General
AswaqNa.net
provides you with access to this Web site and the services available on this
Web site. Access to and use of the Services (defined below in the Section, (“Services”)
is governed by these Terms and Conditions (the “Agreement”).
By accessing or using the Services, you indicate your assent to be bound by the agreement, and your acknowledgment of and agreement to its terms.
Services
The
Services include AswaqNa.net (located at www.AswaqNa.net.) The Services
may also be located on third party web sites and/or applications. Our Services
enable you to locate the latest online promotions available from leading
merchants, service providers, restaurants, and hotels. We provide you with the
latest available promotions which enable you, the user, to receive discounts on
purchases at various outlets we feature.
The
Service act as a system or venue to introduce you to sellers of goods or
services online. AswaqNa uses reasonable efforts to ensure the availability of
the information and content, including e-fliers and expiration, the date that it
makes available through the Services. However, merchants have the ability to
change or terminate their promotional offers at any time, including ‘ongoing’
and the validity date. Since the Services are composed of content not offered
by AswaqNa, AswaqNa does not control (I) the terms of the promotional offer
made by the merchant; (ii) the availability or technical capabilities of the
merchant Web sites or links to their Web sites; (iii) the quality, safety or the legality of items available through or on merchant Web sites, stores, or sites
of third parties not in privity of contract with AswaqNa, (iv) the truth or
accuracy or legality of the content from those advertisers or those third
parties (even if such content appears on the Services), or (v) AswaqNa is not
liable or responsible for content supplied by third parties, or for actions you
might take in reliance on that content.
Nothing
contained in any of the Services is an offer or promise to sell a specific
product for a specific price or that any merchant will sell any product or
service for any purpose or price or on any specific terms. AswaqNa does not
guarantee the price, quality, terms, product, availability, and/or services
offered by any merchant.
For
all of the Services, AswaqNa is not involved in any transactions between you
and any of the merchants for whom we list promotional offers, and is not
responsible for, and does not guarantee the price or performance of any goods,
services or information provided by advertisers. If you have a dispute with one
or more merchants, you agree to release and hereby release AswaqNa (and AswaqNa’s
officers, directors, agents, subsidiaries, affiliates, employees, successors,
assigns, content providers and service providers) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes
Only
Personal Use is Authorized
Under
this Agreement, AswaqNa gives you permission to access and use the Services for
your personal use, and to copy, distribute and transmit the content of the
Services only to the extent that such copying, distribution, and transmission
is automatically done through your browser software incidentally to using the
Services for your personal use. You may also print a copy of the information
displayed on the Services for your personal use. That means, that except asset
forth above, you may not modify, reformat, copy, display, distribute, transmit,
publish, license, create derivative works from, transfer or sell any
information, products, or service obtained by your use of the Services. This
restriction means, among other things, that you may not mirror on your own Web
site any portion of the Services or display through your own Web site any
results pages or other information from the Services without Aswaqna.net’s
permission.
The technology underlying, and content within, the Services is owned by AswaqNa
and/or its licensors (including AswaqNa merchants and other content providers)
and is protected by copyright and other intellectual property or proprietary
rights. If you use the Services other than as provided above, you may violate
copyright and other laws of the Kingdom of Saudi Arabia, other countries, as
well as applicable state laws and may be subject to penalties. As between you
and AswaqNa.net. AswaqNa.net owns and retains all ownership of the technology
underlying and content within the Services, and reserves all rights not
explicitly granted to you in this Agreement.
Disclaimer
of Warranties
The
services are provided “as is” without warranty of any kind. AswaqNa disclaims any warranties,
express or implied, including any warranties of title, non-infringement,
merchantability or fitness for a particular purpose.
AswaqNa
potential liability for the services is limited
Neither
AswaqNa nor any of its officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers, or service providers will be
liable to you for any indirect, incidental, special, or consequential damages
arising out of the use of the services, or inability to gain access to or use the
services. AswaqNa will not be liable for any material of web sites it links to
as part of the services or for the information contained in or part of the services
including but not limited to search results.
Defamation,
Copyright and Trademark Claims
AswaqNa.net
is a provider of an interactive computer service for purposes of shopping and
dining convenience. As such, its liability for others’
conduct and information are limited as described therein.
In
notifying AswaqNa.net of alleged copyright infringement, you must include the
following information: A description of the copyrighted work that is the subject of claimed infringement A description of the infringing material and
information sufficient to permit AswaqNa.net to locate the alleged material
Contact information for you, including your address, telephone number, and/or
email address A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner,
or its agent, or by the operation of any law A statement by you, signed under the penalty of perjury, that the information in the notification is accurate and
that you have the authority to enforce the copyrights that are claimed to be
infringed A physical or electronic signature of the copyright owner or a person
authorized to act on the owner’s behalf.
Failure
to include all of the above-listed information may result in the delay of the
processing of your complaint. AswaqNa.net does not arbitrate or resolve
trademark disputes among Aswaqna.net’s advertisers
or between those advertisers and third parties. However, AswaqNa.net will
promptly comply with an order of a court of competent jurisdiction concerning a
trademark issue. AswaqNa.net occasionally receives requests to remove listings
from within the Services. AswaqNa.net reserves the right to address such
requests on a case-by-case basis.
Privacy
and Data Collection
AswaqNa.net
does not collect personally identifying information from users of the Services
unless users have explicitly given such information to AswaqNa.net (for
example, when subscribing to a newsletter or when sending us an email with a
question or as part of a contest). Aswaqna.net’s
information practices are further described in its privacy policy. Aswaqna.net’s privacy policy is part of this Agreement, and you agree that the use of data as
described in the privacy policy is not an actionable breach of your privacy or
publicity rights. If you have entered into another agreement with AswaqNa.net
(such as a Partner Agreement or a Merchant Agreement), then you may be subject
to additional or different provisions regarding privacy and data collection. If
you would like more information, please read our Privacy Policy.
You
should consider any communication that you transmit to AswaqNa.net (such as
data, questions or answers, comments, or suggestions) as non-confidential, and
agree that AswaqNa.net will not be liable or responsible if information that
belongs to you is intercepted and used by an unintended recipient.
Control
over Features, Functions, and Access to the Services
AswaqNa.net
reserves the right to change any information, features, and functions of the
Services without prior notice. AswaqNa.net may deny you access to all or part
of the Services without prior notice if you engage in any conduct or activities
that AswaqNa.net determines, in its sole discretion, violate this Agreement,
the rights of AswaqNa.net or any third party, or is otherwise inappropriate.
Choice
of Law, Waiver, and Claims
The agreement shall be governed by the laws of the Kingdom of Saudi Arabia without
regard to its conflict of law provisions. Aswaqna.net’s
failure to exercise or enforce any right or provision of the Agreement will not
be deemed to be a waiver of such right or provision. If any provision of this The agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Arbitration
Any
controversy or claim arising out of or relating to this Agreement or the
Services will be settled by binding arbitration in accordance with the KSA
Commercial laws. Any such controversy or claim must be arbitrated on an
individual basis, and must not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration must be conducted in KSA
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or AswaqNa.net may seek any interim or
preliminary relief from a court of competent jurisdiction in KSA
as necessary to protect the rights or property of you or AswaqNa.net.
Amendment
AswaqNa.net
may amend this Agreement at any time by posting the amended terms on its Web
site. This Agreement may not be otherwise amended except in a written document
signed by you and AswaqNa.net. This agreement was last revised on 14th September
2020.