Privacy Policy & Terms of Use

Version 2.0 - 01/11/2021

Preamble

These terms apply to all the subscribers of Boonus services and its website, which is powered by Resal. Using this service is a direct approval of all the terms and conditions below as well as any future amendments which will be published from time to time.Kindly read these terms carefully before subscribing to the service or any part of it,  as subscribing to the service is considered an approval to all the terms and conditions In the event that you do not agree to all the terms and conditions contained in herein or any updated versions thereof, you must not use the service or any part of it, as this agreement is between you and Resal Al-Wid for Information Technology Company LLC (Resal). Limited only by the terms and conditions mentioned in this Agreement.

Definitions

Resal Al-Wid Company for Information Technology LLC

Hereinafter referred to as “Service Provider or Resal”, which is founded in accordance with the laws and regulation of Saudi Arabia, and is located in the Kingdom of Saudi Arabia, and its address: 3646 Business Houses, King Abdul Aziz Road, Villa No. 26, Al Shati District, 8797 Jeddah 23414 - Kingdom of Saudi Arabia.

Boonus

Hereafter referred to as the “Service” which is a digital platform service (websites, smart applications, and digital cards) under the name (Boonus) specialized in managing loyalty’s programs in several different ways, and linking them to merchants and collect  their data between them and other affiliated means.

Subscriber

Hereinafter referred to as “Subscriber or You” The individual or entity (whether commercial, governmental or non-profit) to which the Service is provided, and who is the owner of the account and will be the party responsible for all communications with the service provider. If the subscription is on behalf of your employer, the employer must be the account holder, and you represent and warrant that you have the necessary authority and authority to bind the employer to the terms of service with the inclusion of documents proving the authorization.

Boonus website

Hereafter referred to as the “website” which is a website on the Internet that contains visual and audio information to introduce the service and an description of its features, and how to subscribe to it and the subscriber’s login page.

Optional Services

Which is any additional services of Boonus set forth in the Website such as text messages and alert messages.

Usage

Means the Subscriber's access to the Service for the purpose of using the functions therein, including but not limited to setting up the loyalty program and issuing the digital loyalty card included in the package chosen by the Subscriber.

Package

Describes the details and privileges of the Service provided to the Subscriber.

Duration of Term

It begins from acknowledging the content of this agreement and remains valid as long as the subscriber is obligated to pay the subscription fees mentioned in the price offer sent to the subscriber, as the value of the subscription to the packages means the value of the package and the features it includes, and in the event of a breach of the terms of this agreement, the service provider has the right to cancel the subscription and delete the subscriber's data.

Payment methods

The optional paid service or services require the subscriber to enter the website and choose "subscribe" or "add" and if you do so, the subscriber agrees to pay the service provider the said fees for that service annually as indicated in the service description. The service fees are deducted in advance on the day on which the subscription or upgrade is made to cover the use of the service for the stipulated period, and the remaining period is not compensated unless stipulated in the service description, and the subscription cannot be canceled after activation.

Subscriber's Obligations

1- Pay the annual subscription fees.

2- The subscriber is obligated to name one or more contact persons in (the settings page for the account), to follow-up, coordinate and supervise the implementation of the subscription, technical support and follow-up work progress with the service provider, and the subscriber is obligated to notify the service provider of any change to any of the POC within a maximum period of two working days.

3- The subscriber is obligated to guarantee his products and rewards to customers in terms of their validity and conformity with the description displayed on the platform without any liability on the service provider.

4- The subscriber is obligated to dispense all his customers' rewards in their accounts, and other offers due to them, according to the terms and validity date of the remaining rewards, even in the event of termination of the contract, as the service provider is not responsible in any way for the subscriber's program or customer rewards.

5- The subscriber is obligated to provide the necessary solutions to satisfy the customers who complains about the products or rewards, including repairing, replacing or refunding the rewards or compensating the customer (the beneficiary party) for the damage suffered, without any liability on the service provider.

Maximum package benefits

The customer has the right to benefit from the service provided to him based on the package he subscribes to, the following paragraphs clarify these limits and the consequences of exceeding them:

Number of branches

The customer has the right to benefit from the service according to the maximum number of active branches according to the subscribed package, and when the limit is exceeded, the customer must upgrade his package to the next package, and when he reaches the maximum limit, the service will not stop, but he will not be able to add new branches.

Number of customers

The customer has the right to benefit from the service according to the maximum number of customers who join the subscriber program according to the subscribed package, and when the limit is exceeded, the customer must upgrade his package to the next package and when he reaches the maximum limit, the service will not stop, but he will not be able to register new customer data.

SMS

The customer has the right to benefit from the service according to the limit in the subscribed package, and when he wants to increase, he can request additional credit from the service provider, and pay for it, and when he reaches the maximum limit, the service will not stop, but he will not be able to send text messages.

Electronic alerts

The customer has the right to benefit from the service according to the limit in the subscribed package, and when he wants to increase, he can request additional credit from the service provider, and pay for it, and when he reaches the maximum limit, the service will not stop, but he will not be able to send alert messages.

Maximum package benefits

1- The subscriber must take security precautions to prevent access to the service by unauthorized persons, including not sharing the login link, names and passwords of the user with anyone.

2- The service provider is not responsible for any damage due to the subscriber's failure to take the necessary precautions to protect his login information. 

3- The subscriber must not attempt to illegally access the site, copy, modify, leak the site's data, change its designs, destroy it, modify it, occupy its address, obstruct, disrupt or disable access to the site, and the subscriber shall bear all penal and civil guarantees in case of breach. 

Maintenance

The Subscriber agrees that the Service Provider shall perform the necessary maintenance from time to time in order to upgrade, add new features, backup or fill security gaps, if any, and this may be accompanied by a cessation of service as described in clause (17), and in the event that the period exceeds the mentioned period, the Subscriber shall be compensated by extending his subscription equivalent to the number of days of service interruption.

Data Saving

The subscriber acknowledges that in the event that he stops using the service, whether due to his request or because of the cessation of payment of subscription fees, the service provider will give a period of 30 days to pay with the cessation of benefiting from all the capabilities of the service and accessing his data. In the event that the due fees are not paid after the expiry of the previous period, the service provider has the right to cancel the subscription for another 30 days, after which all subscriber data will be erased, and the subscriber acknowledges that if he resumes the subscription after sixty days of non-payment, there are no guarantees to restore the previous data.

Violations of Intellectual Property Rights

1- The service provider respects the property rights and asks the subscriber and visitor to respect those rights. 

2- If the subscriber or visitor finds that there is content related to him that violates intellectual property laws, he may send a notice to the service provider and the service provider will respond by removing the content or any link leading to it within the website.

3- This agreement does not transfer to the subscriber or visitor by the service provider any intellectual property rights related to the service provider, service provider or any third party where the service provider retains its rights. "Boonus" including the logos, graphics and trademarks used in the Service are registered to the Service Provider or third parties. 

4-The use of the Service by the Subscriber or Visitor does not give the right or license to reproduce or use any of the Service Provider's trademarks.

Confidentiality and non-competition

1- Each party undertakes to protect the confidentiality of the other party's information and its customers' personal, commercial and legal information, and undertakes not to share it or make it accessible to others.

2- The parties undertake to work with each other in good faith and to pursue common interests between them, and they commit not to compete with each other as much as possible, and if it appears to them or to either of them that there are signs of competition, he must notify the other party and clearly specify the reasons for believing that there is unfair or legitimate competition and to seek in good faith to settle the matter amicably and in a manner that achieves the common interests between them, however if not possible then the priority is to the party that made the first move towards the target agreement or has an effective and existing communication with the target customer by both parties.

Disclaimer

1- The Service Provider and its suppliers do not warrant or make any express or implied warranties of performance resulting from the use of the Service or the Site, including, but not limited to, the quality or suitability for any particular purpose, integrity, non-penetration, loss and loss of data.

2- All that the subscriber publishes in the service or site is subject to the laws and regulations in force in his country or state, and he alone bears all the consequences resulting from this and the service provider does not bear any responsibility for what is published in the service or site. 

3- The responsibility for the content in the service or site lies with the subscriber in terms of blocking it or the entire quality of the contents and their rights.

4- The subscriber is solely responsible for all activities and content such as data, graphics, images, videos and links that are published on the service or site. It must not spread any electronic worms, viruses or any code of a destructive nature

Compensation

Subscriber agrees not to harm the service provider or its property, its contractors, licensors, directors, employees, representatives and agents and acknowledges that it bears all claims costs and expenses incurred in the event of proof of damage and breach of the agreement, including attorneys' fees.

Limitation of Liability

1- Neither party shall be liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, for any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of usage data or for any direct, indirect or consequential loss or damage to the other party. 

2-The aggregate liability of the Service Provider under this Agreement, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall be limited to an amount that may not be more than the contribution value collected for this Agreement in the annual calendar in which the damage occurred. 

Exclusivity of the Agreement

This Agreement is exclusive to the Subscriber and he shall not assign or transfer any rights or obligations under this Agreement to any third party. 

Amendments

1- The service provider has the right, as it deems appropriate, to amend or replace any part of this agreement, and it is the responsibility of the subscriber to review any updates to this agreement periodically, as the provider will publish and announce the changes on the website and the e-mail registered by the subscriber, and the subscriber's continued access to the website or use of the service represents an implicit approval of the amendments.

2- In the future, the service provider may add some additional features and improvements to the site or service itself, such as new functionality, tools, content, or reports. All such features and improvements are subject to the terms and conditions contained in this agreement.

Service Level

1- The service provider is obligated to provide the agreed services within the time period shown for each service in the table below, provided that this period is limited to the response if the information provided by the subscriber is clear and complete and that any delay on the part of the subscriber is not included in the calculation of the response period and does not include the time taken to process transactions by a third party such as other government agencies in case the nature of the transactions requires it:

The Service

The Time

Creating the subscriber’s account

One business day

Tech Support

One business day


2- The subscriber understands that the platform is available according to its availability, and that Resal is committed to doing everything necessary practically and legally to make the platform available throughout the day and hour. The service provider is obligated to provide the agreed services within the time period shown for each service in the table below, provided that this period is limited to the response if the information provided by the subscriber is clear and complete and that any delay on the part of the subscriber is not included in the calculation of the response period and does not include the time taken to process transactions by a third party such as other government agencies in case the nature of the transactions requires it:


3- The subscriber understands that Resal is updating the platform, whether the update is scheduled or emergency, and in both cases, Resal is obligated to notify the second party in advance of the update, as follows:

Update type

Update time

Notice period

Periodically

Once every two months

3 days prior

Predicted emergency

Anytime

24 hours

Unpredicted emergency

Anytime

1 hour

Privacy

1- The privacy of customers and the confidentiality of their information is one of the most important pillars of (Resal) systems, so the privacy of the data of all customers registered with both parties must be preserved and not disclosed and shared with any third party under any circumstances and in any direct or indirect way.

2- With regard to the site, the service provider collects data that does not identify the subscriber or visitor and that is usually sent by Internet browsers, such as the type of browser, the preferred language, the type of operating system, the time and date of the request, for the purpose of knowing how subscribers or visitors interact with the site, in addition to publishing summarized general statistics about usage that are not related to anyone in particular.

3- The service provider records the Internet addresses of visitors or subscribers that may identify them but does not disclose them except as mentioned in the rest of the article below.

4- The service provider keeps the data necessary to subscribe to the service that the subscriber enters during the registration process, such as the subscriber's name, e-mail, contact information, payment or other data 

5- The service provider can inform the service provider's employees, contractors or affiliated organizations (1) who need such data in order to process it on behalf of the service provider or provide the requested service to the subscriber (2) and have acknowledged not to disclose such information to third parties. 

6- Some employees, contractors or affiliated organizations may be outside the country of the subscriber or visitor and the use of the Service implies acceptance of the transfer of that data abroad. 

7- The Service Provider reserves the right to send e-mails to the Subscriber from time to time to inform him of new features or important information related to the Service, the Site or the Service Provider or to request his views on the Service. The service provider also reserves to publish some of its responses or inquiries that it receives regarding the service or the site (such as technical support requests) for the purpose of assisting the rest of the subscribers after removing all information that may lead to the identification of the subscriber.

8- Not to use customer information for any personal purpose by the subscriber without the written consent of the service provider.

9- The subscriber has the full right to the purchasing data of his customers, and the service provider is not allowed to share the data with the subscriber's competitors or other merchants.

10- Pay attention to the mechanism by which the customer himself does not allow the sharing of his personal data with the merchant and the possibility of stopping it from the ground up whenever he wants according to the policies of the App Store, so that the updated and new customer data remains inaccessible by the subscriber, and that this matter is not at the disposal or control of the service provider.

11- In the event that customer data is shared without prior permission, customer data is manipulated, or data is published, leaked, or used in any inappropriate manner that violates public customary laws and regulations, the responsible party bears full responsibility and is held accountable to the competent authorities.

12-  It is not allowed to leak, photograph or copy the merchant's control panel, prices and mutual contracts, or other software of the two parties and provide them to competitors or any third party in any way, and (Resal) has the right to take any immediate judicial action against the subscriber in the event of discovering this, with the subscriber's acknowledgment of bearing all fees and damages.

13-  Cookies are a text file stored by websites on the user's device that the browser makes available to the site every time it is visited in order to recognize the visitor and save his preferences. The service provider uses cookies on the site for the purpose of knowing the most visited pages by the subscriber or visitor and saving his preferences, and in the event that the subscriber or visitor does not want the cookie file, he can prevent this through the browser settings, taking into account that some parts of the site or service may not work completely.

Force Majeure

1- The service provider in this Agreement shall not be liable to fulfill its obligations contained in this Agreement if that party is under the influence of force majeure beyond its desire or control, and the exemption from liability shall continue for the duration of that party's fall under the influence of force majeure, provided that the other party is notified of this within fifteen (15) days from the date of its occurrence. In the event that force majeure continues for a period exceeding three (3) months, the parties shall be entitled to agree to terminate this Agreement and to settle the rights relating to this Agreement. 

2- Force majeure above means exclusively harsh political, natural and climatic conditions such as earthquakes, earthquakes, volcanoes and obstructive torrents, as well as wars and epidemics that prevent the implementation of this agreement, and the interruption or occurrence of a technical malfunction in the websites or social networks and their accounts due to the result of telecommunications service operators, the main source, or international or local laws and procedures is considered force majeure.

Business Transition

If the service provider or parts of its business are acquired by a third party (e.g. another company), the information of subscribers or visitors is considered an asset that is transferred to the third party. Subscriber acknowledges that this is possible and that the third party may use Subscriber's information as stated in this Agreement.

Termination of the Agreement: 

1- If one of the parties submits a notice of termination not less than 30 days before the expiry of the contract period.

2- Either party shall have the right to terminate this contract if the other party breaches any of its obligations and does not take the necessary measures to settle or clarify the defect within (60) days from the date of receipt of the written notification – through the means of communication mentioned in the issuance of this contract – including its observations or reasons for its dissatisfaction.

3- The contract shall be terminated in the event of a decision issued by the competent court announcing the opening of a bankruptcy procedure for one of the parties to the contract, and the affected party shall have the right to claim his rights arising from this contract in accordance with the regulations and instructions related to the bankruptcy procedures in force in the place of implementation of the service, and in the event of the provider's bankruptcy or exit from the market, the service provider is obligated to give the authority to the subscriber to access his dedicated server in order to copy his data for a full month from the date of bankruptcy or exit.

Opt-out Policy

1- The subscriber does not have the right to cancel the service with a refund before the end of the period without any problem or breach on the part of the service provider.

2- In the event of any technical problem by Rasal and it has not been resolved according to the service level clause, the subscriber has the right to terminate the agreement and recover the rest of the value of his subscription.

Subscription Renewal Policy

Unless the Subscriber notifies the Service Provider through the official e-mail address or the website before the end of the applicable subscription period (30 days) of his desire to cancel the subscription or  upgrade, the subscription will be automatically renewed with its current features and the Service Provider may collect subscription fees on an annual basis as indicated in the service description by bank transfer or using credit cards by the Subscriber at the Service Provider.

Subscription Plan Upgrade Policy

In the event that the customer wishes to upgrade the subscription package, the service provider will be contacted to choose the package, and a price offer will be submitted with the deduction of the value of the rest of the current subscription from the total amount. 

General Provisions

1- This Agreement is an agreement to subscribe to the Service Provider's Boonus Program and does not include a partnership with the Subscriber.

2- The Service Provider shall make updates, improvements or other general changes related to the Service without additional costs to the Subscriber.

3- Articles 10, 11 and 18 of this Agreement shall remain in force against the Parties after the termination or termination of the subscription for a period of two years.

4- Once the terms and conditions are approved, the Subscriber authorizes and permits the Service Provider to use the Subscriber's trademark or trademarks for any advertising purpose in the media and public and private means of communication, including but not limited to the websites and applications of the Service Provider.

5- If any article or provision of these Terms is deemed invalid or becomes so, the invalidity of such article or clause shall not affect the enforceability of the remaining provisions and provisions of these Terms and Conditions.

6- The parties are obliged to implement the terms and conditions in accordance with the requirements of good faith, honesty and prevailing custom.

7- Arabic is the interpreting language of this contract and is the language used in correspondence between the parties to the contract.

8- In the event of a change in the legal entity, identity, ownership or nationality of the service provider, this does not affect the terms and conditions, and the subscriber acknowledges this agreement and the terms of these terms and conditions apply.

9-The parties acknowledge that this agreement is exclusive to the service provider and the subscriber is not entitled to benefit from any third party with the same services or similar products provided by the service provider (Resal).

Applicable Laws

Disputes or claims of violation of this Agreement shall be resolved in accordance with the laws in force in the Kingdom of Saudi Arabia.

Inquiries

If you have any questions regarding the service, send it to boonus-support@resal.me