Terms of Use

First: Introduction

These terms of use (along with the documents referenced in it) include the necessary guidelines on how to use and benefit from the (TBS-ERP) platform (referred to hereinafter as "the site or platform"), whether as a browser or user.

Please read these terms of use carefully before using this platform. By using the platform, you confirm your acceptance of these terms of use and agree to comply with the terms, conditions, and practices outlined within. The (TBS-ERP) platform ("the platform") is owned and operated by Takamol Business Solutions. These terms (along with our privacy policy and any other documents referenced therein) define the foundation upon which the use of the platform and the services provided by it are regulated.

Second: The Purpose of the Platform

The aim of this platform is to enhance corporate operations management and improve efficiency in their activities by providing a subscription service for Cloud-based Enterprise Resource Planning (SaaS ERP) system. This service is offered through specific packages that cater to user requirements. Additionally, consulting and development services for cloud-based Enterprise Resource Planning systems are provided to effectively meet the users' customized needs.

Third: Definitions

The following terms and phrases, wherever they appear in this Terms of use, shall have the meanings specified next to each of them unless the context clearly indicates otherwise. Words used in the singular form also include the plural form, and vice versa, as required by the text. Titles and margins in these terms and conditions are not taken into consideration when interpreting them:

·          The Platform: Refers to the electronic information system provided through the internet, which is responsible for delivering the Cloud-based Enterprise Resource Planning (SaaS ERP) service.

·          Service Provider: Takamol Business Solutions.

·          User: Refers to the individual who browses and/or benefits from the service and/or the platform.

Fourth: Changes to the Terms of Use

·          These terms of use, including the conditions, provisions, and practices, are subject to ongoing updates and changes from time to time in accordance with the latest guidelines and regulations governing these operations and as needed. Any modification or improvement of the site is made to ensure the efficient presentation of content for your benefit and for your computer.

·          Updates to these terms of use take effect immediately upon approval by the service provider. This requires your continuous review of these terms of use and the contained principles, liability limits, and intellectual property provisions. Your continued use of the platform and its services signifies your complete awareness and acceptance of any modifications made to its terms of use. The service provider is not obligated to announce any updates or amendments to these terms, so the service provider reserves the right to change and update these terms of use from time to time.

Fifth: Non-Reliance on Information

Given the rapid pace of the software world, despite our efforts to update the platform's information, we do not explicitly or implicitly guarantee the accuracy, currency, or completeness of the platform's content and services. We are not obligated to update it within a specific timeframe, and we do not guarantee that the platform's content will meet your needs or expectations. We do not ensure the accuracy, completeness, or quality of the platform or its content, nor do we guarantee the continued availability of some of its components.

Sixth: Intellectual Property Rights

The service provider holds all intellectual property rights to the platform, and all materials published on it are subject to the laws governing copyright, trademark, and patent regulations in the Gulf Cooperation Council countries, international treaties, and all other relevant regulations. Please note that all intellectual property rights or trademarks not owned by the service provider, which appear on the platform, are the property of their respective owners. Customers are not permitted to use any of these trademarks, or any of their various forms, for promotional or commercial purposes or to imply a connection, whether intentionally or unintentionally, with the owner of the relevant trademark. The platform does not contain, nor should it be interpreted as granting - whether explicitly or implicitly or otherwise - any license or right to use any of the trademarks displayed on the platform without written permission from the owner of the relevant trademark.

·          Users are not permitted to alter hard copies or digital copies of any materials printed or downloaded from the platform in any way, nor are any illustrations, photographs, video or audio clips, or any other graphic materials to be used.

·          Users are not allowed to use any portion of the platform's content for commercial purposes without obtaining permission to do so from the service provider or its authorized representatives.

·          If you print, copy, or download any part of the platform in violation of the terms of use, your right to use the platform will be immediately terminated, and you will be required to return or destroy the materials that have been copied.

Seventh: User Acknowledgments

The user acknowledges and agrees to comply with these terms of use and acknowledges the following:

1.               To maintain the confidentiality of the information provided to the user upon creating their user account and not to disclose it to any third party. This includes, but is not limited to, the username and password, as part of our security and privacy procedures.

2.               To be familiar with and adhere to all conditions and regulations that comply with the laws and regulations of the Kingdom of Saudi Arabia and government regulations.

3.               The user is fully responsible for the information and inputs made by them when using the platform. The user acknowledges their responsibility and awareness of these terms, conditions, declarations, and other applicable terms and conditions, and complies with them.

4.               The user is fully responsible for all the information they provide or upload to the platform or through the dedicated service servers. This includes, without limitation, digital entries or uploaded documents. The user must verify the accuracy and update of the information, and thus the user acknowledges that all the information provided by them is accurate and up-to-date. The user agrees to maintain the accuracy and update of this information. In the event of a breach of these terms and conditions or the issuance of fraudulent or forged documents, the user is subject to penalties and legal actions in accordance with the provisions of Article Twelve (Suspension and Termination) and other relevant regulations.

5.               The user is responsible for ensuring that all users of the platform and its services accessed through their internet connection comply with the terms of use and other applicable terms and conditions.

6.               The user acknowledges that they are aware of the Electronic Transactions System and the regulatory framework for cloud computing services, and is aware of its legitimacy and the provisions and penalties for those who violate the system.

7.               The user acknowledges their full responsibility for their personal account on the platform and confirms that they are the sole user of the account. Therefore, all account activities are treated as if they originated from the user personally as the account owner.

8.               The user acknowledges the service provider's right to use the data recorded by them to conduct surveys and gather opinions and to utilize this data to continuously improve the platform for a more user-friendly experience.

9.               The user acknowledges that once they save the settings and specifications of their ERP system and complete payment for the service fees, they cannot modify or delete any additional orders. If the user wishes to make modifications, they can contact the customer support service, and the service provider has the right to impose additional charges for any modifications as required.

10.         If the account is used by multiple individuals, the person in whose name the account is registered is responsible for all activities and must immediately inform the service provider of any unauthorized or prohibited use of the account or any suspicion that someone else is aware of the user's account or password.

11.         The user acknowledges the service provider's right to verify the information entered by the user on the platform, and the service provider has the right to refuse incomplete, inaccurate, fraudulent, or forged requests. The service provider also has the right to delay the completion of the requested operation for further evaluation of document safety or in the case of technical difficulties. The service provider has the right to accept/reject/cancel any operations.

12.         The user acknowledges that if any errors occur when using any of the services offered through the platform, the service provider is not responsible for any financial or legal losses incurred. It is the user's responsibility to report errors by opening an electronic support ticket through the communication center provided in Article Seventeen (Contact Methods) of these terms of use, and the service provider or its representatives will take appropriate action and notify the user accordingly.

13.         The user acknowledges that it is possible to upgrade the subscription to a higher category while the subscription is still active, based on the service subscribed to on the platform. The user is not allowed to choose a lower subscription category during the subscription.

14.         The user acknowledges that the services provided, or part of them, are based on networks belonging to third parties, including but not limited to payment gateway systems, data storage systems, and hosting systems.

15.         The user acknowledges that there is no data backup service, and data upload and download are possible. If the user wishes to do so, they can contact customer support to request this service, and the service provider may impose additional charges if necessary.

16.         The user acknowledges that there is no automatic renewal service for platform services subscriptions. If the subscription expires, the user has the right to request the transfer of their data resulting from the service against fees determined by the service provider. If (90) days pass without requesting the transfer of data and information through the support window and paying the additional fees specified by the service provider for the transfer, all data and information will be automatically deleted without the need to notify the data owner, and the sharing and transfer of data will be as follows:

A.               The user will be provided, upon request, with a copy of the content of their cloud computing saved in the cloud computing system in the format used. The user will be provided with the means to recover their content in the format used.

17.         The user acknowledges that they are aware of the terms of cloud computing users in accordance with the regulatory framework document for cloud computing issued under number 430/1442 and any subsequent documents issued by the National Data Management Office and relevant authorities.

18.         The user acknowledges that they have authorized the service provider or their representative to verify any information provided for the purpose of approving or rejecting the user's request, or other procedures in which the data used by government and private entities is utilized.

19.         The user acknowledges that the service provider has the right to suspend services entirely or partially for maintenance or development purposes, and the user will be notified before such work for a period of not less than 24 hours.

 

 

Eighth: Prohibited Uses

You may only use the platform for legitimate purposes. It is strictly prohibited to use it for any of the following purposes, including but not limited to:

1.               Using the platform in any unlawful or fraudulent manner or in any way that has an unlawful or fraudulent purpose, with the intention of causing harm or attempting to cause harm to others.

2.               Using the platform in any manner intended to cause harm or an illegal effect.

3.               Using the platform in a way that violates any local, national, and/or international laws and regulations.

4.               Using the platform in any manner that involves a breach of any applicable local, national, and/or international laws and regulations.

5.               Unauthorized or prohibited access, interference, damage, or disabling any part of the platform, equipment, or network that the platform is stored on, or the software used to provide the platform, and any equipment, network, or software owned or used by any third party to provide the service, either directly or through other parties.

6.               Using the platform in a way intended to cause harm, disable, burden, or weaken any computer, service, or network(s) connected to our service through hacking, password cracking, or any other means, as well as not attempting to gain unauthorized access to the platform, or to any other accounts, computer systems, or networks connected to our service through hacking, password cracking, or any other means. It is also not allowed to obtain or attempt to obtain any materials or information stored on the platform, computer systems used to provide the service, or devices associated with it through any means not intentionally provided by the platform.

7.               Intentionally sending, receiving, uploading, downloading, using, or reusing any materials that do not conform to our content standards, including but not limited to:

A.              Transmitting, assigning, or commissioning others to send any unsolicited or unauthorized advertising materials or any other forms of similar solicitation (spam).

B.               Transmitting knowingly any data, sending, or uploading materials containing viruses, Trojan horses, worms, keystroke loggers, spyware, malware, or any other harmful computer code or similar software designed to negatively affect the operation of any software, applications, or computer devices.

C.              Attempting to gain unauthorized access to the platform or any accounts or systems of other users or the computer systems or networks connected to the platform through hacking, password cracking, or any other means. It is also not allowed to obtain or attempt to obtain any materials or information stored on the platform, computer systems used to provide the service, or devices associated with it through any means not intentionally provided by the platform.

D.             Attempting to delete, download in excess, or otherwise download any content from the platform, such as user directories, user listings, or user information published on the system. You also agree not to impersonate or attempt to impersonate your identity while using the platform.

E.                 Reproducing, replicating, copying, or reselling any part of the platform in a manner that violates the terms of use of this platform.

Ninth: Platform Services

Platform (TBS-ERP) offers a range of services related to cloud-based Enterprise Resource Planning (ERP) systems. These services include:

1.               Subscription Service for Cloud-Based ERP (SaaS ERP):

   This service allows users to subscribe on a monthly or annual basis to the cloud-based Enterprise Resource Planning (ERP) system as per their requirements and the categories specified on the platform.

2.               Consultation Services for Cloud-based ERP Systems:

   This service enables users to benefit from specialized consulting services aimed at improving and enhancing the quality of cloud-based Enterprise Resource Planning systems. This helps in utilizing these systems more efficiently and effectively.

3.               Development and Design Services for Cloud-Based ERP Systems:

   This service allows users to request the development and design of new business requirements within cloud-based Enterprise Resource Planning systems. The goal is to enhance these systems with precision and efficiency while providing the best technological solutions to successfully achieve the users' operational goals.

Tenth: Limitation of Liability

1.               The service provider and its directors, employees, agents, subsidiary, affiliate, and parent companies shall not be held liable for any legal consequences arising from any losses or damages (whether direct or indirect) resulting from the use of the platform, including but not limited to:

A.              Losses or damages resulting from the loss of profits, goodwill, business, opportunities, or data.

B.               Any obligations arising from contracts or agreements entered into by the user.

C.              Any payments to the wrong or incorrect account due to user-entered information on the platform.

D.             Loss of user data and information related to the provided cloud-based Enterprise Resource Planning system.

E.                Damages or data loss related to consulting and design services.

F.                Damages resulting from the suspension of service and system maintenance or development, with the necessity of notifying users before maintenance and development.

G.             Any fraudulent activities, deception, or misrepresentation of facts due to the actions, omissions, or negligence of the user or any third party.

H.             Any errors or misuse of the platform or the inability of any person to use the platform and understand its content.

I.                  Losses resulting from internet connection delays, platform suspension, or errors resulting from the failure of any wired or wireless communication methods or data transmission systems, including server failure, maintenance, or the inability to access the user page or related pages, with the service provider's responsibility to provide technical support and fix the issue.

J.                  Losses arising from actions of any government authority or others, or any acts of God or force majeure beyond the control of the platform.

K.              Any other non-material losses arising from or related to your use of the service.

L.                Any losses due to a force majeure beyond the control of the platform.

M.          The platform is not responsible for any legal issues related to user funds. The amounts paid by the user are considered their own, and they are not entitled to a refund of the amount upon payment.

N.             The platform does not bear any responsibility for problems related to internet disconnection or any other issues related to payment processes. Users should contact their own bank in such cases.

O.             The platform does not bear any responsibility for suspending the service for any reason and does not guarantee the continuity of the platform or any part of its content. The platform has the right to suspend, block, stop, or change the platform in full or in part without prior notice.

P.               The platform is not responsible for the accuracy of the content used or provided by you or any third party to the platform.

2.               In the case of user misconduct, the platform will take all legal actions against the user.

3.               The user accepts full responsibility and acknowledges that the platform is not responsible for users or any third party for any breach of these terms of use or any applicable laws and regulations. The user is responsible for any consequences (including any damage or loss due to such a breach), and the platform is entitled to take the necessary actions and recourse against the user in the event of any harm, whether direct or indirect.

4.               The platform may contain links to and advertisements for other applications and websites, and such links should not be interpreted as endorsed by the service provider. Therefore, we do not assume any responsibility for the materials, services, or product offerings appearing on such applications and websites, and we do not guarantee that any of these applications and websites are free from viruses, malware, or other destructive elements. The user acknowledges and agrees that the service provider is not responsible for the content or quality of any of these applications and websites.

5.               In the event of a user's violation of these terms and conditions, we have the right to suspend, cancel, or block the user's access to the platform and services.

6.               The service provider's liability is limited to providing the services referred to in the Services section, and it shall not be liable for any losses or damages (whether direct or indirect) arising from the use of the services, or the loss of data and information. The service provider will make its best efforts to maintain service quality and take all necessary legal measures to protect the data and information provided by the user.

Eleventh: Compensation

By using the platform or the services it provides, you agree to indemnify, compensate, and defend the service provider, its subsidiaries, affiliates, parent companies, officers, board members, agents, and employees against any claims or actions or demands by other parties arising from or related to your use of the platform in any form, including any liabilities or expenses resulting from all or some of the claims and losses, actual and consequential damages, legal claims, judgments, litigation costs, and attorney's fees. In such cases, we will provide you with written notice of such a claim or lawsuit.

Twelfth: Suspension and Termination

1.                The service provider, at its discretion, will determine whether there has been a violation of the terms of use through the user's use of the platform. If a violation of these terms and conditions is found, the service provider may take appropriate actions, including but not limited to:

A.              User misuse or violation of the service or the information contained within it, or violation of these terms and conditions.

B.               A request from the competent authority in the Kingdom to suspend or terminate the service for a subscriber.

C.              General suspension of the service in cases of force majeure.

D.             Accounts that have not been confirmed or have been inactive for an extended period.

 

2.                Non-compliance with these terms and conditions, statements, or acts of fraud or forgery by the user or as determined by the platform's absolute discretion may result in taking all or any of the following actions:

E.                   a. Immediate, temporary, or permanent suspension of the user's right to use the platform.

F.                   b. Immediate, temporary, or permanent removal of any posts or materials uploaded by the user on the platform.

G.                c. Issuance of a warning to the user.

H.                d. Taking legal action against the user to claim compensation for all costs (including, but not limited to, any administrative and legal costs) resulting from the violation of these terms.

I.                     e. Taking further legal actions against the user and disclosing information to the relevant judicial authorities when necessary.

3.               We disclaim responsibility for the actions taken as a result of violating the terms of use. Such actions are not limited to what is mentioned in the terms, and we have the right to take any other actions we consider appropriate in compliance with the laws and regulations of the Kingdom of Saudi Arabia.

Thirteenth: Viruses

·          The user alone is responsible for using their own antivirus software, as well as configuring their technological information, software, and computer systems to access the platform.

·           Deliberate misuse of the platform, including introducing all kinds of viruses without exception, unauthorized access, or attacking our servers or any other server, computer, or database related to the platform, is strictly prohibited. It is forbidden to conduct denial of service attacks. We will report any attempts to breach these terms to the relevant legal authorities and cooperate with them. Your identity will be disclosed in the event of such violations, and you will be immediately deprived of your right to use the platform, with legal action taken against you.

 

Fourteenth: Payment and Financial Transactions Policy

1.               All prices of services offered on the platform are inclusive of Value Added Tax (VAT).

2.               Accepted financial transactions on the platform are made through the following official payment methods:

A.              Visa

B.               Mada

C.              MASTER CARD

3.               Please note that our platform operates according to a no-refund policy. Once the payment is processed, service fees or subscriptions cannot be refunded.

4.               The user is responsible for any fees imposed or that may be imposed on any financial transaction approved on the platform.

5.               The platform is not responsible for any financial losses resulting from using the platform. If you believe that there has been an erroneous transaction, please contact customer support immediately.

Fifteenth: Disputes and Applicable Laws

1.               These terms of use, their subject matter, and formation are governed by the laws and regulations in force in the Kingdom of Saudi Arabia. If any provision of these terms of use is held to be invalid or unenforceable under the prevailing laws and regulations in the Kingdom of Saudi Arabia, it will not affect the validity and enforceability of the remaining provisions on the users of the platform.

2.               Registering on the platform represents full acceptance by the user and acknowledgment of the obligations arising from the use. In the event of any dispute or conflict regarding the implementation of these terms of use, it will be resolved by referring to the competent judicial authority in Riyadh.

Sixteenth: Language

The Arabic language is the primary language for using the platform and benefiting from all materials published on it. Translating any of these materials is intended to provide an added service. Therefore, no reliance is placed on the available translation in interpreting any disputes concerning the content of the platform, but rather the Arabic language is the reference.

Seventeenth: Communication Methods

1.               Users can communicate with customer service regarding any matters related to the platform or its services, including, but not limited to, general inquiries, suggestions, claims, or disputes, by contacting the customer service center via email (......).

2.               All notifications and messages from the platform will be sent to the address registered in the user's account, and such notifications will be officially considered as received, whether electronically, by mail, or manually. They will be effective from the date of dispatch.

3.               Users must promptly inform the service provider of any changes or modifications to their address or information.