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Terms and Conditions
11. Terms of Sale or Rent
14. Copyright Policy
23. License Grant
26. Choice of Law
Advertiser: means any natural or legal person that (i) hosts an address Page on the Site; and/or (ii) posts an advertisement, either directly or indirectly, on the Site and/or (iii) rents and uses a Slot; (iv) and/or uses the text messaging campaign service; (v) and/or uses the email campaign service; and/or (vi) uses any of the services provided or will be provided by the Site.
Marketer: means any natural or legal person that creates a Page of an Advertiser or places an advertisement for an Advertiser on the Site on behalf of said Advertiser.
User: means any natural or legal person accessing the Site, including Advertisers and Marketers.
Finder's Fee: means the amount paid to a person for locating and/or finding someone interested in selling, buying, or renting real estate property.
Page: the profile page of the Site User.
Inwan's trademarked terms include:
Inwans: Pages, profiles, or commercial addresses registered on the Site.
Inwanizements: advertisements, promotions, classifieds, Prizes or deals via the Site.
Inwaner: marketing agent, volunteer or registered Site user.
Inwanizer: person who holds an "Inwan" on the Site and is using Inwanizements or other promotional services.
Commercial Network: Inwan.com or the Site, which is a place to find Inwans, Inwanisments, as well as to rate, review and use services.
Prize: gift or other item of material or nonmaterial value resulting from a draw executed by Inwan, an Advertiser, or any other third party.
The Site provides an interactive online service operated by Inwan, consisting primarily of providing address and business details, as well as advertising and marketing services on behalf of certain Advertisers placing advertisements for goods and services on the Site. An Advertiser may also create and make available vouchers for goods and services to Inwan Users (“Vouchers”) and/or by renting and placing advertisements slots on the Site (“Slot”). When a Slot is rented from Inwan, the Slot is displayed on the Site. Vouchers may be purchased by Inwan Users and exchanged for goods and services from the issuing Advertisers or other parties identified in the terms of the offer and subject to the Terms of sale or rent set forth below. As a condition of your use of this Site, you agree that:
· You possess the authority to create a binding legal obligation;
· You are at least 18 years old or are authorized by your legal guardian to use the Site;
· You are not a convicted sex offender; and
If you elect to create a Page:
· You may create only one Page for your personal use or as provided in other agreements;
· You may only make legitimate purchases that comply with the provisions and spirit of the terms of the respective offers;
· Unless otherwise stated, you may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift to another;
· You must safeguard your password, supervise the use of your Page, understand and agree that you are responsible for your own use and the use of your Page by anyone you allow accessing it;
· You will keep your contact information accurate and up-to-date;
· If applicable, it is highly recommended and appreciated to include Inwan in the payment of the Finders Fees by directly depositing the amount in Inwan bank account listed in the Site. In case of involvement of other intermediaries, Finder's Fees may be calculated as the parties agree;
· You provide consent and all rights necessary to enable users to view and synchronize (including through an application) their devices with any information that is visible to them on Inwan;
· You have the right to submit any information to the Site, provided that all such information is accurate, true, and current. We may, but are not obligated to, remove or edit any submissions;
· You will not post anyone's identification documents or sensitive financial information or any unauthorised information on the Site;
· You will not post content or take any action on the Site that infringes or violates someone else's rights or otherwise violates the law;
· You must not infringe Inwan's, or any other parties, intellectual property rights; and
· If you collect information from users, you must obtain their consent, make it clear that you (and not Inwan) are the one collecting their information, and post a privacy statement explaining what information you collect and how you will use it.
Availability of the Site.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance, server upgrades or third party provider interruptions. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Inwan retains the right at our sole discretion to deny service, or access to the Site to anyone or a Page, at any time and for any reason. Inwan is not responsible for any loss of data as a result of events out of its control. Advertisers affected by an interruption lasting over forty-eight (48) hours may request an extension of the effected service equivalent to the lost time.
Ownership of the Site.
Transmission of Information.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Inwan and the Site while it is being transmitted. In addition, Inwan is not responsible for any data lost during transmission.
Advertisers and Marketers.
a) Marketers are Independent Contractors: Marketers, although paid a commission for a successful sale or rent, are not considered employees or agents of Inwan. Any laws or regulations governing the employer-employee relationship, including the Saudi Labor Law, shall not apply to Inwan as the Marketer is an independent contractor.
b) Advertisement Price: Prices of advertisements shall be determined on the Site or by other means between the Advertiser or Marketer, as applicable, and Inwan.
c) Marketer Commission: A Marketer who successfully makes a sale or rent of one of Inwan’s services or products to an Advertiser shall be awarded with a commission of the sale or rent (“Commission”) at a rate shown on the Marketing Dashboard on the Site or through other means. The Commission is based on the net value of the sale or rent made, minus any deductions or processing fees. Inwan shall pay the Commission to the successful Marketer within a reasonable time after the payment of a successful sale or rent is received by Inwan and the order to redeem the said Commission is placed by the Marketer through the Site.
d) Compliance of Posted Information with Laws and Customs: It is the responsibility of both the Advertiser and the Marketer, if applicable; to ensure that information posted on the Site, including advertisements, does not contain false, misleading, fraudulent, or deceptive content and does not violate the laws and customs of the Kingdom of Saudi Arabia.
f) Liability: Inwan is not responsible for any losses or damages caused by the Marketer or the Advertiser. The Marketer and the Advertiser shall be held liable for any losses or damages caused by each, respectively or towards any User.
Prizes and Draws.
The Site may provide a Prize draw, in which a User may participate for a chance to win a Prize. Such Prize draws may be carried out by Inwan, Advertisers, or other third parties.
a) Duty to Deliver Prize: An Advertiser or other third party executing a Prize draw has a duty to execute the Prize draw in an impartial manner and to deliver the Prize to the winner of the draw in a timely manner.
b) No Liability for Non-Delivery of Prizes: Inwan shall not be liable for Prizes not delivered by an Advertiser or other third party executing a Prize draw.
c) Prizes from Inwan must be Picked Up: Unless otherwise specified, any Prizes offered by Inwan must be picked up from Inwan’s headquarters.
d) Retain Information Confidentially: Information collected in the Prize draw process shall be kept confidential, unless the person providing the information indicates otherwise.
e) Right to Reject Prize Model: Inwan shall have the right to reject Prize draws or Prize models.
Code of Conduct.
· Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Inwan Page or in order to create multiple Inwan Pages;
· Harass, abuse or harm another User or person, including sending unwelcomed communications to others using the Site or defaming others;
· Attempting to, or actually accessing data not intended for you, such as logging into a server or a Page which you are not authorized to access;
· Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
· Tampering or interfering with the proper functioning of any part, Page or area of the Site and any and all functions and services provided by Inwan;
· Attempting to interfere with service to any User in any manner, including, without limitation, by means of submitting a virus to the Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
· Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Inwan;
· Reselling or repurposing your access to the Site or any purchases made through the Site;
· Using the Site or any of its resources to solicit Site End Users, Advertisers or other business partners of Inwan to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Inwan, including without limitation, aggregating current or previously offered deals or Inwanizements;
· Using any End User or Advertiser information from the Site for any commercial purpose, including, but not limited to, marketing;
· Using any Inwan service to send e-mail, text messages, or any other communication that contains false, illegal, harmful, or offensive information;
· Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
· Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
· Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
· Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
· Acting illegally or maliciously against the business interests or reputation of the Site, Users, or Advertisers;
· Hyperlinking to the Site from any other website without our initial and ongoing consent;
· Submitting false ratings, comments or other information regarding business Pages, Advertisements, or any other Inwan service;
· Posting photos of persons in an Advertisement, Page or any place on the Site;
· Posting submissions depicting tobacco, alcohol product, or any other harmful or offensive products;
· Posting of political messages; or/and
· Conducting any activity that may be deemed as a violation of the laws and customs of the Kingdom of Saudi Arabia.
Creating a Page on the Site.
If you create a Page on our Site, you may only create and hold one Page that you are solely responsible for managing. Your Page is non-transferrable, without obtaining Inwan's permission, and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your Page and, without limitation, you may forfeit any pending, current or future promotional Page credits and any unredeemed vouchers or commission in your Page. If we terminate your Page, you may not re-enrol or join under a new Page unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Inwan Page, your Page will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with your use of the Site.
Terms of Sale or Rent.
The provisions of this section apply to Advertisement Slots, e-mail or text messaging campaigns, vouchers, or any other service provided by Inwan.
Advertisement Slots, email campaigns, text messaging campaigns, deal or any other advertising service you purchase or rent through our Site as a User are special advertising tools (“Advertising Tools”) that you lease or buy from the Site or from another User as stated in Section (Advertisers and Marketers). The Advertising Tools may be used for certain goods, services or experiences offered by, or facilitated through, the Advertiser identified in the Advertisement. The Advertiser is solely responsible for using the Advertisement Tools. The Advertiser is the issuer of the advertisement and is fully responsible for all goods and services provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an advertisement or not. You waive and release Inwan and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of an Advertiser in connection with your use of an advertisement or the services/goods provides in connection with it.
Inwan is a service provider for the Advertiser identified in the Advertising Tool and the Advertiser is the sole issuer of the Advertising Tool. Advertising Tools have a price to lease as stated in the Site or agreed with Inwan.
Vouchers you purchase through our Site as a User are special promotional offers that you purchase from participating Advertisers through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Advertiser identified on the voucher. The Advertiser is solely responsible for redeeming the voucher. The Advertiser is the issuer of the voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Inwan and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of an Advertiser in connection with your use of a voucher or the services/goods it provides in connection with it.
Inwan is a service provider for the Advertiser identified on the voucher and the Advertiser is the sole issuer of the voucher. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the “full offer value” of the voucher. For example, if you pay SAR20 for a voucher that gets you SAR50 of goods or services from a Advertiser, the full offer value is SAR50, the amount paid is SAR20 (this amount does not expire until it is used or is refunded), and the promotional value is SAR30 (this amount expires on the date stated on the voucher).
If an Advertiser wishes to stop the lease of an active Slot, then Inwan, at its sole discretion, may refund the amount paid upon request in the original form of payment. Note that refunds may be subject to processing charges.
If the price of any Slot changes after the advertiser renting the Slot then the paid price remains and no refund of the price difference shall be made by Inwan.
If an Advertiser or venue refuses to honor a voucher, Inwan, at the sole discretion, may refund the amount paid upon request in the original form of payment. Note that refunds may be subject to processing charges.
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
Copyright and Trademarks.
YOU MAY NOT INFRINGE OR USE, FOR ANY PURPOSE, ANY CONTENT ON THE SITE WITHOUT OUR PERMISSION, INCLUDING COPYRIGHTED MATERIAL, TRADEMARKS, OR ANY OF INWAN'S INTELLECTUAL PROPERTY, WHETHER REGISTERED OR UNREGISTERED.
INWAN, INWANS, INWANIZER, INWANER, INWANIZEMENTS, INWAN.COM, LOGOS, OR ANY SIMILAR MARKS, ALL SOFTWARE COMPILATIONS, AND UNDERLYING SOURCE CODE SHALL REMAIN THE PROPERTY OF INWAN. THE ENTIRE CONTENTS OF THE SITE AND APPLICATION ARE ALSO PROTECTED BY INTELLECTUAL PROPERTY LAWS.
EVERYTHING LOCATED ON OR IN THIS SITE IS THE EXCLUSIVE PROPERTY OF INWAN or is being used with permission or used from information available to everyone in directories and official websites. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, REVERSE-ENGINEERING, DECOMPILING, DISASSEMBLING, DECIPHERING, OR ATTEMPT TO DERIVE THE SOURCE CODE FOR ANY UNDERLYING INTELLECTUAL PROPERTY USED TO PROVIDE THE SERVICES, OR ANY PART THEREOF, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF INWAN IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the copyright laws of the Kingdom of Saudi Arabia and international Law. Inwan owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Inwan or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Inwan is a trademark of Inwancom Computer Services, a business establishment registered in the Kingdom of Saudi Arabia. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Inwan shall not be deemed to be in the public domain but rather the exclusive property of Inwan, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Inwan unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Inwan does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Inwan the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End User to access, view, store or reproduce the material for that End User's personal use. You also grant Inwan the right to edit, copy, publish and distribute any material that you make available on this Site.
Inwan reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Inwan with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We do not accept or consider, directly or through any Inwan employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
· Inwan has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
· Inwan will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
DISCLAIMER OF WARRANTY.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER INWAN, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, ADVERTISERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED HEREIN) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INWAN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, ADVERTISER-ABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
DISCLAIMER OF LIABILITY.
THE CONTENT OF PAGES, ADVERTISEMENT, DEALS, SERVICES (RENTED OR PURCHASED), AND VOUCHERS POSTED BY OTHERS IS THE SOLE RESPONSIBILITY OF THE PUBLISHER AND THE ISSUER. INWAN SHALL NOT BE HELD LIABLE FOR ANY CONTENT POSTED ON THE SITE AND ITS SERVICES, AND ANY MONEY LOSS DENIGRATION, OR VILIFICATION SUFFERED OR INCURRED BY YOU.
INFORMATION POSTED ON OUR SITE ABOUT YOU CANNOT FORM THE BASIS FOR ANY LEGAL OR OTHER ACTION AGAINST US FOR REMOVAL OF THE INFORMATION OR OTHERWISE. HOWEVER, IF THE SITE CONTAINS INACCURATE INFORMATION ABOUT YOU, YOU HAVE THE RIGHT TO HAVE SUCH INFORMATION CORRECTED BY US, PROVIDED THAT YOU SEND A NOTE WITH THE CORRECT INFORMATION TO INWAN, OR BY MODIFYING THE INFORMATION ON YOUR PAGE YOURSELF.
LIMITATION OF LIABILITY.
End User Communications.
Websites of Others.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
Public Nature of Your Statements.
By posting Statements or other information on or through the Communities, you grant Inwan a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
Indemnification / Release.
You are solely responsible for your interactions with Advertisers and other Users/users of the Site. To the extent permitted under applicable laws, you hereby release Inwan from any and all claims or liability related to any product or service of an Advertiser, any action or inaction by Advertiser, including Advertiser’s failure to comply with applicable law and/or failure to abide by the terms of a Inwan, and any conduct or speech, whether online or offline, of any other user.
Choice of Law.
Correspondence should be directed to: Inwancom Computer Commercial Services Est., P.O. Box 31, Al-Khobar, 31952, Kingdom of Saudi Arabia. http://www.inwan.com/support.