Thank you for choosing Athir as your trusted digital partner. We truly value and appreciate your confidence in us. These Athir Service Terms (this “Terms”), between Athir (defined below) and the User (defined below) contain the terms and conditions that govern Your access to and use of Athir Website, Athir App, System and/or Services (defined below as Athir Offering).
By accessing Athir Offering or any part thereof, You hereby represent and warrant that You are duly authorized to enter into and bind Yourself to these Terms and You acknowledge and agree that all such use by You is subject to its provisions.
If You do not agree to these terms or are not authorized to bind yourself, You are not permitted to use Athir offering or any part thereof. Unpermitted use of Athir offering or any part thereof is prohibited.
DEFINITIONSThe following terms shall have their assigned meanings when referenced throughout the Terms; and all references to the singular shall include the plural and vice versa:
| Corporate Client | Means an entity that has contracted with Athir to acquire the System for its organization and staff. |
|---|---|
| Corporate User | Means an individual, except for an Individual User, who accesses or uses the System and/or Services through a User Account created and designated to a specific Corporate Client. |
| Force Majeure | Means any circumstances or causes beyond the reasonable control of either party and resulting in the delay or non-performance of that party’s obligations under these Terms, including without limitation to fire, explosion, strike, lockout, casualty or accident, epidemic, cyclone, flood, drought, or any act of God, war, revolution, civil commotion, acts of public enemies, blockade or embargo and any other causes that cannot be overcome or prevented by due diligence or acts whatsoever, similar to those above enumerated, beyond the reasonable control of a party thereto. |
| Health Care Entity | Means a Corporate Client working in the health care industry in Saudi Arabia such as, but not limited to, hospitals, clinics, laboratories, pharmacies, or radiology centers. |
| Individual User | Means an individual, except for a Corporate User, who accesses or uses the System and/or Services through a User Account. |
| Integration | Means all Athir authorized integration between the System and third-party apps or services. |
| Intellectual Property | Means source codes, object codes, user interface designs and functionalities, digital libraries, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, domain names, trademarks, trade names, service marks, get-up and trade dress, goodwill, design rights, semi-conductor topography rights, database rights, trade secrets and all other intellectual property rights protectable in any part of the world whether registered or unregistered. |
| Athir App | Means the smart phone and tablet application through which a User can access and log into the System or part thereof and/or acquire the Services. |
| Athir Offering | Means Athir App, Athir Website, System and Services collectively. |
| Athir Website | Means the main web page and related web pages through which a User can access and log into the System or part thereof and/or acquire the Services. |
| Athir, We, Us or Our | Means Athir IT Company, a Saudi Arabian limited liability company pursuant to commercial registration number (4030366732). |
| Athir’s Confidential Information | Means (i) all non-public information related to Athir or Athir’s affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (ii) all non-public information disclosed by Athir, Athir’s affiliates, business partners of Athir or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential; and (iii) third-party information that Athir is obligated to keep confidential. |
| Privacy Policy | Means the Privacy Policyof Athir. |
| Saudi Arabia | Means the Kingdom of Saudi Arabia |
| Services | Means the enterprise resources planning system and/or other services offered by Athir to the User from time to time, as per the SLA or any other binding agreement with Athir. |
| Service Provider | Means an entity that provides services to the User, that is governed by a service agreement. |
| SLA | Means the Service Level Agreement signed between Athir and a Corporate Client. |
| System | Means i) Athir Website and/or Athir App used by the User to log into their User Account and all other related pages (except third party websites); and ii) the entire offering of Services. |
| Unified Health File | Means the Unified Health File of each Individual User containing all medical data submitted by various Health Care Entities about the Individual User. |
| User Account | Means the unique access to the System provided to an Individual User and/or Corporate User through a username and a password or any other method required by Athir. |
| User, You, Your or Yourself | Means i) all Individual Users who access or use Athir Offering or any part thereof whether in browsing mode or as a registered user or (ii) Corporate Users who access or use the System and/or Services through a User Account created and designated to a specific Corporate Client, including subcontractors and/or any affiliated Users of the Corporate Client. |
RIGHT OF USEUpon Your acceptance to comply with these Terms, Athir hereby grants You a limited, non-commercial, non-exclusive, non-transferable license to use Athir Offering or any part thereof for the purpose it is created for and as detailed within each part Athir Offering from time to time. You acknowledge and agree that the license granted to You does not include and does not permit You to: a) use, copy, adapt, modify, reproduce, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Athir Offering or any part thereof, except as expressly permitted in these Terms by Athir; b) attempt to gain unauthorized access to, impair or use any aspect of Athir Offering or any part thereof, including User Accounts, in any manner that could damage, disable, overburden, hack or impair Our servers, networks, related systems or interfere with any other party’s use and enjoyment of Athir Offering or any part thereof.
REGISTRATION AND ACCOUNT
Account Creation and AccessWhen You create an account with Us, You will be required to provide personal information about Yourself, which will be collected and used in accordance with Our Privacy Policy. Please review Our Privacy Policy carefully, as Your use of Athir Offering or any part thereof constitutes Your agreement to it. You agree to maintain accurate, complete, and up-to-date information in Your User Account. Failure to do so may result in Your inability to access and use Athir Offering or any part thereof and may result in Athir’s termination of Your User Account. If at any time, You have changed or decided to change Your email address, You agree to be solely responsible for updating Your new email address information with Us. Your account will remain valid even if You have not selected or engaged any Athir Offering or any part thereof. You are responsible for safeguarding the password that You use to access Athir Offering or any part thereof, as well as for any activities or actions under Your password. You further agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your User Account. For the avoidance of doubt, the User acknowledges and agrees that the system and/or services are provided as is and that the system or services are only limited to processing the User’s Content and data, as such, the User is solely and fully responsible for the accuracy of the User’s Content. Athir shall not bear any consequence or liability resulting from processing inaccurate or incomplete User Content. The User also undertakes all responsibility that all User Account created by it on the system are used by qualified and eligible individuals (i) holding all the legally required licensees to practice their profession and (ii) understand how to use the system correctly.
Deactivation or Deletion of AccountIf at any time, You wish to terminate Your access to Athir Offering or any part thereof or permanently delete Your account, You can contact Us to delete Your account. We may also intentionally deactivate or delete Your account if any provision under these Terms gives Us the right to do so without Your consent, such as inactivity of Your User Account and/ or a breach or a violation of the Terms. However, whenever Your account is deactivated or deleted, for any reason, Your Unified Health File Content will be securely kept in the System as part of the Health Care Entity’s Data.
CORPORATE CLIENTSThese Terms take effect by i) the Corporate Client signing a Service Level Agreement, that remains valid during the use of Athir Offering or any part thereof, and which contains a reference to these Terms and an obligation to accept its terms and conditions; (ii) the User clicking the button or checking the box of “I ACCEPT” upon the first access to the System or any other acceptance method intended for the same purpose; and/or (iii) any other access or use of the System by Corporate Clients’ affiliates and Users who may access and use Athir Offering through the User Account created and designated to a specific Corporate Client, in accordance with these Terms, the SLA signed with the specific Corporate Client and the laws of Saudi Arabia.
INTELLECTUAL PROPERTY RIGHTSBoth You and Athir acknowledge and agree that the Intellectual Property of each of them is owned by each of them respectively and nothing in these Terms grants party any rights in the other party’s Intellectual Property. You acknowledge and agree that all Intellectual Property rights in Athir Offering or any part thereof is the sole ownership of Athir or is owned by a third party and is displayed by Athir with the authorization of such third party. You further acknowledge and agree that Athir grants You a right to only access and/or use Athir Offering or any part thereof, and that You do not have any kind of rights in, or to, Athir Offering or any part thereof other than as stated in these Terms. You are not permitted to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, or disseminate any propriety rights without the prior written consent of Athir. Also, You declare that nothing in these Terms is intended to or shall convey to You any right or license in or to any Athir content, unless specifically provided for herein.
SERVICES
Athir provides or intends to provide a number of Services, from time to time, through Athir App including but not limited to:
For Corporate Users:
- Maintaining chart of accounts
- Financial postings and statements
- Managing user and/or employee profile
- Payroll management
- Goods receiving or issuing
- Selling through sales of points
- Electronic Health Record
- Maintaining vital science
- Diagnosing patients and issuing medical report or sick leaves
- Entering Lab results
For Individual UsersBooking appointmentsOnline paymentsViewing a User’s profile and/or medical dataReminder notification.Notification while in Health Care Entity when it is the patient’s turnReminder notification to evaluate health care provider.Customized health tips.Follow up on medical referrals.Viewing medical prescription linked to the “Wasfaty” system.Virtual clinics.Viewing lab results.Viewing medical reports and medical leaves.WTHIQ service to verify account.Communication and suggestion service.
Access to the Services
Withstanding other provisions in this Terms and the SLA, Athir will make the System and Services accessible for the use of the User. The User may access and use the System and/or Services in accordance with this Terms, the SLA and the laws of Saudi Arabia.
Integrations
The System contains features designed to connect with third party systems or applications either: (i) as a basic offering by Athir, which the User agrees that such basic integrations will be part of the System and/or Services; or (ii) as some customized integration upon the request of the User. While Athir will practice its best reasonable efforts to maintain the continued availability of such features, Athir cannot guarantee the continued availability of such features, and may cease providing them without entitling the User to any refund, credit, or other compensation, if for example and without limitation, the provider of the third party system or application ceases to make the third party system or application available for integration with the System or Services in a manner acceptable to Athir.
Maintenance
Athir shall maintain the System and/or Services through Technical Support and Upgrades as follows:Technical Support:
Athir shall receive the User’s Technical Support Tickets on 24 hours, 7 days a week basis. Athir shall also practice its best effort to respond to all Tickets in a timely and efficient manner. In all cases and unless otherwise specified in the SLA, Athir will apply the following reaction times with regards to the User’s Technical Support Tickets based on priority level:
| Priority Level | Description |
|---|---|
| Priority 1 – Very High | Major full System/Services down; User cannot work around the issue. Systems/Services no longer available to any Users. |
| Priority 2- High | Major full or partial System/Services down; User can work around the issue. Impacts multilabel Users. |
| Priority 3 – Medium | Service unit issues: User can work around the issue. Users workflow interrupted. Issue impacts multilabel Users. |
| Priority 4 – Low | Service unit issues: User can work around the issue. User workflow interrupted. Issue impacts a single User. |
The User initially sets the priority level when creating the Ticket, however final assessment of the actual level of priority will be subject to Athir’s discretion.
Upgrades:
For the purposes of maintaining optimized performance and continuous improvement of the System and /or Services Athir may, from time to time and based on its sole discretion, apply a System and/or Services Upgrades, that may affect the System and/or Services across all Users or to a specific User. Athir shall practice its best effort in notifying Users of all Upgrades as far in advance as is reasonably possible and to provide Users with all relevant documentation as soon as possible after notification. Athir will use all reasonable efforts to minimize Athir’s downtime and schedule maintenance outside of Athir’s normal peak operating hours.
Beta Services
Athir may sometimes release products and features that are still in the testing and evaluation phase and may not be as reliable as Athir’s other Services. Beta services are made available so that Athir can collect User feedback, and by using the Beta Services, the User agrees that Athir may contact the User to collect such feedback. Beta services are considered to be part of Athir’s Confidential Information subject to the confidentiality requirements under this Terms
Payments
When You book an appointment with a Service Provider, Athir provides and is responsible for the System – but not the Experience and Quality of Services provided by the Service Provider. When You book for an appointment, You agree to pay the cost of the Services, including any charges and taxes that may apply. For some Services, You may be required to make an upfront payment and/or a payment taken at the time of the Service delivery.
- If we organize Your payment, We (or, in some cases, our affiliate) will be responsible for managing Your payment and ensuring the completion of Your transaction with the Service Provider. In this case, Your payment constitutes final settlement of the ‘due and payable’ price.
- If the Service Provider charges You (i.e. payment on arrival), this will usually be in person at the start of the Service delivery, but it could also be (for example) that Your credit card is charged when You book online. This depends on the upfront payment policy of the Service Provider as communicated to You in the booking process.
If the Service Provider requires an Upfront Payment, it may be taken or pre-authorized when You make Your booking, and depending on the Service Provider’s upfront payment policy, it may be non-refundable. Before You book, PLEASE CAREFULLY READ THE SERVICE PROVIDER’S UPFRONT POLICY, which We do not influence and are not responsible for. An E-Invoice will be issued by Athir as a proof of payment; however the Service will be delivered by the Service Provider. We may store your Payment Method details for future transactions after collecting Your consent. If You know of or suspect any fraud or unauthorized use of your Payment Method, please immediately contact Us to enable Us to take the necessary action with the concerned payment department.
Cancellation and RefundsIf You cancel an appointment or do not show up, any cancellation/no-show fee and any refund will depend on the Service Provider’s cancellation/no-show policy. Before You book, PLEASE CAREFULLY READ THE SERVICE PROVIDER’S CANCELLATION /NO-SHOW POLICY, which We do not influence and are not responsible for. Some bookings cannot be cancelled for free, while others can only be cancelled for free before a deadline. USERS SHALL NOT BE ENTITLED TO A REFUND FOR CONSUMED SERIVICES AND ANY EXPENSES MADE ALONG THE WAY.
THIRD PARTY SERVICESAthir may provide links or reference to the websites or applications of other third parties. These links are provided solely as a convenience to You, and do not constitute an endorsement by Athir of the content of such third-party websites or applications nor of the business practices of such other businesses, and in no event, shall Athir be responsible or liable for any products or services of such third-party services. Further, some third-party services may be applicable to You through Your use of the App and/or Services, such as a third-party payment gateway. You acknowledge that Your use of any third-party information or websites or applications is at Your own risk and that different terms and conditions, and privacy policies may apply to Your use of such third-party services and content, which You should carefully review in advance of time.
FORCE MAJEURENeither You or Athir shall be in default or in breach of its obligations under these Terms to the extent that performance of such obligations is prevented by the occurrence of any event of Force Majeure which arises after the date of this Terms. If any party considers that any event of Force Majeure has occurred which may affect the performance of its obligations under these Terms, it shall notify the other party in writing as soon as possible, but in no case later than fourteen (14) business days from the commencement of such event.
CONFIDENTIALITY
You shall hold Athir’s Confidential Information in the strictest confidence and shall not, without the prior written consent of Athir, use or disclose to any third party, directly or indirectly, any of Athir’s Confidential Information, except as follows with reasonable prior notice given to Athir to allow Athir the time to take the appropriate measures: (i) is generally known to the public through no improper action or inaction by You or any of Your affiliates, agents, consultants or employees; and/or (ii) the disclosure of Athir’s Confidential Information is required by applicable laws, regulation, court order or governmental authority.
LIMITATION OF LIABILITY
Athir and its affiliates will not be liable to You for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if Athir has been advised of the possibility of such damages. Further, neither Athir nor any of its affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with the Your inability to use the services, including any termination or full or partial suspension of these Terms or the User’s Account, use of or access to Athir Offering or any part thereof or any unanticipated or unscheduled downtime of all or a portion of the Services for any reason including but not limited to: (a) the cost of procurement of substitute goods or services; (b) any investments, expenditures, or commitments by You in connection with these Terms or Your use of or access to the Services; and/or (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your content or other data. In any case, Athir’s liability under these Terms will not exceed the amount actually paid by You to Athir under these Terms for the System and/or Services during the 12 months before the liability arose.
TERMINATION
Athir reserves the right, if it determines it is best, to terminate, suspend and/or deactivate Your account immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services. We may also terminate, suspend or deactivate Your account for any other reason, including inactivity for an extended period. Athir shall not be liable to You or any third-party for any termination, suspension or deactivation of Your access to Athir Offering or any part thereof. Further, You agree not to attempt to use Athir Offering or any part thereof, in any manner, after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to Your inactivity, You may be permitted to create another user account). Athir shall not be liable for the delivery of any services and/or data loss if the User Account has been terminated. Unless Athir terminates this Agreement for breach, for a period of thirty (30) calendar days following the termination or expiration date Athir we will not take action to remove from the System any Client Content and we will allow the Client to retrieve the Client Content from the System only if the Client have paid all amounts due under this Agreement and/or the Athir Service Terms; and/or Corporate Clients are obligated to ensure the validity of the SLA signed with Athir; otherwise Athir reserves the right to, if it determines it is best, to terminate, suspend and/or deactivate User accounts immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services.
COMMUNICATION
All communication and notices required by these Terms from Athir to You will be deemed to have been duly given when provided by Athir to You via email at the email address registered on Your User account. You understand that Athir will send communications that are needed to provide Athir Offering or any part thereof to You, such as a response to a password reset request, customer support requests and/or educational material, You cannot opt out of these communications. You acknowledge that it is Your sole responsibility to notify Athir of any change to Your email address and/or any other contact information as soon as they are changed. All email communications and notices sent to Athir should be directed to the following email address: info@nexencare.com.
INTENDED JURISDICTION
The System is administered in Saudi Arabia and is intended for the access and use of Users located in Saudi Arabia. Any use outside of Saudi Arabia is at the Users’ own risk. Users are responsible for compliance with any other local, state or federal laws when using the System outside of Saudi Arabia.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws and regulation of Saudi Arabia. In case where a dispute arises between You and Athir, it shall be resolved amicably within fifteen (15) days from the date of notice given by one of the parties to the other party, notifying them of the existence of such a dispute. If no such amicable resolution could be reached within the designated period, then the dispute shall be referred to the relevant courts in the city of Jeddah, Saudi Arabia.
GENERAL PROVISIONS
Entire Agreement
These Terms and the Service Level Agreement constitute the entire binding agreement between Athir and the User regarding the subject matter of these Terms. They supersede all prior or contemporaneous representations, understandings, agreements, or communications between You and Athir, whether written or verbal, regarding the subject matter of these Terms.
No Waivers
If Athir fails, at any given time, to insist on strict performance of any of Your obligations or representations under these Terms, or if Athir fails to exercise any of the rights or remedies to which it is entitled under these Terms, such failure shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations; and a waiver by Athir of any default shall not constitute a waiver of any subsequent default.
Nature of the Relationship
You acknowledge that the relationship between You and Athir is solely a service provider relationship and that nothing in these Terms shall constitute that the relationship between You and Athir to be a partnership, agency, employment or representation relationship.
Language
In the case of conflicting meanings between the Arabic and English text of these Terms, the text of the Arabic language shall prevail.
Severability
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision, condition or clause will, to that extent, be severed from the remaining provisions, conditions and clauses which will continue to be valid to the fullest extent permitted by law.
Assignment
You may not assign, transfer or sublicense the provisions of these Terms, Services or access to the System in whole or in part to any person or third-party without Athir’s prior written approval and any attempt to do so in violation of this section shall be null and void.
Conflict of Agreements
In case there was a direct conflict between the provisions of these Terms and the provisions of the SLA: With regards to Corporate Clients and/or Corporate Users the following documents shall have priority in the order they are mentioned and shall apply only to the limited extent of the direct conflict: (i) The provisions of the SLA shall have the first priority, and (ii) the provisions of Athir Service Terms shall have the Second priority. With regards to Individual Users and/or Users, except a Corporate User, these Terms shall be the first priority when resolving a conflict in documents. For the avoidance of doubt the SLA shall not replace or prevail over these Terms as a whole.
Amendments to the Terms
Athir reserves the right to modify these Terms at any time by posting a revised version on Athir App, Athir Website and/or System or by otherwise notifying You as per the communication provisions under these Terms.