38.10 SAR

Terms of Use

 

INTRODUCTION

Welcome to the Advanced Petrochemical Company website (www.advancedpetrochem.com, referred to
as “The Site”). Advanced Petrochemical Company (“Advanced”), a Saudi listed joint-stock
company established and existing under the laws of the Kingdom of Saudi Arabia with a fully
paid-up capital of (2,600,000,000) Saudi Riyals, with commercial registration number:
2050049604, having its head office address at Dammam City, building No: 2570, Al-Khalij Rd,
6086, Ash Shati Al Gharbi District, Postal Code: 32413, Kingdom of Saudi Arabia.
Your entry, accessing, browsing, searching, navigating, inserting, downloading, uploading,
copying, or any other form of usage (“Use” or “Using”) of The Site and/or any information or
material from The Site is governed by the terms of use detailed below (“the Terms”),
Advanced’s Data Protection Policy, and Cookie Policy (herein collectively referred to as
“Policies”). We strongly recommend that you read these Terms and Policies thoroughly prior to
using The Site.
The Terms outlined here are solely applicable to Using The Site. The services and information
acquired through The Site do not modify the terms or conditions of any other agreement you may
hold with Advanced or any of its subsidiaries or affiliates.
When you Use The Site, you agree that, as the user, you have read and understood the Terms,
and your Use of The Site signifies your acceptance of them.
Please be aware that the Terms may be updated from time to time at our discretion. We
recommend that users of The Site regularly review the Terms for any changes. Your continuous
Use of The Site following any such changes indicates your acceptance of the new Terms. If you
do not agree to comply with the Terms or any future terms, we kindly ask that you refrain from
Using The Site or downloading materials from it.
The Site and its content are the property of Advanced.
Any reference in the Terms or The Site to “Group”, “company”, “we”, “our”, or “us” shall, as
appropriate, mean Advanced.

 

SITE CONTENTS & INFORMATION

The Site, along with any data, materials, suggestions, services, or other content (“Site
Information”) posted or linked on it, is provided by Advanced at no cost and in good faith.
However, it is offered “as is” and solely for informational purposes and Advanced and/ or its
affiliates are not bound by the content. Advanced has the right at its sole discretion to end, alter,
pause, or stop any part of The Site, including the availability of any features, at any time.
Advanced also has the right at its sole discretion to delete, adjust, or otherwise alter any content,
including that of third parties, on or from The Site.

 

PERMITTED & PROHIBITED USE

Users may only access and Use The Site for legitimate personal and/or commercial and/or other
lawful purposes and shall not Use The Site or any Site Information, services or products for
harmful and/or illegal and/or unlawful purposes such as:
1. transmitting of any unsolicited and unauthorized promotional material or any other form of
similar solicitation (spam);
2. knowingly transmit any data that contains viruses, spyware or other harmful programs;
3. disclosing, sharing or publishing material that may infringe on any person’s intellectual
property rights, or may be offensive, defamatory or otherwise prohibited or objectionable
(including without limitation, content that includes racism, hatred, or that promotes illegal
activities, or physical harm against anyone);
4. tampering, hacking, modifying or otherwise attempting to corrupt any security or
authentication measures;
5. using or attempting to use another’s account, service or system without authorization from
Advanced, or creating or using a false identity on The Site; and/or
6. disrupting or interfering with any other user’s enjoyment of The Site.
In Using The Site, you also agree not to divulge your username and password to others either on
or off The Site and keep such username and password protected from unauthorized use.
Advanced holds the exclusive right to set boundaries on certain features and services, limit your
access to sections of The Site, or even discontinue your usage entirely. While Advanced retains
the authority, it is not obligated to eliminate any content that it finds unsuitable, based solely on
its judgement.
You agree to hold harmless Advanced and its affiliates and parties with whom Advanced has
contracted for purposes of hosting or maintaining The Site from all claims based upon
communications you have made or materials you have posted and/or your other Use of The Site.
You acknowledge that any communication you make to anyone in any public area of The Site or
copyrighted works you post on The Site – including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes
or requests for quotes, performance data, account information, or other material, data or
information (collectively herein referred to as “Information”) – are not confidential. You provide
Advanced with an irrevocable, non-exclusive, royalty-free, sub-licensable, global license
(including but not limited to a copyright license) to utilize such Information for the purposes
outlined in our Advanced Data Protection Policy.

 

DATA PROTECTION & COOKIE POLICY

Personal data will be collected, processed and used by Advanced for the purpose of providing
services, including but not limited to The Site functionality (through the use of cookies), and to
facilitate transactions with you in accordance with the Policies. 

 

No fee usually required

You will not have to pay any fees to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

 

THIRD PARTY CONTENT

The Site may contain material, data or information provided, posted or offered by third parties
through framing and other technology, including but not limited to general content,
advertisements, product or service data and tools, sponsorships or postings in online community
discussions. You agree that neither Advanced nor its affiliates shall have any liability whatsoever
to you, and you hold Advanced and its affiliates harmless for any such third-party material, data
or information. Your Use of third-Party Content may also be subject to the terms of the
applicable content provider’s terms of use and privacy policy. Advanced does not verify,
endorse, or vouch for the content provided by third parties on The Site. Advanced is not
responsible for the delivery or quality of any goods or services sold, advertised or made available
by third parties on our or any other website. If you believe any of the content provided by third
parties violates any of your proprietary rights, please notify us as soon as possible. 

LINKED SITES

The Site may contain links or references to other external websites. Please note that Advanced does not accept any responsibility or liability for the content found on these websites. It’s important to understand that our Data Protection Policy does not govern the collection and processing of your data on these external websites. Advanced will not be held accountable for and you hold Advanced harmless of any and all harm or damages of any sort resulting from your ability or inability to Use these external websites and the information they provide, or from your reliance on any information provided on these websites.

 

Retention of your Personal Data

The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy and permitted by the law. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), future potential business, resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

PRODUCTS AND SERVICES

All information provided on The Site by or on behalf of Advanced, regarding its products and services, whether it is data, recommendations, or otherwise, is considered to be dependable. However, it is the user’s responsibility and liability to validate and confirm that such information, products, or services are complete and up to date. The sale of all products and services by Advanced is governed by the applicable standard contractual terms and conditions of sale from Advanced, which can be obtained freely upon request. Apart from what is specified in these contractual terms, Advanced does not assume any liability concerning the use of the products and services. Such request shall not be deemed, constituted, or interpreted as an acceptance from Advanced to create any agreement or relationship with the user. The Site Information and/ or any and all information, including but not limited to prices, quantities, standards terms and conditions, and advertisements are subject to change from time to time at Advanced’s sole discretion, and shall not be deemed, constituted, comprised, or interpreted as a request for quotation, offer, or an invitation to enter into an agreement, and shall be solely for informational purposes in which Advanced and/ or its affiliates are not bound by the content.

 

INTELLECTUAL PROPERTY

Unless specifically stated otherwise, all intellectual property rights, including but not limited to, copyrights in and to the content, trademarks, logos, trade names, and other proprietary information provided on or through The Site (whether in text, images, or other forms), are owned by, or have been licensed to Advanced, and are therefore protected by law. Advanced allows you to use material from The Site solely for permitted personal use or non-commercial and informational purposes as outlined above, and subject to the following further conditions: 1. no part of The Site may be distributed or sold for commercial gain or for political purposes; 2. no part of The Site may be modified in any respect; 3. the copyright notice (“from Advanced’s website”) must appear on every copy or portion thereof and the date of copying; 4. the prior written consent of Advanced is required for any other use of the intellectual property contained in The Site and all information provided on or via The Site and any misuse of its contents is strictly prohibited; 5. nothing on The Site should be construed as granting any license or right in, or to, any trademark, patent or any other intellectual property right of Advanced. In particular, no user shall be entitled to use Advanced trademarks and names and/or to make any hypertext links to other websites without our prior written consent of Advanced. By Using The Site, you, the user, acknowledge that you do not acquire any ownership rights whatsoever by downloading and using any material from The Site; and 6. without prejudice to any other criminal or civil remedies available to Advanced, Advanced reserves the right to bar any user on a temporary or permanent basis if the user is suspected of committing any infringement and/or Using The Site for purposes and in ways not allowed by the Terms. 

 

DISCLAIMER

Advanced does not provide any guarantees or make any assertions about The Site and/or the Site
Information. Users should Use The Site Information at their own discretion and risk, as outlined
in the Terms. Although Advanced will make reasonable efforts to ensure the accuracy and
currency of the Site Information, it is ultimately the users’ responsibility to assess, interpret, and
if necessary, make additional inquiries and independently confirm the Site Information before
using or relying on it.
Advanced does not warrant that the functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that The Site or the server that makes it available are
free of viruses or other harmful components. Advanced does not warrant or make any
representations regarding the use or the results of the use of the materials in The Site in terms of
their correctness, accuracy, reliability, or otherwise. You (the user and not Advanced) assume the
entire cost of all necessary servicing, repair or correction. Neither Advanced nor any of its
affiliates shall be liable for any direct, indirect, incidental, consequential, or punitive damages
arising out of or in any way connected with Using any content on The Site or any content on any
site or sites linked to The Site. Advanced has the right to make changes to The Site and to the
representations included as part of The Site at any time without notice.
Advanced categorically denies any and all guarantees or warranties, whether stated or implied,
regarding the precision, timeliness, completeness, and/or the salability or suitability for a specific
purpose of any information housed on or provided through The Site and/or any service or
product detailed or advertised on The Site.
Your agreement to Use The Site, inclusive of all content, data, or software disseminated by,
downloaded, or accessed from or via The Site, is entirely at your own risk. You acknowledge
and consent that you will be the only one accountable for any direct, indirect, special, incidental,
and consequential damage to your business, your computer system, and/ or loss of data that
ensues from the download of such content, data, and/or software.
You recognize that Advanced doesn’t have control over the information, products, or services
provided by third parties on The Site. Unless there’s a written agreement stating otherwise,
Advanced and its affiliates don’t take responsibility for, nor do they guarantee or endorse the
accuracy, timeliness, completeness, reliability, or usefulness of any advice, opinion, statement, or
other content, or any products or services distributed or made available by third parties. This
includes, but is not limited to, framed content and content related to sponsors on The Site.
Advanced doesn’t guarantee that The Site or its content will fulfill your needs, or that The Site or
its content will be continuous, timely, secure, or free from errors, or that any defects will be
rectified. Advanced also doesn’t guarantee the results that may be achieved from using The Site
or its content, or the accuracy, completeness, or reliability of any information obtained through
the Use of The Site.
No advice or information, whether oral or written, obtained by you from Advanced or through
The Site shall create any warranty not expressly stated in writing.
Some states or countries do not allow the limitation or exclusion of certain warranties or
conditions, so some of the above exclusions may not apply to you.

 

LIMITATION OF LIABILITY

Advanced is not liability for any damages, loss or injury of any kind in any way resulting from,
or in connection with your Use of, or inability to Use The Site, nor from the Use, or your reliance
on any Site Information or services provided on or via, The Site, including, but not limited to,
viruses that may infect your computer equipment, software or data, to the fullest extent that such
liability can be excluded by law. Further, Advanced shall not be liable for damages resulting
from the use of electronic means of communication, including, but not limited to, damages
resulting from the failure or delay in delivery of electronic communication, interception or
manipulation of electronic communication by third parties or by computer programs used for
electronic communications and transmission of viruses.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages or for gross negligence. In such event, our liability is – to the extent
permissible by applicable law – limited to any revenues we received from you (including your
company) in the twelve (12) months preceding the applicable cause of action.

 

APPLICABLE LAW, JURISDICTION

The Kingdom of Saudi Arabia shall have non-exclusive jurisdiction over any dispute arising out
of your use of this service. Advanced reserves the right to bring proceedings to the courts of the
country of your location.

 

SEVERABILITY

If, at any time, one or more of the provisions of the Terms is, or becomes, illegal, invalid or
unenforceable in any respect under the law of any applicable jurisdiction, neither the legality,
validity or enforceability of the remaining provisions, nor the legality, validity, or enforceability
of such provision under the law of any other applicable jurisdiction shall in any way be affected
or impaired thereby. Advanced shall endeavor to replace the illegal, invalid or unenforceable
provision with a new provision that reflects and is as closely related to the intention of
Advanced. 
 

 

WAIVER 

Any failure or delay by Advanced to exercise or enforce any right or provision or part of it
hereof shall in no way constitute a waiver of such right or provision. In such event Advanced
exercises or enforces any part of any right or provision, shall in no way constitute a waiver of the
whole right or provision. 

ENTIRE AGREEMENT

The Terms constitute the entire agreement between Advanced and the user for the Use of The Site and shall take precedence over any disclaimer and/or notice attached to any communication and/or posting received from the user.

 

Contact Us

If you have any questions about this Terms of Use, you can contact us