The Terms and Conditions (this “Agreement”) on Balador’s Application (the “Application”) set out terms and conditions between “Balador Technology Solutions” and its affiliates on one side; and you, Balador registered user (“User”), on the other side in relation to Services Balador Provides under this Terms (the “Services”)

The terms we, us, our, company, and Balador shall refer to “Balador Technology Solutions” and its affiliates.

In this Agreement words importing one gender shall be treated as importing any gender, words importing individuals shall be treated as importing corporations (and vice versa) and words importing the singular shall be treated as importing the plural and vice versa.

1. DEFINITIONS

“Personal Information” means your personal data including but not limited to biometric data, and any identifiable data that is provided by you or is accessible through any other sources.

“Credential” means username, password, PIN (Personal Identification Number), fingerprint, face, device password, OTP (One Time Password) as well as all similar codes in relation to the usage of Services, regardless of its name.

“Merchants” means the private or public service providers that are onboarded on Balador’s Application and offer services to the users.

“Products” means products, goods, merchandise, and services that appear on the Application

2. GENERAL PROVISIONS

2.1 You have read and understand this Agreement thoroughly and agree to this Agreement before using our services.

2.2 This Agreement is one part of our Privacy Policy which we can and may amend, modify, or change any provisions or conditions at any time without notifying you. Except where the change is materially affecting you: we will notify you via in-app notification or any other reasonable means.

By using our Services after the change is effective, you agree and accept the revised version of this Agreement.

2.3 Any changes, features and/or new services are also governed by this Agreement.

3. USE OF SERVICES

You agree and accept that you will only use our Services under these following conditions:

3.1 You may use our Services by registering in the Balador’s Application with the method we provided, or by linking your User Account with your Social Media Account such as Facebook, Gmail, Apple and others.

By registering or linking an account, you certify that you provide us is the most recent and accurate information.

3.2 You agree to secure and keep confidential of your credential and shall not disclose or by any other means let other people know or access your credential or such data.

3.3 You accept that any transactions made under your credential is your sole responsibility. We do not own any responsibility to any losses or damages from those transactions made under your credential.

3.4 You agree and accept us to collect your personal information. The collection will be done on the necessary extent and solely to provide you the best experience of our services. You agree that we can and may use, process, send, or transfer your personal information to our affiliates as well as government sectors, financial auditors, external auditors, or any person/juristic person who has business relation with us solely for the purpose to use, disclose, processing, analyse, approve/identify credential, improve our service, operate as you have requested, operate under any contractual obligation for user’s benefit, examine transactions, and for any other purposes which is not illegal and is for the best benefit of you.

We agree not to disclose or divulge, without your prior consent, any of your Personal Information to third parties except as we set out in this Agreement and our Privacy Policy and in case required by law.

3.5 You agree and accept us to send you information, offers, marketing campaigns, promotions, campaigns, or offer you merchandise which may benefit you or may be of your interest. You acknowledge that you may terminate or unsubscribe the newsletter by our provided method.

3.6 Users under legal age must use our Services under their parent consent and supervision.

4. CONTENTS

You acknowledge that by uploading, or publishing any data, information, text, images, videos, audios, logos, or any other material into application (collectively “Contents”), you grant us the right to use your Contents while retaining your right in such Contents.

Our services include, but are not limited to, texts, messages, pictures, graphics, software pictures, videos and audio files, and other media of similar nature, on the company’s services which are the Balador’s website and the Balador’s application (the “Company’s content”). These contents are licensed by the company and are under the legal protection of the Intellectual Property Law and other applicable laws.

You must not reproduce, copy, change, edit, add, remove, or utilize the company’s content. Also, you will not sell, distribute, or use any other means to commercially benefit from the content.

5. SERVICE CANCELLATION AND TERMINATION

·        5.1 In events where you wish to stop using our services, you can notify us by the methods specified in the Privacy Policy.

·        Once you terminate your account, we will no longer be able to collect your personal information, and you will not be able to use our services via the application during the entire period in which your account is terminated. Your device identifier will still be kept, so that when you reinstall the application, the identifier guides us to remember your device, as well as other transactions and activities, allowing you to continue using our services through our application.

·        5.2 We reserve the right to suspend or terminate your account anytime without prior notice or Justification; However, below are some cases if you do or let other do, will cause your account to be terminated:

o   5.2.1 Do or let other does: reproduce, copy, change, edit, add, remove and/or infringe rights in intellectual properties, including but not limited to copyrights, patents, trademarks, service marks, trade names, trade secrets, or any other intellectual properties by any means and any purposes; except, where we have written consent.

o   5.2.2 Use forgery or present false information in account registration.

o   5.2.3 You ask us to terminate your account as set out in Clause 5.1

o   5.2.4 Use any method which may affect or interfere with the operation of the system by sending virus or other code in any form which is designed to interrupt, destroy, or limit the computer system or computer hardware or telecommunication software of our users, internet users, or any third parties.

o   5.2.5 Use any software, code, or an including but not limited to Trojans, Worms, Spyware or any malicious software, which is designed to interrupt, interfere, or disrupt the operation or provision or our services or computer and/or computer system of third parties, to access, collect, copy, or examine data whether all or part of the services which may be found or accessible.

o   5.2.6 Use our Services for unlawful purposes.

o   5.2.7 Breach this Agreement, or Privacy Policy including any further amendment or modification.

o   5.2.8 In case of user feedback, whether in text, voice message, photos or video format, to the Merchant or to Balador, contains any content of nudity, sexual, violence, hate speech, private information, solicitation, scam, impersonation, copyright or trademark infringement, or any content which is against the law.

6. Services provided by Merchants

Balador is a cloud-based Queueing Management System that provides visibility on the queue situation in Merchant’s shops and allow users to book their tickets virtually. Balador does not interfere or guarantee or will be held responsible for the quality of the service provided by the Merchant and does not guarantee the estimated waiting time for the service at the Merchant’s side.

7. CONNECTION TO OTHER WEBSITES/APPLICATIONS

Our Services may have advertisements and links to other websites and/or other applications (collectively “Other Providers”). Linking to Other Providers is solely for your convenience. We do not own nor guarantee the availability or accuracy in the content of advertisement and/or of Other Providers.

If you use any link to other providers, or install any application or software, or download any content from other providers; you understand and acknowledge that you have done so at your own risk; we do not concern or responsible to such contents, information, data or any of your action through other providers. In case any issue arises from those actions, you shall contact other providers directly.

8. Disclaimer of warranty

 You expressly acknowledge and agree that the use of the application and the content is at your sole risk and that you bear all risks in terms of performance, accuracy, and effort. Balador, its partners whom it licenses, its agents, office members, directors, employees, affiliates, owners of rights in it, its subsidiaries and its members, provide the application and content as they are without any guarantee of any kind, and announces Balador, on behalf of itself, the companies that license it and every member mentioned here, it does not guarantee that the functions contained in the application meet your requirements, do not guarantee that the application is free from viruses or other harmful components, do not guarantee that the operation of the application will not be intermittent or error-free, and do not guarantee that defects in the application are corrected, or that the functions contained in the application will work with other software or hardware or within a specific system. Balador does not guarantee the accuracy or reliability of any information you obtain as a result of your use of the application. Any verbal or written information or advice provided by Balador, its members or its official representative is not considered any form of warranties.

9. Liability limits

Balador, its partners, its licenses, its agents, office members, directors, employees, affiliates, owners of rights in it, its subsidiary companies and its members will not be held liable to the maximum extent permitted by applicable law and regardless of whether any of the solutions fails to achieve their primary purpose, in any case Personal injury or any incidental, special, indirect, consequential or punitive damages of any kind including, but not limited to, damages resulting from lost profits, lost time, loss of savings, loss of data, data corruption, inaccurate data or Communication services failure or loss of confidential information or other information resulting from business interruption or any other commercial damages or losses arising out of or related to your use or your inability to use the application or content, whatever their cause, regardless of liability theory (tort or contracts Or otherwise) even if a periodical notification is given of the possibility of such damages. The foregoing limits will apply even if the above solutions fail to achieve their primary purpose.

10. RIGHTS IN INTELLECTUAL PROPERTY

You agree and accept that text, images, videos, audios, logos and/or any part of its that appear on our services, including but not limited to, copyrights, patents, trademarks, service marks, trade names, database, rights in intellectual property (in definition below); except the data, information or images that you have imported or published via our services by yourself; are protected by intellectual property laws and are our, and our sole proprietary, copyrights, or rights.

Rights in intellectual property refer to any rights under patent laws, intellectual property laws, trademark laws, trade secret laws, or unfair competition laws.

Any products, goods, merchandise, services, company’s name, trademarks, service marks, or trade names which appear on our Services are sole proprietary of its owner and the owners shall retain their ownership, copyrights, rights.

11. Compensation

Under this agreement, you agree to periodically indemnify Balador, discharge, and defend it, and its partners who are authorized by it, its agents, members of its office, directors, employees, affiliates, owners of rights in it, its subsidiaries and its members, from and against any action, cause, claim, damage, debts, demand or liability, including This includes reasonable costs and attorney fees, borne by anyone, that result from or related to your use of the application or its content.

12. LANGUAGES

Translations of this Agreement into any other language are for the sole purpose of your convenience. In the event of conflicts or discrepancies between any translated version and the other language version, the latter shall prevail

13. GOVERNING LAWS

In case any dispute arises out of or in relation to this Agreement, Privacy Policy, or the use of our Services, the laws of the Hashemite Kingdom of Jordan shall govern and be used to resolve the dispute.