Terms of Service
ATK Services & Marketing. ("ATK", "we", "us" and terms of similar meaning) provides this web site (in these terms we call this site and any successor websites, and any software provided by ATK for use with the site, the "Site") to you subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully before using the Site or any of the software applications (“Services”) provided by ATK Services & Marketing. By accessing or using any of the software applications here, you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site. The term "you" refers to the user or viewer of ATK Web Site.
Acceptance of Agreement
Description of Service
ATK Services & Marketing provides an array of services for online software application usage including Human Resource Management, Payroll Management, and Hospital Information Management, Dental information Management, and other “Service” or “Services”. You may use the Services for your personal and business use or for internal business purpose in then organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your complete corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ATK has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ATK may terminate your user account and refuse current or future use of any or all of the Services.
The particular Service you purchase may limit the number of users ( or number of employees for the HR and Payroll Application) who may use the Service. You must not allow any additional users to use the Service. ATK Services & Marketing has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, ATK Services & Marketing may require you to immediately pay an additional service fee for such use.
ATK Services & Marketing can make and will endeavor to have the Service available 24 hours a day, seven days a week based on customer requirements and as per the agreement signed between ATK and the customer illustrated in the ANNEXURE “A” schedule of the agreement. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. ATK Services & Marketing may perform unscheduled maintenance at any time, but will do this outside of normal business hours where possible.
Communications from ATK
The Service may include certain communications from ATK, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and Payments
Subscriptions to paid Services are available on monthly and yearly subscription plans. A valid credit card is required for payments. A credit card is required to start a free trial, but no fees will be charged till end of trail period offered.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the ATK applications. Your credit card details are stored at a trusted and secure payment gateway used by ATK for payment processing.
If you subscribe to the Free subscription services under the "SHABAKA" Product offerings, namely "E-booking" or "E-booking-Plus", You agree to pay the incentive percentage fee against every patient booking that is made through the patient mobile apps "iSEHATI" directly to your clinic as a marketing fee. We are not entitled to any fee against any patient booking that is made to your clinic by other means than the mobile apps "iSEHATI". The marketing fee percentage against the service booked through "iSEHATI" is determined by a separate agreement which will be communicated directly to you and agreed upon before activating the service for you.
The Free subscription service has the Ad banner activated where we are entitled to publish only Healthcare professional related content. This banner can be used also by you to broadcast your internal messages or Ad against fees.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan starting from the next new month date. You will then be charged the full amount for the new plan you have selected and your next billing date will be adjusted accordingly. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay taxes you will be responsible for paying such taxes on top of the subscription fees.
Downgrading or canceling your account may cause the loss of access, content or features of the Service. ATK does not accept any liability for such loss.
All monthly subscription fees must be paid monthly or yearly in advance or in advance of a packaged plan of multiple months.
ATK reserves the right to bring changes in all the service fees, including but not limited to monthly/annual subscription plan fees, without any information. However no changes will be implied on agreed term and paid subscriptions for the agreed term duration.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.
Cancellation and Termination
You are solely responsible for the cancellation of your account. You can cancel your account at any time through the settings/subscription area of the application. Email or phone requests to cancel your account are not considered a cancellation.
All of your content and data will be deleted 60 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.
Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 40 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.
If you cancel your account before the end of your currently paid month, the Service will end immediately and you will not be charged again. You will not be entitled to a refund.
ATK Services & Marketing. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. ATK reserves the right to refuse service to anyone for any reason at any time.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Any unauthorized use of the Service is a violation of these Terms of Service and may breach Territory laws. Such violations may subject you or your staff to civil and criminal penalties.
Intellectual Property and data
ATK claims no intellectual property rights over the data or other material you provide through the use of the Service. You acknowledge that ATK owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
You consent to ATK transferring your data to third party IT providers, including our website host and back-up service provider, anywhere and globally to continue providing you the services.
ATK, ATK logo, HOMAM logo, ASNAN logo the names of individual Services and their logos are trademarks of ATK Services & Marketing. You agree not to display or use, in any manner, the ATK trademarks, without ATK’s prior written permission.
Limitation of Liability
- Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
- If there is any loss or damage to your data, your sole and exclusive remedy will be for ATK to use reasonable commercial endeavors to restore the lost or damaged data from the latest back-up of such data maintained by ATK.
- In no event shall ATK be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by ATK.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ATK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATK MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. HOWEVER AT THE TIME OF UNINTETIONAL INTERUPTION CAUSED AT ATK END BY FAILURES DUE TO INTERNET OR HARDWARE CRASH OR ANY OTHER UNCONTROLABLE CERCUMSTANCES, THE SERVICES SHALL RESUME IN THE TIME DURATION AS MENTIONED IN THE ANNEXURE “A”. THE DATA RECOVERY DUE TO SUCH INTERRUPTION SHALL ALSO BE AS PER THE DEFINED IN THE ANNEXURE “A”. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ATK, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT ATK SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ATK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ATK RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL ATK’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless ATK, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by ATK.
- You may not assign your rights in respect of the Service to any other person.
- ATK will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.
- If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
- ATK may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Kingdom of Saudi Arabia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Jeddah, Saudi Arabia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ATK may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
END OF TERMS OF SERVICE
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