Introduction and General Provisions:
“Establishment” shall mean Business Platform Est. for E-marketing.
“App” or “Electronic Platform” shall mean VYA app and all the pages, links, tools and features of the app and shall related to the provided services by the app, which considered as an integral part of VYA app.
“Customer” shall mean the party, who requests the service from the “app”, whether this party is a natural person or a legal establishment or authority.
“Agreement” shall mean terms and conditions agreement for using VYA app, which includes all the described terms and conditions to the customer, which govern and regulate the process of the customer’s use of VYA app. This agreement and terms shall be a formal agreement (Hereinafter Referred to as “Contract”) between VYA platform and the customers who use VYA app.
The customer hereby acknowledges and agrees that its use of the app shall be considered a clear acknowledgment that the customer has read and understood the terms and conditions of this agreement and the method of using the app carefully. Use of the app shall also be considered acceptance and clear approval of the terms and conditions of this agreement and responding to the customer, while the customer shall be in its legally competent status. The customer’s use of the app shall be considered a clear acknowledgment of its commitment and compliance with all the terms and conditions of the agreement and all the terms and conditions of the establishment. If the customer accepted the conditions of the agreement, the agreement terms and conditions shall be valid for the customer.
- The Customer shall be of the legal age, which is (18) years to be able to purchase products or use health services. The app shall have the right to cancel the account of any member under the age of 18 without notice, with a commitment to liquidate its financial dues immediately after closing the account.
- The Customer shall provide an address in the Kingdom of Saudi Arabia for the delivery of health products or services.
- No person shall have the right to use the app, if the app management cancels its subscription.
- Every person who uses the app shall comply with all applicable laws and regulations to regulate e-commerce (Trade via Internet).
- No customer shall have the right to use one email and / or mobile number to have more than one account for any reason. The app management shall have the right to suspend the activities of the violating accounts and / or cancel these accounts or one of these accounts with a commitment to liquidate all operations related to the account before closing, freezing and / or canceling this account without incurring the app any responsibility related to that account.
- The Customer shall acknowledge and agree, in the event that the Customer violates Clause No. (5) above, that the app shall have the right to cancel any performed purchase orders or any operations by the customer. In this case, the customer shall acknowledge and agree that there is no liability for the app and the establishments.
- The Customer shall not have the right to be a competitor to VYA app. The Customer shall acknowledge not offering any product that competes with the provided services by VYA app.
- The Customer shall have the full power and authority to contract and shall not breach any law or contract. The Customer shall not have any judicial precedents, arrest warrants, or claims by the security and legal authorities.
When the customer uses or accesses the services, the customer shall agree to the following:
- Its responsibility for maintaining privacy, restricting access to and use of its account and password, and agreeing to bear responsibility for all activities that take place in its account name and password.
- The Customer shall agree to notify the app management immediately of any unauthorized use of its password or account, or any other breach of the app safe use standards.
- The Customer shall provide complete, true, accurate and current information related to the app user and its use of the specified services by VYA app.
- The app management shall not have the right to disclose to others (except as necessary or as specified by the app) about the user’s information provided to the app.
- Cooperating with our requests for additional information regarding its eligibility and use of our services.
- The Customer shall not have the right to use the app services to carry out operations that violates the applicable laws and regulations in force in the Kingdom of Saudi Arabia and any other government and legal authorities that have the power to supervise and monitor local trade services and e-commerce regulations and provisions. In the event that this violation is proven, the customer places himself under the legal and personal liability. The Customer shall acknowledges that the customer bears full legal responsibility. The Customer shall acknowledge that no legal liability is attached to the app or the establishment.
- The Customer shall acknowledge that if the establishment proven the violation of the customer, the establishment shall have the right to take all legal measures to confront the customer and claim the caused damages to the establishment.
- The Customer shall review and comply with any sent notices through VYA regarding the provided services by VYA app.
- The Customer shall use the service or app for legal purposes only, and shall not use the app to purchase or receive any illegal or fraudulent materials.
- The Customer shall not have the right to use the Service or the Platform to cause harm, harassment, or inconvenience to anyone.
- The Customer shall agree and approve the exchange of information between companies within the platform regarding the executed operations and the evaluation of transactions.
- The Customer shall not have the right to impede the proper operation of VYA platform.
- The Customer shall not have the right to attempt any harm for the service or the platform in any way.
- The Customer shall not have the right to copy or distribute the app contents or any other content without obtaining a written approval of VYA app.
- The Customer shall submit all evidence proving its identity to us at VYA’s own discretion.
- We shall have the right to refuse to provide the service for any reason and at any time, we see fit.
- The Customer shall understand that its data (which does not include your credit card information) may be transferred without encryption and may be subject to:
- Transfer between different networks on the Internet,
- Change in order to adapt and amend to suit the technical requirements of networks or devices connected between the app and the app user. However, credit card information is always encrypted before being transferred over the Internet.
- VYA app grants the Customer a non-exclusive, non-transferable, non-assignable, non-sub licensable and irrevocable license to obtain and use our services only for a personal purpose (not for any commercial purposes, including but not limited to all these services) in accordance with this contract. The Customer shall not have the right to do all the following:
- Making services available, leasing, renting, allocating, reselling, distributing or sublicensing these services to any third party.
- Amending, deleting, translating, summarizing, or creating a sub-business based on decoding, or reversing the engineering design of VYA app, otherwise from specifying, trying to determine or attempting to access the source code, the internal design of the services, any text, multimedia images (images, audios and video files), data or other provided information by VYA app or third-party service providers.
- Deleting, changing, or otherwise amending any of the copyright or other contained official notices in the services.
- Intentionally transferring or distributing services or allowing the services to be downloaded for use other than the specified uses here.
- Allowing the share of the username / password or other reasons for accessing the services of VYA.
- All information, data, software, photographs, graphics, videos, texts, images, fonts, sounds and other materials (Herein after Referred to collectively as, “the Content”), including but not limited to, formatting, arranging, and improving the included content in the provided services by VYA app. This content is owned, administered or licensed to VYA app and shall be protected by the commercial laws, copyright, trademark, invention, various other intellectual property rights and unfair competition laws.
- The Customer shall not have the right to amend, remove, delete, amplify, add, publish, broadcast / transmit, participate in the transmission or sale, create derivative works from or in any way that exploits any content, in whole or in part. If there are no restrictions, the customer may be able to make copies of selected parts of the content, provided that the copies shall be for the customer’s personal information and for non-commercial use. So that, the Customer shall not have the right to alter or amend the content in any way, and maintain the included notices in the content, such as the copyright notices, trademark or any property rights notices.
- Submitting Order:
- Authorization to Contact the Customer:
- The Customer shall agree to be contacted by health services and products providers (such as licensed pharmacies, optical stores and medical laboratories) contracting with VYA or by VYA on the provided mobile phone number by the customer for purposes related to the provided services by VYA.
- By using the services, the Customer shall agree to receive emails and / or short text message (SMS) notifications on your mobile containing personal information through an insecure channel. This is your personal choice to choose the appropriate mean of contact. We encourage the customer to protect this information carefully.
- The Customer shall agree that all the sent electronic transactions to the customer from the app shall be legally bound and shall be treated as written transactions.
- We, as VYA app, shall have the right to monitor, record and save any phone call, email, or any other form of electronic communication for training purposes to verify the directed consultants and notes and to improve and develop the quality of provided service to our customers.
- There is no relationship between a health product / service provider – patient or doctor – patient, and there are also no medical or pharmaceutical consultations:
- A physician-patient relationship shall not be made between the customer and VYA app through use of services, including any provided assistance to provide health products and services.
- We do not make any guarantees, objections or warranties, explicitly or implicitly, regarding professional qualifications, experiences, quality of work or other information in this document. In addition, we do not endorse in any way any of the health service providers or products contracting with VYA app. We are not responsible in any way towards the customer or any other person for any taken decision or action by the customer in relation to such information.
- We have no control over, nor can we guarantee the availability of any health services or products at any specific time. We shall not be responsible for canceled or unfinished orders, any arising damages, or any damages arising from the app or services use, from taking medicines or other health products or from using the provided health services.
- The Customer shall acknowledge that the customer may send a digital image of a prescription or a specific medical product through the app. VYA app services represented only in directing these orders to licensed health service and product providers. Sending any submitted prescription, order, or product image by the customer to purchase from health service and product providers shall not create a patient-health product / service provider relationship between the customer and VYA app. This shall not constitute an opinion, medical advice, diagnosis or treatment for any specific situation, but provided to help the customer obtaining the customer’s request of health services or products.
- No Acknowledgment / Authentication:
- VYA app does not endorse or recommend any health product / service provider or prescription drug. VYA does not make any guarantees, objections or warranties, explicitly or implicitly, regarding professional qualifications, experiences, quality of work, or any provided information to the customer by any third party. The Customer shall acknowledge that VYA shall not be responsible in any way related to the customer or any other party for any taken or not taken decision or action by the customer or by another party based on such information.
- We may change, suspend, or discontinue our platform or services, completely or in part, at any time and for any reason, with or without notice. In addition, one or more elements of the app or services may be temporarily unavailable from time to time for maintenance or for some other purpose.
- We may revoke or suspend, according to our sole vision and discretion, a user access to our app or the ability to use our services, in whole or in part, at any time for any reason, with or without notice, including but not limited to the related breach or suspicion of breach of this agreement or a suspicion of breaching the law by the user. If VYA notifies a user that its access to our app or the ability to use the services has been canceled or suspended, that user shall stop and refrain from all types of access or use.
- The online app shall offer the ability to purchase products or services through the app and pay the required amount via the Internet.
- All cash transfers and payments shall be in Saudi Riyals.
- Our payment system includes several methods / forms:
- Online Payment: We accept payment through “Apple Pay”, credit cards or electronic debit cards of cards issued by Saudi banks only through the online gateway of our banking service provider or payment through Arbahy.
- Pay cash upon receipt of products or services.
- In the case of online payment, the customer shall receive a notice on the screen upon accepting the payment process. We, as VYA app, shall not bear any responsibility if the payment process is rejected or canceled by the credit card service provider, electronic debit cards, or “Apple Pay” for any reason. The Customer shall check with the bank providing this service about the reason for rejection.
- All entered information and details through the online payment gateway shall be encrypted for the purpose of security protection. The correspondence circulating to and from the service provider website shall be also encrypted.
- We shall not provide any made payment information through the app to other companies or individual entities and authorities unless requested by an official legal authority.
- The Customer shall ensure that the related information to customer’s credit card, debit cards, or “Apple Pay” that the customer use to pay for online services is correct and valid. The customer shall comply with the accuracy and use the card legally affiliated with the customer. The customer’s personal information shall not be used or shared by online services with any third party, with the exception of verifying the legal information, upon the request of the law or legal regulations or upon the request of the court. The online app service shall not be responsible in any way for fraudulent credit or electronic debit cards. You shall not be responsible for the use of fraudulent credit cards or electronic debit cards, but shall be fully responsible for proving otherwise.
- The customer use of the online payment service shall be a clear accept of its commitment to these terms. If the customer do not agree to any of the terms, we ask the customer not to use this service.
- VYA shall have the right to impose new fees for using the app or the service, or both. If VYA decides to impose new fees, the customer shall be informed of this. The customer shall be allowed to continue with or terminate the contract.
- VYA shall have the right to ban the customer in the event of non-payment of the due value of the provided product or service.
- Limitation of Liability:
- VYA app shall not, in any case, be responsible for any indirect, penal (punishable), incidental, exemplary or consequential damages, including liability for lost profits, benefits, use, data or other intangible losses that arise from the following: (1) the use or inability to use VYA digital services. (2) The cost of purchasing alternative goods and services arising from any purchased or obtained goods, data, information, services, received messages or entered operations through VYA digital services. (3) Unauthorized access to or alteration of transfers or data on VYA digital services. (4) Data or behavior of any third party on VYA digital services, or (5) any other matter relates to digital experiences, whether in contract or not, and negligence or harmful acts, even if VYA was informed / advised to do so or the customer shall have known the possibility of such harm. For jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, these limitations shall not apply.
- Eligibility / Authority:
- The guardian (one of the parents) or the custodian may use these services for a minor until that minor reaches the age of 18. You, as a parent or guardian, shall have sole responsibility for providing guidance for the minor’s use of the service. The guardian shall bear the sole responsibility to ensure that the personal information is kept safe and the sent information is accurate.
- We provide the App and Services “as is”, “with all errors” and “as available”. We do not make any express or implied warranties or guarantees for services. To the maximum legally permissible limit, we in this document disclaim our responsibility for all guarantees, including all legal guarantees, related to the services and application, including and without restrictions, any guarantees that the services are compatible with the market, of satisfactory quality, accurate, suitable for the purpose, a specific need, or non-infringing / adversarial. We do not guarantee that the obtained results from using the services shall be efficient, reliable or accurate, or that these services will meet your requirements. We do not guarantee that the customer will be able to access or use the services (either directly or through third party networks) at the chosen times and locations by the customer. We shall not be responsible for the accuracy, reliability, timeliness, or completeness of the provided service by any health service / product provider.
- Except as provided in this document, VYA app shall not make any guarantees about the information systems, programs and functions that can be accessed through the app or any guarantee accompanying the transfer of sensitive information. VYA app does not guarantee that the app or services will operate without errors, that data loss will not occur, or that the services, programs or application are free from computer viruses, contaminants or other harmful elements.
- We have done our best to display product images and their colors on the app with great accuracy so that the products appear the same as they appear in stores. However, we do not guarantee that your mobile screen will display any of the colors with the required accuracy. Taking into account that the image or shape of the product may differ in reality from the image in the app, arising from the changes that the producing companies make to their products from time to time, which may apply to the description of the products as well.
- We have no relationship of its own or a fiduciary duty. The customer shall acknowledge that we have no control over the provided services to the customer by the licensed health services / products providers. If the customer have a dispute with any of the licensed health service / product providers, the customer shall exempt the app (its affiliates and subsidiaries, its relevant officials, directors, employees, and agents) from lawsuits, claims, and damages (actual and subsequent) of every kind and nature, known or unknown, arising from or related by any means to such a dispute. By conducting and entering this exemption, the customer shall be exempted any protection (whether legal or otherwise) that would limit the coverage of this exemption to include those claims that the customer may know or suspect are in place for its side / for its benefit at the time of agreeing to this exemption.
- Dealing with any Third Parties:
- While using the app and the service, the owned and controlled links to websites by others may be provided from time to time to correspond with others, purchase products or services from those parties, or participate in the provided promotional offers. These links may take the customer outside the app and the service, and in this case the matter will be outside the control of VYA.
- Intellectual Property Rights:
- The establishment alone (and the licensees, if applicable) shall own all rights, title and interest, including all relevant intellectual property rights, in the app and services and any suggestions, ideas, development requests, reviews, recommendations or other submitted information by the customer or by any other party related to the app or services. This agreement shall not be for sale and shall not transfer to the customer any ownership rights in or related to the application or services, or any owned intellectual property rights by the establishment. Establishment Name, the Company Logo, and the accompanying product names the app and service are trademarks of the establishment or third parties. There is no granted right or license to use the above-mentioned items.
- Suspension and Termination of the Services:
- We may cancel or suspend your registration for any other reason, including prolonged inactivity, but we will try to notify the customer in advance of such cancellation or suspension. VYA app shall not be liable to the customer or any third party for any termination of its access to the app and / or services.
- User Comments, Reviews, Ratings of Products / Services, and Other Posts:
- Customers who have evaluated the provided product or service shall have the full rights and powers to re-publish their reviews and rates in brochures and marketing means or on the application without obtaining the app consent based on their agreement to publish any reviews from the app users.
- If the customer sends to VYA app, upon our request, any posts, or without our request, such as sending suggestions or other materials, whether via the Internet, email, regular mail, or other methods, then the app shall not comply with any amend, copy, publish, distribute or translate those sent comments by the customer to the app or use those comments in any other way. We, as VYA app, shall not comply with the following:
- Maintaining any of these comments confidential.
- Paying any compensation and penalties for those comments.
- Responding to any of these comments.
- We may monitor, amend or delete, without our obligation, any content that we consider violating the law, offensive, threatening, defamatory, pornographic, or immoral, that can be objected to, that it violates any intellectual property rights of any party, or that it violates our terms of service.
- The customer shall agree that not all of its comments violate the rights of any other party, including intellectual property, trademarks, privacy, personality or other personal and property rights. The customer shall also agree that its comments will not contain libelous, unlawful, offensive or indecent material, or that these materials contain computer viruses or other malware that may affect our service systems. In addition, the customer shall not have the right to use a fake email, impersonate another person, or mislead the app or any of the other parties so that we do not know the source of any of its comments. The customer shall solely responsible for any sent comments by the customer and for their accuracy, as we do not bear any responsibility or liability for any of the posted comments by other parties.
Errors and Inaccuracies:
Information may be published on the app that inadvertently contains spelling errors or incorrect or accurate information, which may relate to product specifications, offers or others. We shall have the right to amend any errors, inaccuracies or correct information by changing or updating information or canceling purchase orders if any of the information on the app is inaccurate at any time without prior notice (even after the purchase orders have been sent).
We shall not responsible for updating, correcting or clarifying the information on the app, except for those required by law. The customer shall not take any updates or amendments that appear on the app as an indication that all the shown information on the app has been amended or updated.
- The products will be delivered on the same day of the order within an expected period specified by the app and notified to the customer, depending on the quality of the items, their quantities, the number of the products providers included in the purchase process and the distance between the service providers and the customer’s site (including traffic congestion).
- The customer shall determine the date and time of providing health services after the approval of the service provider.
- Time for delivery of the provided products or services shall be estimated and is not guaranteed.
- VYA app shall have the right to cancel the purchase orders of customers who did not specify the exact location of the delivery.
Contraindications to Use:
- For any purposes violating the law.
- Inciting others to carry out or participate in any unlawful actions.
- Violating any international, regional or local laws, regulations or rules.
- Violating our intellectual property rights or the intellectual property rights of others.
- Harassment, abusing, insulting, harming, detraction, defamation, demeaning or threatening or discrimination in accordance with gender, religion, race, sect, age, nationality, or disability.
- Spreading false or misleading information.
- Removing or transferring viruses or any other type of malware that can be used in any way to affect our main app, apps or other connected sites to our app, other sites, or even the Internet in general.
- Collecting or tracking the personal information of others.
- Sending malicious emails, phishing information from others, or stealing the information of the app’s customers and referring this information to another website or for social engineering, for crawling on the network or for stealing information from the app.
- Any purposes violating morals or ethics.
- Interfering with or turning around any of the security features of the app or any of the sites or other connected apps to the main app, or other sites or the Internet in general.
Therefore, we shall have the right to stop the customers’ use of the app or any linked sites, if the customer violate any of the previous restrictions of use.
Customer Cancellation Policy:
Customer can cancel the order at any stage before the delivery representative receives the order for the products or for a minimum of two hours before the date of providing health services. As for after that, the customer cannot cancel the order.
Return Policy shall be in accordance with the policy of the health product provider. In the event that the health product provider accepts the return, the customer shall return the health product himself in accordance with the applicable mechanism of return in the app.
Amendments to This Agreement:
The customer shall know and agree that the app will notify the customer of any amendment to the user agreement. In accordance with these amendments, the customer’s obligations may be doubled in accordance with any amendments that may be made to the user agreement.
The customer shall acknowledge and agree that the app has its absolute power and without liability, to make any fundamental or subsidiary amendments to this agreement without requiring additional approval from the customer’s side, at any time and with immediate effect. The customer shall notify of these amendments through the app.
All terms of service and any separate agreements related to providing services to the customer shall be subject to and shall interpret in accordance with the laws in force in the Kingdom of Saudi Arabia. In the event that any disagreement or dispute arises, the dispute shall refer to the arbitration committee.
In case of any differences between these terms of services and its Arabic version, the Arabic version must be considered accurate and applicable.
In the event that there is any invalid judgment in the terms of the present user or the existence of an unacceptable judgment in certain circumstances in accordance with the reasonableness and fairness criteria and only to this extent, the judgment shall be implemented in place of the invalid judgment between the two parties by a provision that is acceptable in observance of all circumstances and complies with the provisions of the void condition as much as possible, taking into account the content and purpose of these user conditions.
If VYA app fail to implement any right or article of the terms of service, this shall not consider as a waiver by the app.
The terms of service and any operating policies or published rules by the app on this app platform or in relation to the service shall represent the entire agreement and understanding between the customer and VYA app that governs its use of the service, which cancels any past or present agreements, communications or offers, whether verbal or written, between the customer and VYA app (included but not limited to any previous articles of the terms of service).