Terms and Conditions

Last Updated: JUNE 2024

1. WHO IS ATHAR?

EL-FAALYAT AL-MATALEQA, a company organized under the laws of the Kingdom of Saudi Arabia, Commercial Registration No. 1010877139 with its place of business located with a registered address Office No. 43 & 44, 2nd Floor Al Thumama Road, Al Nada District Riyadh, Kingdom of Saudi Arabia. (“we,” “us” or “ATHAR”). ATHAR is in the business of organising events, including festivals, concerts, etc.. ATHAR can be contacted as follows info@atharfestival.com.

2. WHY THESE TERMS AND CONDITIONS ARE IMPORTANT

Please read these Terms & Conditions (“Terms”) carefully. These Terms, including the Athar Festival Terms & Conditions attached as a schedule and incorporated herein) set out the legal basis for the use of the ATHAR website (www.atharfestival.com) and the ATHAR App (together and separately herein, the “Platform”), and the ordering and purchasing of goods and services, tickets for festivals and events, (referred to herein as “Services”), and in respect of your attendance at our events.

3. YOUR AGREEMENT TO THESE TERMS

By visiting or using the Platform, and (if applicable) by ordering and purchasing Services, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Platform or attend our events.

4. USE OF THE PLATFORM BY MINORS UNDER 18

Access to the Platform is only available to persons over the age of 18. If you are under the age of 18 you do not have the permission to use or access the Platform. If you are under the age of 18, do not provide any information on the Platform or use the Platform (You will also not be able to attend any of our events).

5. CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of these Terms or to any service or other feature of the Platform and Services and you must accept such changes in order to continue your use and access of the Platform.

6. PLATFORM USERS; USE OF THE PLATFORM

6.1 Users of the Platform (“User”) are either a:

    1. Visitor“: a User who browses the Platform without creating a “User Account” (defined below); or
    2. Registered User“: a User who creates a User Account and can accordingly log-in to the Platform.

6.2 You acknowledge that, at our sole discretion, at any time, and without any prior notice, we may decline to allow you access to and/or use of the Platform (including access to and/or use of any Examples of scenarios that could give rise to this include (without limitation):

    1. You fail to comply with any or all of these Terms;
    2. You engage in behaviour that might harm others or otherwise pose a health or safety risk, damage property, infringe the rights of others or cause a nuisance;
    3. Our own operational or policy reasons, directions from responsible authorities, or as otherwise determined by us at our sole discretion.

6.3 The use of our Services including access to, and use of the Platform is subject to our policies from time to time in force.

6.4 You will only use the Platform and Services for your personal non-commercial purposes and in accordance with applicable laws and regulations.

6.5 Use of the Platform is subject to our Privacy Policy, available at https://www.atharfestival.com/privacy-policy/. We may also process cookies data, as further detailed in the Privacy Policy.

7. USER ACCOUNTS

7.1 Users who wish to become Registered Users agree to comply with the User Account requirements as set out in these Terms.

7.2 Users wishing to set up a User Account must create a unique User ID and a unique user password for their use only, and provide other information including full legal name, contact email address and phone number, and other details including identity verification information. Users who set up a User Account must not disclose their User ID and unique user password to any other person, and shall remain responsible at all times for the unauthorised use of their User Account. (Users must promptly notify ATHAR in the event of becoming aware of any apparent unauthorised third party use of their User Account.)

7.3 Users creating a User Account warrant that the information they provide is accurate, current and complete, and undertake to update such information as and when it changes to ensure that it remains accurate, current, and complete. (A User Account, and associated access to the Platform, may be terminated by ATHAR in the event that ATHAR finds, or has reasonable suspicion, that any such information is not (or is no longer) accurate, current or complete. Similarly, ATHAR may also suspend a User Account if ATHAR finds, or has reasonable suspicion, that a User is in breach of these Terms. Users acknowledge that ATHAR may from time to time require formal documentation that evidences any User Account information, and failure to provide such information in a timely manner and to the full satisfaction of ATHAR is a basis upon which ATHAR may terminate the relevant User Account.

8. INTELLECTUAL PROPERTY IN THE PLATFORM; USER PROVIDED CONTENT

8.1 Subject to clause 8‎‎.3 below, all right, title and interest in any and all intellectual property rights in the Platform and any Services, and parts thereof (including all programs, products, processes, technology, content (including graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code)), belong to ATHAR, or its licensors, and are provided on an ‘as is’ basis with no warranties of any kind. You undertake to refrain from gaining, or attempting to gain, unauthorized access to any portion or feature of the Platform or Services, or any other systems or networks connected to the Platform, or to any of the Services offered on or through the Platform, by reverse-engineering, hacking, password mining, or any other means. The ATHAR trade mark and associated logo are owned by ATHAR or its licensors, and may not be used without specific written permission.

8.2 Nothing in these Terms shall be construed as providing you with anything more than the limited right to use the Platform and Services, for your own personal, non-commercial use, to the limited extent necessary to benefit, as user, in the manner contemplated in these Terms.

8.3 Where the Platform permits you to post or upload any content or materials or to communicate or send any messages (all such content, materials or messages is referred to as “Content”) the following provisions apply:

    1. By providing Content to the Platform, you grant ATHAR a perpetual, irrevocable, world-wide, royalty-free, sub-licensable, non-exclusive license (but not the obligation) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on or in connection with the Platform. You further permit ATHAR to develop (at ATHAR’s own discretion, and without any obligation) derivative works (such as excerpts) from the Content for use on, or in respect of, the Platform and the promotion of the Platform. (Any such derivative works shall become part of the Content provided to ATHAR.)
    2. By providing Content to the Platform, you warrant that such Content is your own original work, and/or that you otherwise have sufficient rights in the Content to grant to ATHAR the rights contemplated in these Terms; and you warrant that the Content does not infringe any third party intellectual property rights. You shall be entirely responsible for the accuracy of any information about authorship, copyright and other ‘credits’ that you provide to ATHAR in respect of any Content. You undertake to refrain from seeking to assert or enforce any moral rights you (or your licensors) may have in any such Content.

8.4 Users must abide by all copyright notices or restrictions contained on or included in the Platform and must not delete any attributions, legal or proprietary notices on the Platform, nor are Users entitled to link to the Platform.

8.5 By submitting Content to the Platform as contemplated in clause ‎‎3 above, you warrant that such Content complies with the regulatory requirements of Saudi Arabia and is not otherwise unlawful. ATHAR is not required to monitor the Platform for Content that does not comply with the regulatory requirements of Saudi Arabia or is unlawful, but reserves the right to remove any Content of which it becomes aware, and which, in its reasonable assessment and in its full discretion, may breach such regulatory requirements or is otherwise unlawful or which is in breach of these Terms. (Accordingly, you acknowledge that you have no expectation of privacy in respect of any Content you make available on the Platform, and that ATHAR may monitor Content in order to address any concerns regarding inappropriate Content.)

8.6 Generally speaking, the following types of Content would breach such requirements, and accordingly cannot be made available via the Platform:

    1. Content that references religion in a derogatory, negative or inaccurate manner;
    2. Content that contains vulgarity or that promotes vices, crime or otherwise violates public morals;
    3. Content that harms the interests of the Kingdom of Saudi Arabia, or denigrates its leaders, symbols or institutions;
    4. Content that may undermine social harmony, encourage sectarianism or provoke class division, or that promotes the interest of any terrorist group;
    5. Content that may encourage hatred of any kind, or that fails to respect the dignity of any group or the privacy of any individual; and
    6. Content that infringes intellectual property rights.

9. ORDERING OF SERVICES; CANCELLATION AND DELIVERY; CONSUMER COMPLAINTS

9.1 The Platform includes functionality to allow you to make purchases/transactions relating to the Services online, as further described on the Platform.

9.2 Once you have placed an order (“Order”) for a Service (e.g. through clicking on an order button) and we have confirmed our availability to fulfil the order (e.g. automatically via the Platform, or as otherwise communicated to you by us), we will have a binding contract. We will provide you with a receipt as required by applicable law. You are not entitled to cancel the Order except where otherwise specifically permitted by applicable law.

9.3 We will inform you of any anticipated delay or difficulties that have a material effect on our ability to fulfil the Order. How the Services will be delivered will depend on the nature of the Services ordered – this will either be obvious from the nature of the Services or will be described on the Platform.

9.4 Where any Services are provided on a subscription basis (e.g. memberships) your rights to cancel and any renewal and additional payment provisions will be set out on the Platform.

9.5 Where you have a complaint about ATHAR’s provision of the Platform and/or any Services, please contact ATHAR using the contact details provided on the Platform or referred to in our Terms. We will review the complaint and respond to you as soon as reasonably possible.

10. FEES AND PAYMENTS

You are obliged to pay for the Services as per the prices and fees associated with each Order together with all applicable taxes and additional amounts (if any) related to delivery. Full payment, by credit or payment card (or any other payment method that ATHAR approves in its sole discretion), is required before ATHAR will provide the Services the subject of an Order. (Any bank charges related to your payment to ATHAR shall be to your account.) Any amounts payable to ATHAR shall be exclusive of VAT unless otherwise stated.

11. NATURE OF THE PLATFORM; AVAILABILITY OF THE PLATFORM AND SERVICES

11.1 Subject to clause ‎‎3, you understand and agree that the Platform and Services are provided and made available on a reasonable endeavours basis only (with no warranties or guarantees as to availability) and ATHAR, at its sole discretion, may limit, suspend, or terminate your use of the Platform and the supply of Services.

11.2 Subject to clause ‎‎3, you also understand that ATHAR may modify or discontinue the Platform and the provision of any Services at its sole discretion. ATHAR has no obligation to continue offering the Platform, and you have no expectation of continued access to the Platform or the Services.

11.3 Nothing in these Terms shall prejudice your rights as a consumer under the laws and regulations of Saudi Arabia nor exclude any liability of ATHAR for death or personal injury caused by its negligence.

12. DISCLAIMER OF WARRANTIES

Subject to clause ‎‎3: you expressly acknowledge and agree that your use of the platform and any services is at your sole risk and responsibility. The platform and services are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and the entire risk for your use of the platform and the content and services. without limiting the foregoing, we do not warrant that (a) the platform or the content or the services will meet your requirements or expectations or achieve their intended purposes, (b) the platform or the content or the services will not experience outages or otherwise be uninterrupted, timely, secure or error-free, (c) the information obtained through the platform or the content or the services will be accurate, complete, current, error- free, completely secure or reliable, or (d) that defects in or on the platform or content or the services will be corrected. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the platform and the content and the services.

13. LIMITATION OF LIABILITY

Subject to clause ‎‎11.3: under no circumstances shall athar be liable to the user or any third party with respect to any subject matter of these terms (including any breach of security or data loss or user’s reliance on or use of anything learned in any content in any manner) under any contract, negligence, strict liability or other theory for any indirect, incidental, or consequential damages or lost profits, loss or inaccuracy of data or documents or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages or whether any remedy set forth herein fails of its essential purpose or otherwise. Athar’s total cumulative liability to you arising out of or related to these terms will not exceed the price paid by you for the services giving rise to the liability in question, and which the parties acknowledge reflects the agreed upon allocation of risk between the parties and that athar would not enter into these terms or make the platform or the content or the services available to users without these limitations on liability. This limitation of liability will apply notwithstanding the failure of the essential purpose of any limited remedy set forth herein. This limitation of liability will apply to the fullest extent permitted under applicable law.

14. TERMINATION

14.1 You agree that ATHAR, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Platform, or any part thereof, for any reason or no reason, including, without limitation, if it believes that you have breached these Terms in any way.

14.2 You agree that any deactivation or termination of your access to the Platform may be effected without prior notice to you and that ATHAR shall not be liable to you nor any third-party for any termination of your User Account or access to the Platform or the Content or any Services.

14.3 You may cease using the Platform at any time. If you would like to formally cancel your User Account, please contact us in order to do so.

14.4 You acknowledge that ATHAR may cease operating the Platform at any time, and at its own discretion. You shall have no claim against ATHAR in the event that ATHAR decides to discontinue the operation of the Platform for any reason.

15. GENERAL TERMS

15.1 No partnership: You agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

15.2 Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.

15.3 No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.

15.4 Survival: The following sections shall survive the expiration or termination of these Terms: Sections 7, 8, 10, 11, 12, 13,14 and,15. The following sections shall su