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Terms & Conditions


Welcome to the site “www.spama.com”.

 

The website “Spama.com” is an online store where services and products are viewed, ordered and purchased.

 

The Terms and Conditions specified in this document and any purchase order, sale agreement or service offered and accepted via the website indicate your acceptance of this agreement.

 

Any user who does not agree to the terms and conditions as well as the privacy policy shall be deemed to be unauthorized to use the “Spama” website and any of the available functions.

 

Section 1: Definitions

Section 2: Legal Scope of Our Services

Section 3: Legal Nature of Agreement

Section 4: Consent and Capacity

Section 5: Registration of Membership

Section 6: Digital Signature

Section 7: Acceptable Use Policy (AUP)

Section 8: Guarantees

Section 9: Content Policy

Section 10: Fees and Taxes

Section 11: Evaluations Policy

Section 12: Copyrights

Section 13: Trademarks

Section 14: Legal Liability

Section 15: Limits of Our Liability

Section 16: Compensations

Section 17: Modifications

Section 18: Cancellation of the Agreement

Section 19: Telecommunications

Section 20: Notices

Section 21: Assignment of Rights and Obligations

Section 22: Applicable Law and Competent Courts

Section 23: Language

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Section 1: Definitions

“Spama”, “Spama.com”, “Store”, “We”, “Us” or “Our” shall refer to the website “Spama.com” and Specialized Care Institution For Medical Equipment in the Kingdom of Saudi Arabia, having the commercial register No: 4030147995 and owning the trademark “Spama” that is registered with the Ministry of Trade.

“User”, “You” or "Your” refers to the person visiting, using or registering membership with the store.

“Customer” shall refer to any person, institution or company processing a purchase order for products offered for sale via the store.

“Products” shall refer to the products offered for sale via the on-line store and these include: Home Health Care Products and other related products.

 “Content” refers to the content of the store which includes, but is not limited to: photos, texts, movies, information, data, prices, and list of products, description of services, products, advertisements, icons, symbols, letters and figures.

“Agreement” shall refer to the terms and conditions document, privacy policy, sale agreement, all website pages and links, description of services, all content, the description of services, all instructions and any special agreement made between the “Spama” store and any user, as well as any contracts connected with the terms and conditions.

“Parties to Agreement” shall refer to the “Spama” store (as the first party to the contractual relationship) and any person visiting, using, registering an account, requesting any of the services offered or benefiting from our services; in any way, from the “Spama” store (as the second party to the contractual relationship).

 

Section 2: Legal Scope of Our Services

(1) The “Spama” site is an on-line store, selling products and acting as a marketing platform through which we advertise all information and specifications related to these products.  The customer accepts and purchases the products based on the information obtained on the “Spama” store.  The offer and advertisement of the products available on the “Spama” store shall be deemed to be an “invitation for contracting” and the offer is not negotiable. The contract is concluded with the customer when the user submits the purchase order and the “Spama” store accepts the order based on the availability of “the products” itemized in the purchase order from the user.

(2) The site is committed to selling the available products via the on-line store. The “Spama” store liability shall be limited to the provisions of the products available online, according to the privacy policy, terms and conditions and the sale agreement.  All our products and services are in accordance with the law of E. Commerce and its executive regulations in force in the Kingdom of Saudi Arabia.

(3) The “Spama” store shall not be deemed to be an information content provider. In addition, it is not the official publisher of any content found on the “Spama” store.

(4) The user knows and agrees to the exemption of “Spama” store from any liability arising from the acts of any third parties.

Section 3: Legal Nature of Agreement

(1) This agreement shall be deemed to be the entire and final agreement between the “Spama” store and any user visiting or using the “Spama” store or any of its features and advantages.

(2) This agreement shall be deemed to be a valid contract satisfying all legal conditions and elements and shall be enforceable for all parties. The provisions and obligations shall be binding on all parties and neither party may deviate or terminate the agreement.

(3) All parties declare that this agreement forms the entire agreement. All parties declare that they didn’t rely on any emphasis whether oral or written for accepting this agreement other than the provisions stated herein.

(4) The description of the services and the subsequent pages and links contained on the “Spama” store prepared by “Spama” shall form an integral part of this agreement.

(5) The sale agreement and contracts supplementing this agreement shall form an integral part of the agreement and they shall be governed by the terms and conditions which apply to this agreement. This agreement is a sole agreement.

(6) Any amendments to this agreement shall have the same legal provision and effect of the original agreement.

 

Section 4: Consent and Capacity

The user declares that they have the legal capacity necessary for concluding and accepting this agreement and that the user has full and unrestricted legal authority according to the following conditions:

(1) Capacity and Consent of Natural Person

1. Any user of the “Spama” store shall be over the age of 18 years.

2. Any user of the “Spama” store has the legal capacity necessary for concluding contracts and the “Spama” store shall not be responsible for ascertaining the capacity of any of the users.

3. Any user accepting the services of the “Spama” store agrees on this agreement and declares that they are legally bound by the terms and conditions provided for in this document and / or its amendments.

(2) Capacity and Consent of the Minor (Those Under 18 Years of Age)

1. Any user under the age of 18 years can only use the “Spama” store with the consent and involvement of an adult, parent or guardian.

2. Without prejudice to any other rights and remedies of the “Spama” store and under this User Agreement or any law, the “Spama” store reserves the right to limit or withdraw access to the store or the membership of any person if the “Spama” store believes that the user is under the age of 18 years.

Section 5: Registration of Membership

(1) It shall be stipulated that the user registers with the “Spama” store using their official name and not an alias, erroneous or misleading name. When you register as a natural person on the “Spama” store, you represent yourself only.  Each membership account is based on a personal consideration.

(2) The user shall provide us with the data upon registering the membership that might include among other things (Name, Address, E-mail, and Mobile Phone No.).

(3) Membership on the “Spama” store shall be free of charge and direct to registered users and it shall not require review by the administration of the “Spama” store.

(4) The user undertakes that they are responsible for maintaining the confidentiality of the information on their account such as the user name and password and that they are responsible for any disclosure to third parties in relation to this information. In addition, the user is responsible for any use by any person to whom the user disclosed this confidential information.

(5) The user undertakes to report to the “Spama” store immediately when an account has been compromised, hacked or on discovering any illegal use of their account on the “Spama” store. On receiving this information the “Spama” store will take the necessary technical actions for maintaining and securing the account.

(6) Users may not use another person’s account at any time without having an express consent from the “Spama” store.

(7) The “Spama” store reserves the right to cancel any account that has not been confirmed or has been inactive for a long period of time.

(8) Any user can terminate their own account and remove their data if they do not agree with the terms and conditions, any amendments to the terms and conditions or the privacy policy of the “Spama” store.  This is done at the sole discretion of the user and can be done at any time.  The process for the termination of a membership is to send an E-mail to “info@spama.com” using a subject line of – Cancellation.

 

Section 6: Digital Signature

 

(1) Services requiring registration: Upon registration of an account with the “Spama” store, either by clicking to accept the terms and conditions or service, or upon claiming via the store, the user shall be considered to have accepted this agreement and any other conditions of the service online and it shall be legally enforceable for the user from the date of registering your account or from the date of clicking on and accepting the terms and conditions of the service.

(2) Services not requiring registration: the use of any services shall be deemed to be an express consent by the user to the terms and conditions provided for in this document and all and any other policies and the user shall be legally bound by them from the date of use.

Section 7: Acceptable Use Policy (AUP)

(1) The user declares that under this agreement they will not rely on any promises, guarantees or emphasis by or on behalf of the “Spama” store, except the provisions of this agreement.

(2) The user is bound by the terms and conditions of use and / or any conditions of the service and / or through paying any applicable fees; the store grants the user a limited and non-exclusive license that is not transferable and may not be used for the non-commercial use of the “Spama” store services.

(3) This license does not include the reselling or any commercial use of any of the “Spama” store services or content. In addition, the license does not include the copying of any information available about the account in favor of any third parties or the use of mining data or any use of tools for collecting and eliciting any similar data.

(4) The user may not reproduce, exploit, copy or sell any part of the “Spama” store for any purpose either commercial or non-commercial, without having the explicit written consent from the “Spama” store.

(5) The user may not use any descriptive marks or any other “hidden text” which exploits the name the “Spama” store or its trademark without an explicit written consent of the “Spama” store.

(6) All information disclosed by the user must be true, up-to-date and correct.  The information must conform to the requirements of the registration form provided by the “Spama” store.

(7) The user undertakes to accurately enter the information required by the “Spama” store, and the user shall be responsible to ensure that this data is kept up to date. This includes: modifying, renewing and providing any updated documents.

(8) In the event that the user provides incorrect, unprecise, non-synchronized, or incomplete information or whereby the “Spama” store has reasonable grounds to suspect that this information is incorrect, unprecise, non-synchronized, is incomplete or inconsistent with this agreement, and without prejudice to any other rights under this agreement or the law, we will suspend or cancel your membership.

(9) The users agrees not to use the “Spama” store or any service provided via it in an illegal, deceitful or antisocial way as determined by the “Spama” store.

(10) The user shall be liable for any lack of serious and credible use of the “Spama” store.

(11) The user may use our services in the form only legally permitted and according to the conditions of the agreement.

(12) The user may not misuse our services in any way.

(13) The user is bound to notify us in case of discovering any illegal use of the store.

(14) The user declares that they will notify the “Spama” store in case of the existence of any publications, materials or transactions that violate this agreement.

(15) The use of the “Spama” store may be linked with other services or content from third party merchants / web sites that do not fall under the control of the “Spama” store. Consequently, the user agrees to the conditions, provisions and policies of privacy that could apply to the use of the services and content of third party merchants / web sites that do not belong to the “Spama” store.

(16)  The services of the store shall be available within the Kingdom of Saudi Arabia. Consequently, we shall not be bound to make available any products or services to any other state or country. 

(17) All rights not expressly granted to the user through the terms and conditions or any conditions of another service shall be reserved by the “Spama” store. The licenses granted by us shall terminate in the event the user does not comply with these conditions of use or any conditions of another service.

(18) The customer shall be bound to specify the product required for purchase precisely according to the specifications they require and which are available via the “Spama” store only, before he submits the purchase order. The customer shall be able to purchase the products offered for sale via the “Spama” store whereby these products are available and in stock.

The customer shall be bound to pay the displayed price of the product on the “Spama” store.

(19) The “Spama” store reserves the right to request the user to update / repeat the  identification process, including the customer’s full name, ID No, address details, mobile phone number and any other information we consider necessary for the completion of the shipment transaction.

(20) The customer shall comply with all the policies of the “Spama” store, including the policies of payment, shipment, return and the use of products.

(21) The customer shall be bound by the provisions of any laws, decrees and systems in force.

Section 8: Guarantees

The “Spama” store is committed to providing all the legal undertakings and guarantees to the customer in accordance with the legal provisions in force in the Kingdom of Saudi Arabia as follow:

(1) The “Spama” store warrants that it owns all the legal rights and authorities for selling the products and also it warrants that the company is in possession of all the necessary permits for selling and advertising the product(s).

(2) The “Spama” store undertakes that it shall publicize the prices of products clearly via the store and display this price on products upon delivering them to the customer and the customer shall be entitled to ask for an invoice in relation to the products bought from the store.

(3) The “Spama” store warrants that all the information, images and content of the products provided by the store are true, precise and legal and are the products of the store.

(4) The “Spama” store warrants not to publish any false or misleading information about any product, and that the display of products has a commercial legality.

(5) The “Spama” store warrants that whereby warranties for the products are available from the manufactures, these warranties are assigned to the customer within the permitted extent.

(6) The “Spama” store warrants that the products are delivered to the customer at the agreed upon delivery date.  The delivery date is agreed upon by the two parties according to the specifications displayed on the selling page. Delivery is conducted in a professional manner in accordance with the provisions of this agreement.

 

Section 9: Content Policy

(1) The “Spama” store shall reserve the ownership of all the content of products, all images and visual files and reserves the right to publishing the content at any time.

(2) The user declares that they are fully entitled to publish the content via the store and this content doesn’t violate any of the rights of the third parties.

(3) The users shall bear any legal liability whereby the user violates any personal property rights or intellectual property rights over any content published by the user via the “Spama” store.

(4) The user agrees not to send any messages characterized by racial slander, obtaining profanity, defamation, bad names, pornographic pictures or those characterized in general by being decadent.

(5) The user is not licensed in any way to publish any link or another application via the “Spama” store or through any features available within The “Spama” store.

(7) The “Spama” store shall incur no liability in view of the publication of the content and we shall not be liable for the violation by the user of any of the rights of third parties and it shall be the user’s liability only.

(8) The “Spama” store shall not be liable in view of the misuse of any content.  Any user who misuses the content shall be liable. 

(9) The “Spama” store has the right to remove any content published by the user via the store, whereby the user content violates the intellectual property, rights, trademarks, and the rights of privacy, trade rights or other intellectual property rights of the “Spama” store or any third party.

(10) Content provided on this store is solely for informational purposes. Comments or opinions expressed on the “Spama” store are those of the individuals who posted such content and do not necessarily reflect the opinions of the “Spama” store.

Section 10: Fees and Taxes

(1) The “Spama” store shall not charge registration or membership fees. The “Spama” store shall provide free membership to all customers.

(2) The “Spama” store shall collect the purchase price of products from the customer only, and it shall not collect any other fees or costs except for the freight and fees for cash payments.

(3) The products ordered by the customer from the store shall be inclusive of all levied governmental taxes. Value added tax shall be added to the invoice, to the value of 5% of the invoice value.  The tax shall be collected by the “Spama” store from the customer and paid over to the relevant tax authorities.

(4) When paying for products via an electronic payment, any additional bank charges levied by the individual banks, will be incurred by the customer.

 

Section 11: Evaluations Policy

The “Spama” store offers a service of evaluation and the addition of comments by our customers after each purchase process is complete.  This evaluation and any comments are used by the “Spama” store to provide better service to all our customers. Users should consider the points below before adding / making any comments:

(1) The comments must be true, legal and expressive of the service provided to the customer.

(2) It is prohibited to use any profanity during the evaluation process.

(3) It is prohibited to use logos, names, websites, other applications (famous or otherwise), or trademarks during the evaluation process.

(4) It is prohibited to make comparisons between our services and the services of our competitors that in any way slanders either brand.

(5) It is prohibited to make a slander against any person(s), countries, cultures, society or societal / religious values during the evaluation process.

(6) It is prohibited to publish any advertisements or to promote goods or services when evaluating the “Spama” store.

(7) The store shall is entitled to remove any comments that are illegal or untrue.

(8) The store shall be entitled to remove any comments that have been published in breach of the preceding provisions, any terms and conditions, the sale agreement or the privacy policy.

(9) The store shall reserve its legal right to resort to the judiciary in case of a wrongdoing against the “Spama” store through a user’s comment(s).

(10) Any third party to whom a wrongdoing was made through the service of comments shall be entitled to resort to judiciary against the user who has added the illegal comments without having recourse against the “Spama” store.

 

Section 12: Copyrights

(1) The store and ideas expressed within it shall remain our intellectual property. Any imitation or plagiarism of the store or any of its services (including ideas, texts, symbols and software) shall be deemed to be a violation of our copyrights for which we will take all legal procedures against the perpetrator of the said violations.

(2) All the content included or available within the “Spama” store services such as: texts, logos, pictures, graphs, voice recordings, icon buttons, digital contents, materials that are uploaded, software and collection of data shall be the property of the store and shall be protected by the Kingdom of Saudi Arabia laws and the international copyrights laws.

(3) The collection of all data inserted in the service of the “Spama” store or making it available by any of our services shall be exclusively and privately owned by the “Spama” store and protected under the Kingdom of Saudi Arabia and international copyright laws and are protected under the international conventions in force such as the Bern Convention and TRIPS Agreement.

Section 13: Trademarks

(1) “Spama”, “Spama.com” and logos connected with it shall be our trademarks and/or our services trademarks.

(2) Pictures, logos, headers of pages, icon buttons, texts and service names shall be trademarks and commercial designs of “Spama”.

(3) Reproduction of trademarks or commercial designs of “Spama” in any media or advertising means shall be prohibited without the written permission from the “Spama” store.

(4) Trademarks and commercial designs of “Spama” may not be used for contacting any product or service that doesn’t belong to us not to cause harm to the position and credibility of “Spama” or to cause harm to its customers.

 

Section 14: Legal Liability

(1) The user shall be bound by all the laws and regulations in force within the state or country in which they use the “Spama” store in relation to their use of the store and shall incur any liability arising from any breach of the laws and regulations in said state or country. The user is bound by all the terms and conditions provided for in this agreement.

(2) In case of any breach by the user of any of the conditions or provisions of this agreement, “Spama” shall be entitled to take an administrative action within the store. This action might be the suspension of membership for a period of time, or a permanent ban on the user that is deemed to be in breach. The user shall not be entitled, in this case, to register with the store again without the explicit consent of “Spama”.

(3) The penalties imposed by “Spama” on the parties to this agreement shall not affect adversely the right of any party to take legal procedures they consider appropriate according to his discretion without having recourse against us and without liability to the “Spama” store.

(4) The customer shall be liable under this agreement and the law and shall be bound to compensate the “Spama” store when they process misleading purchase orders, not valid orders, or orders for the purpose to annoy us and to waste our time. In addition the user shall be legally liable to the shipping companies.

(5) If a user violates this agreement, “Spama” shall reserve the right to recover any amounts due to us from the user, as well as any losses or damages caused by the user. The store shall be entitled to take any legal action or to resort to competent courts to file civil or criminal actions against the user.

(6) “Spama” will not take legal actions against all and every violation of this agreement. Not taking legal action in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any other time we consider appropriate.

Section 15: Limits of Our Liability

(1) The user expressly agree that they are personally liable for any use of the “Spama” store.

(2) The “Spama” store provides services “as they are available” without any promise or guarantees of any kind, whether express or implied, through the use of this store, it’s content or services provided in it.

(3) The sale transaction shall be done online according to the availability of products within the store. Consequently, the customer exempts the store from any liability in case of the unavailability of products within the store or the product is out of stock.

(4) The store doesn’t warrant that technical defects will be repaired or that the store or its servers are free from viruses or anything else that is potentially harmful or destructive. The user understands and accepts that on-line stores could be exposed to corrupt data, limited availability or delays.

(5) The store maybe inaccessible from time to time for repair, maintenance or development.  The user agrees that the store shall not be bound to provide technical support at all times.

(6) The user understands that “Spama” is an internet–based service and in spite of exerting our best efforts to keep information safe, we can’t guarantee that information received or transmitted by the user while using the store is safe at all times.

(7) “Spama” doesn’t provide any guarantee and shall not incur any liability in relation to the modernity, commonness, precision and quality of information received by the user via the store.

(8) The liability of using or depending on the information that is received or reached by the user through the “Spama” services shall completely be the responsibility of the user.

(9) “Spama” doesn’t provide any guarantees that this store, its servers or the messages are free from viruses or other harmful components.

(10) “Spama” cannot guarantee that each user of the store is actually the person they claim to be.

(11) The store shall not be liable in any case of direct, indirect or dependent losses, loss of profits or damage to reputation whatsoever as a result of disclosing a user name and/or password.

(12) “Spama” store including its managers, partners and all employees shall not be legally liable for the losses or damages of whatever kind, direct or indirect, that might arise from the use of this store.

(13) “Spama” reserves the right to modify, suspend or interrupt the “Spama” services without prior notification thereof. In addition, “Spama” may suspend a user’s use of our services when a user violates these conditions and terms, or when a user has, in our opinion, misused these services.

(14) Without prejudice to its other rights, “Spama” shall be entitled to suspend or cancel a user’s membership or access to the store at any time without notice and for any reason and to cancel this agreement.

 

Section 16: Compensations

(1) The user agrees to compensate “Spama” and to acquit “Spama” of liability as well as defending “Spama” against all the actions and claims brought or claimed by third parties as a result of the user’s use of the store or due to the violation of these conditions and terms of a breach of the rights of the other users.

(2) The store excludes from its warranties, clauses and conditions any financial losses that might be connected with the customer or the distorted reputation or any damages arising from the user’s misuse of products or the store and the store shall not incur any liability or claims in such cases.

(3) “Spama”, its officials and employees shall not be legally liable to the user or to any another party for any direct or indirect loss or cost that might arise from this agreement or the provisions of our services.

(4) The user has to protect “Spama” and its employees, defend them and compensate them for any losses resulting from any action or claim connected with the store or from an act of negligence by the user, representative or agent.

(5) The user shall be bound to compensate “Spama” for any loss or damages caused to the store as a result of any illegal use or use not permitted by “Spama”.

Section 17: Modifications

(1) The user shall be bound by the changes and modifications made by the store in relation to the applied policies and the user accepts any modifications considered by “Spama” to be necessary.

(2) “Spama” may, at any time, implement modifications or improvements we consider appropriate and necessary for increasing the efficiency of the store. The user shall be bound by any guidelines or instructions provided by the store in this regard.

(3) The user may not change, replace or amend any terms of this agreement without the explicit written consent from “Spama”.

(4) “Spama” may amend or update the terms and conditions of the agreement in relation to the use of the store without prior notification to the user.

(5) The user agrees to be bound by any additional terms and conditions that will be made available to the user, concerning the use of any of the services available via the store. These additional terms and conditions are attached to this agreement.

Section 18: Cancellation of the Agreement

The agreement shall be automatically rescinded, without excuses or judicial procedures in any of the following cases:

(1) The user is in breach of any paragraph or term contained in the terms of this agreement. The user is proved to be in breach while reserving all our rights to claim compensation for the damages resulting therefrom.

(2) Assigning or subleasing the account without our consent.

(3) The non-performance by the user of any obligations provided for in this agreement without taking serious actions to eliminate this breach while reserving our rights to claim compensations if necessary.

(4) Inability to provide evidence of any information you provided to the “Spama” store.

(5) Whereby the “Spama” store decides, at any time, that your activities resulted in legal disputes to yourself or to other users.

(6) The termination of the store or the termination of the store management.

 

 

Section 19: Telecommunications

(1) The user agrees to receiving telecommunications from the “Spama” store.  Communication will also be sent via e-mail, mobile phone number or through other services of “Spama”.

(2) The users agrees that all agreement, notices, disclosures and other telecommunications done by the “Spama” store online satisfy all the legal conditions as if they were written with all legal effects.

(3) “Spama” requires the user’s consent during the registration process to sending messages via e-mail, mobile phone or via the store for promotion purposes to inform the user of any changes, advantages or new activities added to the store.

(4) In the event that the user decides to terminate this communication, the user will deactivate the receiving of these messages through correspondence with the “Spama” store or canceling the consent to receiving messages via the page - “My Account” available on the site.

 

Section 20: Notices

(1) Any notices or comments from the user must be sent through the features specified within the “Spama” store. Any notices sent outside the store shall not be considered.

(2) Any notices or comments sent be the “Spama” store to users shall be via either: publicizing them on the website or by communication directly via email or telephone number, provided by the user during the registration process. All notices should be communicated within a 24 hour period.

 

 Section 21: Assignment of Rights and Obligations

(1) “Spama” shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All parties shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whomever does not perform their obligations under this agreement.

(2) The user may not assign their obligations and rights under this agreement or authorize a third party to manage their account in the store except after getting written consent from the “Spama” store.

Section 22: Applicable Law and Competent Courts

(1) This agreement shall be governed by the laws in force within the Kingdom of Saudi Arabia.

(2) Judiciary within the Kingdom of Saudi Arabia shall have jurisdiction over any dispute that might arise from the interpretation or performance of this agreement.

(3) In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of the other provisions will not be affected.

 

 

Section 23: Language

(1) Arabic text of this agreement shall be the certified text in relation to interpretation and application of its terms and conditions.

(2) In case of conflict between the Arabic text and the translated text of this agreement, the Arabic text shall prevail.