Terms and Conditions
1. These Terms and Conditions are Legally Binding
Digital Rivers Information Technology (referred to as NSIC) owns and operates the NSIC services (referred to as the Service). Your use of the Service is expressly conditioned on your acceptance of these NSIC terms and conditions (referred to as the Terms and Conditions). By using the Service, you unconditionally agree to be legally bound by these Terms and Conditions. No other terms or conditions of any kind contained in any document, writing, or other communication from you to NSIC or its employees, representatives, or agents regarding the Service shall be binding on it.
2. Changes to the Agreement or NSIC Services
NSIC reserves the right to change these Terms and Conditions at any time. These changes will be effective and legally binding on you when posted on our website for the Service or when we make reasonable efforts to notify you by other means. Please review these Terms and Conditions periodically for the latest changes. Your continued use of the Service after the revised Terms and Conditions are posted on this site or otherwise brought to your attention means that you agree and accept to be legally bound by these changes.
Grant of Use Licenses
A. NSIC grants you a limited, non-exclusive, non-transferable right to use the Service under these Terms and Conditions, provided that you agree to the following:
1. NSIC may, at its sole and absolute discretion, without prior notice to you and without liability, refuse, prevent, suspend, or terminate your account(s) and/or your use of the Service if NSIC, in its sole discretion, believes that your use does not meet NSIC's specifications or guidelines, or which NSIC may consider inappropriate, illegal, or harmful to its interests. If NSIC exercises its absolute discretion under paragraph 3.1(A), it will not be liable for any refund of any of your prepaid subscriptions, if any. Without limiting or waiving any right against you that NSIC may have under law or these Terms and Conditions with respect to any inappropriate, illegal, or harmful use, NSIC reserves the right to deduct any costs, damages, or expenses it may incur in connection with such inappropriate, illegal, or harmful use from your unused prepaid subscriptions, if any, or to claim the same from you in any other way.
2. You agree to comply with any policies or guidelines that NSIC may provide or modify from time to time. NSIC's policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, and may be modified by NSIC, in its sole discretion, from time to time.
3. You agree that you will not grant access to or provide any part of the Service to any third party; whether to modify, disable, or interfere with the Service or the servers or networks supporting it, either manually or through the use of scripts, viruses, or mobile viruses; or to reproduce, copy, clone, disassemble, sell, trade, or resell the Service; or to overload the systems used by NSIC to provide the Service
4. NSIC may, in its sole and absolute discretion and without prior notice to you, modify, suspend, change, or withdraw the Service and/or the Terms and Conditions and/or the Website at any time and from time to time
5. You are solely responsible for your use of the Service and shall indemnify NSIC for all losses, costs, and damages incurred in connection with any claims by third parties against NSIC related to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that NSIC may provide from time to time
6You hereby acknowledge, represent, and warrant to NSIC that at all times, (a) you have all rights, consents, licenses, and permits that may be necessary or desirable for you to use the materials, graphics, logos, videos, data, or information that you input into the Service (if applicable) (hereinafter referred to as Your Content) in the manner and for the purpose for which you use Your Content; (b) all of Your Content complies with all applicable laws and regulations and does not violate the rights (including, but not limited to, intellectual property rights) of any third party.
7. You acknowledge and warrant to NSIC that you have full rights of creation, influence, and authority to agree to these Terms and Conditions and to perform the obligations you have agreed to, and that doing so does not and will not violate any agreement or obligation you are bound by, or any applicable law, rule, or regulation
8. You hereby agree that NSIC may, but is not obligated to, use your name and refer to you as a user of the Service in any advertising, press release, or promotional or marketing materials worldwide and using any form of media. If you wish to use or display NSIC's trademarks or mention NSIC in any publication, website, press release, or in any other way, you must obtain prior written consent from NSIC
9. You agree that you are solely responsible for obtaining or providing any hardware or software you may need to access and use the Service, and for any damage or loss you may incur as a result of the operation of such hardware or software, including incompatibility with any platforms used by NSIC to provide the Service
10. You agree that NSIC is the sole owner and has the right to use any feedback you provide on the Service in any way, including improving existing products and services or creating new products and services
B. NSIC retains all rights in the Service not expressly granted to you in these Terms and Conditions.
C. You hereby agree to grant NSIC a worldwide, royalty-free, non-exclusive license to publish, modify, adapt, compile, host, and use (a) Your Content (including, but not limited to, reproducing in tangible form, publishing, performing, communicating to the public, and making modifications to Your Content) for the purpose of providing you with the Service, and (b) if NSIC provides any community forum for users of the Service to exchange user tips and post comments and opinions, and any comments, opinions, and other materials you
4. Payment Terms
A. By creating an account and subscribing to the Service or renewing your subscription to the Service, you signify your agreement to the following fees:
Fees for services or products you order: You agree to comply with any payment terms that NSIC may impose from time to time. You may be required to pay NSIC in advance and/or on an annual, semi-annual, quarterly, or monthly basis for your use of the Service. Your subscription may be automatically renewed upon expiration or near expiration at the subscription prices applicable at the time of renewal. Notwithstanding, even if there is a means for automatically renewing your subscription, it is your sole responsibility and not NSIC's to ensure that your subscription is renewed before it expires, otherwise your ability to use the Service will automatically terminate. NSIC may not give you prior notice of the automatic renewal. If NSIC is unable to effect such automatic renewal for any reason, your subscription will automatically terminate. For subscribers who choose to pay by credit card, the subscription fee for the renewal may be charged to the credit card on file unless NSIC is notified of the change or cancellation in writing using the tools or means provided by NSIC.
B. All amounts due to NSIC from you may be included in a quote excluding any Goods and Services Tax, or any other taxes that may be imposed on the subscription.
C. Fees imposed by NSIC: As such, you agree that NSIC may charge you and/or the credit card on file for any taxes or fees required by NSIC under any applicable law or regulation to be imposed on the subscription or fees.
5. Term and Termination
A. NSIC may terminate its relationship with you, without notice, if you violate or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service may also be terminated automatically upon the expiration of your subscription.
B. After termination, NSIC may, in its sole discretion, retain any data you have uploaded to its systems. However, you agree that other than any obligations expressly set forth in these Terms and Conditions, NSIC has no responsibility to you to maintain your user account or any of your data after termination, and you shall hold NSIC harmless and indemnify it from any fees, damages, or claims that you may incur in connection with the same claims or proceedings that you may face or be subject to in connection with the same.
C. If termination is due to your failure to renew your subscription in a timely manner, you may be able to reactivate your account and access your data if renewal is possible under these circumstances by NSIC. To do so, you may be required to pay any subscription fees or fees that NSIC may impose, including reactivation fees (if any), within any period that NSIC may determine, otherwise NSIC may permanently delete your user account(s) and any data you have uploaded to its systems.
6. Your Data and NSIC's Data and Storage and Transfer of Your Data and NSIC's Privacy Policy
A. You or your customers, partners, or collaborators, whichever applies, are the owner of any data you upload to the Service (hereinafter referred to as Your Data). You hereby agree that NSIC is the owner of all data other than Your Data, including any system-generated data and data generated by the Service or any aggregated data from data entered into the Service by all users of the Service on an aggregate basis (hereinafter referred to as NSIC Data). NSIC may use all NSIC Data in any way it chooses, including to improve or adapt its services, or to create or design new products and services.
B. You acknowledge and agree that the nature of the Internet is international and that NSIC has your express consent to store and provide access to your personal or confidential information, and user(s) and customer data, and to transmit and deliver such information over the Internet, which may involve transferring it across multiple jurisdictions.
C. NSIC's Privacy Policy, as it may be amended or updated from time to time, is incorporated into and made a part of these Terms and Conditions.
7. Your account(s) and password(s).
a. The responsibility for maintaining the security and confidentiality of any password(s) and user ID(s) issued by NSIC to you to access the Service rests solely with you and your authorized employees, representatives and agents. If you become aware of any unauthorized access to your account(s), or any misuse of your password(s) and user ID(s), you must activate the established process to disable your account(s) and/or reissue new password(s) or User ID(s) as quickly as possible.
B. You agree that you are solely responsible for the actions and omissions of the person(s) you nominate as user(s) or administrator(s) of your account(s) for the Service. You also agree that NSIC may accept instructions and requests from and communicate with such person(s) until and unless NSIC receives notice that such person(s) is no longer a user(s) or administrator(s), and such instructions and requests The Communications are valid and legally binding on you. Additionally, you are responsible for any and all use of your account(s) by anyone who possesses your user ID(s) or password(s).
C. NSIC may send you login information to the person or entity who registered, and it may include general names and passwords, as the user must change passwords immediately upon receipt. Names and passwords are the responsibility of the account holder after receiving the login data. “NSIC” is not responsible for any sabotage or hacking resulting from neglect or delay in changing passwords, as protecting the account is the sole responsibility of the account holder.
8. Your compensation for NSIC
If NSIC and/or any of its affiliates (collectively, the “Indemnified Parties”) take any action to enforce any of the Terms and Conditions, you agree to indemnify and hold harmless the Indemnified Parties and their respective affiliates, officers, directors, and employees. and Agents from and against any and all claims, losses, costs, expenses, causes of action or demands, including reasonable legal and accounting fees, arising out of and relating to your use of the Service, and any and all violations by you of these Terms and Conditions.
9. Service Level Agreement
The Service Level Agreement attached to these Terms and Conditions is incorporated into and forms part of these Terms and Conditions. No Warranties Unless expressly stated herein, to the maximum extent permitted by law, NSIC makes no warranty or representation of any kind with respect to its Website, the Service, the products or services available on this Website and/or any All of the materials on this website are provided on an “as is” basis. NSIC does not guarantee the accuracy, completeness, currency or reliability of any content or data on the Service or this Website. NSIC EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS REGARDING THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARISING BY STATUS OR OTHERWISE IN LAW OR By way of dealing or using trade to the fullest extent permitted by the laws of the Kingdom of Saudi Arabia. “NSIC” does not warrant that the Service, this website, its servers, or any e-mail sent from “NSIC” are free of viruses or other harmful components. For the avoidance of doubt, NSIC does not guarantee the effectiveness of the Service.
NSIC assumes no responsibility for the security, confidentiality or privacy of communications and/or data transmitted over the Internet and makes no warranty (and expressly excludes any and all express or implied warranties) that the provision of the Service will be free from errors or loss of content, data or information. In addition, NSIC will not be responsible for any compatibility issues with Customer's computers or other applications or software on any computers using the Service.
10. Limitation of liability
To the maximum extent permitted by law in no event will NSIC be liable for any damage, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, loss or losses whether BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTORY, OR OTHERWISE, ARISING OR IN ANY WAY CONTENT CONTAINED HEREIN, OR (ii) ANY FAILURE OR delay (including, without limitation, the use of or inability to use any component of the Service or this Site), or (iii) performance or non-performance by NSIC even if NSIC has been advised of the possibility of Damage to these parties or any other party.
Notwithstanding the foregoing, if NSIC should be liable for any loss or damage arising out of or in any way connected with any of the above-described functions or uses of this Website, the Service or its Content, to the fullest extent permitted by law, you shall not In no event shall NSIC's aggregate aggregate liability exceed the value of the monthly subscription for the Service paid by you or (1,000) Saudi Riyals (one thousand Saudi Riyals in writing), whichever is less. Furthermore, NSIC's liability to you in contract, tort, negligence, strict liability, statute or otherwise will be reduced to the extent, if any, that you have contributed to the loss or damage.
11. Force majeure
NSIC assumes no responsibility and is released from all contractual obligations and liabilities (for example for damages) if its performance of these Terms and Conditions is affected by a Force Majeure Event. For the purpose of this clause, the term “Force Majeure” means and includes any event that was not within NSIC’s control, or that In reasonable anticipation of, including, but not limited to, any natural disaster such as thunderstorm, flood, storm, fire, national emergency, strike or similar labor action, or unavailability of the Internet due to reasons beyond NSIC's control.
Thank you for taking the time to understand our terms and conditions.