Terms & Conditions and Privacy Policy

Definitions

The following terms shall have the meanings set forth below:

1. 1- “The Service Provider”, or” The Provider”: Means the Service owned and operated by Target BST Company for Information Technology CR number: (1010733913). An active company operating under Saudi Arabian laws. The company's headquarters is based in Riyadh: 2611 Prince Muhammad Bin Abdulaziz Road - Olaya, Riyadh 12222 - 8045, Kingdom of Saudi Arabia.
2. 2- “Cloud Computing Nodes”: Means any agreement between the cloud computing service provider and the subscribers for the purpose of providing the services.
3. 3- “ERP Target website”: Referred to in the entire agreement as “The website”, or” The Site” is the official website of the service provider, that includes information, video, and audio files introducing the service, and describing its features, using instructions, subscribe, and access to the subscriber's login page.
4. 4- The “service(s)”: This means the platform is operated by the service provider, and it contains the services of the enterprise resource management software based on the cloud computing model characteristics and features mentioned on the website of the service.
5. 5- “Optional Services”: Means any additional service of the ERP Target stipulated on the site, such as configuration, installation, or training.
6. 6- “Subscriber(s)”: Any individual(s), or entity and their affiliates authorized by the service provider to use the service according to the subscription package.
7. 7- “Visitor(s)”: Means any individual(s), entity (or entities), or a non-subscriber who/ or enters and browse the services or the website.
8. 8- The “Use”, “Using”: Means accessing the Services to benefit from the usage of its functions contained therein, including financial management, accounts, human resources management, sales management, purchasing management, warehouse management, etc. As specified in the chosen package.
9. 9- “Personal Data”: Any statement of data (regardless of its source or form) that may identify an individual particularly, or to identify the individual directly or indirectly, including without limitations name, personal identification number, addresses, contact numbers, licenses numbers, records, personal property, bank account numbers, and credit card numbers, images of the individual whether still or motion images or any other data of a personal nature.
10. 10- “Service Data”, or “Cloud Data”: The databases, information, and records added by the Subscriber into the Service Provider's systems or services.
11. 11- “Affiliates”: Means without limits all the party’s employees, delegates, agents, subsidiaries, affiliates, or whoever acts on behalf of the relevant party.

Clause (1): Term of the Agreement

The Subscription starts upon acknowledging and consenting to this agreement, and the agreement stays enforceable as long as the subscription is being paid, or the continued access or use of the Services by the subscriber(s) or visitor(s).

Clause (2): Subscription and Payment Method

1. 1- To Subscribe and use any service provided, then it will be through entering the site and selecting one of the options “subscribe”, “add”, “renew” or “upgrade”, whereupon the subscriber agrees to pay the annual fees promptly to the service provider as specified in the service description stated on the website.
2. 2- The fees will be deducted promptly once choosing one of the options: “subscribe”, “add”, “renew”, or “upgrade” to cover the chosen service package subscription. Additionally, all canceled subscription fees will not be refunded.

Clause (3): Renewing

The Subscription is not automatically renewed. Thus, The Subscriber(s) must log in from the website to renew the annual subscriptions depending on their package and the chosen payment methods on the website.

Clause (4): Security Precautions

The service provider takes all necessary procedures to protect the website and services safety, thus the Subscriber(s) and Visitor(s) shall undertake the following:

1. 1- Take place the necessary security precautions to prevent access to their accounts in the service by unauthorized persons, and ensure that no information is provided to others, including, but not limited to preventing the sharing of logins, usernames, passwords, or information about the payment method related with their accounts. The service provider hereby shall not bear any liability or damage due to the subscriber(s) failure to take the necessary precautions to protect their information.
2. 2- It is prohibited under any circumstance to attempt unauthorized access to the website and services whether directly or indirectly by carrying out actions such as without limitation copying, modifying, leaking the services, modifying its design, destructing it, occupying its address, or obstructing or jamming access, or disrupting or violating by any method.
3. 3- The subscriber(s) shall be solely liable for any activity that occurs through his account.
4. 4- The subscriber(s) shall notify the service provider promptly of any infringement or hacking of his account.
5. 5- The subscriber(s) or visitor(s) bears sole liability in the event of any infringements, abuses, or damages to their accounts or devices. Nevertheless, the service provider recommends fixing all bugs or installing and updating the latest versions, hardware updates, and protection programs for the devices.
6. 6- The service provider reports cybersecurity incidents in accordance to the Saudi cloud computing regulatory framework issued by the Communications and Information Technology Commission.

Clause (5): Technical Support

During the subscription, the service provider will provide technical support for the subscriber(s) during the working hours announced on the site as the service provider deems appropriate, and therefore the support includes:

1. 1- Assisting the subscribers, identifying their issues, and assisting in resolving them, whether technical or otherwise.
2. 2- Adding updates, improving, or modifying the Service.

Clause (6): Maintenance

The subscriber(s) consents that the service provider will carry out the necessary maintenance including upgrades, adding new features, updates, and backups, or sealing out security gaps (if any). Nonetheless, this may cause a closedown of the service, and the maintenance period will be notified accordingly, depending on the type and length of the maintenance.

Clause (7): Training

1. 1- Training is an optional service upon request. Consequently, Training sessions will be scheduled based on the type of training specified on the site.
2. 2- The subscriber(s) shall inform the service provider when they are unable to attend the training on the scheduled date and the subscriber(s) must request for rescheduling of the training date at least within twenty-four (24) hours prior to the scheduled date. If the subscriber(s) does not commit to the rescheduled date, then the rescheduled date will be considered among the completed training sessions.
3. 3- The Service Provider does not provide training at his premises, nor does the service provider provide training at the subscriber(s) premises, and the service provider is entitled to refuse such a request. Although, the service provider can provide it virtually.

Clause (8): Erasing The Cloud Data

1. 1- If the subscription has not been renewed, the service provider is entitled to erase all the cloud data after six (6) months from the subscription date of expiration.
2. 2- When subscribing to the trial package, the data will be erased promptly after the trial period ends.

Clause (9): Intellectual Property and Commerce Names Rights

All contents, materials, artworks, graphics, logos, images, texts, commerce names, and trademarks in the Services and the Website are exclusively registered property of Target Best Information Technology. Whereas it shall not be used and infringed by anyone, or any of the following:

1. 1- Innovations Including but not limited to: Intellectual innovation, regardless of their type, means of expression, importance, or purpose of creation Such as but not limited to computer software, cloud services, technical engineering, etc… .
2. 2- Intellectual property Including but not limited to: Intellectual Property Rights (whether registered or not) linked to the Services. The Service Provider retains ownership over his services regardless of whether they are being sold or offered, and they shall not be modified, reverse-engineered, removed, interfered with, or altered in any way, or in any form, nor on the software, the source code, the audio, the video, animation, texts, graphics, logos, tools, images, illustrations, subscriber(s)-added API, dashboard(s), management tools, and the service provider's proprietary graphical interface(s), copy, reproduce, distribute, modify, upload, publish, transmit, or print by a paper form or electronically, and wholly or partially, or in any form or by any other means.

Clause (10): Disclaimers and Warranties

1. 1- The Service Provider disclaims himself of any warranty and liability whatsoever towards others, expressly or implied, wholly, or partially, including but not limited to any warranty of merchantability, or intellectual property rights and trade names.
2. 2- In no event Target BST Information Technology shall be liable to any party for any direct or indirect consequential damages, including but not limited to damages arising from business loss, bankruptcy, lost profits, or damages affecting goodwill and reputation, stoppage, and interruption of business, indirect or consecutive financial losses, special or punitive damages, whether because of a contract violation, warranty, damage, or otherwise.
3. 3- The service provider shall not be liable nor guarantee against any malfunctions or errors caused by improper use of the services, errors caused by the subscriber(s) or the visitor(s) and their affiliates, or any other grounds not attributable to the service provider.
4. 4- The service provider shall not warrant the Website, Services, or e-mails sent to or from it that are free from viruses or other harmful content. Therefore, The Service Provider shall not be liable for any damage of any kind arising during the use of the Services and the Website.
5. 5- The service provider shall not bear nor warrant any liability for delays, interruption in service, issues with the network, electronic communications, World Wide Web, or for any grounds beyond the control of the service provider.

Clause (11): Indemnification

The subscriber(s) or Visitor(s) and their affiliates hereby shall be liable and indemnify Target BST Co and its Affiliates. Accordingly, indemnifications shall be made against and from any of the following:

1. 1- All damages, claims actions, or orders in connection with or in grounds of the implementation, delivery, or use of the website and the service.
2. 2- Any breach of any obligations, warranty, or undertaking made by the Subscriber(s) or Visitor(s) and their affiliates in this Agreement.
3. 3- Any negligence or willful misconduct by the subscriber(s) or Visitor(s) or their affiliates.
4. 4- Any third-party claim relating to the obligations of the subscriber(s) or Visitor(s) in grounds to this Agreement.
5. 5- The subscribe(s) or Visitor(s) shall protect and indemnify the service provider, and his affiliates, from and against claims, damages, verdicts, expenses, and losses (including attorney’s fees) arising from infringement or alleged violation for any patent and intellectual property, trade names, or any of the rights stipulated in this agreement in connection with any of the services provided and the website. Furthermore, The Subscriber(s) or Visitor(s) shall defend or settle any case for the service provider or defend any case filed against The Service Provider or any of its affiliates by The Subscriber(s) or Visitor(s) own expense. In addition, the subscribe(s) or Visitor(s) will be notified in writing of the commencement of such cases or proceedings, and they will be given permission, information, and assistance by the service provider for the defense thereof.

Clause (12): Modifications

The term “Modifications”: Means any change, amendment, appendix, deletion, swap, or update to the Service or the Agreement, regardless of the effect of such a modification.

1. 1- Every so often, The Service Provider is entitled as he deems appropriate to modify any part of the agreement. As a result, the modifications will be announced on the site or by email, in addition, the subscriber(s) and visitor(s) shall be required to review and consent to these modifications for using or browsing the site.
2. 2- The subscriber(s) and visitor(s) shall be liable for not reviewing any of the modifications to this Agreement periodically.
3. 3- Every now and then, The Service Provider adds some additional features and traits to the site or the service itself, such as new functions, tools, content, or reports. All such features and traits are subject to the terms and conditions of this Agreement.

Clause (13): Conveying business and assignment or waiver of subscription

Clause (14): Termination

Except as otherwise specifically set out in this Agreement in clause (1) and (3), the subscription terminates as follows:

1. 1- If The Subscriber(s) decide to cancel their subscription, they can either stop paying the subscription or inform The Service Provider directly via the website. If this occurs, The Subscriber(s) data will be erased as stipulated in Clause (8).
2. 2- In the event that either the Service Provider or the Subscriber(s) decides not to renew the subscription, either party has the right at their sole discretion following the expiration of the subscription, to notify the other party of his intention. Therefore, the service provider may, at his sole discretion, grant the subscriber (30) thirty days to copy the data if the subscription is not renewed.
3. 3- All provisions of this Agreement that continue due to their nature shall remain in full force and effect after the termination or expiration of the agreement, including but not limited to Indemnifications, warranties, disclaimers of liability, and intellectual property and tradenames.
4. 4- In the event of breaching this agreement, The Service Provider is entitled (at his sole discretion) to cancel the subscription and delete the subscriber's data.

Clause: (15) Miscellaneous

1. 1- The service provider has the right to refuse any services violating the laws and regulations or for any other grounds attributed to the service provider.
2. 2- The Service Provider will provide cloud services free from material software errors and operate effectively, noting that cloud services may not be completely free from technical errors.
3. 3- Notwithstanding to Clause (9), the two parties (The service provider and the subscriber), acknowledge that neither of them may use the trademarks of the other party except to announce the fact he is a contractor with the other party to provide the service.
4. 4- This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon either Party. Neither Party shall have any right, power, or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of.
5. 5- The subscriber(s) acknowledges and consents that the service provider provides the services to third parties who may be competitors to the subscriber(s), and that these third parties are entitled to access the service provided by the service provider.
6. 6- This Agreement shall not construe or transfer to any party any intellectual property rights, trade names, patents, and copyright rights proprietary to the service provider, which shall remain exclusive and remain the property of the service provider.
7. 7- The subscriber(s) or visitor(s) undertakes the responsibility for providing their own devices, as well as subscribing to the Wi-Fi at their own expense, to enter the site and services and manage their account, in addition, it shall not be the responsibility of the Service Provider for any consequences arising from the failure in this regard.
8. 8- The subscriber undertakes not to violate public morals and regulations in Saudi Arabia and to take the necessary care while benefiting from the services.
9. 9- The subscriber and visitor undertake not to take any action or abstain from it, with the intent of harming The Service Provider and its affiliates or its services or harming its reputation in any way. Otherwise, The Subscriber and Visitor must compensate The Service Provider for all expenses and damages that can be estimated at the time of the harmful action. This compensation may be determined by the competent court.
10. 10- This agreement is subject to the General Rules Policy and Regulations for Transfer of Personal Data Outside The Kingdom issued by The Saudi Data & AI Authority, Version (1) - 5/5/2020.
11. 11- This agreement is subject to the Children and Incompetents’ Privacy Protection Policy and Regulations issued by The Saudi Data & AI Authority, Version (1) - 5/5/2020.
12. 12- This Agreement does not grant anyone any right or constitutes the grant of a license, under any rights of the services, or any such rights owned by the service provider.
13. 13- This Agreement is written in the Arabic and English languages, In the event of any dispute Arabic language version shall prevail.

Clause (16): Disputes and Applicable Law

This Agreement is subject to the provisions of the cloud computing regulatory framework "the Regulatory Framework" version (3) issued by the Communications, Space and Information Technology Commission for all that is not specifically mentioned herein.

In the event of any disputes arising out of this agreement, it shall be governed and interpreted by the Kingdom of Saudi Arabia's laws and regulations, and the jurisdiction shall be before the courts and committees located in the service provider's geographical location.