terms_and_conditions

Terms and Conditions of Use Agreement

Last updated: December 2, 2023

Preamble

By visiting the website TheCertainWay.com.sa and its related domains, subdomains, and pages directly or indirectly connected thereto, including the social media accounts and pages of The Certain Way Company and Faisal Al-Baiti (Chief Executive Officer), you acknowledge that the domain is owned and operated by The Certain Way Company under a commercial registration issued by the Ministry of Commerce of the Kingdom of Saudi Arabia. By accessing this website, you agree to be bound by and comply with the terms and conditions set forth herein, as well as the regulations and implementing rules of the relevant government authorities in the Kingdom of Saudi Arabia, including the General Commission for Audiovisual Media (GCAM) and the Ministry of Commerce. We ask that you read these terms in full. If you do not agree to these terms and conditions, please do not access, obtain information from, or use the services or products available on this website or its affiliated and related sites. You must not treat the contents of this website as complete or up to date. (Hereinafter referred to as the "Owner," "Service Provider," or "Site").

Article 1: Binding Nature of the Preamble

The preamble above forms an integral part of this contractual agreement and shall be interpreted together with it.

Article 2: Confidentiality of Information on the Site

The information available on the Site is confidential and proprietary and is not intended for public distribution.

Article 3: Access and Use as Proof of Agreement

By accessing, browsing, and/or using the pages of the website or other digital content on the Site or the platforms referred to in the Preamble, you accept the terms of use without limitation or qualification.

Article 4: Interpretations and Definitions

* Terms and Conditions

The terms and conditions set forth herein govern the use of the Company's applications and/or services. By using the application/services, "You" / "User" / "Subscriber" refers to the user who accesses and/or uses the application and, by doing so, agrees to all terms and conditions stated herein, acknowledges having read them, and accepts all terms and conditions and service use policies as set out below, in accordance with the regulations of the General Commission for Audiovisual Media (GCAM) in the Kingdom of Saudi Arabia and the Ministry of Commerce and the E-Commerce Law ("User Rights"). If you do not agree to or reject any or all of these terms and conditions, you must not use this application and must leave, close, or terminate your use of it.

Your access to and use of this application is subject to the following terms of use and the laws applicable in the Kingdom of Saudi Arabia. Furthermore, your access to this application and its services constitutes unconditional acceptance of these terms of use, whether or not you are a registered user. Such acceptance shall be effective upon your first use of this application.

Any amendment to these terms and conditions shall take effect immediately upon update, unless otherwise stated. Your continued use of this application constitutes full acceptance of such amendment.

* Interpretations and Definitions

Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.

• Definitions for the purposes of this Agreement:

Account means a unique account created for you to access our Service or parts of our Service.

Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) refers to The Certain Way Company.

Cookies are small files placed on your computer, mobile device, or any other device by a website, containing details of your browsing history on that website among its many uses.

Country refers to the Kingdom of Saudi Arabia (KSA).

Device means any device that can access the Service, such as a computer, mobile phone, or digital tablet.

Personal Data is any information relating to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.

Third-Party Social Media Service refers to any website or social network website through which a user can log in or create an account to use the Service.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to The Certain Way Company and its services, accessible from TheCertainWay.com.sa.

You 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.

Article 5: Terms of Use

Terms of Use

These terms of use apply to your access to and use of this application, or other related online products, platforms, and services (collectively referred to as "Our Services") provided by The Certain Way Company in the Kingdom of Saudi Arabia, which are governed by the laws and regulations of the relevant licensed government authorities. By using the application, website, and platform, you also agree that The Certain Way Company is authorized to change, modify, or update any of the terms of use without prior notice to you, in accordance with applicable policies, terms, or guidelines in the Kingdom of Saudi Arabia. Personnel of The Certain Way Company are entitled to access data and review all documents and contracts in their capacity as operator and supervisor of the Service.

By using this application and the "Services," "Products," "Links," or "Third Parties," you undertake not to do the following:

1. Violate any laws governing the use of information in the Kingdom of Saudi Arabia by downloading files containing software, materials, data, or other information that you do not own or for which you do not have a license.

2. Publish, circulate, or distribute any "Content" or material on this application without obtaining prior legal authorization from us.

3. Exchange any files, information, or data within or outside the application that may cause harm or affect the integrity, reliability, or continued availability of "Information" and "Services" on this application.

4. Cause any cybersecurity attack or data destruction by any means that has a direct or indirect impact on the application or actions that intercept or attempt to intercept the proper operation of this application or parties connected thereto.

5. Sell, resell, or commercially exploit our services or products in any manner that infringes the copyright of our protected application content, including but not limited to text, software, images, graphics, and registered trademarks and database rights.

The Company reserves the right to modify these terms of use at any time as it deems necessary.

Article 6: Consents

1. General Consent: You agree that your use of the Service Provider's website and any use of services or materials covered thereby constitutes your acceptance of all terms and conditions of use herein, as well as copyright, republication policy, and privacy policy. You further agree that you will not violate any local or international laws when using this website or obtaining any material available on it. We cannot provide warranties or assume liability regarding any interception, errors, or inaccuracies arising from the use of this website, its content, or any other websites linked thereto without our knowledge.

2. Agreement to Terms: You agree to the terms and conditions of use set forth in this "Terms and Conditions of Use Agreement" in all matters relating to the Site. Together with the privacy provisions, this Agreement constitutes the entire and sole agreement between us and you and supersedes any prior or contemporaneous agreements, representations, warranties, or understandings relating to the Site, Faisal Al-Baiti personally, its contents, services provided therein or through it, or the content of this Agreement generally. We may amend this Agreement at any time without being required to provide you with specific or general notice; the most recent amended version will be available on the Site, and it is your responsibility to review it before beginning your use of the Site, which you acknowledge with full awareness and without ignorance, denial, challenge, forgery, or falsification.

3. Consent to Audio, Video, and Image Recording in Live Sessions: You consent to the recording of your voice, image, video, and all contributions in live broadcasts, lessons, lectures, and live workshops.

4. Consent to Publication of Recordings: You consent to the publication of recordings containing your image, voice, videos, and contributions.

5. The user and subscriber expressly consent to the capture, recording, reproduction, republication, and use of their name and likeness in any manner in all promotional, educational, or other media derived from their attendance and participation in any form of use of the Site.

Article 7: Site Access and Scope of Use

1. Access to the Site: The Service Provider reserves the right to block or restrict your access to certain pages of the website if you violate any provision of this Agreement. The Service Provider may amend these terms of use at any time without prior notice. Amended terms of use take effect upon publication on our website. To maintain your compliance with the terms of use, the Service Provider recommends that you review the terms of use and the website policies stated above on a regular basis.

2. Scope of Use: By accessing the website, you agree to the following: (1) use the Site content for personal, non-informational, non-commercial, and non-media purposes; (2) ensure that any information you provide about yourself to the Service Provider through the website is accurate, complete, and current, and that you are of legal age and have the right to make decisions on your own behalf; (3) comply with all applicable laws in the Kingdom of Saudi Arabia regarding your use of the website, comments, and interaction on social networks. You further acknowledge and agree that you will not use any electronic devices or means, or manual processes, to monitor or copy website pages or any content contained therein without prior written authorization from the Service Provider. You also agree that you will not (a) use any device, software, or routine to interfere or attempt to interfere with the operation of the website, or (b) take any action that would impose any unreasonably large or disproportionate load on the infrastructure of the website as determined by the Service Provider. The Service Provider reserves the right to terminate, change, disable, or suspend any aspect of the website at any time and for any reason as it sees fit. The Service Provider may also impose restrictions on certain features of the website or prohibit access to any part of or the entire website without prior notice or liability.

3. Medical Disclaimer: All data and claims published in advertisements or statements on the Site do not constitute medical or psychological advice in any form, and we assume no liability arising from your use of the services provided on the Site without consulting a licensed physician qualified to treat your health condition.

4. Warranty Disclaimer: The Service Provider provides materials, services, and other information "as is" for personal, marketing, media, or commercial purposes only. The Service Provider makes no express or implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose or use, title, or non-infringement. We do not warrant the accuracy, adequacy, or completeness of any information, and we assume no liability for any errors, omissions, or results obtained from the use of such information. You acknowledge and agree that the Service Provider does not manage or control the Internet and therefore does not guarantee that use of this website will be free from errors, technical failures, or unavailability. You acknowledge and agree that the Service Provider cannot provide any warranties against viruses, unauthorized users, or hackers attempting to gain access to this website or information sent to or from it. The Service Provider also reserves the right to temporarily or permanently suspend this website or any page or function on this website at any time without notice.

5. Limitation of Liability: Under no circumstances shall the Service Provider be liable for any direct, indirect, special, consequential, or financial damages, including any fees, fines, or penalties connected with your use of materials published on this website or relating to connection with or through this website to any other site. The services available on the Service Provider's website are provided for processing online applications and obtaining information relating to various designated and contracted commercial entities to provide convenience to you. You acknowledge under this Agreement full awareness that online communication means may be subject to interception by third parties, that this website does not replace information available through official channels, and that applications and administrative procedures may continue intermittently or differently as a result. Accordingly, your use of this website remains at your personal risk, and we shall under no circumstances be liable for any loss or damage of any kind that you may incur due to your use of, visit to, or reliance on any statement, opinion, or presentation on the website, or arising from any delay in operation or transmission, communication failures, difficulties accessing the Internet, device or software malfunctions, or the conduct or opinions of any person accessing this website. You acknowledge and agree under this Agreement that the sole and exclusive remedy available to you for any loss you suffer as a result of accessing or using this website is to cease and discontinue your use of the website or access to the application or their substitutes.

Article 8: Jurisdiction and Language of Litigation

Applicable Law, Jurisdiction, and Language of Litigation

• You acknowledge and agree under this Agreement to the exclusive jurisdiction of the Kingdom of Saudi Arabia in the city of Jeddah and submit thereto in respect of all claims and disputes arising from your use of this website.
• Arabic shall be the official language of this website and shall be used to resolve any dispute arising from your use of this website or any information contained therein.
• You agree that the laws of the Kingdom of Saudi Arabia shall govern the terms of use and application services and/or any dispute of any kind that may arise between you and the Site or any of its representatives, owners, individuals, relatives, employees, services, products, institutions, or affiliated companies, which shall be subject to the jurisdiction of the competent courts in Jeddah.

Article 9: Privacy Policy and Intellectual Property / Copyright

* Privacy Policy

• We will take all reasonable measures to ensure the security of your communications within the limits of all applicable GOV.SA laws and regulations in the Kingdom. You must maintain any information, data, or security measures necessary to access our application and "Content" and must not disclose any and all of your private data that affects your use of our application and "Services." The Certain Way Company complies with regulations and decisions issued by GCAM or any other competent authority regarding the protection of users' personal data privacy, treats all user data as confidential, protects it, and takes all necessary measures to prevent unauthorized access, damage, loss, theft, use, processing, modification, or handling in violation of GCAM.GOV.SA regulations, in addition to maintaining the confidentiality of communications and data sent or received through our public communication networks. No internal employees, affiliates, or other parties may view, listen to, or record them except for legally justified reasons. You hereby agree to provide us on this "Application" with complete and accurate information we may request to facilitate future "Communication," "Transfer," or "Subscription" to part or all of the "Services" that "The Certain Way Company" is entitled to obtain, provided under GCAM license and other granted service permissions and laws. Unless you notify us otherwise, you agree to receive promotional and other marketing materials, messages, and important information about your account and/or services and/or application and/or products and/or network, or where required by law. By accessing or using this application and services or providing information to The Certain Way Company through any digital channel, you hereby agree to the terms set out in this policy, which permit the use of various marketing and sales features and activities relating to promotional offers, reward programs, and other supplemental information practices at or after the time information is collected.

* Username and Password: If you access any service requiring a username and password, you alone are responsible for maintaining the complete confidentiality of your username and password.

* Children: The Service Provider does not knowingly and intentionally collect personal information from children under 18 unless otherwise indicated. Content on our website is directed at adults; therefore, this website is intended for use by persons over the age of 18. Please consult your parent or guardian if you are under 18 for assistance in using this website.

* Internal Links: You may under no circumstances create any link to the Service Provider's website without obtaining express written consent from the Service Provider, including but not limited to deep linking.

* Comments Policy: When visitors leave comments on the Site, we collect the data shown in the comments form, as well as the visitor's IP address and browser user agent string to help detect spam. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to determine whether you are using it. The Gravatar service privacy policy is available at: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

* Cookies: If you leave a comment on our Site or access it or any of its pages or services, we may enable saving your name, email address, and website in cookies for your convenience so you do not have to fill in your details again when leaving another comment. These cookies will last for one calendar year. If you visit our login page, we will set a temporary cookie to determine whether your browser accepts cookies. This cookie contains no personal data and is discarded after 1,365 days or when you close your browser. When you log in, we also set several cookies to save your login information and screen display options. Login cookies last for two years, and screen option cookies last for one year. Your login will persist for two weeks when you select "Remember Me," and if you log out of your account, login cookies will be deleted. An additional cookie will be saved in your browser if you edit or publish an article. This file contains no personal data and merely indicates the post ID of the article you edited, and it will expire after one calendar year.

* Your Data Rights: If you have an account on this Site or have left comments, you may not request an exported file of the personal data we hold about you, including any data you have provided to us. You may also not request deletion of any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

* External Links: Please note that pages on this Site may be linked to other websites with different terms of use. We have no ownership in, control over, management of, supervision of, direction of, or participation in any third-party website. We assume no responsibility for the privacy practices of any third-party website or content therein, which are subject to the privacy policies of that other website once you connect to it. We encourage you to be aware that when you leave our Site, you should read the privacy statements of every website you visit before providing any information that could identify you personally.

* Trademarks and Copyright: All trademarks, service marks, logos, and copyrights displayed and used on this Site are the exclusive property of their respective owners. Nothing on this Site shall be construed as granting any right or license to use any trademark without written permission from its owner. The website is protected under copyright laws of the Kingdom of Saudi Arabia and most other countries party to international treaties such as the Berne Convention and the Universal Copyright Convention. Except for your personal, informational, and non-commercial use as authorized above and as authorized within the Site, you may not reproduce, modify, or distribute any text, photographic materials, or other content on the website, social networks, workshop platforms, lectures, or digital products provided without written authorization from the Service Provider.

* Intellectual Property Rights: These include content, organization, graphics, design, images, logos, videos, clips, illustrations, recipes, articles, blog, writings, compilation, electronic translation, digital conversion, and other matters relating to the Site, all of which are protected under intellectual property, trademark, and other rights laws. Copying, redistribution, use, or printing of any of these materials or any part thereof from the Site or any other websites is strictly prohibited. This means you will not acquire any right to any content, document, or other materials you view through the Site or software. Furthermore, posting any information or materials on the Site shall not be deemed a waiver of intellectual property rights in respect of such materials.

* Copyright and Printing Agents: No party is permitted to print any part of the Site in whole or in part by any method, technique, or form, and there are no printing agents; all rights are reserved.

* Data and Forward-Looking Statements: This Site may contain data relating to our operations, opinions, strategy, financial position, future economic performance, demand for our products and services, as well as our goals, plans, and objectives, which collectively constitute forward-looking statements. Such statements are based on a set of assumptions and estimates that cannot be relied upon with certainty for reasons beyond our control. When words such as "expect," "believe," "estimate," "seek," "plan," and similar expressions are used, they are intended to indicate forward-looking statements for preliminary reference. The Site and information contained therein do not constitute offers intended to obtain specific investment, or for legal, financial, or tax advisory purposes. Such information is not intended as advice; where you require advice, you should obtain it from authorized and licensed entities before making any decision relating to any of the services or data stated herein.

* Copying and Publication Prohibition: Users are strictly and absolutely prohibited from copying, saving, or imitating any part of this Site or its contents on any other website or storing it in any public or private electronic retrieval system without prior written consent.

* Hyperlinks to Other Websites: The Site contains links to other websites. We are not responsible for the content of those websites or the accuracy of information or opinions contained therein, nor are such websites investigated or monitored by us for accuracy or completeness. Adding a link on the Site to any other website does not constitute our endorsement of that website; if you wish to navigate from our Site to any of those websites, you do so at your own risk.

* Drafting, Addition, Cancellation, and Amendment: We reserve our absolute right, at our discretion, to draft, add, cancel, or amend the terms and conditions of this Agreement in whole or in part, as well as to draft, add, cancel, or amend any document, information, or other Site content without notice to the customer or user at any time. Such changes shall apply to the user 30 days after the date of change. This statement negates ignorance and misrepresentation and may not be challenged by the user.

* Non-Assignability of Rights: Your right to use the Site is not an assignable right. The login credentials we grant you to obtain information, documents, or subscriptions are for you alone and may not be assigned to others except upon death or where a person holds a legally valid power of attorney or authorization certified by the Chamber of Commerce in this regard; no authorization older than 14 days will be accepted.

* United States Disclaimer: Please note that this website and the information contained therein are not directed or approved for use within the United States of America or by its citizens or residents.

* European Union Disclaimer: Please note that this website and the information contained therein are not directed or approved for use within European Union countries or by their citizens or residents.

* MENA Content Scope: The content of this website is provided exclusively to promote products and services available in the Middle East and North Africa unless otherwise stated. We make no claim or warranty that Site content applies to or is suitable for use in any region outside the Middle East and North Africa. Currently, it is in its trial version and available content is for lawful residents and citizens of the Kingdom of Saudi Arabia.

* Geographic Names Disclaimer: Borders, names, and designations used in map systems on this Site do not express the Service Provider's approval or official acceptance thereof and do not represent the opinion of the Service Provider or Site owners in any capacity; their use is solely to facilitate access and services and related matters.

* Service Provider Confidentiality Policy: If you provide us with personal information such as your address, telephone number, or email address, as well as any basic or identifying information about you as a registered visitor to the website, we are not obligated to keep such information confidential (and we may disclose it to any other person, sell it, or disclose it for marketing, commercial, and data analysis purposes) to other parties.

* Privacy: The Service Provider places the confidentiality of its users and visitors at the top of its priorities and endeavors to provide high-quality services to beneficiaries. Privacy and confidentiality as stated in this Agreement form part of the Service Provider's terms and conditions of use. The Service Provider collects personal information relating to you when you visit or use the Site, and by using the Site you decide to provide such information to us, which we will use for statistical information, marketing purposes, or service provision purposes consistent with these policies. Your use of the Site or Service Provider application means you have complied with the privacy and confidentiality policy. Visitors and users of the Site should continue to review privacy and confidentiality provisions and principles from time to time to be aware of any amendments, noting that Site management is not responsible for announcing any updates to these terms and principles. Your use of the website or application means you have reviewed and complied with these terms, principles, and ongoing amendments. Under no circumstances shall the Service Provider be liable for any direct, indirect, incidental, or consequential damage arising from your use of the portal, website, application, or any Service Provider services or your inability to use them.

* Submissions: All information provided by visitors to the website is deemed the property of the Service Provider, who has the right to use such information for any purpose as well as any ideas, concepts, expertise, or technology contained in any information provided by any visitor to this website. The Service Provider will handle such information in accordance with the Service Provider's confidentiality policy.

* Tracking Technologies and Cookies

• We use cookies and similar tracking technologies to track activity on our Service and store certain information. Tracking technologies used include beacons, tags, and scripts to collect and track information and to improve and analyze our Service. Technologies we use may include:
• Browser Cookies. A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Service. Unless you adjust your browser settings to refuse cookies, our Service may use cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about your preferences or activity on our Service. Flash cookies are not managed by the same browser settings as browser cookies. For more information on how to delete Flash cookies, please read "Where can I change the settings to disable or delete local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies may be "Persistent" or "Session." Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
• We use both session and persistent cookies for the purposes set out below.

* Necessary / Essential Cookies: Session cookies. Purpose: These cookies are essential to provide you with services available through the Site and to enable you to use some of its features. They help authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services you have requested cannot be provided, and we use these cookies only to provide you with those services.

* Cookies Policy / Notice Acceptance Cookies: Persistent cookies. Purpose: These cookies identify whether users have accepted the use of cookies on the website.

* Functionality Cookies: Persistent cookies. Purpose: These cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preferences. The purpose of these cookies is to provide you with a more personal experience and to avoid having to re-enter your preferences every time you use the website. For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Article 10: Indemnification for Misuse

* Indemnification Provisions: The user, as a condition of using this Site, acknowledges and agrees to indemnify against all claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from your use of this Site, including without limitation any claim relating to allegations that, if proven, would constitute a breach by the user of these terms and conditions. If the user is dissatisfied with any material published on this Site or any of its terms and conditions of use, the sole remedy available is to cease using the Site. This Site may contain communication lines and links to websites owned by other parties on the network. Such linked sites are not under the control of the United Nations, and we are not responsible for the contents of any such linked sites or any communication line contained in any linked site. We provide these communication lines solely to facilitate access to websites, and establishing a link does not mean we endorse what the linked site represents. If this Site includes bulletin boards, chat rooms, opportunities to access mailing lists, or any other messaging or communication facilities (collectively, "Forums"), the user agrees to use such Forums only to send and receive messages and materials that are proper and relevant to the particular Forum. By way of example and without limitation, when using a Forum the user agrees not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others (such as rights of privacy and publicity); (b) publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information; (c) upload or attach files that contain software or other material protected by intellectual property laws (or rights of privacy and publicity) unless the user owns or controls the rights thereto or has received all necessary consents as required by law; (d) upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (e) delete any author attributions, legal notices, or proprietary designations or labels in any uploaded file; (f) falsify the origin or source of software or other materials contained in an uploaded file; (g) advertise or offer to sell any goods or services, or conduct surveys, contests, or chain letters, or download any file posted by another user of a Forum that the user knows, or reasonably should know, cannot be legally distributed in that manner. The user acknowledges that messages sent to all Forums and discussion groups are public and not private. The user further acknowledges that chats, posted information, conferences, emails, and other messages exchanged by other users are not endorsed by the Service Provider, and the Site owner or Service Provider should not be considered to have reviewed, vetted, or approved such messages. The Service Provider reserves the right, for any reason and without notice, to delete any material submitted by users to Forums, the Site, or any of its services, including without limitation email and posting policies.

• Violations: The Service Provider reserves the right to seek any remedies available under law to address violations of the terms of use, including the right to block access to the website from a particular electronic address.

* Prohibited Conduct and Content: You will not violate any applicable law, contract, intellectual property, or other third-party right or commit tort, and you are solely responsible for your conduct while accessing or using our services.

Article 11: Owner/Operator Disclaimer

* Limited Liability: Under no circumstances shall the Service Provider, its affiliates, or any of its agents, representatives, or licensees be liable for any direct, indirect, incidental, consequential, or special losses arising from or in any way connected with your access to or use of the website, whether based on breach of contract, tort (including negligence and strict liability), or any other theory, including without limitation your reliance on any content obtained through use of the Site, errors or omissions, delays in transmission of information to or from you, interruption of communications and connection to the website, or viruses, whether occurring wholly or partly due to negligence, force majeure, defects in communications, theft, death, or unauthorized access to the Site. You hereby waive any claims against the Service Provider, its affiliates, or any of its agents or licensees that may arise from or in any way relate to your use of the website and/or services provided through the Site. The Service Provider maintains a number of high-quality images and proprietary digital designs and holds copyright in each such material. If you are interested in obtaining permission to use one or more of the images or digital designs, please submit a request regarding the specific image(s) and/or design(s) you wish to use, together with your contact information and an explanation of your proposed use, via the website, and a member of the Service Provider's media team will respond to your request.

* Disclaimer: Materials available on this Site are provided "as is" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no specific warranties or representations regarding the accuracy or completeness of such materials. We periodically add, change, improve, or supplement materials displayed on this Site without prior notice. We shall under no circumstances be liable for any loss, damage, consequences, or expenses alleged to arise from use of this Site, including without limitation any error, mistake, omission, interruption, or delay in that regard. The user bears full responsibility for use of this Site. We and our affiliates shall under no circumstances, including negligence, be liable for any direct, indirect, incidental, special, or consequential losses, even where we have been advised of the possibility of such losses. The user expressly acknowledges and agrees that we are not responsible for any conduct undertaken by any user of the Site. The Site may contain advice, opinions, or statements provided by various information providers or by us. We make no representation endorsing or adopting the accuracy or reliability of any advice, opinion, statement, or other information made available by any information provider, user of this Site, or any other person or entity. The user bears full responsibility for reliance on such advice, opinions, statements, or other information. We, our representatives, agents, employees, information providers, or their internet content writers shall not be liable to any user or any other party for any error, mistake, omission, interruption, deletion, defect, or alteration in content or its use, timely presentation, or completeness, nor for any failure in performance or any computer virus or line failure, whatever the cause, and any resulting damages.

Article 12: User Responsibility for Data and Device Security

* Security and Warranty: You are responsible for maintaining the security of devices and systems accessed from unauthorized access. Any provision of your personal and other information to us is subject to the shared terms of the terms of use and privacy policy. If you have reason to believe that the security of your personal device has been compromised, it is your responsibility to immediately take necessary remedial action and notify Faisal Al-Baiti regarding the breach. If you choose to log in to the services via a third-party platform or social media network, you will need to use your credentials (such as username and password) from that third-party online platform. You must maintain the security of your third-party account and notify us immediately if you discover or suspect that someone has gained access to your account without authorization. If you allow others to use your account credentials, you are responsible for the activities of those users in connection with your account. Faisal Al-Baiti makes no warranties of any kind, express or implied, regarding the operation of this application and/or related services. You expressly agree that your use of this application and services is at your sole risk and acknowledge that Faisal Al-Baiti shall not be liable in any way to you or any third party arising from or resulting from use of the application and/or service in accordance with or meeting any specifications or requirements, or personal injury or property damage resulting from such use and/or related services. You further acknowledge that the application and any affiliates are not responsible for any purchase payments, loss, injury, claim, liability, or damage of any kind resulting in legal, operational, or service issues in any form.

Article 13: Miscellaneous and Release

* Miscellaneous: The language in these terms shall be interpreted strictly in favor of the Site owner. If any part of these terms is deemed unenforceable, The Certain Way Company shall be entitled to compensation therefor; such part shall be interpreted in accordance with applicable law(s) and the Company's license obligation(s), and the remaining parts shall remain in full force and effect. To the extent anything in the provision of services or related thereto conflicts with or is inconsistent with these terms, these terms shall prevail. Our failure to enforce any provision of these terms shall not constitute a waiver of such provision or the right to enforce it. Our rights under these terms shall survive termination of your use of the Service and Site.

* Release: By reviewing and using the Site or obtaining any of its services, you agree to release, defend, and hold us harmless from any liabilities, losses, claims, or payments, including fees, fines, or attorneys' fees, arising from your violation of this Agreement or your use of the Site. This release covers all our partners, parent and subsidiary institutions, lawyers, families, agents, employees, and affiliated companies, services, and products (collectively, the "Affiliated Parties").

Article 14: Types of Data Collected, Applications and Software Used

* Types of Personal Data Collected During Use of Our Service

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First and last name
• Phone number
• Address, state, province, ZIP/postal code, city
• Usage Data
• Statistics
• Cookies from other websites
• Previous purchases
• Search parameters and results
• Device type and operating system

Usage Data is collected automatically when using the Service. Usage Data may include information such as your device's Internet Protocol address (IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data. When you access the Service by or through a mobile device, we may collect certain information automatically, including but not limited to the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

Third-Party Social Media Login

The Company allows you to create an account and log in to use the Service through the following third-party social media services and their successors, subsidiaries, affiliates, or related services:

• Google and Alphabet services
• Facebook and Instagram
• Twitter (X)
• Snapchat
• Microsoft services
• Telegram
• WhatsApp
• TikTok
• Amazon.com
• Tesla
• Spotify and Anchor
• Scheduling applications (Calendar, Tabasher, PickTime)
• Content management applications (WordPress, Tabasher, and others)

If you choose to register through a third-party social media service or otherwise grant us access, we may collect Personal Data already associated with your third-party social media service account, such as your name, email address, activities, or contact list associated with that account. You may also have the option of sharing additional information with the Company through your third-party social media service account. If you choose to provide such information and Personal Data during registration or otherwise, you grant the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Customer Support and Communication Systems

• Zendesk: We use the Zendesk ticketing system to handle customer inquiries. Zendesk Inc., San Francisco, California, USA, is a certified participant in the Privacy Shield Framework and provides appropriate data protection safeguards. Inquiries submitted via contact forms or public email addresses are stored to process requests and for follow-up via Zendesk. Data processing is based on your request and our legitimate interests in responding meaningfully to contact requests.
• Influx: We engage Influx Inc., San Francisco, California, USA, to handle customer inquiries. We have entered into a data processing agreement requiring Influx to protect customer data and not disclose it to third parties.
• Geckoboard: We use Geckoboard from Datachoice Solutions, London, UK, to analyze customer requests. We have entered into a data processing agreement requiring Geckoboard to protect customer data and not disclose it to third parties.

Registration Systems

• Platform Registration: You may register on our platform to use our services. We use only the data entered for the purpose of the offering for which you registered. Mandatory information such as name and email address must be provided; otherwise registration cannot be completed. We use the email address provided at registration to notify you of material changes or technical updates. Registration data is processed based on your request and is necessary to fulfill the user contract.
• Facebook Connect: You may register using Facebook Connect (Facebook Ireland Limited, Dublin, Ireland). By clicking "Sign up with Facebook," you are redirected to Facebook and your Facebook profile is linked to our Site or services, giving us access to stored Facebook data such as name, profile page, cover image, email address, and Facebook ID.
• Google Connect: You may register via Google (Google Ireland Limited, Dublin, Ireland). By clicking "Sign in with Google," your Google profile is linked to our Site or services, giving us access to stored Google data such as first name, last name, email address, username, Google profile URL, and profile picture.

Social Media Plugins

• Facebook: Social network components are integrated on our pages. When you visit our platform, a direct connection is established between your browser and Facebook's servers. Facebook receives information that you visited our Site with your IP address.
• Google+: The Google button collects and shares information about content you view and +1 actions, which may appear alongside your profile name and photo on Google services.
• LinkedIn: LinkedIn functions are used on our Site. Each access to a page containing LinkedIn features establishes a direct connection to LinkedIn servers.
• Twitter (X): Twitter functions and the "Retweet" feature link websites you visit to your Twitter account and share them with other users.

Advertising, Analytics, and Marketing Technologies

• Mobile and Digital Advertising: AdColony, Adjust, DCMN, KeyWee, Outbrain, Pinterest, Quora, RevContent, Snapchat, Taboola, Tune (HasOffers), Twitter/X Ads, TVSquared, Yahoo Gemini.
• Google Advertising and Analytics: Google AdSense, Google AdWords and conversion tracking, Google Analytics (including IP anonymization, browser plugin opt-out, data processing agreements, demographic features, and remarketing with Google AdWords and DoubleClick).
• Facebook Marketing: Facebook Mobile Advertising ID, Facebook Pixel (including custom audience remarketing opt-out).
• Web Analytics and User Behavior: Hotjar, Hubspot CM, Airbrake.

Newsletter and Messaging Services

• Newsletter: If you wish to receive the newsletter offered on the Site, we require your email address and information allowing us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. Processing is based exclusively on your consent. You may revoke consent at any time via the "unsubscribe" link in the newsletter.
• Batch: IMEDIAPP, Paris, France, for application push messages.
• Braze: Braze, Inc., New York, NY, USA, for newsletter and push message marketing.
• MailChimp / Mandrill: Rocket Science Group LLC, Atlanta, GA, USA, for newsletter distribution and campaign analysis.

Payment Processors and Billing

When you make payments for our services, credit or debit card information is not stored on our servers. Such information is stored by our PCI-compliant payment processors. We work with the following providers:

• PayPal
• Tabasher Platform
• Masaq / MaSaq Pay
• VISA
• Mastercard
• IBAN Bank Transfer
• Apple Pay
• Google Pay
• STC Pay
• Stripe and Recurly

All credit and debit card transactions occur between the originating computer and our payment processor. When you use trial phases, subscriptions, or purchase through the Service, credit card and financial information needed to process payment is collected and stored with the payment service provider. We also collect limited information such as postal code, mobile number, and transaction history details. Payment service providers typically supply limited information such as a unique token enabling further purchases using stored data, plus card type, expiration date, and last four digits.

• ChargeDesk: ChargeDesk Pty Ltd, Sydney, Australia, for invoice generation and delivery.

Cloud Infrastructure and Data Services

• Amazon Web Services (AWS): AWS data centers for backend hosting; AWS Pinpoint for mobile interaction data evaluation. Amazon Web Services, Inc., San Francisco, CA, USA.
• Microsoft App Center: Microsoft Corporation, Redmond, WA, USA, for crash report storage and analysis.
• MongoDB Atlas: MongoDB, Inc., Dublin, Ireland, as central database.
• Amplitude: Amplitude, Inc., San Francisco, CA, USA, for business intelligence processing.
• Data Virtuality: Data Virtuality GmbH, Leipzig, Germany, for data transfer to business intelligence tools.
• Periscope Data: Periscope Data, Inc., San Francisco, CA, USA, for business intelligence dashboards.

Monitoring, Error Tracking, and Other Services

• Fabric (Crashlytics): Google Ireland Limited, Dublin, Ireland, for application error detection.
• Newrelic: New Relic, Inc., San Francisco, CA, USA, for website performance monitoring.
• Evernote: Evernote Corporation, Redwood City, CA, USA, API for exporting highlights.
• Glassdoor: Glassdoor, Inc., Mill Valley, CA, USA, for application ranking display.
• Typekit: Adobe Systems Inc., San Jose, CA, USA, for font display.
• Typeform: Typeform, S.L., Barcelona, Spain, for user surveys.
• YouTube: YouTube, LLC, San Bruno, CA, USA (subsidiary of Google Ireland Limited), for embedded video content using extended privacy mode.

Where we engage third-party service providers, we enter into data processing agreements requiring them to protect customer data and not disclose it to unauthorized third parties. Further information is available in each provider's respective privacy policy.

Article 15: Disclosure of Personal Data

* Business Transactions: If the Site is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different terms and conditions agreement.

* Law Enforcement: Under certain circumstances, the website may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (for example, a court or government agency).

* Other Legal Requirements: The website may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation.
• Protect and defend the rights or property of the Site and services.
• Prevent or investigate possible wrongdoing in connection with the Service.
• Protect the personal safety of users of the Service or the public.
• Protect against legal liability.

* If you violate or breach this Agreement.

* If we file a case or complaint against you.

* If we encounter technical or informational difficulties with the service operator or receive complaints regarding the service.

* If we conduct data analysis for advertising purposes or to understand the nature and characteristics of Site visitors.

Article 16: User Obligations

Users may not use, permit use of, or modify services, equipment, software, or other products received from the Service Provider in a manner that violates any applicable regulations in the Kingdom of Saudi Arabia or breaches the terms and conditions of their service contract. Users are responsible for any unlawful use and its consequences. Users are responsible for protecting their internal network from irregular breaches where such breach results from their calls or data traffic. Users must pay the deposit and any periodic and non-periodic amounts due to the Service Provider on time as specified in the service contract. When the Service Provider offers installation of terminal devices or other communications equipment, users must permit persons authorized by the Service Provider to enter buildings or sites occupied or controlled by the user and remain on such sites to the extent reasonably necessary for the following purposes: (1) performing any repair or inspection work required for such equipment, software, or other tools associated with providing a particular service to the user; (2) installing, withdrawing, removing, maintaining, or replacing any communications equipment and tools on-site to provide the service to the user. We may also collect information sent by your browser when you visit our Service or when you access the Service by or through a mobile device.

Article 17: Compensation for Violations

• You acknowledge and agree that if violations or complaints from your side are repeated, compensation shall be due for each complaint and each violation independently.
• If you violate any principal or subsidiary provision of this Agreement, you acknowledge compensation to The Certain Way Company in the amount of five million Saudi Riyals (SAR 5,000,000) in addition to all litigation fees.
• If you submit any complaints, whether vexatious or otherwise, or reports, you acknowledge compensation to The Certain Way Company in the amount of five million Saudi Riyals (SAR 5,000,000) in addition to all litigation fees.

Article 18: General Terms

• Arabic is the primary language for use of the Site and benefit from all materials published therein.
• The Site includes numerous electronic participation tools such as forums, polls, comments, blogs, voting systems, personal contributions, SMS, telephony services, and services via our proprietary or third-party applications. By using them, you agree to their terms in addition to the terms and conditions on this Site.
• Site management has drafted a set of standards and restrictions regarding use of electronic participation to maximize the benefit of electronic participation principles. Your access to the Site constitutes full acceptance of these standards and restrictions.
• If you do not agree to the terms and conditions of use, please do not use the website or any services provided; use without reading shall have no effect.
• The Service Provider reserves the right to amend the terms of use at any time as it deems necessary.
• You acknowledge and irrevocably waive all financial, moral, and other claims against the Site, its owners, management, employees, all staff, contracted companies, operating companies, institutions, agents, and lawyers arising from your dealings with Faisal Al-Baiti or use of the Site, social networks of The Certain Way Company or Faisal Al-Baiti (Chief Executive Officer), or consultation platforms, lectures, and workshops.
• You acknowledge and agree, without ignorance or unfairness, to the indemnification and release provisions in this Agreement.
• You acknowledge and agree not to use any data or addresses contained in the social media applications of The Certain Way Company or Faisal Al-Baiti (Chief Executive Officer), the website, or any affiliated services for marketing or promoting any service or product. Violation thereof entitles the compensation stated above.
• You acknowledge and agree to refrain from periodic or repeated correspondence (broadcasts), greetings, or contact lists by any electronic means. Violation thereof entitles compensation under Article 17 for each violation.
• This Agreement does not terminate on a fixed date but continues and renews automatically between the parties.
• This Agreement applies to all parties and their lawful heirs.
• The Site owner and Service Provider have the right to investigate the user where there is suspicion of violation of any provision, term, or condition of this contract, and to investigate and inquire into information; where a right exists, it may be proven before competent authorities and all necessary legal actions may be taken as deemed important or necessary by legal counsel.
• By using the Site, subscribing, interacting, or both, you grant absolute right to record your voice, image, videos, contributions, questions, and answers, and the right to broadcast and publish them, and you irrevocably waive any claims relating thereto.
• User and subscriber consent is a condition of use and constitutes express consent to capture, record, reproduce, and publish their name and likeness in any manner in all promotional, educational, or other media derived from their attendance and participation in any form of use of the Site.
• Where a Site user is a political or diplomatic entity, the sponsoring state granting political or diplomatic immunity shall bear all damages arising from misuse or breach of the provisions and terms of this Agreement by such individual.
• If you have any questions regarding privacy data and disclaimers, you may contact us once only via registered mail at the following address:

The Certain Way Company, Office 1809, Headquarters Tower, Corniche Road, Al-Shati District, Jeddah, Kingdom of Saudi Arabia

::End of Agreement Terms::

For inquiries: info@mytcw.sa

Phone: 920031309

Location: السعودية - جدة