Effective Date:04/12/2019
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND AL-DABBAGH GROUP HOLDING COMPANY (“COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE COMPANY’S MOBILE APPLICATION OMNIPRENEUR (THE “APP”) AND THE WEBSITE LOCATED AT THE URL: WWW.THEOMNIPRENEURAPP.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.THEOMNIPRENEURAPP.COM (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES") AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE APP. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
Company may make changes to the content and Services offered on the Site/App at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site/App and by providing a notification within the App with a prompt to accept the updated Terms. By using this Site/App after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site/App.
By using this Site/App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site/App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site/App and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless The Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site/App at any time or in any manner or submit any information to the App or the Site.
The Company provides content through the Site/App that is copyrighted and/or trademarked work of the Company or Company’s third-party licensors and suppliers or other users of the Site/App (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, The Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site/App solely for your personal use. Except for the foregoing license, you have no other rights in the Site/App or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site/App or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
The Company makes available the App to access the Site via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. The Company does not warrant that the App will be compatible with your mobile device. The Company hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Company and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.
The following additional terms and conditions apply with respect to any App that The Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
If you desire to register for an account with Company, you must submit the following information through the account registration page on the Site/App: first and last name, email and preferred password. Once you have submitted your account registration information, Company administrator shall have the right to approve or reject the requested registration, in Company administrator’s sole discretion.
Currently, Site/App also provides you with the ability to register for an account on the Site/App using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook and Twitter (each, a “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of your App/Site Password and any Third-Party Site Password (collectively, "Passwords"), and you are responsible for all activities that occur using your Passwords. You agree not to share your Password s, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Company if any of your Passwords on the Site/App is lost, stolen, if you are aware of any unauthorized use of your Passwords on the Site/App or if you know of any other breach of security in relation to the Site/App.
All the information that you provide when registering for an account and otherwise through the Site/App must be accurate, complete and up to date.
If you register for a “beta account” or other pre-release version of the Site/App and Materials on the Site/App (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in Company’ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site to the public (“Public Launch Date”). If you do not desire to continue using the Site/App after the Public Launch Date, you may contact Company to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in App’s Privacy Policy. While Company generally intends to distribute commercial release versions of the Site/App and Materials on the Site/App, Company reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Company to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE/APP IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE/APP. COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
Please review App Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to the Company.
This Site/App may be linked to other web sites that are not Company sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into this Site/App using your existing account and log-in credentials for such third-party sites, including, without limitation, Facebook and Twitter (any and all of which of the foregoing listed websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Site/App to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on the Site/App. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Company is providing links to the Third-Party Sites to you as a convenience, and Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT Company WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site/App (each a “Submission”) and through any Services available in connection with the Site/App. You may not upload, post or otherwise make available on the Site/App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Site/App is provided on a non-proprietary and non-confidential basis. You hereby grant to Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Company agrees to use any personally identifiable information contained in any of your Submissions in accordance with the Privacy Policy.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site/App.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Company to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site/App and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Site/App or to any other user of this Site/App. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site/App or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on this Site/App may violate certain laws and regulations.
You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site/App violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
All trademarks, names and logos on this Site/App are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site/App, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of The Company, Copyright © 2019 AL-DABBAGH GROUP. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Company respects the intellectual property rights of others, and we ask you to do the same. Company may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site/App for users who infringe the intellectual property rights of others.
Your use of this Site/App is at your own risk. The Materials have not been verified or authenticated in whole or in part by Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy of timeliness of the Materials contained on Site/App. Company has no liability for any errors or omissions in the Materials, whether provided by Company, our licensors or suppliers or other users.
COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE/APP, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE/APP, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE/APP, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE/APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE/APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, , EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.
Company controls and operates Site and App from its headquarters in Saudi Arabia and the Materials may not be appropriate or available for use in other locations. If you use this Site/App outside Saudi Arabia, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site/App or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
Company prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company, may result in immediate termination of your access to this Site/App without prior notice to you. [The laws and regulations of the Kingdom of Saudi Arabia, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site/App will be heard in the courts located in Jeddah, Saudi Arabia.] If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Company about this Site/App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us (i) by mail at Al–Dabbagh Group, P.O Box 1039, Jeddah 21431 Saudi Arabia; (ii) by telephone at +966 12 510 6200; or (iii) by email at info@dabbagh.com or admin@dabbagh.com.