This Terms of Service (Agreement/"TOS") creates and represents a legally binding agreement made by and between Dwraq Information Technology company/Service Provider (hereinafter referred to as the "Service Provider"), and you, acting in your capacity as individual and, if applicable, on behalf of the entity, you are legally representing or for whom you are using this mobile application/Website (hereinafter referred to as "You").
2- Purpose & Object of the Agreement/TOS
2-1 These TOS govern your access to and use of the site "http://www.blazma.com" (Site) in addition to the Blazma Mobile Application and any other World Wide Website owned, created, operated, licensed, or controlled by the Service Provider (collectively, the "Website") and all other products, services or applications offered or developed by the Service Provider on the Website (referred to hereinafter singularly/ collectively as the "Services").
2-3 These TOS will also govern and apply to all visitors, users, subscribers and others who access the application and use the Services ("Users").
2-4 These TOS in addition to any terms or guidelines or rules provided by the Service Provider and /or approved by the user or subscriber (including but not limited to our service contract) are hereby incorporated by reference into the TOS.
2-5 Service Provider may also offer other services or new services that are governed by different Terms of Service will be set and added accordingly.
2-6 By accessing or using any part of the application or services, You agree that You have read, understand and agree to be bound by this TOS.
2-8 Internet Technology and applicable laws, rules and regulations change frequently. Accordingly, Service Provider reserves the right to make changes to this TOS at any time. Your continued use of the Website constitutes implied assent to any new or modified provision of these TOS that may be posted on the application/services. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
2-9 Service Provider reserves the right to update or change or amend these TOS at any time, with or without notice, and for any reason by posting the revised version on application/site. Revisions to terms affecting existing Service Provider Services shall be effective immediately after posting at the Website/Mobile Application. Terms for new Service Provider services are effective immediately upon posting on the Website. The continued access or use of this application and any Services contained therein as of the effective date of any such modification shall be deemed your continuing acceptance of these TOS, as modified.
3- The Services
These medical practitioners and facilities together with any User referred to or dealing with them shall be solely and exclusively liable for any mal practice or any medical or professional mistakes, faults, wrongful advice or otherwise any wrongdoing which directly or in directly affects the User. Service Provider is hereby fully exempt from any liability in this respect and You and any User acknowledge and fully consent to this.
3-2 The information and Services on this Website are intended for providing information and general knowledge about activities related to medical professions, and are not intended for presentation directly to patients or giving them advice in said respects. Service Provider, its licensors, and its suppliers are not responsible for any breaches of disclosures of contents from this Website to any third parties including but not limited to patients.
3-3 Except as expressly provided below, Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Users except when and as specifically provided below, using fee-based Services. Your use of the Services will be deemed to be a representation that You are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law Compliance. You must comply with all of the terms and conditions of these TOS, any policies referred to below or on the application /services, and all applicable laws, regulations and rules when You use the application/services License and Restrictions, Subject to the terms and conditions of these TOS, you are hereby granted a limited, revocable, conditional and non-exclusive right to use the Services and the content and materials on the application/services in the normal course of your use of the application/services. During or for purpose of getting access to the Services, you may not use any third party intellectual property without our consent and the express written permission of the applicable third party, except as permitted by law. Service Provider will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of these TOS or otherwise, except as expressly set forth in these TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the application/services, other than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in these TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
3-4 If You become aware of any conduct that violates these TOS, Service Provider requests and encourages You to contact us. Service Provider reserves the right, but will have no obligation, to respond to such communications. Service Provider provides Services accessible on different equipment and devices including but not limited to certain mobile devices, and Computer etc., which You are providing for this purpose. Service Provider is not liable to provide the required devices or the telecommunication facilities i.e., internet connection or mobile service.
3-5 Service Provider will use its best endeavors to keep the Services always running and applicable to lawful Users complying with these TOS. But the Service Provider will be neither responsible nor liable for any failure or suspension of the Services Provided, pursuant and subject to the provisions of this Agreement/TOS, for any reason and for any term.
4- User Registration and Passwords
4-1 You do not have to register in order to visit the application/services. But, to access certain features of the Services, you will need to register with the Service Provider and create a "User" account through the online registration process on the Website. This account of yours gives You access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. In creating an account, you must provide Service Provider with accurate and complete registration information, as prompted in the registration form. You must promptly notify Service Provider if any of this information changes.
4-2 If You fail to provide or update the information referred to in 4-1, the Service Provider may reject or terminate your right to use the application or the Services. In case this is your first approach to Service Provider, and once your registration is completed, you will be directed to request the Service Provider to opening an account for You and provide You Passwords to said account. You will be asked to choose a password and such chosen password will be recorded and treated as your password and means of access to the account You opened. You must always keep your password confidential. You will be responsible for all use of your password and account, and You will be always liable and answerable to the Service Provider or to any aggrieved party for any consequences resulting from your failure to keep the password secure, including, without limitation, any use by any unauthorized third party.
4-3 You must notify Service Provider immediately if You believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify Service Provider immediately if You become aware of any other breach or attempted breach of the security of the application or the Services. Under no circumstances should You respond to a request for your password, particularly a request from an individual claiming to be an employee of Service Provider. Service Provider employees will never ask for your password. You must notify Service Provider if You receive such a request. Three consecutive logon failures will result in suspension of your login information requiring You to contact the Service Provider via email to revalidate your Login information.
4-4 Consent to Communications from Service Provider. By registering as a User and providing Service Provider your email address, you consent to our using the email address to send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating You do not wish to receive such emails and would rather use an alternative form of communication, subject to approval by the Service Provider. We may also use your email address to send You other messages, including changes to features of the Services and special offers. If You do not want to receive such email messages, you may opt out. Opting out may prevent You from receiving email messages regarding updates, improvements, or offers. But please note that if You request closing your email without providing an alternative form of communication with You, the Service Provider shall have the right to suspend your account provisionally or for good and invalidate the use of your Password, without notification. And You accept that under such circumstances You shall have no right of any legal recourse against Service Provider.
5- Account Security
You are responsible for safeguarding the password that You use to access the Services and You agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not You authorized that activity, and whether or not You have prior knowledge of the unlawful access to your account. You should immediately notify Service Provider of any unauthorized use of your account.
You acknowledge that if You wish to protect your transmission of data or files to Service Provider, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Subject to your compliance with these TOS, You are granted a conditional, limited, non-exclusive, non-licensable, non-assignable, paid license to personally download and install, use/apply the Software on your personal computer, mobile phone or other device and personally use the Service/ products/ application through your account (as applicable) ("User Account") for the time or duration agreed by the Parties to this TOS.
6-1 For the avoidance of doubt, (a) IT administrators working on behalf of an entity (representing the User or which the User is the owner of) may, subject to prior agreement between the Service Provider and User, download and install the Service Provider Software onto personal computers or other devices used by personnel of such entity; and (b) You are permitted to use the Service Provider application or Services.
6-2 All rights and licenses granted to You (as User) under these TOS are granted temporarily, and the Service Provider reserves to itself all other rights not expressly granted to You under these TOS/Agreement.
7- Service Provider Acceptable Use Policy, Restrictions, Software Updates and Third Party Technology
7-1 You, as User, agree and accept that You are declined, restricted and denied any right to:
7-1-1 probe, scan, or test the vulnerability of any system or network breach or otherwise circumvent any security or authentication measures, access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, Service Provider (or our service providers') computer systems; interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; plant malware or otherwise use the Services to distribute malware: access or search the Services by any means other than our publicly supported interfaces (for example, "scraping") send unsolicited communications, promotions or advertisements, or spam send altered, deceptive or false source-identifying information, including "spoofing" or "phishing" publish anything that is fraudulent, misleading, or infringes another's rights promote or advertise products or services other than your own without appropriate authorization; impersonate or misrepresent your affiliation with any person or entity; abuse Service Provider referrals to get more credit for referrals than deserved; publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred violate the law in any way, or to violate the privacy of others, or to defame others.
7-1-2 sub-license, sell, assign, rent, lease, lend , export, import, host, distribute or transfer or otherwise grant rights to any third party in the Software or Service Provider Website Services undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law) remove, obscure or alter any copyright notices or other proprietary notices included in the Software use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude You using the Software for your own business communications, subject to Section 4.1 above other than for the purposes of download and installation, use the Software except through your User Account.
7-1-3 separate or use the Services or any of their components on two or more systems so as to enable un-authorized Use or application of the Services or enable distribution of their contents.
7-1-4 reverse engineer, decompile or disassemble any of the Products, Services or applications or any Service deliverables nor attempt to do so nor assist or require assistance to do so, except to the extent permissible by these TOS or by the Service Provider.
7-2 Software special licensing and Updates
Some use of our Service requires You to download a client software package ("Software").
Service Provider hereby grants You a special, limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if You violate these TOS in any manner particularly in any manner that implicates our intellectual property rights. We hereby reserve to ourselves all rights not expressly granted in these Terms. Our Services may update the Software on your device automatically when a new version is available. Our pause syncing feature pauses syncing of your files, but may not cease all data transfer, so You should exit the desktop client if You'd like to stop data transfer.
8-Third Party Technology/ Sites and Linking and Framing
8-1 If You are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices ("Third Party Technology"), You agree and acknowledge that: (a) You may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) Service Provider cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
8-2 Third Party Sites
8-3 Linking and Framing
8-4 Your Stuff/Contents (User-created Contents) By posting, storing or transmitting any content on or to the application or Services, including by submitting User Created Content within the Website, You accept that You will, and You hereby, automatically grant Service Provider, or represent and warrant that the owner or authorized licensor of such content, has expressly granted Service Provider, the exclusive, unconditional, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant and the right of privacy, the Service Provider is hereby fully and unconditionally entitled to own, use, apply or otherwise transfer, sub-license, or assign the User Created Content submitted to It (Service Provider) and retains any and all rights which may is attached or relate to or exist in.
8-5 You understand and agree that the relationship established by and between You or the User/ Subscriber and Service Provider is a management/Service Agreement to gather, acquire, collect, transfer, process, merge, migrate data related to your customers/ patients by Service Provider which You have provided to Service Provider for this purpose.
8-6 By using our Services You provide us with information, files, and folders that You submit to Service Provider (together, "your stuff"). You retain full ownership to your stuff pre- process or the format will be created by Service Provider as User Created Content limited for your personal use excluding any commercial uses as required by relevant laws. We don't claim any ownership to any of said information as it's in its original format or the User created contents. These TOS do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services.
8-7 All the above information, files, and folders or your stuff (previously submitted to Service Provider) being processed (in bona fide manner) in new format or in the form that does not personally identifies You or any of your customers/ patients as Service Provider created content. Service Provider retains full ownership to said stuff in, which may be processed, run, transferred, merged, migrated or operated or used commercially and non-commercially on Service Provider sole own discretion. You hereby irrevocably waive any claims, in regard of or in respect of any of the mentioned acts or activities whether based on moral and/or financial grounds whatsoever.
8-8 Service Provider may need your permission to process the information as outlined above in addition to your permission to attend with your stuff, i.e., hosting your files, or sharing them at your direction. This includes product features visible to You, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do all or any of the above things solely and exclusively to provide the Services. This permission also extends to trusted third parties, if any; we work with to provide the Services, which provide our storage space.
8-9 You are solely responsible for your conduct in relation to the Services and applications received, the content of your files and folders, and your communications with others while using the Services. For example, it's your responsibility to ensure that You have the rights or permission needed to comply with these TOS.
8-10 We may choose to review public opinion and satisfaction to ensure compliance with our community guidelines, but You acknowledge that Service Provider has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information You may be able to access using the application.
The Services provide features that allow You to share your stuff with others working under your supervision in your organization. There are many things that Users may do with that stuff (for example, copy it, modify it, re-share it). Please always review and consider carefully what You choose to share. Service Provider has no responsibility in respect of that activity.
9- Our Stuff/ Contents (Service Provider created Contents) and proprietary rights
9-1 All information, files, and folders that You submit to Service Provider or any of your stuff being processed or re-created in new form or related to any of You or your customers shall constitute Service Provider created contents. On the other hand, all the materials on the applications or Services and available through the Services, including without limitation, the logos, design, text, graphics, other files, and the selection, arrangement and organization thereof are deemed to be exclusively owned by the Service Provider, its licensors, licensees or other affiliate entities.
9-2 All Trademarks. Product names, logos, designs, titles, and words or phrases used on any Service Provider application, including, without limitation, Service Provider Designs, and Service Provider design marks, models and similar identification designations are owned by Service Provider or its affiliates, its licensors, or licensees. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Services Provider. If You use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the application or Services are the property of their respective owners. You agree and undertake not to use or apply or authorize application of any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission of the Service Provider or the rightful owner of said marks or names.
9-3 You may elect to present or we may invite You to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any of the said, you agree that this submission or proposal is gratuitous, unsolicited and without restriction and will not place Service Provider under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any payment, compensation or any financial obligation of any kind to You. You acknowledge that, by acceptance of your submission, Service Provider does not waive any past, present or future rights of it to use similar or related ideas previously known to You, or developed by its employees, or obtained from sources other than You. Such disclosure, submission or offer of any Ideas shall, and does, constitute a perpetual, royalty-free, worldwide, irrevocable and unconditional license to the Service Provider to all rights, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver by You (User) of any claim or future right to any claim based on any breach of moral or proprietary rights, unfair competition, breach of implied contract, breach of confidentiality, and/or any other legal grounds. You should not submit any Ideas to us if You do not wish to license such rights to us. You agree and acknowledge that, subject to this Agreement You are bound by the obligations: (i) to maintain any Ideas in confidence; (ii) to not to receive, demand or claim payment or from any third party as compensation for any of said rights or Ideas; or (iii) to respond to any propositions requests, or similar demands in respect of said or any of the Ideas unless it comes from the Service Provider. You are and shall remain solely responsible for the content of any Ideas You make.
9-4 Each of the Parties to this Agreement consents to treat all of the other Party's confidential non-public information as strictly confidential. Confidential Information includes, trade secrets, know-how, party's personal information, non-declared business related information.
10- Your Primary Obligations
10-1 Files and other content applied or included in the Services may be protected by intellectual property rights of others in addition to being protected or covered by Privacy obligations. Under no circumstances should You copy, upload, download, or share such files or applications unless You rightfully authorized to do so. You, not Service Provider, will be fully responsible and liable for what You (or any person allowed by You) copy, share, upload, download or otherwise use or allow of any of the said while using the Services.
10-2 You, and not Service Provider, are responsible for maintaining and protecting all your data and applications included in your system. Service Provider is not responsible and will not be liable in any manner for any loss or corruption of your data, or for any costs or expenses associated with such loss or corruption or the backing up or restoring any of your data.
10-3 If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Service Provider will not nor will he be able to provide the agreed Services if your contact information, or any part thereof, is changed without such change being communicated to him.
10-4 If You become aware of any conduct that violates these TOS the Service Provider requires and encourages You to contact him and report this at your earliest. Service Provider is entitled but is under no obligation to respond (in any manner) to such report.
11- Security and Disclaimer
We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will attempt or be able to defeat those measures or use your personal information for improper purposes. You agree and acknowledge that You provide your personal information at your own risk. Subject to the other terms of this Agreement/TOS each Party hereof agrees:
11-1 To take reasonable steps to protect the Other's received Personal Information.
11-3 To avoid making or allow any other person to make any non-agreed modifications of the System running the Service or the nature or particulars of the Service or attempt any use of it other than what is agreed.
11-4 Notwithstanding the obligation of respect and confidentiality of information provided by each of the Parties to this TOS, each Party may disclose any of the other's Confidential Information if so required by law, court order or any competent authority or if the information becomes public knowledge.
11-5 The obligation of confidentiality survives expiry and termination of this Agreement and operates for ten years thereafter such expiry or termination.
12 Representations and Warranties
12-1 You represent and warrant to Service Provider that:
12-1-1 You have the full power and authority to enter into and perform your obligations under these TOS , and that You are a major and fully entitled to conduct your business personally.
12-1-2 your assent to and performance of your obligations under these TOS does not constitute a breach of or conflict with any other lawful obligations whatsoever or agreement or arrangement by which You are bound, or any applicable laws, regulations or rules;
12-1-3 these TOS constitutes legal, valid and binding obligations on You, enforceable in accordance with its terms and conditions;
12-1-4 You will not infringe the copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Website or the Services and the right of privacy to your customers/ patients; and You will comply with all applicable laws, rules and regulations, of Saudi Arabia, in your use of the Services and the Website, including this TOS.
13- Warranty Disclaimer
13-1 You agree that your use of the application or Servcies shall be at your sole risk and peril. To the fullest extent permitted by law, Service Provider, its officers, directors, employees, and agents, shareholders disclaim all warranties, express or implied, in connection with the Services and your use thereof. Service Provider makes no warranties or representations about the accuracy or completeness of this application's content or the content of any sites linked to this application and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services, or otherwise resulting from:
13-1-1 any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
13-1-2 any interruption or cessation of transmission to or from our Services
13-1-3 any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, and/or
13-1-4 any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
14- Third Party unlawful intervention
Service Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through its electronic/Website services or any hyperlinked services or featured in any banner or other advertising, and Service Provider will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use your best judgment and exercise caution where appropriate.
15- Limitation of Liability
15-1 To the extent permitted by law, in no event shall Service Provider, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages, expenses, fees (including attorney's fees) or otherwise any expenses whatsoever resulting from any:
15-1-1 errors, mistakes, or inaccuracies of content
15-1-2 personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services
15-1-3 any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
15-1-4 any interruption or cessation of transmission to or from our Services
15-1-5 any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or
15-1-6 any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
15-2 You specifically acknowledge that Service Provider shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. The Service is controlled and offered by Service Provider from its facilities in (Please insert the country where your server is existing). Service Provider makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, You agree to defend, indemnify and hold the Service Provider, its representative, officers, directors, employees and agents, shareholders, ("Indemnified Parties") harmless from all and any claim, demand, penalty, damages, loss, cost, expense and fees (including without limitation, attorneys' fees and costs) incurred in connection with any claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: arising from:
16-1 your use of and access to the Service
16-2 your violation of any term of these TOS
16-3 committing or engaging in the commission of any act or forbearance or circumstances that would constitute a breach of any provision of this TOS by You or any of your subordinates or minor relatives, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to User Created Content You submit; or Service Provider created contents arising from, related to, or connected with your use of the Website or the Services your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that your Content caused damage to a third party;
16-4 This defense and indemnification obligation will survive the expiry of this Agreement/TOS or any earlier termination thereof and any other party's access and use of the Services with your unique username, password or other appropriate security code.
17- Force Majeure
Neither of the Parties to this Agreement shall be liable for failing to perform any of its obligations under it if that is caused by an event beyond its reasonable control and for the occurrence of which he is not, in any manner, liable or responsible.
18- Termination of Agreement/TOS
18-1 Service Provider shall have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate this Agreement and close or suspend your account or your access to the application or Services, with or without cause. Reasons for such termination may include, and without limitation:
18-1-1 your violation of the rights of any third party.
18-1-2 in the case of Services features that require payment, the invalidity of your credit card, your exceeding your credit card limit or "chargeback" of a fee or other payment.
hand delivery 18-2 This Agreement/TOS may be terminated by YOU as a User of your account or your access, for any reason at any time subject to this TOS.
19- These TOS contains the entire understanding of You and Service Provider regarding the use of the application or Services, and supersedes all prior and contemporaneous agreements and understandings between You and Service Provider regarding its subject matter. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia .
20- This TOS and all of your rights and obligations under them (including, without limitation, your user ship, if any) will not be assignable or transferable by You without the prior written consent of Service Provider.
21- No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS.
22-You and Service Provider are independent contractors, and no agency, partnership, joint venture; employee-employer relationship is intended or created by this TOS.
23- The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. These TOS has been drawn in two versions one in Arabic and the other in English languages, and each of the Parties thereto received an original thereof. In case of any inconsistency between the two versions the text of the Arabic version shall prevail and have supremacy.
24- This Agreement/TOS shall be governed by and construed in accordance with all the applicable laws, regulations and directions of the kingdom of Saudi Arabia.
And any dispute in respect of any matter or issue related to it in any manner, and if not resolved within twenty days of its occurrence, shall be referred to and resolved exclusively through and by any competent court in Riyadh city.