Terms and Conditions
These terms and conditions are a legally binding agreement between the customer and Nabd Al Yusr Information Technology Company, a single person limited liability company registered under commercial registration 1325495, and its head office is owned by the National General Insurance Company – Port Said – A-41 Office 100. Nabd Al Yusr Company provides technical solutions for the retail sector, with the aim of contributing to the automation of this sector and providing specialized software services including inventory management, sales, and accounting applications.
By accepting these terms and conditions, through subscribing or/and using any services provided by Nabd Al Yusr Company, you agree unconditionally to be legally bound by them. You also acknowledge that you have read and understood our Privacy Policy in addition to any other policies applicable on our official channels. These terms and conditions supersede any previous agreement.
The customer is considered, according to these terms and conditions, to be a legal person, whether a company or an institution with a valid commercial registration or similar. The natural person who accepts to enter into these terms and conditions acknowledges that he is the legal representative of the legal person or authorized by the legal representative of the legal person. In the event that there is no valid form of representation, the natural person shall bear full responsibility for the consequences of these terms and conditions before the legal person and Nabd Al Yusr Company.
1. Monthly Uptime Guarantee
Nabd Al Yusr guarantees that its services will be available 99% of the time during a calendar month (“Monthly Uptime Guarantee”) excluding maintenance services and exceptions (terms defined below). You are entitled to claim a service credit during service downtimes if Nabd Al Yusr fails to meet the monthly uptime guarantee provided that the total service downtimes of 1% in a calendar month documented by Nabd Al Yusr are verified. “Service Downtimes” are defined as the inability to access the Service due to a failure in network equipment managed, owned, leased or used by Nabd Al Yusr to provide the Service. This includes failure in switches, routers and managed cables excluding maintenance and exceptions. The Monthly Uptime Guarantee does not include the time required to perform data recovery and backup operations.
2. Service Operation Requirements
Customer shall provide the appropriate environment for the operation of the Software and shall be responsible for any breach of generally accepted standards and requirements, including, but not limited to: providing the necessary hardware to operate the Software and to make the best use of the Services provided. You can ask the sales representative about the appropriate devices to run the program and compatible with the nature of the program, and provide high-speed internet to ensure the effectiveness of the program.
3. Authorized User
Any person or entity authorized by the customer to use the Nabd Al Yusr service on his behalf. This includes the primary administrator (as appointed by the customer) and other employees and customer staff authorized by the customer to use Nabd Al Yusr services on behalf of the customer, and also includes support partners and other third parties with whom the customer shares his account details in Nabd Al Yusr (and for whom the customer bears responsibility).
4. License
Nabd Al Yusr Company is committed to allowing the customer to access and use the program and any of the services agreed upon in accordance with these terms and conditions with a limited, non-exclusive, non-transferable and non-sublicensable license. This license does not include the right to resell or use any of the services for commercial purposes without the written consent of the first party.
5. Updates:
o Updates are usually made outside peak hours and new program features are often released on Friday evenings. Users will be informed of upcoming changes in advance and given information on how to use new features through email, announcements and other documentation.
o We may from time to time release updates, upgrades, improvements or new versions of the software you are using, which may include adding or removing some functions. You must comply with Nabd Al Yusr’s instructions regarding updates and modifications. You also acknowledge and agree that we have the authority to update the software in an appropriate manner to ensure its functionality, security and performance. We also reserve the right to stop providing some services at any time, and none of these terms can be construed as a guarantee of the continuity of the services or an obligation on our part to support, maintain or continue to provide them.
6. Technical Support:
Nabd Al Yusr provides technical support and maintenance work to the customer through the available communication channels, in order to address any technical problems or inquiries that may arise when using any of the services provided by Nabd Al Yusr, and we confirm that all technical support services and maintenance work are carried out remotely and there are no free visits or any operational work on behalf of the customer.
7. Non-Recoverable Data Guarantee:
If you attempt to access any of your data and it is not recoverable, you must notify Nabd Al Yusr of the problem as soon as possible. Nabd Al Yusr will investigate the cause of the problem and request your response and assistance during the investigation process. If Nabd Al Yusr’s investigation results indicate that the data retrieval problem was caused by an error on Nabd Al Yusr’s part, Nabd Al Yusr will grant you a Service Credit up to the maximum amount of the fees charged to you in the calendar month in which the data retrieval problem occurred.
8. Cancellation of Accounts:
We may cancel or suspend your account at any time by written or electronic notice. Such termination will be effective upon the expiration of the paid subscription period in that period. We may also cancel or suspend your account if, in our sole discretion: (a) you commit a material or continuing breach of these Terms or any terms applicable to your use of the Nabd Al Yusr Services. (b) we have become aware that you may be violating any applicable laws in your region or jurisdiction when providing or using the Nabd Al Yusr Services. (c) we have decided to withdraw the Nabd Al Yusr Services from your region or jurisdiction. (d) you have failed to comply with the limits and restrictions (e.g., number of users, registrants, or transactions) applicable to your Nabd Al Yusr plan.
9. LIMITATION OF OUR LIABILITY:
o To the maximum extent permitted by law, Nabd Al Yusr will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Nabd Al Yusr has been advised of the possibility of such damages) resulting from: (a) the use of or inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your communications or data; (d) statements or conduct of a third party in connection with the Nabd Al Yusr Services; (e) any other matter relating to the Nabd Al Yusr Services. In any event, Nabd Al Yusr’s maximum aggregate liability under or in connection with these Terms or your use of the Nabd Al Yusr Services shall be limited to the amount of fees paid by you during the preceding 12 months.
o To the fullest extent permitted by law, Nabd Al Yusr provides technology solutions that aim to assist customers in managing their operations. However, Nabd Al Yusr is not responsible for ensuring compliance with any regulatory requirements, or providing documents, or obligations imposed by regulatory authorities on the customer, or any applicable laws and regulations. The customer is responsible for ensuring that his use of Nabd Al Yusr services complies with all relevant legal and regulatory requirements.
o Nabd Al Yusr shall not be liable for any claims arising from any third party products or services, including hardware, software and services. Nabd Al Yusr’s role in marketing or referring third party products or services is limited to the marketing referral process only. We do not provide warranties or support for these products or services. The customer is obligated to contact the service providers (third parties), in the event of any malfunction in the products or services provided by them or to request the activation of any of the services or products provided by the third party.
10. You are responsible for your use of the Nabd Al Yusr service and for your compensation to us:
You are responsible for all activities resulting from the use of Nabd Al Yusr services through your account. You are responsible for maintaining the security of your account and password and Nabd Al Yusr will not be liable for any loss or damage that may result from any failure to maintain usernames and passwords. You are responsible for indemnifying Nabd Al Yusr against all forms of consequences, measures, procedures, demands, expenses and costs that may be incurred or borne by Nabd Al Yusr due to the use of Nabd Al Yusr services in your account or your failure to comply with these terms.
11. Deletion of data:
Upon the expiration or termination of these terms or upon cancellation of your account, the data you have provided to Nabd Al Yusr platform will be deleted after 30 days unless applicable laws or regulations require Nabd Al Yusr to retain the data for a longer period. As long as we continue to save the data, it will be isolated and securely stored from any further processing unless applicable laws require otherwise.
12. Exceptions:
The customer is not entitled to receive a service credit if the service downtime is due to the following exceptions: A. (a) any action or omission by you or any employee, agent, representative or contractor using the password and user name issued by Nabd Al Yusr to access its Services; (b) as a result of maintenance operations; (c) any denial of service attack, hacking, malicious incident or targeted code directed against Nabd Al Yusr or a Nabd Al Yusr Customer; (d) any failure of computer equipment, software, network or Internet infrastructure not owned or controlled by Nabd Al Yusr or its subcontractors; (e) any factors beyond Nabd Al Yusr’s reasonable control.
13. Restrictions:
Except as set forth in this Agreement, Customer shall not (and shall not permit any third party to) directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, object code, underlying structure, ideas or algorithms of the Service (except to the extent specifically prohibited by applicable law); (ii) modify, translate or create derivative works from the Service. (3) Copy, rent, lease, lend, distribute, mortgage, assign, or otherwise transfer or mortgage the Service. (4) Remove or modify any proprietary notices from the Service or any part thereof. (5) Collectively use or use the Service for service bureau purposes. (6) Use the Service to build an application or product that competes with any of Nabd Al Yusr’s products or services. (7) Interfere or attempt to interfere with the operation of the Service or any activities conducted on the Service. (8) Disregard any measures Nabd Al Yusr may take to prevent or restrict access to the Service (or other accounts, computer systems, or the Internet connected to the Service). Customer is responsible for all of its activities in connection with the Service, including but not limited to uploading Customer Data (as defined below) to the Service. Customer: (a) shall use the Service in compliance with all applicable local, state, national, and international laws, treaties, and regulations relating to Customer’s use of the Service (including those relating to data privacy, international communications, export laws, and the transfer of technical and personal data). (b) You may not use the Service in a manner that infringes any intellectual property, contractual or other proprietary rights of any third party.
14. Disputes:
If any dispute arises between the parties regarding these Terms (or any previous version thereof), either party shall give notice of the nature and details of the dispute, and neither party shall commence any legal or litigation proceedings until the procedure set forth in this Section has been complied with. Within ten (10) business days of receipt of notice of the dispute, senior managers of both parties shall meet to attempt to resolve the dispute. If the dispute is not resolved within twenty (20) business days of receipt of notice of the dispute, either party may, after notice to the other party, refer the dispute to a mediator. If the dispute is not resolved within twenty (20) business days of referral to a mediator, either party may, after notice to the other party, refer the dispute to binding arbitration. The arbitration shall be in the United Arab Emirates, and the results of the arbitration shall be non-appealable and binding on both parties.
15. Trial and Return Period:
The Customer shall use and test the Software during the fourteen (14) calendar day trial period, starting from the date of issuance of the purchase invoice, regardless of the date of receipt of the hardware or trial of the Software. In the event of a return request during the trial period, the request will be processed and the amount will be refunded within thirty (30) calendar days from the date of submitting the return request approval or the date of receiving the devices, if any, provided that the devices are returned or delivered to the shipping company approved by Nabd Al Yusr Company within five (5) business days from the date of approving the return request, provided that the devices are in their proper condition with all their accessories, otherwise the actual value of the devices “before the discount” will be deducted from the total amount as shown in the invoice or the actual price on the official website of Nabd Al Yusr Company. This also applies if the devices were obtained for free or at a discount in exchange for subscribing to the program. The customer’s right to return will lapse if the trial period has passed without submitting a request during this period, or if five (5) business days have passed from the date of approving the return without delivering the devices to the shipping company approved by Nabd Al Yusr Company or Nabd Al Yusr Company. Customers have the right to receive devices from Nabd Al Yusr directly from the main center in Dubai or as specified by the company in the event of new branches, or the customer may request that we help them deliver them to a shipping company approved by Nabd Al Yusr. The shipping company is supposed to deliver the devices to the customer within a reasonable period, noting that any delay in the arrival of the devices resulting from the shipping companies is not our responsibility, and we advise the customer to contact the shipping company directly in the event of any delay. Nabd Al Yusr reserves the right to extend the period of delivery of the devices to the shipping company in the event that they are not available in stock.
Please note: The trial period does not include subscribers who have renewed their subscription or previous customers.
16. Device Warranty:
Nabd Al Yusr devices warranty is two years starting from the date of the purchase invoice. This warranty covers all manufacturing defects and includes repair or replacement of the damaged device at no additional cost to the customer. However, the warranty does not cover damage resulting from misuse, negligence, natural disasters, accidents, modifications, or repairs to the device at maintenance centers not approved by Nabd Al Yusr. The customer must keep the original invoice as proof of the start and end date of the warranty and submit or send the damaged device with all its accessories to an authorized service center with a detailed explanation of the problem after contacting customer service and providing them with the required information. The company seeks to repair or replace the device within fourteen (14) business days from the date of receipt of the device by Nabd Al Yusr Company, but the time period may vary depending on the type of damage and availability of parts. The company reserves the right to replace the device with a new or refurbished one with the same or better specifications if the original device cannot be repaired.
17. Final provisions:
o These terms and conditions are subject to and interpreted in accordance with the laws and regulations in force in the United Arab Emirates. The company reserves the right to amend these terms and conditions without prior notice, provided that any changes are announced through the official channels of Nabd Al Yusr Company. o No other terms or conditions of any kind, which may be contained in documents or any other communications on your part with Nabd Al Yusr, its employees, representatives or agents in connection with the Service, shall apply and shall not be binding upon it, unless there is a separate written legal agreement expressly stating so between Nabd Al Yusr and the Customer.