifications and recommendations; reject incomplete or non-compliant submissions with reasons; and record reservations, limitations and conflicts through the Platform.

The Consultant is entitled to professional independence. No User may require the Consultant to certify work, value, time or compliance contrary to the Consultant’s professional judgment, Applicable Law or the consultancy agreement.

10. Consultant obligations

The Consultant shall maintain all required professional registrations, licences, insurances and qualified personnel; act independently, impartially where certification requires it, diligently and within the scope of appointment; avoid and disclose conflicts of interest; and comply with applicable engineering, architectural, municipal, safety and professional standards.

The Consultant shall conduct the inspections required by its appointment and shall not rely solely on photographs, automated outputs or unverified Contractor submissions where a physical inspection or professional verification is required. Certifications must be accurate, reasoned, supported by records and limited to matters actually inspected or verified.

The Consultant shall promptly identify material defects, unsafe conditions, deviations, suspected fraud, delays and unapproved variations; maintain inspection and design records; protect personal and confidential information; and correct any erroneous Platform entry without prejudice to an appropriate audit trail. Platform use does not reduce the Consultant’s professional duty or liability under Applicable Law or the consultancy agreement.

11. Developer rights

Where a Developer participates in the journey, it may access Project and Customer information necessary for the approved development or sale workflow; upload title, master-plan, infrastructure, handover, warranty and other authorised documents; receive notifications; respond to Customer, Consultant and Bank requests; and submit claims or confirmations permitted by the relevant agreement.

The Developer may protect its legitimate confidential information and intellectual property, subject to providing all disclosures and documents required by Applicable Law, the relevant agreement and approved financing process.

12. Developer obligations

The Developer shall maintain all commercial, real-estate, planning, municipal and other authorisations required for its role; ensure that its Platform statements, approvals, title and project information, plans, specifications, prices, completion status and handover records are accurate and not misleading; and disclose material restrictions, encumbrances, delays, changes and risks as required by law or contract.

The Developer shall comply with the relevant development, sale, reservation, escrow and consumer-protection requirements; use Customer funds only through legally approved arrangements; deliver infrastructure, common works and handover documents as agreed; honour applicable defect and warranty obligations; and ensure its personnel, agents and contractors protect Platform and personal data.

A Developer shall not market a Project or unit through the Platform without required approvals, represent that financing is guaranteed, alter approved Project information without proper notice, or use Platform access to solicit Customers for unrelated products.

13. Bank and financing process

The Bank independently assesses eligibility, affordability, credit risk, security, disbursement and compliance under Applicable Law and its approved policies. Platform registration, pre-screening, indicative calculations or document submission does not oblige the Bank to offer, approve, maintain or disburse financing.

Disbursements remain subject to the financing documents, verified milestones, satisfactory security, required approvals, absence of default and other applicable conditions. Platform status does not override the Bank’s records or legal rights. Nothing in these Terms authorises a Contractor, Consultant, Developer or Operator to bind the Bank.

14. Documents, communications and electronic records

Users consent to receiving Project and Platform communications electronically through registered channels. A notice is deemed received when made available in the User’s account and an electronic alert is sent, unless Applicable Law or an underlying agreement requires a different method. Formal default, termination, legal or court notices must follow the method required by the relevant agreement or law.

Users shall verify recipients before upload. The Operator may apply file-type, size, malware, naming and retention controls. Electronic signatures, acknowledgements and records may be used to the extent permitted by Applicable Law; however, the Operator may require wet-ink, notarised, registered or original documents where legally or operationally necessary.

The Platform audit trail and time records are prima facie evidence of Platform events, subject to proof of manifest error, system malfunction, fraud or contrary evidence. Users must not alter, delete or conceal records required for an active Project, complaint, audit, investigation or dispute.

15. Payments and financial information

The Platform may display, initiate or route payment-related information only through approved functions. Unless expressly appointed under a separate regulated arrangement, the Operator does not receive or hold construction, financing or escrow funds. Users must verify beneficiary details and payment status through approved Bank channels.

A displayed milestone, certificate, invoice or “approved” workflow status does not by itself create an unconditional payment obligation. Payments remain subject to the relevant contract, financing conditions, set-off rights, statutory deductions, dispute rights and fraud controls. Users must report any suspected payment diversion or changed bank details immediately and independently verify such changes.

16. Personal data protection

Personal data shall be processed in accordance with the Oman Personal Data Protection Law, its Executive Regulation and other Applicable Law. The applicable Privacy Notice identifies the controller, purposes, lawful basis or consent where required, data categories, recipients, transfers, retention, security measures, data-subject rights and complaint channels. These Terms must be read with that notice.

Each participant shall access and process only the personal data necessary for its authorised role and Project, use it only for the disclosed purpose, ensure confidentiality and accuracy, apply appropriate technical and organisational safeguards, retain it only as required, and securely delete or return it when required. No participant may independently reuse data for marketing, profiling or unrelated analytics without a valid legal basis and required notices or consents.

Where a User processes personal data for another party, the parties shall enter into any required data-processing terms. A User must notify the Operator immediately, and in any event within [24] hours, of any actual or suspected loss, unauthorised access, disclosure, alteration, cyber incident or rights request relating to Platform data, and must cooperate with assessment, containment, notification and remediation.

Cross-border transfers may occur only where permitted by Applicable Law and subject to required safeguards and approvals. Children’s data and other data subject to enhanced protection shall not be submitted unless necessary, lawful and appropriately protected. Consent may be withdrawn where consent is the basis, without affecting prior lawful processing or processing required on another lawful basis.

17. Confidentiality and permitted disclosure

Each User shall keep confidential all non-public Project, Customer, commercial, technical and security information accessed through the Platform and disclose it only to authorised persons who need it for the relevant Project and are bound by equivalent duties. Confidentiality does not apply to information lawfully public, independently developed, already lawfully held, or required to be disclosed by law or a competent authority.

Before any compelled disclosure, the recipient shall, where legally permitted, notify the information owner and limit disclosure to what is required. Confidentiality survives account closure and Project completion for the period required by Applicable Law and the relevant underlying agreement.

18. Intellectual property and user content

The Operator or its licensors retain all rights in the Platform, software, interface, workflows, branding, documentation and aggregated non-identifying analytics. No ownership is transferred to a User. A limited, revocable, non-exclusive and non-transferable right is granted to use the Platform for the authorised Project during the applicable access period.

Each User retains ownership of content it lawfully owns and grants the Operator a limited licence to host, copy, process, transmit, display, back up and retain that content only to operate, secure, support and evidence the Platform and comply with law. The User warrants that it has authority to submit the content and that its use will not infringe third-party rights.

Project designs, drawings, specifications and reports remain subject to the intellectual-property provisions of the relevant professional or Project agreement. Platform access does not grant a right to reuse them for another project.

19. Availability, cybersecurity and support

The Operator will apply reasonable and appropriate measures to protect and operate the Platform, but does not warrant uninterrupted, error-free or universally compatible service. Planned maintenance, urgent security action, telecommunications failure, force majeure and third-party dependency may affect availability. Material planned outages will be notified where reasonably practicable.

Users shall maintain compatible devices, lawful software, secure networks and backups of essential records. The Operator may monitor security events, block files, reset credentials, restrict functions and suspend access to protect Users, data or systems. Security and support incidents must be reported to [contact / telephone / email].

20. Monitoring, moderation and suspension

The Operator may review Platform activity and content to administer workflows, provide support, detect fraud, protect cybersecurity, investigate complaints and comply with law. This does not create a general duty to supervise construction or verify every submission.

Access may be restricted or suspended immediately where reasonably necessary for security, suspected fraud, unlawful conduct, material breach, expired authority or licence, non-payment of applicable Platform fees, investigation, court or regulatory direction, or risk to a Project or person. Where appropriate and lawful, the Operator will give notice, reasons and an opportunity to remedy. Suspension does not waive accrued rights or obligations under any underlying agreement.

21. Liability allocation

Each User is responsible for loss, damage, delay, claim, cost or regulatory consequence caused by its breach, negligence, wilful misconduct, fraud, inaccurate submission, unauthorised instruction, infringement, data misuse, personnel or subcontractors. No party is released from liability imposed by mandatory law or its underlying agreement merely because an act or record passed through the Platform.

To the maximum extent permitted by Applicable Law, the Operator is not liable for construction defects, professional advice, design errors, site safety, land or title matters, participant performance, financing decisions, payment disputes, indirect loss, loss of profit, or third-party systems, except to the extent directly caused by the Operator’s own breach, negligence, wilful misconduct or violation of law.

Nothing excludes or limits liability that cannot lawfully be excluded, including liability for fraud, wilful misconduct, death or personal injury caused by negligence where applicable, or breach of mandatory personal-data or consumer-protection obligations. Any agreed financial cap applicable to the Operator must be inserted only after legal and commercial approval

22. Indemnity

Subject to Applicable Law, each business User shall indemnify the Operator, Bank and other affected Users against third-party claims, regulatory penalties to the extent lawfully indemnifiable, and reasonable direct costs arising from that User’s fraud, wilful misconduct, material breach, unlawful content, infringement, unauthorised data processing, or acts of its personnel or subcontractors. The indemnified party shall notify the claim, permit reasonable participation in the defence and mitigate loss.

No indemnity gives a non-party rights or protections under an underlying agreement unless that agreement expressly and lawfully provides so. This clause does not require a consumer to waive mandatory rights or indemnify a party for that party’s own negligence or unlawful conduct.

23. Complaints and disputes

A User may submit a Platform complaint through the right channel. The Operator will acknowledge, investigate and respond under its approved complaints procedure. Project, construction, professional, development and financing complaints may be referred to the participant responsible for the subject matter, without limiting the complainant’s rights.

If unresolved, a User may approach the competent authority, including the Central Bank of Oman for an applicable banking complaint, the Consumer Protection Authority for an applicable consumer complaint, the Ministry of Housing and Urban Planning or municipality for matters within their competence, and the authority responsible for personal data protection for applicable privacy complaints, subject to the prescribed procedure.

Disputes arising solely from these Terms shall first be discussed in good faith for [15] Business Days. Unless mandatory law or an applicable underlying agreement provides otherwise, the courts of the Sultanate of Oman shall have jurisdiction. This clause does not prevent urgent interim relief or use of a mandatory statutory complaint process.

24. Term, termination and consequences

These Terms apply from acceptance until the User’s account is closed or terminated. A User may request closure when no active obligation, retention requirement, investigation or dispute requires continued access. The Operator may terminate access for material or repeated breach, loss of eligibility, unlawful use, Project completion, discontinuation of the service or as required by law.

Termination does not terminate an underlying agreement, cancel accrued obligations or delete records that must be retained. The Operator may provide a reasonable export opportunity where practicable and lawful. Clauses concerning records, confidentiality, intellectual property, personal data, liability, disputes and accrued rights survive as necessary.

25. Changes to the Platform and these Terms

The Operator may update functions or these Terms for legal, regulatory, security, operational or service reasons. Material changes will be notified in advance where reasonably practicable, stating the effective date. Where Applicable Law requires renewed consent, it will be obtained. Continued use after the effective date constitutes acceptance only to the extent lawful.

A change to these Terms does not amend an underlying agreement unless that agreement is amended through its required process. The current version and an effective-date record will be made available through the Platform.

26. General provisions

A User may not assign its Platform account or rights without prior written approval, except where an underlying agreement and Applicable Law permit an approved transfer. The Operator may use subcontractors and service providers subject to appropriate confidentiality, security, data-protection, oversight and regulatory requirements, while remaining responsible for its obligations as required by law.

Failure or delay to exercise a right is not a waiver. Invalid provisions shall be limited or severed to the minimum extent necessary without affecting the remainder. These Terms and incorporated notices constitute the agreement on Platform use. No partnership, agency, employment, fiduciary relationship or joint venture is created.

These Terms are governed by the laws of the Sultanate of Oman.