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Terms of Service

Aseel: Terms of Service

Saudi Arabia (Last updated: February 2023)

1. Acceptance of Terms; Modifications. These Terms of Service (the “Terms”) are a binding legal agreement between you and Aseel Alebdaa Ltd, with commercial registration No: 1010763245 , Riyadh, Saudi Arabia, They govern your use of our website (aseel.pet ) together with our mobile applications, resources and services for pet owners and veterinarians to find each other, communicate, and facilitate pet healthcare services (the “Aseel platform Service”).

BY ACCESSING OR USING THE SITE OR Aseel SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE SITE OR PETSAPP SERVICE.

You understand and agree that we may change the Terms and that any such changes will be effective immediately when we post the modified Terms on the Site and/or Aseel Service.  Your continued access and use of the Site and/or Aseel Service after we post the modified Terms will constitute your agreement to be bound by the modified Terms.

 

  1. Aseel Service

a. The Aseel Service consists of a mobile application, the Site, and support and services that pet owners (“Pet Owners”) and providers of pet healthcare services (“Service Providers”) can use to find and interact with each other. The Aseel Service includes our support services, materials for Service Providers, and other services, all facilitated via our in-built chat feature and including providing video veterinary appointment services, and facilitating other interactions between Pet Owners and Service Providers (for example allowing Pet Owners to pay for Service Provider products) (collectively such appointment and interactions between Pet Owners and Service Providers being the “Pet Care Services”). If you are a Service Provider, we charge fees for use of the Aseel Service, as described below in Section 8. If you are a Pet Owner your Service Provider charges fees for the Pet Care Services that they perform via the Aseel Service, as described below in Section 8 as well.

b. Aseel is a neutral venue for Service Providers and Pet Owners and it does not provide pet healthcare services, except for phone support and other resources and support specifically described in the Aseel Service. Service Providers listed on Aseel are not under Aseel direction or control and determine in their own discretion what Pet Care Services to offer, how to provide such services, and when to make themselves available to do so. No representations or warranties are made regarding the Pet Care Services provided by Service Providers, or about your interactions and dealings with users. Aseel does not employ Service Providers or Pet Owners, and we will not be liable for the performance or conduct of Service Providers or Pet Owners. Pet Owners and Service Providers are responsible for making decisions that are in the best interests of themselves and pets. You should use your independent judgment before engaging a Service Provider (if a Pet Owner), providing Pet Care Services (if a Service Provider), or otherwise interacting with Pet Owners or Service Providers (as applicable) via the Aseel Service.

c. The AseeL Platform Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the Aseel Service are between Pet Owners and Service Providers. You agree that Aseel has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the AseeL Platform Service.

d. Pet Owners and Service Providers transact with each other on the AseeL Platform Service by either a Pet Owner or Service Provider initiating a chat conversation within the AseeL Platform Service (a “Chat”). During the Chat, a Pet Owner or Service Provider has the opportunity to discuss which particular Pet Care Service is applicable for that Pet Owner. For example, a Pet Owner may wish to pay for pet food for their pet which they can collect from the Service Provider in person, or pay for a consultation that has already taken place. A Pet Owner may also wish to agree to a video consultation with that Service Provider. Once the applicable Pet Care Service is agreed upon, the Aseel Service will allow that Pet Care Service to be transacted accordingly, utilizing its payment provider where any payment for such Pet Care Service is due from a Pet Owner in accordance with Section 8 below.

e. As a Pet Owner, you agree to pay for the Pet Care Services where applicable, such payment as shall be displayed to you in the Aseel Service in accordance with your Service Provider’s pricing from time to time for that applicable Pet Care Service.

f. At the end of participating in the Chat, or if a Pet Owner chooses to do so via our Site, a Pet Owner shall be given the opportunity to provide a review of the Pet Care Service(s) received by that Service Provider. Such review shall be shared by Aseel with the Service Provider from time to time, and immediately if a rating of 3 or less is given by that Pet Owner. Such review shall also be displayed to other users of the Site and Aseel Platform Service and by providing such review you are agreeing to any information that you include in such review being made public. Aseel does not endorse reviews of Service Providers by other Pet Owners that may be available via the Site and/or Aseel Service, and Aseel makes no commitments that such reviews are accurate or legitimate. If a Service Provider wishes to raise an issue over any particular review it should contact Aseel Platform at info@aseel.pet

 

  1. Compliance with Applicable Law.   By      accessing and using the Aseel Service, you certify that you: (1) are 18      years of age or older, and (2) will comply with all laws and regulations      applicable to your use of the Aseel Service.

For Service Providers, this means that you, as a current, ,you  are legally eligible to provide veterinarian services within the Saudi Arabia , you have complied and will comply with all laws and regulations that are applicable to you, and you have obtained all business licenses and permits needed.

 

  1. Use of the PetsApp Service; Suspension

a. When you use the Aseel Service, you agree:

– To use the Aseel Service only in a lawful manner and only

for its intended purposes, in particular not to modify it or

any portion of it, create any derivative version of it, or

resell it or any portion of it or use any data mining, data

robots or similar tools.

– Not to submit viruses or other malicious code to or through

the Aseel Service.

– Not to use the Aseel Service, or engage with other users

of the Aseel Service, for purposes that violate the law.

– Not to post reviews about Service Providers that aren’t

based on your personal experience, that are intentionally

inaccurate, or that violate these Terms.

– Not to post content or materials that are pornographic,

threatening, harassing, abusive, or defamatory, or that

contain nudity or graphic violence, incite violence, violate

intellectual property rights, or violate the law or the

legal rights (for example, privacy rights) of others.

– Not to post “spam” or other unauthorized commercial

communications.

– Not to transfer or authorize the use of your account for the

Aseel Service by any other person.

– Not to solicit another user’s username and password for the

Aseel Service.

– Not to provide false information in your profile on, or

registration for, the Aseel Service.

– Not to impersonate any other person.

– Not to interfere with our provision of, or any other user’s

use of, the Aseel Service.

b. You understand and agree that Aseel has no obligation to provide the Aseel Service to you, nor any obligation to continue providing it once we have begun. If we consider your conduct on any of our channels inappropriate, unsafe, or violating these terms, and for any other reason (or no reason at all), we reserve the right to suspend or terminate your access to the Aseel Service in our sole discretion.

 

  1. Registration; Account Security. To use      the Aseel Service you will be required to create a username, password, and      user profile. You agree not to impersonate anyone else and not to maintain      more than one account (or, if Aseel terminates your account, not to create      further accounts).  You are responsible for maintaining the      confidentiality of your username and password for the Aseel Service, and      you agree not to authorize anyone else to use your username and password.      You are responsible for all activity under your account. You agree to      notify us promptly of any unauthorized use of your account.
  2. Privacy. Collection and use of your personal information on      the Aseel Service is described in our privacy policy
  3. Your Content.

a. We may require or allow you (or someone else on your behalf) to upload text, images, videos, reviews, information, and materials to the Aseel Service (collectively, “Your Content”).  For example, Service Providers are invited to create a profile page with a photograph and other information, while Pet Owners may submit reviews of Service Providers.

b. We reserve the right to monitor, screen, edit and/or remove Your Content on the Aseel Service as we deem suitable. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance.

c. You acknowledge that reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Aseel has no obligation to preserve or indefinitely store any reviews. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We also reserve the right to screen, edit or remove these reviews from the Site and/or Aseel Service at any time.

 

  1. Fees & Payment.

a. All fees, deductible amounts and other payments charged through the Aseel Service are listed and payable in every end of the month.

b. Payment processing services for Service Providers on Aseel, which includes the Terms of Service (collectively, the ” Services Agreement”). By agreeing to these Terms or continuing to operate as a Service Provider on, you agree to be bound by the Services Agreement, as the same may be modified by from time to time. As a condition of Stripe enabling payment processing services through Aseel, you agree to provide Stripe accurate and complete information about you and your business, and you authorize Stripe to share it and transaction information related to your use of the payment processing services .

c. For certain Pet Care Services transacted via Aseel platform, Pet Owners shall be required to pay for such Pet Care Services, as notified to them in the Chat by their Service Provider. If you are a Pet Owner, you enter a transaction with the Service Provider when requesting any Pet Care Service via the Stripe Service and you agree to pay the total fees for such Pet Care Service as notified to you by your Service Provider from time to time. The Service Provider, not Aseel, is responsible for performing the Pet Care Services and any fees for such Pet Care Services are paid to the Service Provider, albeit facilitated by Aseel.

d. Service Providers agree to provide Pet Care Services to a Pet Owner by agreeing to participate in, or initiating, any Chat. The purchase of Pet Care Services is a transaction between the Pet Owner and the Service Provider. Aseels’s only role is to facilitate the transaction.

e. If you are a Service Provider, we charge service fees for your use of the Aseels’s Service. If you are a Service Provider, the entity that you work for will have entered into an agreement with Aseels’s which will describe and set out the payments due to Aseels in relation to the licensing of the Aseels Service to you (the “Clinic Agreement”).

f. Cancellations and Refunds. As we are merely a facilitator of any payment for any Pet Care Service(s) carried out through the Aseels Service, any refund requests shall be directed to the Service Provider and not Aseels. If your Service Provider agrees to any refund, then such refund shall be at the discretion of such Service Provider and obtained by the Service Provider and we have no involvement in such refund process.

g. Our third-party payment provider may impose holds on amounts otherwise payable to Service Providers if there is a suspicion of fraudulent activity or for other compelling reason relating to security or third-party rights. We are not responsible for any loss or damage caused to you as a result of such decisions taken by our third-party payment provider.

h. If you are a Pet Owner, you will be required to provide us with valid, up-to-date credit card or other payment information. When you submit or accept to participate in a Chat and purchase any Pet Care Service(s) for which payment is due, you authorize Aseel to charge for fees you incur on the Pet Care Service(s) as they become due and payable. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees, then you understand that Aseel or the Service Provider might refuse to provide either the Aseel Service or the Pet Care Services associated with those fees (as applicable). All fees are non-refundable once paid, except as expressly provided in these Terms.

i. Aseel income and gross receipts are taxed (including VAT on fees paid to Aseel). You acknowledge that you are responsible to pay any taxes that arise because of your purchase, provision, or use of services via the Aseel Service. This includes, without limitation, any form of sales tax or income tax on fees paid or received by you through the Aseel Service,

 

  1. Intellectual Property

a. Aseel owns, or is otherwise the authorized licensee, of all intellectual property and proprietary rights in the Aseel Service and related technology, software, documentation and content (including, for example, any recorded appointments). Aseel grants to you a limited, non-exclusive, non-transferable, non-sublicensable, royalty free, worldwide license to access and use the Aseel Service in accordance with these Terms. Except for the foregoing, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You also acknowledge our perpetual right to use and incorporate any suggestion for enhancement that you may provide on the Aseel Service, without any obligation of compensation.

b. Aseel owns all rights in and to its trademarks, service marks, brand names and logos (the ” Aseel Marks.

Warranty Disclaimer for the Aseel Service.  The information and materials found on the Aseel Service, including text, graphics, information, links or other items, are provided \”as is\” and \”as available.\” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Aseel Service, but not directly by Aseel, are those of their respective authors, who are solely responsible for such content, including the applicable services provided by Service Providers to Pet Owners. To the maximum extent permitted by applicable law, Aseel does not: (1) warrant the accuracy of information and/or materials on the Aseel Service; (2) accept liability for any opinion, or statement made by any party other than Aseel; and/or (3) warrant that your use of the Aseel Service will be secure, free from computer viruses, uninterrupted, always available, or error-free

To the extent permitted by applicable law, Aseel expressly disclaims all warranties and conditions, whether express, implied or statutory, with respect to the Aseel Service, including any implied warranties relating to satisfactory quality or fitness for purpose. In, Aseel makes no warranty of any kind, regarding the suitability of any Service Provider and/or their provision of any Pet Care Service(s).

11.Limitation of Liability Liability in relation to our provision of the Aseel Service to any Service Provider shall be dealt with under the terms of the Clinic Agreement Subject to the final paragraph of this section, if you are a Pet Owner Aseel shall only be liable to you in relation to compensating you for loss or damage that is a foreseeable result of Aseel breaching these Terms and, in such instance, only up to a maximum of 5000 SR. Except where prohibited by applicable law, in no event shall Aseel be liable to you for any non-foreseeable loss or damage, or any consequential losses, or for any business losses, or loss of revenue, contracts, data, or other similar losses in relation to your access and use of the Aseel Service. Aseel is, at all times, acting as an intermediary service provider and merely facilitates the interaction between a Service Provider and Pet Owner via the Aseel Service.

If you have a dispute with a Service Provider or Pet Owner whilst using the Aseel Service, you agree that Aseel shall not be responsible for resolving such dispute and that you shall first seek to resolve such dispute with the applicable Service Provider or Pet Owner.

In no event will Aseel be liable for any direct or indirect consequences of a Pet Owner or Service Provider failing to comply with laws, regulations, local by-laws and codes of practice applicable to you.

If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election). We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these Terms.

 

  1. Governing Law and Jurisdiction.        These Terms shall be governed by the laws of Saudi Arabia , if      you are a consumer and not a business user, and if you live in a country      (which, for these purposes, includes Saudi Arabia or GCC), there may be      certain mandatory applicable laws of your country which apply for your      benefit and protection in addition to or instead of certain provisions of Saudi      law.  You further agree that any dispute between you and Aseel or a      Service Provider or Pet Owner regarding these Terms will be dealt with      only by the Saudi courts.
  2. Miscellaneous.  Nothing in these Terms      will be construed as making either party the partner, joint ventures,      agent, legal representative, employer, contractor, or employee of the      other. Neither party will have or hold itself out to any third party as      having, any authority to make any statements, representations, or      commitments of any kind, or to take any action, that will be binding on      the other, except as provided for herein or authorized in writing by the      party to be bound. The invalidity, illegality or un-enforceability of any      term or provision of these Terms will in no way affect the validity,      legality or enforceability of any other term or provision of these Terms.      In the event a term or provision is determined to be invalid or      unenforceable, the parties agree to replace such term or provision with a      term or provision that is valid and enforceable and that comes closest to      expressing the intention of the invalid or unenforceable term or      provision, and these Terms will be enforceable as so modified. These Terms      (and, in the case of the Service Provider, the Clinic Agreement) represent      the entire agreement between Aseel and the applicable Service Provider      and/or Pet Owner (as applicable).

If you have any questions about anything in these Terms, please contact us via email at info@aseel.pet

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