Please read the following Terms of Use that govern the usage of TAWAL’s
Systems carefully before accessing or
using the System. By accessing or using the System, you agree to comply
and adhere to these Terms of Use and any
other policies or guidelines implemented by TAWAL. If you do not agree
with the Terms of Use, please do not use
the System. If you accept to be bound by such Terms of Use, please click
"agree" or “accept”. Please note that by
clicking "agree", “accept” or using any of the Systems, you confirm your
acceptance of these Terms of Use and to
be fully bound to it.
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. Definitions:
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. “Account” refers to a User account
created by a User for accessing or using certain features or
services on the System.
-
. “Content” refers to (i) any text,
images, videos, audio, logs, metadata, and any other
materials posted or published by TAWAL at the System, and
(ii) any data, information, and/or documents uploaded or
submitted by a User on the System.
-
. “Data” refers to any information,
including Personal Data and Content, that is collected,
stored, or processed by TAWAL through the System.
-
. “Feedback” refers to the meaning
stated under sub-clause 19.1 hereto.
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. "Intellectual Property" refers to
all copyrights, trademarks, patents, trade secrets, and
other intellectual property rights, whether registered or
unregistered.
-
. “Personal Data” refers to any
personal information relating to an identified or
identifiable natural person, including User personal
information (i.e., names, contact information, usage data,
etc.) as further defined by the applicable Saudi Personal
Data Protection Law (PDPL).
-
. “System” refers to any of TAWAL’s
websites, platforms, software, applications, and systems
that can be accessed or used by the User.
-
. “TAWAL” refers to Telecommunications
Towers Company J.S.C., a Saudi company incorporated
pursuant to the laws of the Kingdom of Saudi Arabia and
registered under commercial registration No. (1010933182),
having its address at TAWAL Tower, Building No. 3210,
Al-Thumamah Road, Al-Sahafah District, Riyadh 13315 – 6228,
the Kingdom of Saudi Arabia, the owner and operator of the
System.
-
. “TAWAL Contact Details” refers to
the meaning stated under sub-clause 20.1 hereto.
-
. “Terms of Use” refers to the terms
and conditions stated herein that govern the use and access
of a User to the System, including any modifications,
amendments, or updates made by TAWAL to such Terms of Use
from time to time.
-
. “User” refers to any individual or
entity that interacts with or accesses the System, including
developers, end-users, and other authorized parties.
-
. USER RIGHTS AND RESPONSIBILITIES:
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. User Rights:
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. Access and Use: Users have
the right to access and use the System in accordance
with the Terms of Use subject always to the
applicable laws and regulations.
-
. Privacy: Users have the
right to privacy and data protection as outlined in
clause 4 hereto (Privacy Policy). TAWAL is committed
to protecting the Personal Data that Users share.
-
. Support: Users have the
right to contact TAWAL’s support team for assistance
with accessing or using the System and resolving any
issues they encounter. Support requests will be
handled in accordance with TAWAL's established
processes.
-
. User Responsibilities:
-
. Compliance: Users must
comply with all applicable laws and regulations when
using the System. This includes, but is not limited
to, laws related to intellectual property, data
protection, and privacy.
-
. Account Security: Users are
responsible for maintaining the confidentiality of
their Account’s credentials and for all activities
that occur under their Accounts. Users must notify
TAWAL immediately of any unauthorized use of their
Accounts.
-
. Prohibited Conduct: Users
must not engage in any activity that:
- . violates the rights of others,
including intellectual property rights and
privacy rights,
- . is illegal, fraudulent, or
harmful,
- . involves the transmission of
malware, viruses, or other harmful code, and
- . interferes with or disrupts the
System or its services.
-
. Content Standards: Users
must ensure that any content they post, publish, or
submit to TAWAL through the System:
- . is accurate and not misleading,
- . does not infringe the rights of any
third party, and
- . is not defamatory, obscene,
offensive, or otherwise inappropriate.
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. CONFIDENTIALITY:
-
. Confidential Information:
- . Users acknowledge that all information,
including all third-party information, provided or
disclosed to them from or through the System during
their access or use of the System (the “Confidential
Information”) shall be treated as
confidential and shall not be disclosed, shared, or
misused in any way.
- . Users shall not disclose any Confidential
Information to third parties without the express
prior written consent of TAWAL. Users must ensure
that any third parties who receive Confidential
Information are bound by confidentiality obligations
at least as stringent as those in these Terms of
Use.
-
. Obligations: Users shall maintain
the confidentiality of any Confidential Information accessed
or obtained through the System and use such Confidential
Information solely for the purpose for which it was
provided. Users shall take all reasonable measures to
protect the confidentiality of all Confidential Information.
-
. Exceptions: Users understand that
the obligations of confidentiality do not apply to
information that is publicly available or becomes known to
the public through no fault of the Users. Users also
understand that they are not obligated to keep confidential
any information that they can demonstrate was already known
to them prior to accessing or using the System.
-
. User Responsibility:
- . Users are solely responsible for any
unauthorized disclosure or use of Confidential
Information obtained through the System, and they
shall indemnify and hold harmless TAWAL from any
losses, damages, or liabilities arising from such
unauthorized disclosure or use.
- . Users must comply with all applicable data
protection and privacy laws when handling
Confidential Information.
-
. Duration: The obligations of
confidentiality outlined in this clause shall survive the
termination or expiration of the User's access to the System
and shall remain in effect indefinitely.
-
. Enforcement and Remedies:
- . TAWAL reserves the right to terminate the
User's access to the System immediately upon
discovering any breach of confidentiality. In such
cases, TAWAL is entitled to:
- . Pursue legal action against Users
who breach confidentiality to recover any
losses or damages incurred as a result of
such breach, and
- . Seek injunctive relief and/or take
any lawful preventive measures to prevent
any further unauthorized disclosure or use
of Confidential Information.
- . Users must immediately notify TAWAL of any
suspected or actual breach of confidentiality and
cooperate fully with any investigation.
-
. PRIVACY POLICY:
-
. Personal Data Collection: Users
acknowledge that TAWAL is entitled to collect and process
Personal Data from them both during the registration process
and while they use or access the System.
-
. Use of Personal Data: TAWAL uses
the collected Personal Data to provide and improve its
services, communicate with Users, and comply with legal
obligations.
-
. Personal Data Protection: TAWAL
implements appropriate technical and organizational measures
to protect Users' Personal Data against unauthorized access,
loss, alteration, or destruction.
-
. User Rights: Users have the right
to access, rectify, delete, and restrict the processing of
their Personal Data as outlined in the applicable laws and
regulations. Users can exercise these rights by contacting
TAWAL directly via TAWAL Contact Details.
-
. Data Sharing with Third Parties:
TAWAL may share the collected Personal Data with third-party
service providers essential to the operation of all TAWAL’s
services. All data sharing will be governed by applicable
laws and regulations and robust confidentiality agreements
to safeguard personal information.
-
. Data Retention and Destruction:
TAWAL retains Personal Data only for as long as necessary to
fulfil the purposes for which it was collected, comply with
legal obligations, resolve disputes, and enforce agreements
subject always to the applicable laws and regulations. The
destruction of Personal Data collected by TAWAL will be
conducted in accordance with applicable laws and
regulations.
-
. Prohibition on Unauthorized Use of
Content:
-
. Users shall not
- . Copy or paste any Content from the
System for any purpose not expressly
permitted by these Terms of Use,
- . Redistribute any Content from the
System to third parties or any external
platforms without the express prior written
consent of TAWAL, and
- . Reuse any Content from the System
for any commercial or non-commercial
purposes outside the scope of these Terms of
Use without explicit written authorization
from TAWAL.
-
. All use of Content from the System must be
in strict compliance with these Terms of Use and
applicable laws and regulations. Any unauthorized
use, including copying, pasting, redistributing, or
re-using Content, is strictly prohibited and may
result in termination of access and legal action(s)
-
. Data Breach Notification: In the
event of a Data breach that affects the Personal Data of
Users, TAWAL will notify the affected Users and relevant
authorities in accordance with applicable laws and
regulations.
-
. CHILDREN'S PRIVACY:
TAWAL does
not knowingly collect personal data from children under the age of
13 without verifiable parental consent in writing. If TAWAL becomes
aware that a child under 13 has provided personal data without such
consent, TAWAL will delete such information from the System.
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. INTELLECTUAL PROPERTY:
-
. Content Ownership:
All Contents on
the System are the property of TAWAL or its content
suppliers and are protected by copyright,
trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
-
. Trademarks:
All trademarks, service
marks, logos, and trade names displayed on the System are
the property of TAWAL or
their respective owners. Users may not use any trademark,
service mark, logo, or trade name of TAWAL or any
third party without obtaining prior written permission from
the respective owner.
-
. License and Access:
TAWAL grants
Users a limited, non-exclusive, non-transferable, and
revocable license to access and use the
System for personal, non-commercial use only. This license
does not include any resale or commercial use of
the System or its Contents; any collection and use of any
product listings, descriptions, or prices; any derivative
use of the System or its Contents; any downloading or
copying of Account information for the benefit of another
merchant; or any use of data mining, robots, or similar data
gathering and extraction tools.
-
. Restrictions:
Users may not frame or
utilize framing techniques to enclose any trademark, logo,
or other proprietary
information (including images, text, page layout, or form)
of TAWAL without express written consent. Framing
techniques include but are not limited to, displaying
TAWAL’s content within a frame or border on another
website, making it appear as though the content belongs to
the framing site. Users may not use any meta tags
or any other "hidden text" utilizing TAWAL's name or
trademarks without the express prior written consent of
TAWAL.
-
. Reporting Infringements:
If Users
believe that any Content on the System infringes their
intellectual property rights, they are encouraged
to report it to TAWAL. TAWAL will investigate and take
appropriate action as necessary
-
. USER-GENERATED DATA:
- .
Acceptable Use: Users are responsible for
ensuring that any Data they post or submit to the System is
appropriate, and legal, and does not violate any rights of
others. This includes avoiding defamatory, offensive,
or misleading content.
- .
Monitoring and Removal: TAWAL reserves the
right to monitor, review, and remove any User-generated Data
that violates these Terms of Use or is otherwise
inappropriate.
- .
Ownership of Data: By submitting Data to
the System, Users grant TAWAL a non-exclusive, royalty-free,
worldwide license to use and process such Data in connection
with the System.
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. THIRD-PARTY LINKS AND SERVICES:
- .
Disclaimer: The System may contain links
to third-party websites or services that are not owned or
controlled
by TAWAL. TAWAL has no control over, and assumes no
responsibility for, the content, privacy policies, or
practices of any third-party websites or services. Users
shall, and have full responsibility to, review third-party
policies’ content, privacy policies, or practices before
using their services.
- .
User Responsibility: Users acknowledge and
agree that TAWAL shall not be responsible or liable,
directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance
on any such content, goods, or services available on or
through any such websites or services.
-
. COOKIES AND TRACKING
TECHNOLOGIES:
TAWAL uses cookies and similar tracking technologies to track the
activity on the System and hold certain
information. Users can instruct their browser to refuse all cookies
or to indicate when a cookie is being sent.
However, if Users do not accept cookies, they may not be able to use
some portions of the System.
-
. DISCLAIMERS AND LIMITATIONS OF
LIABILITY:
- .
No Warranties:
TAWAL provides the
System and its services "as is" and "as available," without
any warranties of any kind,
whether express or implied. TAWAL does not guarantee that
the System will be error-free, uninterrupted, or
secure.
- .
Limitation of Liability:
To the maximum
extent permitted by applicable law, TAWAL shall not be
liable for any indirect, incidental,
special, consequential, or punitive damages, or any loss of
profits or revenues, whether incurred directly or
indirectly, or any loss of data, use, goodwill, or other
intangible losses resulting from (i) the use or inability to
access or use the System; (ii) any conduct or content of any
third party on the System; (iii) any Content obtained
from the System; and (iv) unauthorized access, use, or
alteration of Users' transmissions or Content.
-
. CINDEMNIFICATION:
Users shall indemnify and hold TAWAL harmless from any claims,
damages, liabilities, costs, and expenses
arising from their use of the System or any violation of these Terms
of Use.
-
. FORCE MAJEURE:
TAWAL shall not be liable for any failure to perform or delay in
performing its obligations under these Terms of
Use if such failure or delay is due to causes beyond its reasonable
control, including but not limited to acts of
God, natural dis
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. CHANGES OF TERMS:
TAWAL reserves the right to amend these Terms of Use at any time.
Users will be notified of any significant
changes and continued use of the System by Users after such changes
constitutes their acceptance of the
amended or updated Terms of Use.
-
. DISPUTE RESOLUTION:
In the event of any dispute arising out of or relating to these
Terms of Use or the use of the System, the parties
agree to first attempt to negotiate in good faith to resolve the
dispute. If the dispute cannot be resolved through
negotiation, the parties agree to attempt to resolve the dispute
through mediation before resorting to litigation.
-
. GOVERNING LAW AND JURISDICTION:
- .
Governing Law: These Terms of Use shall be
governed by and construed in accordance with the laws of the
Kingdom of Saudi Arabia.
- .
Judicial Jurisdiction: Any disputes, that
have not been resolved amicably through mediation, arising
out of or
relating to these Terms of Use or the use of the System
shall be subject to the exclusive judicial jurisdiction of
the Riyadh competent courts, the Kingdom of Saudi Arabia.
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. MODIFICATIONS AND TERMINATION:
- .
TAWAL Modifications: TAWAL reserves the
right to modify or discontinue the System or any part
thereof,
temporarily or permanently, with or without notice.
- .
User Termination: Users may terminate their
Accounts at any time by following the Account termination
procedures outlined below and/or any other procedures
communicated by TAWAL from time to time:
Users must:
- . Log in to their Account on the System,
- . Navigate to the Account Settings or Account
Management section.
- . Select the option to deactivate or delete
the Account.
- . Follow any additional prompts or
confirmation steps to complete the termination
process.
- . Contact TAWAL's customer support if any
assistance is required during the termination
process.
- .
TAWAL Termination: TAWAL may terminate or
suspend a User's access or use to the System at any time,
with
or without notice, for any violation of these Terms of Use
or other reasons at TAWAL's sole discretion.
- .
Effect of Termination: Upon termination,
all rights granted to the Users under these Terms of Use
will cease
immediately. Users must cease all access or use of the
System and destroy any copies of all Contents obtained
from the System. TAWAL reserves the right to retain certain
Data for a period of time as required by the
applicable laws and regulations or for legitimate business
purposes.
-
. SECURITY MEASURES:
- . TAWAL implements industry-standard security measures to
protect the System and Users' Data against
unauthorized access, loss, alteration, or destruction. These
measures include encryption, access controls,
and regular security assessments.
- .
Users are responsible for maintaining the security of their
devices and ensuring that they use secure methods
to access the System. Users must not bypass or attempt to
bypass any security measures implemented by
TAWAL.
-
. DATA BACKUP AND RECOVERY:
- . TAWAL performs regular backups of all Data stored on the
System to ensure Data integrity and availability.
However, TAWAL cannot guarantee that there will be no loss
of Data and encourages Users to keep their own
backups of any important information.
- .
In the event of a System failure or Data loss, TAWAL will
make reasonable efforts to restore Data from the most
recent backup. TAWAL is not liable for any loss of Data or
any consequences arising from such loss.
-
. FEEDBACK AND SUGGESTIONS:
- . TAWAL welcomes feedback, comments, and suggestions for
improvements to the System ("Feedback").
Users
can submit Feedback by contacting TAWAL via TAWAL Contact
Details.
- .
By submitting Feedback, Users grant TAWAL a non-exclusive,
royalty-free, worldwide, perpetual license to use,
modify, and incorporate such Feedback into the System
without any obligation to compensate the User.
-
. CONTACT INFORMATION:
- . For support, privacy concerns, Feedback, or other
inquiries, Users can contact TAWAL at (the “TAWAL
Contact
Details”):
Email: contact@tawal.com.sa
Phone: 800 124 0008
Address: 3210 Al-Thumama Road, Al-Sahafa
District, Riyadh 13315 - 6228
- . TAWAL aims to respond to all inquiries within five (5)
business days
- . By using the System, Users consent to receive electronic
communications from TAWAL. These
communications may include notices about the User’s Account
and information concerning or related to the
System. Users agree that any notices, agreements,
disclosures, or other communications that TAWAL sends
electronically will satisfy any legal communication
requirements, including that such communications be in
writing.
-
. ENTIRE AGREEMENT:
These Terms of Use constitute the entire agreement between the User
and TAWAL regarding the use of the
System and supersede any prior or contemporaneous agreements,
communications, or understandings,
whether written or oral.
-
. SEVERABILITY:
If any provision of these Terms of Use is held to be invalid,
illegal, or unenforceable, such provision shall be
severed, and the remaining provisions shall continue in full force
and effect.
-
. NO WAIVER:
TAWAL's failure to enforce any right or provision of these Terms of
Use will not be deemed a waiver of such right
or provision. Any waiver of any provision of these Terms of Use will
be effective only if in writing and signed by
TAWAL.
-
. GOVERNING LANGUAGE:
These Terms of Use are drafted in the English language. If these
Terms of Use are translated into any other
language, the English language version shall govern and prevail in
the event of any conflict or inconsistency.