By accessing Salam HHC Offering or any part thereof, You hereby represent and warrant that You are duly authorized to enter into and bind Yourself to these Terms and You acknowledge and agree that all such use by You is subject to its provisions.
If You do not agree to these terms or are not authorized to bind yourself, You are not permitted to use Salam HHC offering or any part thereof. Unpermitted use of Salam HHC offering or any part thereof is prohibited.
| Corporate Client | Means an entity that has contracted with Salam HHC to acquire the System for its organization and staff. |
|---|---|
| Corporate User | Means an individual, except for an Individual User, who accesses or uses the System and/or Services through a User Account created and designated to a specific Corporate Client. |
| Force Majeure | Means any circumstances or causes beyond the reasonable control of either party and resulting in the delay or non-performance of that party`s obligations under these Terms, including without limitation to fire, explosion, strike, lockout, casualty or accident, epidemic, cyclone, flood, drought, or any act of God, war, revolution, civil commotion, acts of public enemies, blockade or embargo and any other causes that cannot be overcome or prevented by due diligence or acts whatsoever, similar to those above enumerated, beyond the reasonable control of a party thereto. |
| Health Care Entity | Means a Corporate Client working in the health care industry in Saudi Arabia such as, but not limited to, hospitals, clinics, laboratories, pharmacies, or radiology centers. |
| Individual User | Means an individual, except for a Corporate User, who accesses or uses the System and/or Services through a User Account. |
| Integration | Means all Salam HHC authorized integration between the System and third-party apps or services. |
| Intellectual Property | Means source codes, object codes, user interface designs and functionalities, digital libraries, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, domain names, trademarks, trade names, service marks, get-up and trade dress, goodwill, design rights, semi-conductor topography rights, database rights, trade secrets and all other intellectual property rights protectable in any part of the world whether registered or unregistered. |
| Salam HHC App | Means the smart phone and tablet application through which a User can access and log into the System or part thereof and/or acquire the Services. |
| Salam HHC Offering | Means Salam HHC App, Salam HHC Website, System and Services collectively. |
| Salam HHC Website | Means the main web page and related web pages through which a User can access and log into the System or part thereof and/or acquire the Services. |
| Salam HHC, We, Us or Our | Means Salam HHC IT Company, a Saudi Arabian limited liability company pursuant to commercial registration number (4030366732). |
| Salam HHC’s Confidential Information | Means (i) all non-public information related to Salam HHC or Salam HHC’s affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (ii) all non-public information disclosed by Salam HHC, Salam HHC’s affiliates, business partners of Salam HHC or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential; and (iii) third-party information that Salam HHC is obligated to keep confidential. |
| Privacy Policy | Means the Privacy Policyof Salam HHC. |
| Saudi Arabia | Means the Kingdom of Saudi Arabia |
| Services | Means the enterprise resources planning system and/or other services offered by Salam HHC to the User from time to time, as per the SLA or any other binding agreement with Salam HHC. |
| Service Provider | Means an entity that provides services to the User, that is governed by a service agreement. |
| SLA | Means the Service Level Agreement signed between Salam HHC and a Corporate Client. |
| System | Means i) Salam HHC Website and/or Salam HHC App used by the User to log into their User Account and all other related pages (except third party websites); and ii) the entire offering of Services. |
| Unified Health File | Means the Unified Health File of each Individual User containing all HHC data submitted by various Health Care Entities about the Individual User. |
| User Account | Means the unique access to the System provided to an Individual User and/or Corporate User through a username and a password or any other method required by Salam HHC. |
| User, You, Your or Yourself | Means i) all Individual Users who access or use Salam HHC Offering or any part thereof whether in browsing mode or as a registered user or (ii) Corporate Users who access or use the System and/or Services through a User Account created and designated to a specific Corporate Client, including subcontractors and/or any affiliated Users of the Corporate Client. |
Salam HHC provides or intends to provide a number of Services, from time to time, through Salam HHC App including but not limited to:
- Maintaining chart of accounts
- Financial postings and statements
- Managing user and/or employee profile
- Payroll management
- Goods receiving or issuing
- Selling through sales of points
- Electronic Health Record
- Maintaining vital science
- Diagnosing patients and issuing HHC report or sick leaves
- Entering Lab results
Withstanding other provisions in this Terms and the SLA, Salam HHC will make the System and Services accessible for the use of the User. The User may access and use the System and/or Services in accordance with this Terms, the SLA and the laws of Saudi Arabia.
The System contains features designed to connect with third party systems or applications either: (i) as a basic offering by Salam HHC, which the User agrees that such basic integrations will be part of the System and/or Services; or (ii) as some customized integration upon the request of the User. While Salam HHC will practice its best reasonable efforts to maintain the continued availability of such features,User’s Salam HHC cannot guarantee the continued availability of such features, and may cease providing them without entitling the User to any refund, credit, or other compensation, if for example and without limitation, the provider of the third party system or application ceases to make the third party system or application available for integration with the System or Services in a manner acceptable to Salam HHC.
Salam HHC shall maintain the System and/or Services through Technical Support and Upgrades as follows:
Technical Support:Salam HHC shall receive the User’s Technical Support Tickets on 24 hours, 7 days a week basis. Salam HHC shall also practice its best effort to respond to all Tickets in a timely and efficient manner. In all cases and unless otherwise specified in the SLA, Salam HHC will apply the following reaction times with regards to the User’s Technical Support Tickets based on priority level:
| Priority Level | Description |
|---|---|
| Priority 1 – Very High | Major full System/Services down; User cannot work around the issue. Systems/Services no longer available to any Users. |
| Priority 2- High | Major full or partial System/Services down; User can work around the issue. Impacts multilabel Users. |
| Priority 3 – Medium | Service unit issues: User can work around the issue. Users workflow interrupted. Issue impacts multilabel Users. |
| Priority 4 – Low | Service unit issues: User can work around the issue. User workflow interrupted. Issue impacts a single User. |
The User initially sets the priority level when creating the Ticket, however final assessment of the actual level of priority will be subject to Salam HHC’s discretion.
Upgrades:
For the purposes of maintaining optimized performance and continuous improvement of the System and /or Services Salam HHC may, from time to time and based on its sole discretion, apply a System and/or Services Upgrades, that may affect the System and/or Services across all Users or to a specific User. Salam HHC shall practice its best effort in notifying Users of all Upgrades as far in advance as is reasonably possible and to provide Users with all relevant documentation as soon as possible after notification. Salam HHC will use all reasonable efforts to minimize Salam HHC’s downtime and schedule maintenance outside of Salam HHC’s normal peak operating hours.
Salam HHC may sometimes release products and features that are still in the testing and evaluation phase and may not be as reliable as Salam HHC’s other Services. Beta services are made available so that Salam HHC can collect User feedback, and by using the Beta Services, the User agrees that Salam HHC may contact the User to collect such feedback. Beta services are considered to be part of Salam HHC’s Confidential Information subject to the confidentiality requirements under this Terms
When You book an appointment with a Service Provider, Salam HHC provides and is responsible for the System – but not the Experience and Quality of Services provided by the Service Provider. When You book for an appointment, You agree to pay the cost of the Services, including any charges and taxes that may apply. For some Services, You may be required to make an upfront payment and/or a payment taken at the time of the Service delivery.
- If we organize Your payment, We (or, in some cases, our affiliate) will be responsible for managing Your payment and ensuring the completion of Your transaction with the Service Provider. In this case, Your payment constitutes final settlement of the ‘due and payable’ price.
- If the Service Provider charges You (i.e. payment on arrival), this will usually be in person at the start of the Service delivery, but it could also be (for example) that Your credit card is charged when You book online. This depends on the upfront payment policy of the Service Provider as communicated to You in the booking process.
If the Service Provider requires an Upfront Payment, it may be taken or pre-authorized when You make Your booking, and depending on the Service Provider’s upfront payment policy, it may be non-refundable. Before You book, PLEASE CAREFULLY READ THE SERVICE PROVIDER’S UPFRONT POLICY, which We do not influence and are not responsible for. An E-Invoice will be issued by Salam HHC as a proof of payment; however the Service will be delivered by the Service Provider. We may store your Payment Method details for future transactions after collecting Your consent. If You know of or suspect any fraud or unauthorized use of your Payment Method, please immediately contact Us to enable Us to take the necessary action with the concerned payment department.
You shall hold Salam HHC’s Confidential Information in the strictest confidence and shall not, without the prior written consent of Salam HHC, use or disclose to any third party, directly or indirectly, any of Salam HHC’s Confidential Information, except as follows with reasonable prior notice given to Salam HHC to allow Salam HHC the time to take the appropriate measures: (i) is generally known to the public through no improper action or inaction by You or any of Your affiliates, agents, consultants or employees; and/or (ii) the disclosure of Salam HHC’s Confidential Information is required by applicable laws, regulation, court order or governmental authority.
Salam HHC and its affiliates will not be liable to You for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if Salam HHC has been advised of the possibility of such damages. Further, neither Salam HHC nor any of its affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with the Your inability to use the services, including any termination or full or partial suspension of these Terms or the User’s Account, use of or access to Salam HHC Offering or any part thereof or any unanticipated or unscheduled downtime of all or a portion of the Services for any reason including but not limited to: (a) the cost of procurement of substitute goods or services; (b) any investments, expenditures, or commitments by You in connection with these Terms or Your use of or access to the Services; and/or (c) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your content or other data. In any case, Salam HHC’s liability under these Terms will not exceed the amount actually paid by You to Salam HHC under these Terms for the System and/or Services during the 12 months before the liability arose.
Salam HHC reserves the right, if it determines it is best, to terminate, suspend and/or deactivate Your account immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services. We may also terminate, suspend or deactivate Your account for any other reason, including inactivity for an extended period. Salam HHC shall not be liable to You or any third-party for any termination, suspension or deactivation of Your access to Salam HHC Offering or any part thereof. Further, You agree not to attempt to use Salam HHC Offering or any part thereof, in any manner, after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to Your inactivity, You may be permitted to create another user account). Salam HHC shall not be liable for the delivery of any services and/or data loss if the User Account has been terminated. Unless Salam HHC terminates this Agreement for breach, for a period of thirty (30) calendar days following the termination or expiration date Salam HHC we will not take action to remove from the System any Client Content and we will allow the Client to retrieve the Client Content from the System only if the Client have paid all amounts due under this Agreement and/or the Salam HHC Service Terms; and/or Corporate Clients are obligated to ensure the validity of the SLA signed with Salam HHC; otherwise Salam HHC reserves the right to, if it determines it is best, to terminate, suspend and/or deactivate User accounts immediately, without notice, if there has been a violation of these Terms or by someone using Your credentials or by Your own use of the System and/or Services.
All communication and notices required by these Terms from Salam HHC to You will be deemed to have been duly given when provided by Salam HHC to You via email at the email address registered on Your User account. You understand that Salam HHC will send communications that are needed to provide Salam HHC Offering or any part thereof to You, such as a response to a password reset request, customer support requests and/or educational material, You cannot opt out of these communications. You acknowledge that it is Your sole responsibility to notify Salam HHC of any change to Your email address and/or any other contact information as soon as they are changed. All email communications and notices sent to Salam HHC should be directed to the following email address: info@nexencare.com.
The System is administered in Saudi Arabia and is intended for the access and use of Users located in Saudi Arabia. Any use outside of Saudi Arabia is at the Users’ own risk. Users are responsible for compliance with any other local, state or federal laws when using the System outside of Saudi Arabia.
These Terms shall be governed by the laws and regulation of Saudi Arabia. In case where a dispute arises between You and Salam HHC, it shall be resolved amicably within fifteen (15) days from the date of notice given by one of the parties to the other party, notifying them of the existence of such a dispute. If no such amicable resolution could be reached within the designated period, then the dispute shall be referred to the relevant courts in the city of Jeddah, Saudi Arabia.
These Terms and the Service Level Agreement constitute the entire binding agreement between Salam HHC and the User regarding the subject matter of these Terms. They supersede all prior or contemporaneous representations, understandings, agreements, or communications between You and Salam HHC, whether written or verbal, regarding the subject matter of these Terms.
If Salam HHC fails, at any given time, to insist on strict performance of any of Your obligations or representations under these Terms, or if Salam HHC fails to exercise any of the rights or remedies to which it is entitled under these Terms, such failure shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations; and a waiver by Salam HHC of any default shall not constitute a waiver of any subsequent default.
You acknowledge that the relationship between You and Salam HHC is solely a service provider relationship and that nothing in these Terms shall constitute that the relationship between You and Salam HHC to be a partnership, agency, employment or representation relationship.
In the case of conflicting meanings between the Arabic and English text of these Terms, the text of the Arabic language shall prevail.
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision, condition or clause will, to that extent, be severed from the remaining provisions, conditions and clauses which will continue to be valid to the fullest extent permitted by law.
You may not assign, transfer or sublicense the provisions of these Terms, Services or access to the System in whole or in part to any person or third-party without Salam HHC’s prior written approval and any attempt to do so in violation of this section shall be null and void.
In case there was a direct conflict between the provisions of these Terms and the provisions of the SLA: With regards to Corporate Clients and/or Corporate Users the following documents shall have priority in the order they are mentioned and shall apply only to the limited extent of the direct conflict: (i) The provisions of the SLA shall have the first priority, and (ii) the provisions of Salam HHC Service Terms shall have the Second priority. With regards to Individual Users and/or Users, except a Corporate User, these Terms shall be the first priority when resolving a conflict in documents. For the avoidance of doubt the SLA shall not replace or prevail over these Terms as a whole.
Salam HHC reserves the right to modify these Terms at any time by posting a revised version on Salam HHC App, Salam HHC Website and/or System or by otherwise notifying You as per the communication provisions under these Terms.