Terms and Conditions
Sowan is a cloud e-invoicing system with POS software, and you can see our services directly through the “sowan.sa” website.
We provide these terms and conditions to govern and regulate the legal relationship between Sowan and its users, so please read these terms carefully before using the System.
In terms and conditions, wherever the following words and phrases are mentioned, they have the meaning referred to here:
“Sowan”, “System”, “Company”, “We”, or “Possessive Pronouns” refer to the Sowan system and the company “Tafeal Alholol Company For Trading”.
It also refers to the systems and services offered by the company for sale, which are provided following the company’s own specifications and requirements.
The “User”, “You”, or “Second Person Pronouns” refer to the person who uses or visits the Sowan system or services or visits the content available through the System.
The “Customer”, “Client”, “Store”, “Business”, or “Second Person Pronouns” refer to individuals, institutions, and companies that make purchase orders in the services of the Sowan system and which we provide per the terms and conditions of this Agreement.
The “Contract” refers to the contract signed in writing or by the system website on the one hand and the client on the other, or the tacitly entered following the terms and conditions, upon customer requesting service and the System implementing it, in any case, the explicit or implicit contract is binding on the customer.
“Third Parties” refer to all persons and entities that we do not have control over and are not supervised by us.
“Laws” refer to laws in force in Saudi Arabia.
Payment and Cancellation Policy
- The official currency approved by the System is the one that is accepted in setting the prices of packages and purchases through the System.
- The customer is responsible for the full payment, so we do not incur any errors in the payment process.
- The customer must keep his payment data confidential and ensure that you avoid using any suspicious means or unlicensed software.
- Service prices may be subject to change at Sowan’s discretion. The customer will be notified of any change in prices at least 30 days in advance.
- In the event of termination or withdrawal of the license, the customer’s data will be saved for 30 days, after which the data will be deleted. After this period, Sowan does not guarantee the availability of such data.
- In the event of termination, the customer will be notified of the termination of service up to 30 days before the termination date, and the amount paid by the customer with no service received will be refunded.
- The System allows the customer to request the cancellation of the contract within 7 days after the payment date, in which case the System will refund the money paid by the customer within 14 days by the same payment method, with the customer bearing all bank fees in addition to any administrative fees applied by Sowan and deducting the subscription period even if it is in the period of a free offer.
- The customer must register in the System under his trade name and refrain from using any anonymous, untrue, or misleading names. Once you have registered as a business, you acknowledge that you are the legal representative of this business. Those who register the business are legally authorized to do so, and we will verify the authenticity of the data.
- The customer must provide us with membership registration data that may include, for example, not exclusively (Name, Commercial register No., National Identity Number, Address, Email, Mobile Number).
- The customer must register membership with the Sowan system with a mobile number and email to receive notifications from Sowan.
- Any customer is prohibited from registering with more than one account, and we will delete all accounts if we find out.
- The customer must keep his username and password and not disclose them to third parties, and in any case, the customer is responsible for all transactions made through his account in the System.
- The licensing System provides a membership on the System, so we have the right to revoke this license or terminate the membership at any time without giving any reasons.
This document is an electronic contract between the System, the client, and any other user and is an alternative to any written, printed, or electronic contracts required to be signed between the parties. This document is the legal reference in the event of a dispute over any service related to the Sowan system to all courts and government agencies.
The use and purchase of Sowan products through the System require the user to be 18 years of age and older, and if the user is less than that, it must be used under the supervision of the parents or legal guardian. Sowan will not be legally obligated to verify the user’s legal age and the use of the System, and the provision of any data through it is at the user’s sole risk.
In case of request:
- The customer is obligated to provide all official documents requested by the system administration, which include (license, commercial registry, and customer data) and other documents and data. The system administration reviews all official documents and data provided by the customer, and we have the right to accept or refuse registration in the System.
- The customer shall be legally responsible before all governmental and non-governmental agencies and individuals for any data or documents provided through the System.
- To update the official data such as the commercial register No., tax certificate, banks, bank accounts, the administrator name, etc., the customer must send a letter certified by the Chamber of Commerce and stamped on it to complete the update and change, via the approved email of the System.
The user agrees to receive all notices and notifications from the system administration electronically. Under this Agreement, he waives receiving any written or formal notices required by applicable laws and acknowledges that the notifications sent by the System electronically via the System, email, or mobile number are considered legally valid in the relation between the two parties.
- These Terms are formulated following Saudi laws. The products provided through the System must follow the Kingdom of Saudi Arabia laws, and you comply with laws regardless of your country.
- The user must be legally eligible to enter into this Agreement with us and must be 18 years of age or over when using our System.
- Any required information by the System must be entered correctly, and you are responsible for its accuracy, quality, timeliness, and legality, and you are obligated to update it whenever there is any change.
- The System must be used within the limits of stated purposes through these terms & conditions or the system pages. Our services must be used in good faith and not tamper with the System or its clients in any way.
- The System must be used legally, and this use must be serious. Users should refrain from using the System for deception, fraud, illegal communication, fake communication, or harming any party, and it is prohibited to engage in any actions that expose the System to legal accountability.
- The user must notify us if any illegal practices or activities are detected through the System.
- The user must maintain the System’s reputation and not directly or indirectly offend the System, not cause us direct or indirect damage, and not cause us any legal claims.
- Reselling or commercially exploiting and profiting from any part of the System is prohibited, except for activities authorized by us.
- The evaluations and comments provided by the customer through the System must be honest, legal, and not include any infringement of the System, companies, or other parties.
- The Sowan system reserves the right to make any modifications or changes to its electronic services and the policies and agreements associated with the Sowan system, including the terms and conditions.
- The System retains all its legal rights if any System users violate our legal and legitimate rights, or our rights stipulated in this Agreement.
- The content is provided through the Sowan system for information purposes only and to provide our services exclusively and may not be assigned to any content, sites, or entities that are not affiliated with us.
- The System provides content to present and display our services to users and market our services.
- The text, graphics, photographs, logos, illustrations, explanations, data, and other materials provided by us on or through the Sowan system services, in addition to their selection, compilation, and arrangement, may contain errors, omissions, typographical errors, or be outdated, and the System may change, delete, or make any Content at any time without prior notice.
- The data available through the System may include some unintentional errors, and accordingly, you exonerate us from any liability arising from that, and you also pledge to contact us to inquire and request correction of any errors in the data.
- The user must check any content available through the System, verify its correctness and accuracy and exercise the care of a careful person in dealing with the content.
- The Sowan system does not bear any legal responsibility arising from the content available through the System, and you expressly acquit us from that.
- All data available to other people through the System is provided at their own risk without any guarantees on the System part.
- The content that the user submits through the System must be legal and not infringe on the rights of others.
- The user is legally responsible for any content, data, information, files, documents, documents, or messages that he provides, sends, or exchanges through the System.
- The user shall be responsible before all parties, authorities, courts, and investigation authorities for any penalties or compensation related to any illegal content he provides through the System.
- The customer must be legally eligible to place an order to purchase packages through the System. The client acknowledges that he is working officially under the applicable laws.
- The execution, delivery, and conduct of this Agreement shall be by the duly authorized person and following the client’s procedures, and no other actions on the client part are required to confirm, execute, deliver, and perform the Agreement, and the person agreeing to this Agreement on behalf of the client is duly authorized to consent to this Agreement on behalf of the client.
- The customer must review the specifications of the packages announced through the System before placing the purchase order.
- The customer must follow all the provisions stipulated in this Agreement and abide by the laws in force.
- The customer submits an order to purchase packages at his own risk, without the System providing any additional guarantees or covenants except what is stipulated in this document.
- The System has the right to ban a customer’s membership if we discover at any time that the customer has violated any of the terms and conditions stipulated in this document or that the customer has made fake purchase orders or abused us in any way.
- The customer is obligated to request and use the System for legal purposes and bears responsibility in the event of illegal use of the services requested to be purchased through the site.
- The customer is obligated to write all his data through the System, including contact details and business address.
- The customer acknowledges that we do not interfere in providing services and products to his customers and retracts our responsibility to his customers for any damages caused to the latter due to the lack of quality of the products provided to his customers.
- The store bears full legal responsibility following the obligations and responsibilities specified to it by the authorities.
- The customer guarantees that he has all the legal rights and authority to sell the products, and he also ensures that he has all the necessary permits to sell the product.
- The customer guarantees that all information, pictures, and files of the products he provides are true, accurate, and legal and represent the store’s products. The customer guarantees not to publish any false or misleading information about his products and that the display of the products has commercial legitimacy.
- The customer acknowledges the validity and accuracy of prices he provides through the system, and the orders are executed at the prices specified at the time of payment; no changes in the prices are valid for the paid orders.
- The customer acknowledges that all prices provided through the System include VAT and other government taxes or fees.
- If the customer fails to deliver the orders on time, does not activate any discounts or offers announced on his part through the System, or violates the rights of his customers, he shall be responsible before all parties without any responsibility on the System.
Usage & Installation
You have the right to use the System and install the point of sale program on your computer after contracting with us and paying for the license. The installation is done by following the instructions provided by the company, and you must use protection programs to maintain the integrity of the program and that your device is free of any components or harmful software.
- Licensing: You know and agree that your use of the software is under the “licensing” framework and not under the sales framework, as the System remains owned by the company, and it is the only company that has the right to sell it or license to others to use it.
- Purpose of use: The license includes the use of the System only for its designed purposes.
- The number of licenses: The license to use is limited to the licensed devices belonging to the “client” business.
- License Term: You have the right to use the System for a specific period (the term of the “subscription” package).
- In the event of cancellation, it is the customer’s responsibility to ensure that content and data are saved and backed up.
- If the system is damaged due to indirect or unintentional errors, the company will install the System again for the customer free of charge.
- If the system is damaged due to direct or intentional errors, the company will install the System again for the customer, and he bears the cost of installing the System determined by our side.
- License Termination: The licenses expire for the specified period, or the user’s non-compliance with this Agreement, without prejudice to any rights or compensation for us arising from such breach.
- Non-exclusive licensing: The user knows and agrees that the license provided to him from “Sowan”; therefore, the “Sowan” system has the right to re-license to others to use the System according to the conditions we specify.
The customer is not entitled to make updates to the program, modify it or develop it in any way, and “Sowan” has the right alone to make updates and developments to the program, and the price of the current System does not include making updates, and if the customer requests the updates, he is obligated to pay a new fee in exchange for providing him with the updates required.
- The System provides free technical support during the subscription term.
- If the user provides technical support himself or uses a third party to provide it, this should not affect the provisions of this Agreement, and it is prohibited to tamper with the System or its source code. The company shall not bear any consequences arising from unauthorized technical support by the company.
- Third parties may assist us in providing our services, and the System disclaims legal responsibility for any direct or indirect, intentional, or unintentional errors that occur from third parties that provide services through the System.
- Third parties’ terms and conditions of third parties may apply to the user, and these are not under our control; therefore, the user must review and agree to these policies before benefiting from the services provided by the third parties through us.
Privacy and Confidentiality
- The user is obligated to maintain the confidentiality of all internal transactions related to the System, all financial reports, fees, employee data, and any data or documents authorized for specific persons to view or not intended for third party viewing.
- The user is obligated not to collect or exploit any data of any other parties using the System, such as customers, stores, and service providers, and the use of data is limited to the purposes of providing or benefiting from services only.
- The System maintains the confidentiality of all data you provide to us or activities related to you through the System. And it is viewed by our employees, service providers, related third parties, or anyone expressly authorized by the user or the System to use the data or by the nature of the transaction itself that allows it.
Intellectual Property Rights
- The System and all its material and moral elements are owned by us and may not be imitated, copied, or re-exploited in any way. And all the contents of the System (content, menus, texts, images, video, symbols, numbers, letters, icons, buttons, music, data, information) are subject to legal protection under the laws in force in the Kingdom of Saudi Arabia and international agreements, and we have the right to take actions legal in the event of a violation.
- “Sowan صُوان” is a trademark used by us and may not be infringed, imitated, copied, circulated illegally, or used on marks or services that are not affiliated with us. In the event of a violation of that mark, we have the right to take all legal measures that preserve all our commercial rights to it.
- Each user is personally responsible for all their actions and activities through the System, and the System will not be jointly or by extension liable for any of the users.
- Each user is personally liable in the event of non-compliance with the obligations imposed on him under these Terms or the applicable policies.
- Each user is personally liable in the event of a breach of the applicable laws in the Kingdom of Saudi Arabia or the country to which he belongs, and the System will not be jointly or by extension liable for any of the users.
- The user shall bear the legal responsibility if he breaches our rights under these terms and conditions or violates our rights or ownership of the System or its elements.
- The customer assumes all legal obligations and compensation in case of submitting fake purchase orders or misusing the system services in any way.
- The customer assumes legal responsibility in case of misuse of the services obtained through the System.
- The user bears legal responsibility in case of abuse of the System in any site, System, social media, via email, or through any other means.
- The user bears legal responsibility in the event of offending any other person through the System, without any original, consequential, or joint liability on the System.
- The user is obligated to indemnify us for any System damages due to the user’s or his affiliates’ illegal or unauthorized use.
- The user is obligated to compensate us in case of offending the System’s administration or us, or our employees, partners, distributors, agents, affiliates, or any other person belonging to the Sowan system.
- We reserve all our legal rights arising from this Agreement at any time, and failure to use that right at a particular time does not mean that it is waived at all other times.
- The System is provided (as it is without warranty of any kind), and the company does not guarantee or assume responsibility for the accuracy or completeness of the information, text, graphics, or elements included in the System.
- You agree to disclaim the company, its employees, and its affiliates from liability for the use of the System or the user’s inability to use it optimally or for any interruption, malfunctions, or viruses infecting the System as a result of weak protection and for any loss of profits, revenue, sales, data, costs or interruption of activity commercial loss of any information related to the business activity or any direct or indirect damages of whatever cause.
- The user disclaims our responsibility for all illegal activities not affiliated with us that may occur through the System. The System Cannot control all the actions that take place through it, and the victim must inform us to take the necessary actions towards stopping the source of the damage.
- The System may stop from time to time and may stop permanently, whether for voluntary or involuntary reasons, and therefore, you exempt us from any legal responsibility in the event of a permanent or temporary suspension of the System or any of its services.
- The System does not provide insurance or compensation to the users or customers, and every person who uses the System and the services is at his own risk. The System will not be responsible for the users for any reason while using the System, or its services, or our terms and policies system.
- The System is not responsible for any comments, content posted in it, or any communications inside or outside the System.
- If the System is exposed to piracy or hacking, the user exempts us from any legal responsibility arising from the loss of data, accounts, or any other damages to the user due to these illegal acts.
- All data is available through the System by the client, including (product type, description, characteristics, features, prices, discounts...etc.) The customer provides the data, and the System does not bear any responsibility for any intentional or unintentional errors in this data.
- The customer provides the products, and the System does not interfere either directly or indirectly with the provision of the products. The System does not bear any legal responsibility if the products are damaged, corrupt, illegal, or do not conform to the advertised description.
- The System does not bear any legal responsibility for any damages caused by the products to the customer or any other persons, and the customer is not entitled to recourse to the System with any claims or compensation.
- The customer clears the System from responsibility for all errors he makes, whether intentional or unintentional, and exonerates the System from responsibility for all payments, delivery, and reception.
- The customer shall bear all responsibilities, compensation, and fines regarding the products he provides to his customers if the products are illegal, invalid, defective, shortfalling, non-conforming, or non-compliance with any applicable conditions or laws.
- This disclaimer applies to the fullest extent permitted by law.
Communications & Notifications
- The System will communicate with you from time to time through the contact information you provided to us, and under this Agreement, you authorize us to communicate with you electronically or by phone.
- Any System notifications to inform the users are made through their contact data, and the user is presumed aware of the notification as soon as the System sends it to him. If the user wishes to send us notices, this must be done through our means of communication available through the system pages.
Amendments & Additions
The interpretation and implementation of the provisions of this document are subject to the regulations in force in Saudi Arabia. And these conditions are not limited to the provisions contained therein. However, they extend to include all legal texts regulating civil and commercial relations in force in Saudi Arabia if they are complementary rules and do not directly or indirectly conflict with the clauses contained in this document.
The Saudi judiciary is liable for adjudicating any dispute arising out of the interpretation or implementation of any provision of this document. In the event of excluding any provision by a court ruling, this does not prejudice the validity of the other provisions, and they shall remain valid and produce their legal effects unless the System cancels the Agreement.
This document has been drafted in the Arabic language, and in the case of its translation into any other language, the Arabic text shall apply to all official and unofficial bodies if the foreign translation conflicts with it.
You can contact us via email: firstname.lastname@example.org