Terms & Conditions
1. These terms
1.1 These terms apply to clients of (Operate), an information technology company specializing in providing services related to the daily computerized operation, automation, and digital organization of the restaurant and cafe sector in all its types and forms. These terms also apply to all other servi ces provided by the aforementioned company company.
1.2 These terms and conditions are established within the standards that ensure their easy and straightforward understanding. Therefore, it is requested that clients carefully read and fully comprehend the content and meaning of these terms and conditions before commencing the use and benefit of the services provided by (Operate) company. The company reserves its legal right to make any amendments, which may include the cancellation of certain terms, addition of new terms, or modification of existing terms. It is the responsibility of the esteemed clients to continuously and peri odically review these terms and conditions. The ongoing use and benefit of the services provided by us imply, by default, the legal acceptance and commitment to these terms and conditions. In the event of non compliance, the client is obligated to refrain from using any of the services offered by the aforementioned company if they do not agree to any of these terms and conditions.
2. The right of (Operate) to make amendments.
The company Operate has the right, at any time it deems appropriate, to make any modification or improvement to the services it provides to clients. Such modifications or improvements may involve adding certain features and services for clients, removing some or all of those services and discontinuing them, or modifying the previously provided services and features, all at the discretion of the management of Operate and as they deem suitable in this regard. It should be noted that these terms and conditions, in their current formulation or any other form, do not indicate the company mentioned above's commitment to the continuous provision of these services. Additiona lly, they do not signify the company's commitment to providing post contractual services, including technical support, for example.
3.Payment Method
3.1 After reading and understanding these terms, and agreeing to them, the client will proceed to the contract document, which will be attached to these terms and will be presented to the client upon agreeing to the terms and conditions. Through this, the client will understand the payment method for subscription fees.
3.2 After the client's approval of th this document, they are required to promptly pay the subscription fee for our services, according to the payment methods we provide to our valued clients. In this case, the company will be obligated to provide its services to the client who has completed the p ayment procedures within one month from the payment date, unless the impediment to service provision is due to the client's technical readiness or any other client related reason reason, The annual subscription will be autom atically renewed if the client continues to use the services we provide, with the requirement to pay the subscription for the new year by a maximum of one month from the expiry date of the previous subscription. Otherwise, we reserve the right to terminate the service for the client.
4. Registration and Account Creation
When the client registers on our website to create an account, they will be deemed to have expressly agreed to assume full responsibility for the accuracy of the data provided and entered into the fields of our registration forms. The client is required to take all necessary precautions to safeguard the account passwords, bearing legal responsibility for any loss or unauthorized use of the account by an unauthorized person. Furthermore, the client will be held accountable for all transactions carried out on their account. Lastly, the client commits to the financial obligation of paying the subscription fee for our services.
5. Client's Duties and Commitments
5.1 The client must appoint or authorize one or more of its employees for the purpose of representing the client before us regarding the authority to manage the application and communicate with us during the contractual period concerning the services, we will provide to the client within the framework of the contractual relationship established between us us.
5.2 The client is obligated to pay the subscription fee for our services on the specified due date.
5.3 The client is committed to maintaining the confidentiality of their data.
5.4 The client is committed to providing all the necessary technical requirements and conditions to receive our services.
5.5 The client bears full responsibility for any damage resulting from their misuse of our website or our dedicated application.
6. Termination of the Contract
6.1 The subscription period for our services is one Gregorian calendar year, commencing from the date of the client's notification of acceptance of the terms and conditions of the contract and to pay the annual subscription fee. In any case, the subscription to our services will be automatically renewed if the client continues to use and benefit from our services, provided that the client pays the subscription fees for the new year within a maximum period of one month from the expiry date of the previous subscription. The contract between us and the client terminates if the client does not wish to continue receiving the service or renew the annual subscription as indicated above above.
6.2 Consequences of Account Termination
Upon the client's cancellation of their account, the account will be deleted or deactivated from our servers, resulting in the complete termination of the client's rights under these terms. All client data stored with us will be deleted without any respons ibility on our part for the loss of this data. The client shall not have the right to request the recovery of this data or seek compensation for any damages resulting from the account cancellation.
7. The Client's Right to Refund of Subscription Fee
The client is entitled, within one month from the date of their acceptance of the price quotation document and payment, to request a refund of the subscription fee. This request must be submitted in writing through our designated communication channels and should include the reasons for the client's decision to cancel the subscription and request a refund, along with the client's complete information, including full name, business details, and banking information, especially the International Bank Account N umber (IBAN). Subsequently, we will assess the refund request and reserve the right to accept or reject it based on the circumstances of each case.
8. Company's Obligations
8.1 The company commits, after contracting and during the previously mentioned period, to commence providing services to the client in accordance with the highest standards of quality and speed that we strive to deliver to our clients.
8.2 The company undertakes to train the person designated by the client on the use of our website and our dedicated application.
8.3 The company commits to providing benefits, currently represented by the digital automation of daily operations, as well as the computerization, management, and automation of daily operational issues for resolution purposes, aiming to offer the best service to the client's customers. Additionally, the company undertakes to establish an information and knowledge center dedicated to storing all the client's business data and employee information in a manner that ensures the client can review this data easily and promptly.
9. When is the company entitled to terminate the contract
9.1 In the event of the client's violation of any clause of this document (terms and conditions).
9.2 The client's non compliance or breach of any of the obligation’s incumbent upon them.
9.3 The client's failure to comply with the payment of the specified annual subscription fee to avail themselves of our services.
9.4 Failure to provide complete and accurate information required for subscription or providing false data.
9.5 Your business establishment's non alignment with the services we provide.
9.6 Any other reason that may prevent us from providing our services.
10. If the services provided to the client are terminated based on the reasons stated in clause 9, it shall be the responsibility of the company to notify the client prior to the date of service cessation by one month, considering the possibility of refunding the subscription fees to the client in cases beyond their control and consent, and subject to the company's approval of refunding the fees.
11. User Content
11.1 The information provided by the user (client) and registered with us for the purpose of delivering the service to you, including the client's business information and establishment details entered by them, which they input daily using our technical tools, is solely owned by the client. Our use of this information does not imply any ownership or right to dispose of it; rather, it is to enable us to provide the best service to you. Therefore, it is the responsibility of the client to protect and preserve their content, and to prevent any unauthorized access to it by any other party, in order to avoid exposing your interests to damage for which the company bears no responsibility.
11.2 It is worth noting that when the client allows us to use their commercial content and all their information, our sole purpose is to provide our services to the client based on the content they have provided to us and allowed us to access. In all cases, the intellectual property rights to the client's content belong solely to them, and we have no ownership rights over it.
11.3 By consenting to allow others to use your content, you implicitly agree to permit us to provide this content to third parties within the scope of the contractual relationship between us and you. However, in all cases, we do not assume any responsibility fo r any misuse of the mentioned content.
11.4 Operate reserves the right to use your trademark and trade name and your logo on our websites, pages, and social media accounts, as well as in shopping exhibitions and marketing, for example, in a manner that reflects you as part of our family and a client of ours, for the purpose of marketing our services to other potential client s who may contract with us similar to you
12. Our Intellectual Property Rights
All services we provide, features granted to you, our trade name, and our reputation, along with any content pertaining to the company, are owned by us. You are not entitled to exploit any part of our content without prior permission, subjecting yourself t o legal action and potential claims for damages against any harm incurred by us as a result.
13. Compliance with the law is required.
By agreeing to the terms of this document (the Terms and Conditions), you are obligated to adhere to the laws applicable to our contractual relationship. Therefore, you must refrain from using the company's content (our intellectual property) or our services or technological tools for purposes that violate the law or for fraudulent purposes. Moreover, you are prohibited from using our services in a manner that could harm or endanger us, or harm or endanger our other clients, or negatively impact our business.
14. The applicable law and jurisdiction
The Saudi Arabian law is the law applicable to our contractual relationship, and the Saudi commercial courts are the competent courts for any dispute between the parties to this contract.
15. Privacy Policy
Kindly, after agreeing to the terms and conditions, the valued customer is requested to review the privacy policy of Operate Company.