Terms & Conditions
Preamble
The application and the Services Provided are subject to application user compliance with these provisions set hereunder (“The Agreement"). This agreement regulates the use of the application and the services thereof. Accordingly, the user(s) are obligated to comply with this agreement contained herein, whether the user(s) is aware of it or not, as it is legally binding. Please read this Agreement carefully. Ongoing use of application and services, and providing the data means consenting to the terms and conditions therein. However, in the event of not consenting to this agreement or any updated versions thereof, then no one shall use any of its related services. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Preamble Interpretation
The above preamble shall be deemed an integral part of this agreement, construed, and implemented by it.
Definitions
The following terms shall have the meanings set forth below:
1. “The Service Provider”: Means the Service owned and operated by AL-QAWAM AL-SALEEM COMPANY FOR RESEARCH AND STUDIES CR number: (4030428408) a company operating under Saudi Arabian laws, based in 2823, Prince Saud Al Faisal, Jeddah, Kingdom of Saudi Arabia.
2. “Qawam application” referred to in the entire agreement as “The App” is the official mobile application of the service provider, that includes information, video, and audio files introducing the service, and describing its features, using instructions, subscribe, and access to the user's login page.
3. The “service(s)”: This means the platform is operated by the service provider, and it contains the services of the user posture monitoring mentioned on the application of the service
4. “User(s)”: Any individual(s), or entity and their affiliates authorized by the service provider to use the app.
5. “Personal Data”: Any statement of data (regardless of its source or form) that may identify an individual particularly, or to identify the individual directly or indirectly, including without limitations name, personal identification number, addresses, contact numbers, licenses numbers, records, personal property, bank account numbers, and credit card numbers, images of the individual whether still or motion images or any other data of a personal nature.
6. “Service Data”, or “Cloud Data”: The databases, information, and records inserted by the User into the Service Provider's app or services.
7. “Affiliates”: Means without limits all the party’s employees, delegates, agents, subsidiaries, affiliates, or whoever acts on behalf of the relevant party.
Clause (1): Duration of the Agreement:
The Usage starts upon acknowledging and consenting to the app's terms and conditions; therefore, the term of use remains enforceable as long as the user is continuously accessing or using of the Services or the app.
Clause (2): Security Precautions:
The service provider takes all necessary procedures to protect the app and the services safety, thus the User(s) shall undertake the following:
1- Take place the necessary security precautions to prevent access to their accounts in the service by unauthorized persons, and ensure that no information is provided to others, including, but not limited to preventing the sharing of logins, usernames, passwords, or information about the payment method related with their accounts. The service provider hereby shall not bear any liability or damage due to the User(s) failure to take the necessary precautions to protect their information.
2- It is prohibited during any circumstance to attempt unauthorized access to the app and services whether directly or indirectly by carrying out actions such as without limitation copying, modifying, leaking the services, modifying its design, destructing it, occupying its address, or obstructing or jamming access, or disrupting or violating by any method.
3- The User(s) shall be solely liable for any activity that occurs through his account.
4- The User(s) shall notify the service provider promptly of any infringement or hacking of his account.
5- The User(s) bears sole liability in the event of any infringements, abuses, or damages to their accounts or devices. Nevertheless, the service provider recommends fixing all bugs or installing and updating the latest versions, hardware updates, and protection programs for the devices.
Clause (3): Technical Support:
During the usage, the service provider will provide technical support for the User(s) during the working hours, and therefore the support includes, but is not limited to:
Responding to inquiries via email.
Follow up on technical issues via email.
Clause (4): Erasing The Cloud Data:
If the usage has not been renewed, the service provider is entitled to erase all the service cloud data after (12) months from the usage date of expiration.
Clause: (5): Intellectual Property and Commerce names Rights:
All contents, materials, artworks, graphics, logos, images, texts, commerce names, and trademarks in the Services and the application are exclusively registered property of AL-QAWAM AL-SALEEM COMPANY FOR RESEARCH AND STUDIES Whereas it shall not be used and being infringed by anyone, or any of the following:
1. Innovations Including but not limited to Intellectual innovation, regardless of its kind, means of expression, importance, or purpose of creation Such as but not limited to computer software, cloud services, technical engineering, etc ... .
2. Intellectual property Including but not limited to Intellectual Property Rights (whether registered or not) linked to the Services. The Service Provider retains ownership over his services regardless of whether they are being sold or offered, and they shall not be modified, reverse-engineered, removed, interfered with, or altered in any way, or in any form, nor on the software, the source code, the audio, the video, animation, texts, graphics, logos, tools, images, illustrations, User(s)-added API, dashboard(s), management tools, and the service provider's proprietary graphical interface(s) to copy it, reproduce, distribute, modify, upload, publish, transmit, or print by a paper form or electronically, and wholly or partially, or in any form or by any other means.
Clause (7): Disclaimers and Warranties:
1. The service provider disclaims himself of any warranty and liability whatsoever towards others, expressly or implied, wholly, or partially, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, or intellectual property rights and trade names.
2. In no event The service provider shall be liable to any party for any direct or indirect consequential damages, including but not limited to damages arising from business loss, bankruptcy, lost profits, or damages affecting goodwill and reputation, stoppage, and interruption of business, indirect or consecutive financial losses, special or punitive damages, whether because of a contract violation, warranty, damage, or otherwise.
3. The service provider shall not be liable nor guarantee against any malfunctions or errors caused by improper use of the services, errors caused by the User(s) and their affiliates, or any other grounds not attributable to the service provider.
4. The service provider shall not warrant the application, Services, or e-mails sent to or from it that are free from viruses or other harmful content. Therefore, The Service Provider shall not be liable for any damage of any kind arising during the use of the Services and the application.
5. The service provider shall not bear nor warrant any liability for delays, interruption in service, issues with the network, electronic communications, World Wide Web, or for any grounds beyond the control of the service provider.
Clause (8): Indemnification:
The User(s) and their affiliates hereby shall be liable and indemnify the service provider and his Affiliates. Accordingly, indemnifications shall be made against and not limited to the following:
1. All damages, claims actions, or orders in connection with or in grounds with the implementation, delivery, or use of the app and the service.
2. Any breach of obligations, warranty, or undertaking made by the User(s) and their affiliates in this agreement.
3. Any negligence or willful misconduct by the User(s) or their affiliates.
4. Any third-party claim relating to the obligations of the User(s) in grounds to this Agreement.
5. The User(s) shall protect and indemnify the service provider, and his affiliates, from and against claims, damages, verdicts, expenses, and losses (including attorney’s fees) arising from infringement or alleged violation of any patent and intellectual property, trade names, or any of the rights stipulated in this agreement in connection with any of the services provided and the app.
Clause (9): Modifications:
The term “Modifications”: Means any change, amendment, appendix, deletion, swap, or update to the Service or the Agreement, regardless of the effect of such a modification.
1. Occasionally, The Service Provider is entitled as he deems appropriate to modify any part of the agreement. As a result, the modifications will be announced on the app or by email, in addition, the User(s) shall be required to review and consent to these modifications for using or browsing the app.
2. The User(s) shall be liable for not reviewing any of the modifications to this Agreement periodically.
3. Every now and then, The Service Provider adds some additional features and traits to the app or the service itself, such as new functions, tools, content, or reports. All such features and traits are subject to the terms and conditions of this Agreement.
Clause (10): Business Conveyancing and Waiver:
1. Business Conveyancing:
a. The service provider may terminate this Agreement promptly upon written notice in the following events without limits if the service Provider stops conducting business by the normal course or through acquisition or merger, or assigning for the benefit of creditors, or liquidated, or dissolved in any way, or is adjudicated bankrupt wholly or partly.
b. Upon the transfer of the service provider business, the information or data of User(s) is considered one of the assets that are transferred to the new party.
c. The User(s) acknowledge that such circumstances may occur, and the information and the data may be used by the new party subject to this agreement.
2. No Assignment or Waiver:
This Agreement is exclusive to the User(s), and he may not assign, transfer, transform, or waive any of the rights or obligations without the prior written consent of The Service Provider.
Clause (11): Termination
The service provider reserves the right to suspend or terminate this agreement or the services immediately at any time.
Clause (12): Effects of Termination
1. In the event of termination of this Agreement, the service provider will remove and shall discontinue the Services provided to the User(s) on its Platform with immediate effect.
2. The service provider shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the User by virtue of termination of this Agreement.
Clause: (13) Miscellaneous:
1. The Service Provider will the services free from material software errors and operate effectively, noting that the services may not be completely free from technical errors.
2. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of.
3. The User(s) acknowledges and consents that the service provider provides the services to third parties who may be competitors to the User(s), and that those third parties are entitled to access the service provided by the service provider.
4. This Agreement shall not construe or transfer to any party any intellectual property rights, trade names, patents, and copyright rights proprietary to the service provider, which shall remain exclusive and remain the property of the service provider.
5. The User(s) undertakes the responsibility for providing their own devices, as well as subscribing to the Wi-Fi at their own expense, to enter the app and services and manage their account, in addition, it shall not be the responsibility of the Service Provider for any consequences arising from the failure in this regard.
6. The user undertakes not to violate public morals and regulations in Saudi Arabia and to take the necessary care while benefiting from the app
7. The user(s) undertake not to take any action or abstain from it, with the intent of harming The Service Provider and his affiliates or his services or harming his reputation in any way. Otherwise, The User(s) shall compensate The Service Provider for all expenses and damages that can be estimated at the time of the harmful action. This compensation may be determined by the competent court.
8. This agreement is subject to the General Rules Policy and Regulations for Transfer of Personal Data Outside The Kingdom issued by The Saudi Data & AI Authority, Version (1) – 5/5/2020.
9. This agreement is subject to the Children and Incompetents’ Privacy Protection Policy and Regulations issued by The Saudi Data & AI Authority, Version (1) – 5/5/2020.
10. This Agreement does not grant anyone any right or constitutes the grant of a license, under any rights of the services, or any such rights owned by the service provider.
11. This Agreement is written in the Arabic and English languages, In the event of any dispute Arabic language version shall supersede.
Clause: (14) Disputes and Applicable Law:
This agreement is subject to the provisions of the Saudi E-Commerce Law issued on 07/11/1440H corresponding to 10/07/2019G in respect of everything not provided for herein.
In the event of any disputes arising out of this agreement, it shall be governed and interpreted by the Kingdom of Saudi Arabia's laws and regulations, and the jurisdiction shall be before the courts and committees located in the service provider's geographical location.