Last Revised: April 12, 2021
- To be eligible to register for a customer user account (“Account”) with us, you must BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES AND MOBILE APPLICATIONS. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- Creating an Account. In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Road Café if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
- Information required. When registering for an Account, you will be asked to provide us with certain information including your name, mobile number, email address and geographical location, (collectively, “Personal Information”).
- Upon successful registration, we will provide you with an Account, accessible to you with a password of your choice.
3.Grant of license
- Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.
- You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Application in any way;
- modify, edit, copy, reproduce, create, attempt derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon the Application;
- reverse engineer or access the Application in order to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of the Application, or (iii) copy any ideas, features, functions or graphics of the Application;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any third-party;
- delete, alter or obscure the copyright and other proprietary rights notices on the Application;
- violate any applicable laws, rules or regulations in connection with your access or use of the Application;
- use the Application for any purpose for which it was not designed or intended;
- launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Application; or
- authorize or encourage any third party to do any of the foregoing.
4.Personal Data and Protection
- By using the Application and providing personal information to us, you agree that we may collect, use, process and disclose your personal information in accordance the provisions of this Section 4.
- You are under no obligation to provide personal information to us. However, if you choose to withhold the requested personal information, you may not be able to use certain aspects of the Application.
- We use the personal information you provide to: (a) deliver the Application and to enable us to provide you with the products, services and information offered through the Application which you request; (b) enable Service Providers to provide the Services; (c) administer your Account and communicate with you; (e) improve the Application and customize the content shown to you; (f) develop, operate, improve, deliver and maintain our products and services; (g) send you information which you may find useful or which you have requested from us, provided you have indicated that you do not object to being contacted for such purposes; (h) enforce this Agreement and other policies; (i) perform functions or services as otherwise described to you at the time of collection.
- We may share your personal information with: (a) Service Providers who may view certain information about you through the Application; (b) our affiliates and third party service providers who assist us in providing the Application and who perform certain functions on our behalf; (c) parties involved in a transaction involving the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal, or financing of our business or a portion of our business; (e) other parties if required to do so by law or if we believe that such disclosure is necessary to prevent fraud or crime or to protect the application or the rights, property or personal safety of any person.
- We have reasonable security measures in place to protect against the loss, misuse and alteration of personal information under our control. While we will use all reasonable efforts to prevent the loss, misuse or alteration of your personal information, you should bear in mind that submissions of information over the internet is never entirely secure. We cannot guarantee the security of the personal information which you submit through the Application while it is in transit over the internet and any such submission is at your own risk.
- if you have any questions or comments on our personal data protection practices, please contact us by email at firstname.lastname@example.org
5.Road Café Rewards Program
- If a User signs up for a Road Café account on the Sites, the User is, by default, opted in to receive promotional email communications from Road Café (“Email Communications”).
- The User may, at the time of sign up, opt out of receiving Email Communications from Road Café. Thereafter, the User may opt out of receiving Email Communications by adjusting the User’s profile settings in the User’s Road Café account via Road Café Rewards Application.
- Rights to Application. You acknowledge and agree that the Application and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Road Café. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Road Café and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in this Agreement and such rights are hereby reserved and retained by Road Café.
- Company’s Marks. You are not authorized by Road Café to use Road Café’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Road Café, which may be withheld for any or no reason.
- Infringement Acknowledgement. You acknowledge and agree that in the event of a third party claim against you that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not Road Café) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Road Café in writing of such a claim.
- We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Application. The Application and any information contained in or provided through the Application are provided on an “as is” and “as available” basis.
- We do not represent or warrant that: (a) the use of the Application will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (b) the Application will meet your requirements or expectations; (c) the Services which you received form a Service Provider would meet your medical needs or other personal requirements; (d) the quality of, information or other materials obtained by you through the Application will meet your requirements or expectations; (e) any stored data will be accurate or reliable; (f) errors or defects in the Application will be corrected; or (g) the Application or our servers are free of viruses or other harmful components.
- All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
- Your use of and reliance upon the Application and any information contained in or provided through the Application is at your sole risk and discretion.
- The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
9.Limitation of Liability
To the fullest extent permissible under applicable Saudi Arabia law, in no event shall Road Café be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Agreement, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.
You agree to indemnify, defend, and hold harmless Road Café , its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with: (a) your access and use of the Application; (b) use of your Account other than in accordance with this Agreement; (c) your use of the Services; (d) your dealings with the Service Provider; (e) your breach of this Agreement; (f) your violation of law; (g) your negligence or willful misconduct; (h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
11.Modifications to, or Discontinuation of, the Application
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Application or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion thereof.
Road Café’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
- The expiration or termination of this Agreement shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such expiration or termination.
13.Governing Law and Arbitration Clause
- Governing Law; This Agreement shall be governed by and construed in accordance with the laws of Saudi Arabia without regard to its conflict of law’s provisions.
- Dispute Resolution. Any dispute, actions, claims arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the current Saudi Arabian Arbitration Law, and the rules of the Saudi Center for Commercial Arbitration (“SCCA”), (the “Rules”) which Rules are deemed to be incorporated by reference into this Section. The number of arbitrators shall be one appointed in accordance with the Rules. The seat, or legal place, of arbitration shall be Riyadh, Saudi Arabia. The language to be used in the arbitral proceedings shall be English, unless otherwise determined by the appointed Arbitrator.
by email: email@example.com
by phone: 966 11 4659224
by mail: Address: King Saud Rd, 6A, Bldg.#10 Almaather Housing Project
Al Olaya, Riyadh, Kingdom of Saudi Arabia