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TERMS AND CONDITIONS

Last Updated: 2023-02-15 11:13:00

1. Introduction

  1. These Terms and Conditions (the “Terms”) is made by and between:
    1. Sager Autonomous Robotics LLC., a Jordanian corporation with its principal place of business at XRCM+V3Q, King Abdullah II St, Amman 11831 (the “Sager”); and
    2. All Users of the Service offered by Sager, which include Pilots and Clients (as defined herein) (“Users”)
  2. Each herein referred to individually as “Party”, or collectively as the “Parties
  3. These Terms contains terms and conditions that are applicable to all Users. Please read these terms and conditions carefully before using Sager’s Service.                 

2. Interpretation and Definitions

  1. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.    
  2. For the purposes of these Terms:  
    1. “Account” means a unique account created for the User to access our Service or parts of our Service. 
    2. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. 
    3. “Aerial Data” means the data captured throughout the process of using the Products by the User.
    4.  “Application” means the software program provided by Sager to be downloaded on any Device, named Sager Pilot. 
    5. “Clients” means the User Accounts who may request specific Drone missions and its data,  preview it, add sites and Drone operation locations, and export the Drone data reports.
    6. “Content” means the data that Users capture and/or input into the Service while using the Products, including Aerial Data captured while the User captures when using the Product.
    7. “Country” refers to the Hashemite Kingdom of Jordan.
    8. “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet. 
    9. Partner Payment Aggregators” means the relevant banking institutions, card issuers and/ or aggregators, including but not limited to banks, that are all responsible for payment security, billing and settlement.
    10. Payment Channels” means the payment methods accepted by Sager and mentioned on the Website or in the Quotation, such as voucher redemptions, credit card payments, banks transfers, and/or […].
    11. Personal Data” means any information collected by Sager which relates to identified or identifiable natural persons that is disclosed or otherwise made available to Sager, or that Sager may collect.
    12. “Pilots”  means the User Account who may access and view, with limitations, Drone missions in order to complete them and upload the captured data, among others, to their inventory through the Service; Pilots may access through their Accounts: Drone missions and their details, Drone flights and their details and Drone operation locations.
    13. “Product(s)” means the products, services, or items offered on the Service.
    14. “Quotation(s)” means an invoice that specifies the price of sale and Sager’s bank account details for payment purposes.
    15. “Sager Autonomous Robotics” (referred to as either "Sager", "Sager Drone", "the Company", "We", "Us" or "Our" in these Terms) refers to refers to Sager Autonomous Robotics LLC, XRCM+V3Q, King Abdullah II St, Amman 11831.
    16. “Service” means the Application or the Website or both. 
    17. “Terms” means these terms and conditions that form the entire agreement between You and Sager regarding the use of the Service.
    18. UAS” means unmanned Aerial Systems (also referred to as ‘Drones’)
    19. User(s)”:  means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable in their capacity as Pilots or Clients.
    20. Website” means the online website provided by Sager to be downloaded on any Device, named SagerSpace, accessible from the URL https://sagerdrone.com 

You” and/or “Your” shall refer to the User.

We”, “Us”, and/or “Ours” shall refer to Sager and/or any of its Affiliates, as the case may be.

3. Acknowledgment

  1. For the purposes of these Terms, the Service may be accessed by the Users.  By accessing and using the Service offered by Sager and the Products including the mere signing up to use such Service offered by Sager, You consent to and accept these Terms and agree to be bound by same. IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS, YOU SHOULD IMMEDIATELY STOP USING AND/OR ACCESSING THE SERVICE.
  2. These Terms shall apply and govern the use of the Service regardless of how You choose to access or use the Service, including but not limited to mobile devices, desktop devices, mobile applications, internet browsers, or any other device, application, or software that You may use.
  3. Your access to and use of the Service is conditional upon Your acceptance of and compliance with these Terms. By accessing the Service and/or accepting the Terms during Your account registration, purchasing, subscribing, using our Service, You are agreeing to be bound by the entirety of the provisions of these Terms. These Terms applies to all visitors, Users and others who access or use the Service.  
  4. If You disagree with any part of these Terms or if You do not have the right, power, and authority to act on behalf of the entity entering into these Terms, do not create an Account, purchase, subscribe to, access, or use our Service.                    
  5. You represent that You are over the age of 18. Sager does not permit those under 18 years of age to use the Service.
  6. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your Personal Data when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
  7. Sager reserves the right to modify or revise the Terms at any time and without notice. Your continued use of Account, Service, or Products after such changes will indicate Your tacit acceptance of such changes. You are kindly requested to frequently check this page in order to take note of any changes that have been affected to these Terms.

4. Signing Up & Access to Accounts

Signing Up & Onboarding of Users

  1. You cannot access the Service nor purchase or subscribe to any of the Products without creating an Account and being onboarded to the Service.
  2. An Account is created by You through the Website.  You undertake to provide Sager with accurate and complete information upon signing up for an Account. You bear full responsibility for the accuracy and completeness of the information provided to Sager. You shall be responsible for maintaining up-to-date email addresses and contact information and shall regularly check Your “spam” folder for emails received by Sager.
  3. Before You are onboarded, You must undergo an orientation session conducted by Sager which would provide You with the details/guidance on process of joining the Service, creating and managing Your Account, the various features of the Service, key benefits incurred, raising a request, reviewing and monitoring the progress on a mission, receiving the analysis report from the Service.  It is Your sole responsibility to complete the orientation session, and Sager will not bear any and all liability for your failure to adequately undergo and complete the orientation session. 
  4. Once onboarded, You would have access to the Service and its various set of Products offered by Sager as well as the extensive community of Pilots and analytical tools/capabilities.

Access to Accounts

  1. You shall bear full responsibility for anyone who obtains, accesses, or uses any of the Service and the Products through You or Your Account, directly or indirectly. You acknowledge and accept that Sager has no liability for any unauthorized use or access by third parties to Your Account.
  2. Upon and during Your access to Your Account, you are fully responsible for the compliance with these Terms and its terms, including but not limited to, any and all intellectual property terms, and the compliance with the applicable laws and regulations to these Terms in addition to the governing law in the country in which You reside.
  3. Your Account shall contain relevant information for You to access relating to orders, missions, subscriptions, data sets, amongst other information. Therefore, it shall be Your responsibility to maintain a strong and confidential password to Your Account. You shall not disclose such password to any third party and shall continuously safeguard the security of your password, which may be changed online at any time. You shall contact Sager immediately upon knowing or suspecting a third party accessed Your Account by using Your password.  You acknowledge and accept that Sager has no liability for any order/subscription/mission and/or any other undertaking made as a result of an unauthorized use or access by third parties of Your Account and/or Your payment instruments and/or any other security breach or error related to payment and billing.

5. Ordering & Subscribing

Purchase Orders

  1. You may purchase Products by placing an order with Sager (each, an “Purchase Order”) either through the Website, Application and/or other platforms offered by Sager to its Users. By clicking on the confirmation button (for example, “Buy”, “Order”, “Purchase”, “Subscribe” or any other terms to this effect). Online Purchase Orders constitutes a legally binding, irrevocable offer to Sager by You to purchase the selected Product/Service.
  2. All Purchase Orders placed by You are not binding on Sager until the Order is accepted by Sager in writing (the “Purchase Order Confirmation”). Sager reserve the right and have the discretion to reject or decline a non-confirmed Purchase Order for any reason. Sager is not obligated to justify and/or indicate the motive behind the refusal or declining of a Purchase Order. Reasons for refusal may include previously failed payments, growing backlog or negative payment history, incomplete or incorrect Purchase Order details (such as missing email, missing billing address or pricing or Products/Service description errors) or ineligibility according to Sager’s internal Order criteria.
  3. Changes to any Purchase Order Confirmation are at the sole discretion of Sager and always require written confirmation by Sager in order to become valid. Sager shall have the full right to agree to or otherwise refuse in writing the cancellation or alteration of a Purchase Order Confirmation at its sole discretion. The costs arising from the cancellation or alteration thereof will be exclusively borne by You.

Subscriptions

  1. You may subscribe to Our Products by selecting any of the various subscription options provided in Our Service (the “Subscription”). Descriptions of the Subscription can be found on the Service directly and/or provided by Sager in writing upon Your direct request. Sager reserves the right to vary the content, duration, and types of Subscriptions that it makes available to subscribers at any time.
  2. By clicking on the confirmation button (for example, “Subscribe” or any other terms to this effect) in any of our Service, you are placing an Order for Subscription (the “Subscription Order”). This constitutes a binding and irrevocable offer to Sager by You to buy the selected Subscription. By doing so, You acknowledge having read, understood and unreservedly agreed with these Terms.
  3. Sager will try to process Your Subscription promptly but Sager cannot guarantee a specific timeframe to which Your Subscription will be activated by. Your Subscription Order will only be accepted by Sager when Your payment contact details have been successfully verified, at which point Sager will provide You with access to Your Products and/or Service included in your Subscription. You will receive written confirmation when Your Subscription Order has been accepted. (the “Subscription Confirmation”).
  4. Unless otherwise stated in any Subscription Confirmation, You may cancel Your Subscription to any Products for any reason at any time in the (Plans/Products) section of Your Account by clicking on “Unsubscribe” or, if not available online, by contacting Sager by email at [email protected]. When You cancel Your Subscription to any Product/Service, You will be able to access and use that Product until the end of the period of Your Subscription. Please note that you will not receive any refund for any of Your cancelled Subscriptions.

6. Prices, Discounts & Terms of Payment

Prices, Taxes & Discounts

  1. Prices are subject to change by Sager at any time and without notice. Only the price mentioned in the Order Confirmation or on Subscription Confirmation shall be binding.
  2. Unless otherwise indicated, prices are set in Jordanian Dinars.
  3. Unless otherwise indicated by the Company, prices are exclusive of sales, use, import/export, value added taxes or any other similar applicable taxes, duties, levies, or charges in any jurisdiction levied in relation to the Products and/or Service (the " Taxes"). You agree that You are solely liable for any Taxes levied in connection with any of Your Purchase Orders of or Subscription Orders to the Products, and such Taxes shall either be added to each invoice or separately invoiced by Sager to You.
  4. Any liability for any withholding tax with relation to the sale or Subscription of the Products shall be borne by You and no deduction whatsoever shall be made from the amount payable to Sager under any invoice.
  5. If Sager grants you a discount, this discount only relates to the Products specifically mentioned in the Purchase Order Confirmation or in the Subscription Confirmation.

Terms of Payment

  1. You may make the payments through any of the Payment Channels. Payment Channels such as credit card and bank transfer payments are operated by Partner Payment Aggregators.  Any banking or credit card details that You provide are collected directly by the Partner Payment Aggregators. These details are not collected, stored, or processed by Sager.
  2. It is understood and acknowledged that cash payments are not accepted. Alternatively, You may choose to visit Sager offices to make payments through cheques or bank transfers.
  3. It is understood and acknowledged that the risk of malfunction of a payment is borne by You. You fully discharge Sager from any and all liability in this respect. As such, Sager shall not be responsible for any payment failure, in particular those resulting from inaccurate payment card/bank details provided by You or from any restrictions applicable to any of the Payment Channel You choose.
  4. It is understood and acknowledged that all payments shall be made without any deduction or on account of any Taxes, withholding taxes or transfer costs.
  5. By acquiring or subscribing to any of the Products requiring regular payments on a monthly or annual basis(“Recurring Payments”), You authorize Sager to automatically charge You the due amount by means of the Payment Channel You initially selected. You warrant that You shall remain the owner of the Payment Channel specified for Recurring Payments and that such Payment Channel has the sufficient capacity and/or funds to cover any due Recurring Payments.
  6. In the event of any cancellation of your Subscription(s), Sager will cancel any of the Recurring Payments linked with such   Subscription once the corresponding due fees for the period of the Subscription have been fully covered.
  7. With regards to the payments for all Products, You acknowledge and agree that time is of the essence. Sager may, without prejudice to any other rights of Sager, and without a written notice, charge interest on any overdue payment at ten (10%) percent per annum from the due date computed on a daily basis until all outstanding amounts due by You are paid in full. You shall also be liable for all costs and expenses incurred by Sager with respect to the collection of overdue payments (including, without limitation, reasonable attorney's fees, expert fees, court costs and other expenses of litigation).

7. Terms of Delivery

1. Sager will generally provide You with access to the Products through Your Account or, in certain cases, through a Sager authorized third party or other means. Certain Products may require You to provide additional information to set up and access such offerings, and You agree to provide that information.

2. If You purchase or subscribe to a Product consisting of a software, Sager will make it available to You subject to compliance will all Your payment obligations. Sager will grant You, for the duration of Your Subscription or the duration specified in Your Purchase Order Confirmation, a non-exclusive, non-sublicensable, non-transferable license to download, install and use such software solely (i) in accordance with these Terms and any applicable Additional Agreements, and (ii) within the scope of Your Purchase Order Confirmation or Subscription Order Confirmation in relation to the permitted number of devices and other attributes specified for the service level that You selected when purchasing or subscribing to the Product. If Your Purchase Order Confirmation or Your Subscription Confirmation from Sager does not specify one or more of those attributes, the license to the software will be:

(i) a trial version; and

(ii) attributed to solely You as an individual.  If You are a company or other legal entity, the license to the Software shall be used by one named employee.

 

You may not access or use (or allow access to or use of) any software other than as the one purchased/subscribed to and as authorized by these Terms.  Any other installation, access, or use is strictly not authorized.

3. If You purchase or subscribe to a Product consisting of cloud services, Sager will provide those cloud services to You, You subject to compliance will all Your payment obligations. Sager will grant You, for the duration of Your Subscription or the duration specified in Your Purchase Order Confirmation. You may access and use the cloud services solely (i) in accordance with these Terms and in conformity of any other applicable terms, (ii) for Your internal business purposes, in the form made accessible and/or provided by Sager, and (iii) within the scope of Purchase Order Confirmation or Subscription Order Confirmation, in relation to the permitted number of devices, storage volume and other attributes specified for the service level that You selected when purchasing or subscribing to the Product. If Your Purchase Order Confirmation or Your Subscription Confirmation from Sager does not specify one or more of those attributes, Your Product consisting of cloud services will be:

(i) a trial version; and

(ii) attributed to solely You as an individual. if You are a company or other legal entity, shall be used by one named employee.

You may not access or use (or allow access to or use of) any cloud services other than the one purchased/subscribed to and as authorized by these Terms, and any other access or use is strictly not authorized.

8. Access To and Use of the Service and the Products

  1. Depending on the Product, You may be required to log into Your Account to access the Service and activate, access or use (or to continue accessing or using) the Product. Only You may access or use the Service and the Products. Access to the Service and use of all Products is contingent on (among other things) Your timely payment of all due amounts, with respect to the Products and compliance with these Terms.  If you authorize others to use Your Account, it is your obligation to ensure that such authorized users are aware of these Terms and any additional applicable agreements and You will be liable for any breach committed by such authorized users.
  2. For the sake of clarity, Your purchase/subscription to the Products  do not include access to the internet or any other network or to any communications services or any hardware, software, storage, security or other resources necessary for accessing the Service or using the Products. You and Your other suppliers and service providers are responsible for acquiring all such items and for their reliability, security, and performance.

9.  Intellectual Property Rights & Personal Data

  1. For the purposes of these Terms, Intellectual Property Rights shall refer to all intellectual and industrial property of any kind whatsoever including (a) patents, (b) rights in know-how, including trade secret rights and Confidential Information, (c) Aerial Data, and (d) proprietary rights associated with works of authorship and software, including copyrights (whether in drawings, plans, specifications, designs and computer source codes or object codes, or otherwise), moral rights, and copyrightable works, and all applications (including future applications), registrations (including future registrations), and renewals relating thereto, and derivative works thereof, (d) other forms of proprietary or intangible intellectual or industrial property rights however denominated, including registered designs, computer aided designs (CADs), utility models, unregistered design rights, registered trademarks, unregistered trademarks, brands, trade names, trade dresses, goodwill, product technology, supplementary protection certificates, rights to prevent passing off or unfair competition, database rights, domain names, social media / electronic commerce indicia, topography rights, any rights in any inventions, creations, invention-creations, or other industrial or intellectual property right, and applications for and rights to apply for any of the foregoing, in each case in any jurisdiction in the world and together with all renewals, extensions, continuations, divisions, reissues, re-examinations and substitutions on the Service;
  2. Sager shall have sole and exclusive ownership, rights, interests, and all existing and future Intellectual Property arising out of or generated or developed during the use of Our Service.
  3. It is understood and acknowledged that You have no right, title, or interest in or to any Intellectual Property by using the Service. You may not, without Our express written permission (or that of Our suppliers or licensors, where applicable), in any form or by any means:
    1. Adapt, reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, circulate, use in any way, or create derivative works from any of the Intellectual Property Rights (including, without limitation, the display and distribution of any of the Intellectual Property Rights via third-party websites or other networked computer environment); or
    2. Commercialize any information, goods or services from or in connection with any of the Intellectual Property Rights related to Sager, the Service, and/or the Products.
  4. Sager may provide You with content, designs, models, data sets, project information, documents, libraries, audio, links, data, applications and other software, services or similar material of a third party (collectively, “Third Party Material”) in connection with the  Products. Any such Third Party Material may be governed by that third party terms and conditions (the " Third Party Terms "). If there are no Third Party Terms, Your use must be (i) limited to the same terms as the Product for which You received the Third Party Material, and (ii) solely in connection with Your use of such Product. You take sole responsibility for determining, obtaining and complying with all Third Party Terms.
  5. Sager will have no responsibility for, and makes no representations and warranties regarding, (i) any Third Party Material or Your use of such Third Party Material, and (ii) the Third Party Terms or Your compliance with such Third Party Terms.
  6. Sager personnel will not use Your Content and/or your Personal Data except as provided in these Terms, which may include, but is not limited to, using the same (i) at Your request (ii) in connection with providing and improving the Service and the Products (including maintaining, securing, updating or otherwise modifying  the Service and the Products); or (iii) in connection with legal-related obligations, enforcement, investigations or proceedings. In general, Sager does not screen or review content that is posted to the Service. Sager reserves the right, however, to screen and review Your Content, and may block or remove any portion or element of Your Content for any reason, including but not limited to, due to its failure to  comply with these Terms.  This includes, by means of example, any illegal, offensive or phishing-related postings or spam. When You provide Your Content on the Service, You authorize Sager to use, reproduce, modify, distribute and make available Your Content in connection with providing You with access to the Service and the Products and allowing Sager to fulfil its obligations and as otherwise permitted by these Terms.
  7. It is understood and acknowledged that Sager shall have the perpetual right to retain, process, distribute, and publish any and all collected Intellectual Property, including Your Content, and this Clause (9.7) shall survive the termination of these Terms.
  8. You are responsible for your Content and ensuring its compliance with all applicable laws and regulations, these Terms,  and any other applicable terms and conditions.
  9. It is understood and acknowledged that by granting Sager all the aforementioned Intellectual Property Rights, Sager may refer to You by name, trade name, trademark, in addition to providing a brief description on the nature of their business on any Sager marketing materials, including proposals, websites, social media, and any public or legal documents. By placing an Order, Sager is granted a royalty-free, perpetual, non-exclusive, non-transferrable and non-sublicensable right to use the Client’s name, trade name, or trademarks for marketing purposes.

10. No Warranty

  1. Neither Sager, nor any of its representatives or affiliates make any warranty, representation, statement or undertaking (whether express or implied) in respect of the accuracy, reasonableness or completeness of the Service and the Products. The Service is provided on an “as is” basis. We do not guarantee that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful computer software.
  2. To the fullest extent permitted by applicable law, Sager makes no representations or warranties of any kind, express or implied, regarding the Service and/or the Products, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
  3. You acknowledge that is it Your sole responsibility to consult with experts on design, analysis, calculations, data, and findings before coming to conclusions based on Sager’s Aerial Data or any other data provided by Sager and Sager shall not be liable in any way for Your failure to do so.
  4. You agree that You shall indemnify Sager for any damages or losses resulting from an act which resulted in wrongful and illegal distribution of Sager’s Intellectual Property, to the fullest extent applicable by the laws under these Terms.
  5. Sager shall not be obliged to issue refunds if a Product does not meet Your expectations, although Sager will make reasonable efforts to assist You in these matters. Sager has no obligation, and cannot guarantee, that it will resolve any disputes related to Your transaction to Your satisfaction.
  6. Sager may, at its sole discretion and at any time, suspend or terminate Your access to or disable Your use of the Service and/or the Products for any reason without prior notice to You, including if Sager suspects fraud, illegal, unauthorised, or improper conduct on Your part, or if You have breached any part of these Terms. Sager may also impose limits on the type and/or amount of transactions You are allowed to make using the Service at any time in Our sole discretion without prior notice.
  7. You agree and understand that the availability of the Service is dependent on the network and systems availability of Our service providers, the Payment Channels, the Partner Payment Aggregators, and/or Our affiliates and subsidiaries.
  8. You acknowledge the possibility of occasional disruptions and outages to the Service, which may prevent you from accessing Your Account and consequently retrieving your Content as a result. We therefore recommend that you regularly backup your Content to your own storage. You are at all times responsible for storing and maintaining any such backup copies of your Content. The access to the Service and/or any of the Products may from time to time be delayed, interrupted or disrupted for an indeterminate period of time. In the event of any of the abovementioned circumstances, Sager shall not be liable for any claims arising from or in connection with any such delays, interruptions, disruptions, limitations, suspensions, termination or the like to access or use the Service and/or the Products.

11. Additional Agreements

  1. Depending on the circumstance and on a case-to-case basis, additional agreements may be signed directly between Sager and You (“Additional Agreements”). In such instance, the Additional Agreements shall apply in conjunction with these Terms and You agree to be bound by both these Terms and such Additional Agreements. If You do not agree to the contents of this clause, You shall not purchase, subscribe, obtain, access or use the Service and the Products.
  2. In the case of a conflict between these Terms and Additional Agreements, the Additional Agreements shall prevail with respect to the area of conflict.
  3. All electronic communication and correspondence between Sager and You shall be effective and deemed as written agreement between the Parties. You further accept that such electronic communication will be used by Sager as exclusive proof for content, acceptance, delivery, receipt, and acknowledgment of electronic and written communication.

12. Indemnification

  1. You agree to indemnify, defend, and hold harmless, Sager, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, from and against any and all claims, actions, proceedings, losses, liabilities, expenses, damages, and costs, including but not limited to attorneys’ fees, arising out of or in connection with Your use of the Service and/or any violation by You of these Terms.
  2. In no event shall Sager, its employees, agents and sub-contractors be liable to the User to the extent that the alleged claim is based on any defect or error in the Service and/or the Products which is proven to be directly attributable to Sager.
  3. The foregoing state[s] the User's sole and exclusive rights and remedies, and Sager’s (including Sager’s employees', agents’, and sub-contractors') entire obligations and liability, for any claim submitted by the User as aforementioned.
  4. You agree to indemnify Sager and its agents for any damages or losses incurred by Sager which resulted directly or indirectly from Your use of Sager’s Services.

13. Limitation Of Liability

  1. To the maximum extent permitted by applicable law, Sager and its respective employees, directors, agents, and representatives will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with Your use of the Service and/or the Products (including the inability to use the Service), or any transactions entered into via the Service.
  2. To the extent permitted by applicable laws, in no event will the aggregate liability of Sager and its respective employees, directors, agents, and representatives arising out of or in connection with these Terms or the transactions contemplated herein, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of payment that You have made via the Service in respect of the transaction giving rise to the claim for liability.
  3. Sager shall in no event be liable to You for any failure or delay by Sager or its employees, agents, or representatives to perform its obligations under these Terms, regardless of whether the failure or delay is caused by an event or condition beyond its control.
  4. The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to You. In such case, Sager’s liability is limited to the greatest extent permitted by law.
  5. To the extent permissible under applicable laws, You agree that any claim You may have arising out of these Terms must be brought or filed before the relevant tribunal in the jurisdiction where You are located within one (1) year after such claim could be first filed. Any claims brought after such period shall be forever barred.           
  6. Nothing in these Terms excludes the liability of the User for any breach, infringement, or misappropriation of Sager’s Intellectual Property Rights.

14. Termination

  1. Sager may, at its sole discretion, terminate Your access to any of the Service, Your Account, and/or the Products if You breach any of the Terms. In the event of termination, the provisions of the section on Intellectual Property Rights, Indemnification, and Liability shall survive, among others.           

15. Relationship

  1. Nothing in these Terms is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary or any legal relationship between You and Sager.      

16. Assignment

  1. You may not assign any of Your rights or obligations under these Terms, or any part of it, to any other party without Our prior written approval. Any attempt by you to do so without Our prior written approval shall be deemed null and void. Sager has the right to assign these Terms and/or any of Our obligations, in whole or in part, at any time, to any Sager affiliate or subsidiary or any third party, with or without notice to You.

17. Language
 

  1. These Terms were prepared in English. To the extent that any translated localized or international versions of the Terms conflict with the English version, the terms of the English version shall prevail.

18. Notices

  1. Any notice or other communication given under or in connection with these Terms will be in writing, in the English language, marked for the attention of the representative of the party to be given the notice or communication. Any notice or communication given in accordance with this clause will be deemed to have been served.

19.Entire Agreement

  1. These Terms constitute the entire agreement between You and Sager, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understanding relating to the subject matter of these Terms. No modification or amendment of these Terms will be binding on Sager unless agreed to by Sager, set forth in writing, and published in the same manner as previously binding versions.

20. Separability

  1. If any of the provisions of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

21. Governing Law

  1. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Hashemite Kingdom of Jordan.
  2. Each party irrevocably agrees that the courts of the Hashemite Kingdom of Jordan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

22. Contact

If you have any questions about this Privacy Policy, You can contact us