WEBSITE TERMS & CONDITIONS OF USE
PLEASE NOTE THAT THE ITMAM PLATFORM IS NOT A LEGAL SERVICE PROVIDER OR A LAW FIRM. ANY LEGAL SERVICES THAT MAY BE REQUIRED MAY ONLY BE MADE THROUGH ONE OF OUR REGISTERED THIRD-PARTY SERVICE PROVIDERS THAT FUNCTION INDEPENDENT OF ITMAM.
ALL AUTOMATED DOCUMENTATION, INFORMATION PUBLISHED ON OUR WEBSITE OR OTHERWISE IS GENERAL INFORMATION AND IS NOT LEGAL ADVICE.
WE SUGGEST THAT YOU OBTAIN LEGAL ADVICE FROM A REGISTERED LAWYER OR LEGAL CONSULTANT IN THE KINGDOM OF SAUDI ARABIA BEFORE USING ANY OF OUR DOCUMENTS.
- About the Website
- Welcome to Itmam for Information Technology LLC as hosted at itmam-ksa.com or any other website owned or operated by our company (Website). The Kingdom of Saudi Arabia’s (KSA) leading corporate service provider that specialises in providing cutting edge document automation services, contract assembly and smart contracts for Small & Medium Size Enterprises (Services).
- The Website is operated by Itmam for Information Technology LLC, access to and use of the Website, or any of its associated Services, is provided by Itmam for Information Technology LLC. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any of Services immediately.
- Itmam for Information Technology LLC reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Itmam for Information Technology LLC updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Itmam for Information Technology is domiciled in the Kingdom of Saudia Arabia and governed by local law.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. On the occasions where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
- About the Service
- Document automation is a service that allows users to create and automate their own business documents online using the technology offered on the Itmam platform.
- Subscription accounts are currently offered along with single purchases for one off documents. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time and may be governed by separate terms which apply specific to the account.
Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
- Acceptable use of the Service
- Any document automation services or online referrals to external third-party service providers, their related features, and website must only be used lawfully. Itmam for Information Technology LLC reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
- To engage in any act that would disrupt the access, availability, and security of document automation and other Itmam for Information Technology LLC services, including but not limited to:
- Tampering with, reverse-engineering, or hacking our servers.
- Modifying, disabling, or compromising the performance document automation or other Itmam for Information Technology LLC services.
- Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
- Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Itmam for Information Technology LLC.
- For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
- To stalk, harass or threaten users and any member of the public.
- To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Itmam for Information Technology LLC or any third-party
- To post, upload, share, or otherwise circulate content in violation of our policy.
- Security and Data Privacy
- Data Use
- Subscription to use the Service
- To access the Services, you may purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (Member).
- User is responsible for maintaining the confidentiality of his account.
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to personal identification numbers, commercial registration numbers and all types of licencing information.
- Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (User). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Itmam for Information Technology LLC; or
- you are a person barred from receiving the Services under the laws of KSA or other countries including the country in which you are resident or from which you use the Services.
Subject to the Terms, the Subscription Fee may be paid by all payment methods available on the Website and may change from time to time.
- Payments made during your use of our services may be made using third-party applications and services not owned, operated, or otherwise controlled by Itmam for Information Technology LLC. You acknowledge and agree that Itmam for Information Technology LLC will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understand and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for document automation services.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- You agree and acknowledge that Itmam for Information Technology LLC can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
- We accept online payment using Visa and Mastercard credit/debit card in SAR currency.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- Refund Policy
Please refer to Return & Refund Policy page.
- Copyright and Intellectual Property
- The Website, the Services and all the related products of Itmam for Information Technology LLC are subject to copyright. The material on the Website is protected by copyright under the laws of KSA and through any other applicable international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Itmam for Information Technology LLC or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Itmam for Information Technology LLC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained on the Website in
your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Itmam for Information Technology LLC does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Itmam for Information Technology LLC.
- Itmam for Information Technology LLC retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of Itmam for Information Technology LLC and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms.
- General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the KSA consumer laws (or any liability under them) as implemented by the Ministry of Commerce or any other KSA governmental authority which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Itmam for Information Technology LLC will not be liable for any special, indirect or consequential loss or damages, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services of these Terms (including as a result of not being able to use the Services or the late supply of the Services), as applicable in accordance with KSA law, under contract, tort (including negligence), subject to any Shari’ah principles as applied in KSA.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Itmam for Information Technology LLC make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Itmam for Information Technology LLC) referred to on the Website, including (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- the content of any contract or other business document for the avoidance of doubt, user takes all responsibility of use of our document content and acknowledges that a registered Saudi lawyer should review all documents before signing.
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy of any documents and compliance with Saudi law, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Itmam for Information Technology LLC; and
- the Services or operation in respect to links which are provided for your convenience.
- Limitation of Liability
- Itmam for Information Technology LLC’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the amount you have been charged for purchasing the services. Itmam’s liability is capped at that amount.
- You expressly understand and agree that Itmam for Information Technology LLC, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
The Terms will continue to apply while you use our documents or until terminated by either you or by Itmam for Information Technology LLC as set out below.
If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing Itmam for Information Technology LLC with 30 days’ notice of your intention to terminate; and
- closing your accounts where Itmam for Information Technology LLC has made this option available to you.
- Any notices should be sent, in writing, to Itmam for Information Technology LLC via the ‘Contact Us’ link on our homepage.
- Itmam for Information Technology LLC may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Itmam for Information Technology LLC is required to do so by law and
- the provision of the Services to you by Itmam for Information Technology LLC is, in the opinion of Itmam for Information Technology LLC, no longer commercially viable or for any other reason decided by Itmam for Information Technology LLC.
- Subject to local applicable laws, Itmam for Information Technology LLC reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Itmam for Information Technology LLC’s name or reputation or violates the rights of those of another party.
You agree to indemnify Itmam for Information Technology LLC, its affiliates, employees, agents, contributors, third-party content providers and licensors (as much as possible in accordance with the laws of KSA and Shari’ah principles) from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
- Within 365 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 365 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Saudi Centre for Commercial Arbitration or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
- The mediation will be held in Riyadh, KSA.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence in KSA
- Venue and Jurisdiction
The Services offered by Itmam for Information Technology LLC are intended to be viewed by KSA citizens or residents of KSA. In the event of any dispute arising out of or in relation to the Website that is not resolved by arbitration, you agree that the exclusive venue for resolving any dispute shall be in the courts of Riyadh, KSA.
- Governing Law
The Terms are governed by the laws of KSA. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of KSA without reference to conflict of law principles. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
We do not knowingly solicit data from or market to individuals under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]. After notification, we will delete such information from our files within a reasonable time.
By using any of our general automated forms, you confirm that you have read and that you approve of the above terms and conditions.