Term and conditions ERP - Jordan

Term and conditions ERP – Jordan

Last modified on 24/10/2024

This annex represents the terms and conditions policy and is considered an integral part of the contract signed between the parties referred to as (the company and/or the first party and/or Aumet) and the users of (Aumet Business Solutions Software \ Aumet Pharmacy System \ AUMET ERP) (“the user”), who are referred to as (the user and/or the second party and/or the subscriber). These terms and conditions govern your use of (Aumet Business Solutions Software \ Aumet Pharmacy System \ AUMET ERP).

First: Conditions for providing the service

The preamble of the agreement, the subscription request from the subscriber, the terms and conditions policy, and any attached annexes are considered integral parts of this agreement and are to be read as one unit. Therefore, by accessing the site and/or signing the contract and its annexes and/or using the system, you acknowledge and agree to these terms and conditions and confirm your commitment to them.
The receiver of the service (the subscriber) acknowledges and undertakes under any circumstances not to allow the introduction of any viruses into the system, or any other code designed specifically to damage the system or disable the service or allow access or interfere with it or give the access code and system information to any competitor or commit any behavior that affects the service and the system in a negative or positive way.
This contract is a service contract and is not considered in any way a license, partnership, merger and/or any relationship that is not indicated herein, and the relationship is limited to the limits and terms of the agreement.
The use of the (AUMET system for pharmacies) is subject to the acceptance of the “Terms of Use” and the “Privacy Policy” posted on the website. The company reserves the right to update the “Terms of Use” and the “Privacy Policy” as indicated on the website at its sole discretion. The amended terms become effective immediately upon their publication on the website. Aumet has the right to benefit from the data or part thereof by sharing it with data and artificial intelligence companies, or with government and semi-governmental entities pursuant to a court order. Disclaimer: Any modification to the Terms of Use and Privacy Policy will be in accordance with the platform’s development needs to keep pace with the rapid advancements in information technology and to provide the best service to current and future subscribers, regardless of their status. The company will notify customers of any new amendments to the Terms of Use and Privacy Policy posted on the website by sending them via the authorized email provided by the second party. These amendments shall become effective against the second party on the day following the date of sending them to the authorized email. These terms (Terms of Use and Privacy Policy) are set solely by the first party and are binding on the second party as provided at the time of signing the contract and in any subsequent form if technical requirements necessitate updating these terms to improve the provided service.
The company’s responsibility is limited to entering the new opening balances for the subscriber, starting from the date of their subscription upon signing this agreement. The service provider is not responsible for transferring the historical data stored with the subscriber in their previous system before
using the “AUMEt Pharmacy System.” The company shall not be liable for any errors in the data provided by the second party or for any mistakes arising from the misuse of the system by the second party.The company does its best within its possible ability to provide services continuously without interruption throughout the subscription period and by updating the data published on the site and ensuring its sufficiency, accuracy, and correctness.
Notwithstanding the provisions of Clause 6 above, the first party does not guarantee or represent that the system will operate without interruptions or be error-free. The first party shall not be liable towards the second party for any damages, losses, costs, or liabilities of any kind that may be incurred due to the system’s downtime or other system malfunctions. Additionally, the first party shall not, under any circumstances, be liable to the second party for any special, incidental, indirect, punitive, or any other damages, regardless of any failure by the first party to provide the system services as stated in this agreement, even if the first party is aware of the consequences of such failure. The second party agrees that the first party’s liability shall be zero at all times.
The first party undertakes that in the event of any technical issue in the system, it will make reasonable efforts to resolve it as quickly as possible.
The use of (AUMET ERP) requires the availability of Internet service, and ensuring the availability of this service is the sole responsibility of the subscriber. The company does not bear the costs of the subscriber’s subscription to the Internet service or the cost of any equipment, hardware, software, or a special copy of programs that the subscriber may need to connect with the Internet to reach the maximum benefit of the program, and therefore in the event of an internet or electricity outage, the communication between the service receiver and the service will be interrupted, but the operating mode with no connection ( offline) will work for (24) hours only, and the company is not responsible for any damage to the subscriber as a result of the interruption of the Internet or failure to use the required version of the browser to obtain the benefits of the site optimally. The receiver of the service is the only one who is fully responsible for all the information that is stored on the system and/or the program during that period, and the company/service provider is exempted from any responsibility and/or legal burdens and/or complications arising from that interruption. In all cases, the receiver of the service is obligated not to delete, modify and/or correct any order on the service and/or the program.
Notwithstanding what stated in clause (6 and 9), the use of the published information and the features available on the site is the sole responsibility of the subscriber, so that the company is not responsible for any damage resulting from this use or for any error or deficiency in the information contained on the site.
Neither party shall be liable to the other party for consequential, special, incidental or indirect losses incurred by any party.
In the event of any modification to the product prices by the relevant authorities or by the second party, the second party is obligated to provide the first party with these prices or any updates related to the products in terms of type, quantity, price, or number, in order to update them in the system and ensure the accuracy of the information available therein. The company shall not be held responsible or liable in this regard.

Second: Services

The company may also provide remote training services so that the receiver of the service can use (AUMET ERP), Unless otherwise provided in this agreement, the services provided by the company to the service provider or its representative are limited to the following:

Create and build an online account, including inventory and prices (if any), for customer products;
Launch, use, and manage the application’s feature(s) and tool palette;
Activate and solve any problems related to the service.

Third: Specifications for use of the username and password

the subscription is activated through an electronic link sent to the subscriber via the email selected and authorized by the subscriber in the subscription application. This link allows the creation of the subscriber’s account information represented by (user name and password), and the subscription date is the date of sending the indicated email regardless of the date on which the information was created and/or the account was directly used by the subscriber.
The service receiver is solely responsible for registering, changing, and maintaining the user name and password, and other data related to the service, and in case any leakage or theft of the user name or password, the company will do its best to help the user of the service to recover the username, password, or other data related to the service, and thus it will not be responsible or bear any responsibility in case of misuse of the receiver of the service if this leads to the loss of any of that information.
Updating the subscriber’s data requires providing the company with the subscriber’s name, mobile phone number, and e-mail as stated in the application, and the subscriber’s commitment to the correctness of the information provided to activate the account shall be applied.
The company has the right to ask the subscriber to periodically update the data and/or change the password in order to preserve the confidentiality and privacy of the subscriber’s account information. In the event that the subscriber does not respond to the request, the company has the right to suspend the service temporarily until the password is changed.
Subscription under the contract includes an exclusive personal use license of the subscriber, and is not transferable, traded, sold, shared and/or made available in any other way to non-subscriber. It is not permissible to enter AUMET ERP except by the identified subscriber with special username and
password, which may not be shared in any way with any other person. If the subscriber becomes aware that another person has used the subscriber’s password, the subscriber shall immediately inform the company and change it immediately.
The company has the right to stop the service or terminate the subscription at its own will if it becomes aware of the subscriber’s violation of the provisions of clauses, without prejudice to any other rights granted to the company.

Fourth: Taxes and government fees

The company is not responsible for any government fees and/or taxes, which shall be paid by the receiver of the service, and accordingly, each of the parties thereto must bear the taxes imposed on it according to the related legislation in force, and immediately upon subscribing to this service.

Fifth: Additional obligations for both parties

The service recipient owns all data related to customers and the data related to commercial transactions processed through the company’s products (“Service Recipient Data”), while the service provider is committed to complying with all applicable privacy laws in the context of collecting, storing, and using the Service Recipient Data.
The first party acknowledges and undertakes that the collection and analysis of subscriber data and any relevant information will be done on an aggregated level where identifying information has been removed, rendering the data completely anonymized.
The subscriber acknowledges and undertakes to allow the first party to use their data for the purpose of improving and developing the service provided by the first party.
The first party has the right to update and improve the platform’s software from time to time at its sole discretion and without notice and/or approval from the subscriber, according to the provisions set forth in the agreement as deemed appropriate.
The first party has the right to suspend the service and/or terminate the subscription at its sole discretion and without giving any notice if it becomes aware of the subscriber’s violation of the terms of the contract, its annex, or the terms and conditions policy, without prejudice to any other rights granted to the first party. The first party also retains the right to claim any damages incurred by the first party, and the second party has no right to claim any amounts paid to the first party, including but not limited to (subscription fees and/or service fees and/or upgrade and additional service fees).
The company is not responsible for any breach of the provisions of this agreement if it results from the subscriber’s misuse of the system. The company is also not responsible for the loss or destruction of stored information due to force majeure, sudden accident, and/or any reason beyond the direct control of Aumet, and/or any reason attributed to a third party.
The subscriber is obligated to pay 50% of the fees upon signing the contract, and the second party is obligated to pay the remaining amounts within the first five days from the activation date.
The activation date is considered the beginning of the training and billing date, and the subscriber is required to complete the payment of fees to Aumet, regardless of the date of data creation and/or any delay in using the account by the subscriber, with the activation date not exceeding one month from the contract signing date.
The company commits to activating the subscription within a maximum period of 14 business days from the date of payment of the subscription fees referred to in Clause 7 and delivering to the second party all documents and data requested by the first party to activate the service. In any case, the fees shall not be considered paid until the subscriber presents a receipt to confirm payment of the fees in accordance with proper procedures.
The fees paid by the subscriber are non-refundable in the event the subscriber cancels the contract and/or terminates the contract before the specified period or ceases to use the system for any reason. Any discounts mentioned in the contract shall be nullified, and the subscriber is obligated to pay the full amount due upon the suspension of service and/or discontinuation of its use, including the application, training, account setup fees, and any remaining amounts for the contractual period.
The company is not responsible for the subscriber ceasing to use the system for any reason, including but not limited to the closure of the establishment and/or branch and/or relocation of the branch and/or establishment to another location. The subscriber’s (second party’s) obligation remains valid, binding, and enforceable for the entire contract duration. The provision of the “Omit Pharmacy System” to the subscriber is in exchange for a one-year subscription, which is automatically renewed for a similar period unless either party notifies the other party at least 30 days before the end of the specified contract period. All service fees are due before the system is activated.
The company is obligated to provide the service for a period not exceeding one month to the benefit of the subscriber until the subscriber renews their subscription. If the subscription is not renewed, the company’s obligation will terminate after a maximum period of one month in relation to retaining the information stored on the company’s cloud service. The subscriber must retrieve all their data stored on the company’s cloud service within this period, and the company holds no responsibility if the subscriber exceeds the deadline stated in this clause.
The Aumet system for pharmacies is provided to the subscriber in return for a subscription for a period of one year unless otherwise specified in the contract, and all service fees must be paid before system activation unless otherwise agreed.
Without prejudice to Clause (7) of this article, in the event the second party fails to pay the due amounts within one month, the first party has the right to suspend the service and demand all due payments from the second party, including the full contract period, as well as training fees, application fees, account setup fees, and any other fees incurred by the first party.
The second party undertakes to indemnify and hold the first party harmless against all claims, causes of action, legal proceedings, liabilities, objections, damages, and costs of any kind (including but not limited to legal fees and expenses) imposed by any party or person through claims, objections, lawsuits, defenses, disputes, set-offs, or counterclaims that may arise now or in connection with this agreement, including but not limited to any process gained by the first party.

Sixth: Intellectual Property and Privacy Terms

Both parties agree that all devices, software, programming language, services, trademarks, copyrights, studies, reports, and electronic and geographic surveys are the property of the first party (AUMET). The first party (AUMET) has the right to use the information generally and the data related to the subscriber for the purpose of improving the service. The first party (AUMET) is also entitled to use the data related to the subscriber without disclosing the subscriber’s personal information and/or without revealing any indication of the subscriber’s pharmacy name and/or its owner and/or its customers. This shall only be for the purpose of geographic surveys of such data and providing reports related to the products in all activities of the subscriber on the platform, as well as for general studies.

Both parties agree that the first party (AUMET) retains all rights, title, and interest, including but not limited to all copyrights, trademarks, trade secrets, patents, technical know-how related to the platform, AUMET’s trademarks, and service marks, and all updates to the platform or services. Generally, copyrights, studies, reports, and information are considered the exclusive intellectual property of AUMET, whether mentioned or not. You may not use, copy, reissue, republish, upload, post, transmit, distribute, or modify this intellectual property in any way without obtaining the express written consent of the company. The use of intellectual property rights is strictly prohibited, including but not limited to AUMET’s trademarks and copyrights on AUMET’s logo, on any other website that is not authorized by us.

The first party (AUMET) undertakes to maintain the confidentiality of the subscriber’s information, including customer data and the subscriber’s processed commercial transaction data stored on the platform.

Both parties agree to maintain the confidentiality of all information related to any of them (whether written or oral) that was obtained or received, whether as a result of discussions that led to the entry into this agreement or that was obtained, received, or acquired for the purpose of executing this agreement. Each party will use

the confidential information only in connection with the execution of this agreement and the provision of services, and not for any other purpose. This restriction will remain in effect after the termination/expiration of this agreement for a period of one year from the date of termination/expiration, and will not apply to information that has become public property unless the unauthorized disclosure was made by or on behalf of AUMET.

Seventh:Compliance with Applicable Laws/Jurisdiction

By signing below, the service recipient agrees to comply with all the terms and conditions mentioned above, in addition to the terms of use for the commercial services of the aforementioned company.
The service recipient must comply with all applicable laws and regulations that may apply to it.
Notices and/or notifications sent by the company, and any other communications including judicial notifications made by the courts and/or via email or messages sent through the website, shall be deemed valid and legally accepted between the parties. The recipient will be considered as notified on the day following the date of the notice being sent.
In the event that any part of these terms becomes illegal, invalid, or unenforceable for any reason, such provision shall be severed from these terms and shall not affect the validity and enforceability of any of the remaining provisions of these terms. No waiver by us shall be construed as a waiver of any previous or subsequent breach of any provision.
Jordanian law shall be the governing law applicable to the contract, or any obligation, dispute, or matter related to or arising from it. The Court of First Instance of Amman (Palace of Justice) shall have jurisdiction to resolve any disputes in Jordan (God forbid) arising between the parties regarding this contract or its interpretation, including non-contractual disputes.
Both parties shall adhere to the privacy terms published on the platform via the following link: erp.aumet.com/privacy-policy.

We reserve the right, at our sole discretion, to make changes or amendments to these terms and conditions at any time and for any reason. The second party acknowledges and agrees that any modification to the existing terms and conditions policy will be valid and binding on both parties starting from the day following the date the notice is sent to the second party, using the methods and means mentioned in Article 3 of this section.