BE U LOYALTY TERMS AND CONDITIONS

The following Terms apply to all Members of the Program and it is the responsibility of all Members to read and understand them in full. By using the Platform or utilizing the Program, you accept and agree to these Terms. If you do not agree to these Terms, please cease your use of this Platform and the Program immediately.

These Terms were last updated on 7 March 2024.

1. Definitions

The following definitions shall apply:

"App" is the “BE U” mobile application, available on the Apple App Store and Google Play Store;

"Benefits" are the amenities, offers and services provided to Members depending on the Points they have earned and the Tier they have achieved;

"Beside" means Beside Trading Co. Limited, a limited liability company incorporated under the laws of the Kingdom of Saudi Arabia, with commercial register number 4030156878 and its registered office at P.O. Box 18487, Jeddah 21415, KSA. the entity with ultimate responsibility for the Program,

"Be U Card" is the membership card digitally via the App issued by Beside to a Member;

"Group" means Beside any or any other company within the same group of companies;

"Intellectual Property" means patents, trademarks, copyrights, database rights, design rights, goodwill, trade secret and rights of confidence, and all rights or forms of protection of a similar nature or having equivalent or the similar effect to any of them which may subsist anywhere in the world, whether or not any of them are registered and including applications for registration of any of them;

"Member" is a person who is a valid member of the Program and "Membership" shall be construed accordingly;

"Participating Store" is an organization which: (a) allows Members to earn Points when they purchase its goods or services, and/or (b) allows Members to redeem Points in exchange for goods or services; the current list of which is available to see on the mobile application, under ‘Brands’.

"Platform" means any technological method of making the Program available to Members including the App;

"Points" are the reward points earned by Members using the Be U Card;

"Program" means Beside’s “BE U” customer reward and loyalty card program;

"Promotions" means certain non-Transaction related events that earn Members Points such as step counting, social linking and birthdays;

"Support Centre" means the Beside call centers, open from 12pm-7pm (KSA) Monday to Thursday and 3pm-10pm (KSA) Fridays and Saturdays (excluding bank holidays) on +966 (0) 11 5203732 in the Kingdom of Saudi Arabia and +971 (0) 4 5621010 in the United Arab Emirates.

"Tier" is the status level (currently White, Gold and Black) earned by using the Be U Card and which determines the level of Benefits available;

"Transaction" means a purchase by a Member at a Participating Store that qualifies for Points in accordance with these Terms; and

 

2. Member Benefits

2.1 Members of the Program will be entitled (subject to these Terms) to certain Benefits set out below based on their Tier status:

White Tier

  • Up to 5% Points Earning
  • 100 Birthday Bonus when transact once during birthday month
  • Access to our Pre-sales
  • Never Say No' Program
  • Complimentary Alterations

Gold Tier

  • Up to 5% Points Earning
  • 150 Birthday Bonus
  • Access to our Pre-sales
  • 'Never Say No' Program
  • Complimentary Alterations
  • Complimentary Home Delivery
  • Exclusive Be U Discount Days

Black Tier

  • Up to 10% Points Earning
  • 300 Birthday Bonus
  • Access to our Pre-sales
  • 'Never Say No' Program
  • Complimentary Alterations
  • Complimentary Home Delivery
  • Exclusive Be U Discount Days
  • Complimentary Alterations Delivery
  • Dedicated Personal Shopper
  • Gold Tier Gift

 

White Tier 100 Birthday bonus Points

Benefit Terms & Conditions: To enjoy this offer, Members must present the Be U Card or registered mobile number in any Participating Store when making a purchase during the month of their Birthday. Valid on one Transaction only, across all Participating Stores. There is no minimum spend required. Date of birth must be updated on the Member’s profile by the Member prior to earning the Points. Points will be credited and available for use three days post the purchase date. Points are valid for 24 months. Bonus Birthday Points will only be issued one per year per Member. 

 

Gold Tier 150 Birthday Bonus Points

Benefit Terms & Conditions: Date of birth must be updated on the Member’s profile by the Member prior to earning the Points. Points will be credited on the actual birth date of the Member and credited only once per calendar year and as long as the member is a Gold Tier Member. Points will be available for use immediately and are valid for 24 months.

 

Black Tier 300 Birthday Bonus Points

Benefit Terms & Conditions: Date of birth must be updated on the Member’s profile by the Member prior to earning the Points. Points will be credited on the actual birth date of the Member and credited only once per calendar year and as long as the Member is a Black Tier Member. Points will be available for use immediately and are valid for 24 months.

 

White Access to our Pre-sales

Benefit Terms & Conditions: Priority access of up to 24 hours at participating brands. The Program earning rules will apply to the discounted purchases.

 

Gold Access to our Pre-sales

Benefit Terms & Conditions: Priority access of up to 48 hours at participating brands. The Program earning rules will apply to the discounted purchases.

 

Black Access to our Pre-sales

Benefit Terms & Conditions: Priority access of up to 72 hours at participating brands. The Program earning rules will apply to the discounted purchases.

 

All Tiers ‘Never Say No’ program

Benefit Terms & Conditions: Where applicable, if the item is not available in the chosen Participating Store but available in another Participating Store within the same country, the Transaction will be processed and the item delivered within 2-5 working days. This service is applicable only if the Member’s delivery address is in the same country as the Participating Store. Members must confirm their contact number & complete address to use this service at the Participating Store. Incomplete information may result in a cancellation or delay. P.O. Boxes are not accepted. Be U is not responsible for damages incurred during the delivery service. If the Member is not available to receive the delivery after the third attempt, the items will be returned to the Participating Store. The Member will be informed via mobile call. The standard refund and exchange policy will apply and can only be processed by the Member physically returning the item to a Participating Store of the same brand.

 

All Tiers Complimentary alterations

Benefit Terms & Conditions: Applicable on shortening of trousers and skirts only bought at Participating Stores. Please check with the store team to confirm which items are applicable prior to purchase. Altered items are non-exchangeable and non-refundable. The average turn-around time is 2-3 working days for orders placed in Dubai. These times will differ for orders placed outside of Dubai based on delivery schedules.

 

Gold & Black Complimentary Home Delivery

Benefit Terms & Conditions: Members must provide their registered mobile number or Be U Card to avail this Benefit. This offer is valid on a minimum spend of AED 1000 (or equivalent currency in preferred country) in one Transaction, at Participating Stores. Home delivery may be requested in the Participating Store at the time of purchase. The items will be delivered within 2-5 working days in the same country as the Participating Store. Members must confirm their contact number & complete address to use the delivery service. Incomplete information may result in a cancellation or delay. P.O. Boxes are not accepted. Beside is not responsible for damages incurred during the delivery service. If the Member is not available to receive the delivery after the third attempt, the items will be returned to the Participating Store and the Member will be informed via mobile call.

 

Gold Exclusive Be U discount days

Benefit Terms & Conditions: Members must provide their registered mobile number or Be U Card to avail this Benefit. This offer is 10% off the total bill, excluding VAT and will take place for a maximum of 24 hours in all Participating Stores. This offer cannot be used in conjunction with any other offer. The Program earning rules will apply to the discounted purchases. The program will confirm when and where the discount days are applicable and inform Members in advance.

 

Black Exclusive Be U discount days

Benefit Terms & Conditions: Members must provide their registered mobile number or Be U Card to avail this Benefit. This offer is 15% off the total bill, excluding VAT and will take place for a maximum of 24 hours in all participating stores. This offer cannot be used in conjunction with any other offer. The Program earning rules will apply to the discounted purchases. The Program will confirm when and where the discount days are applicable and inform Members in advance.

 

Gold & Black 50% bonus Points Day

Benefit Terms & Conditions: Members must provide their registered mobile number or valid Be U Card to collect Bonus Points. The Member is able to choose one Transaction per calendar year to avail of the bonus Points as long as they are in the Gold Tier. The Member must inform the staff at the Participating Store that they wish to avail of this Benefit before they complete their Transaction. Once the Benefit has been used, it cannot be reversed. This Benefit excludes VAT. Points will be credited and available for use three days post the purchase date. Points are valid for 24 months. Bonus Points can only be availed once per Membership year.

 

Gold & Black Tier Welcome gift

Benefit Terms & Conditions: When a Member meets the minimum spend required for Gold or Black Tier membership, a complimentary welcome gift is offered. One gift is valid per Membership term. Member must go to the App and click on ‘Your Gift’. Member can choose one gift from the list offered and once chosen, the gift cannot be exchanged or refunded. It is the Member’s responsibility to choose a gift before the end of the Membership term and if not, the gift will be null and void and cannot be back-dated. If a Member has become Gold Tier and not chosen their gift before becoming Black Tier the Member can only choose the Black Tier gift.

 

Black Tier Complimentary alterations delivery

Benefit Terms & Conditions: Members must provide their registered mobile number or Be U Card to avail this Benefit. This offer is valid with no minimum spend required at Participating Stores. The item/s will be delivered within 2-5 working days from the time the item is returned from the tailor to the store, and as long as the Member’s delivery address is in the same country. Altered items are non-exchangeable and non-refundable. Members must confirm their contact number & complete address to use the delivery service. Incomplete information may result in a cancellation or delay. P.O. Boxes are not accepted. Beside is not responsible for damages incurred during the delivery service. If the Member is not available to receive the delivery after the third attempt, the items will be returned to the Participating Store and the Member will be informed via mobile call.

 

Black Tier Dedicated personal shopper

Benefit Terms & Conditions: Members must make an appointment in advance for the personal shopper service by emailing the details of their preferred date, time, Participating Store and staff member, if applicable, to Beside at [email protected] at least 5 days in advance. The service is subject to availability and the Member will be notified 24 hours in advance, confirming the appointment. Specific blackout periods may apply, for example Eid, Sale launch, etc. Complimentary beverages will be served at the discretion of the Participating Store.

 

Black Tier Gold gift

Benefit Terms & Conditions: A Black tier member can gift a Gold membership to a White tier member for 12 months.
One complimentary Gold membership per Black tier membership term.
The Black tier member must go to the app and click on ‘Redeem’ and then click on ‘My Gift’ to choose the White tier member who will be upgraded to Gold.
It is the Black tier member’s responsibility to gift the White tier member a Gold membership before the end of the Membership term and if not, the benefit will be null and void and cannot be back-dated.
A member who has been granted a complimentary Gold card is not entitled to a Gold welcome gift.
The complimentary Gold membership status is valid for a period of 12 months only starting from the date of the upgrade.
At the end of the 12-month period the new tier will be determined based on the spend over the previous 12 months and if a member fails to meet the spend criteria they will be downgraded accordingly.

 

All Tiers Step Counter

Offer Terms & Conditions: Members will earn 1 Point for every 10,000 steps recorded on the step counter per day (12.00am to midnight). Member follow the instructions on the step counter in the Be U App prior to being able to earn the Points. Maximum of 20 Points credited per month. In order to redeem Points earned through the Step counter, the member must make at least one valid Transaction in a Participating Store.

 

Points transfer

Points can be transferred from one member to another. The member can only make 2 transfers per year/membership term. A minimum number of 100 Points can be transferred and a maximum of 5000 Points per member in a calendar year. Transferred Points expire 2 years from the date of transfer.

 

2.2 To avail of the Benefits, Members must provide their registered mobile number or Be U Card, where applicable.

 

2.3 The Benefits are subject to availability and any additional terms and conditions either set out above or on the Platform. Beside reserves the right, at any time and in its sole discretion, to amend, cancel or replace any Benefit from time to time and Beside shall not be liable for any of the aforementioned or for the unavailability of the Platform or any Benefits from time to time, whether notified to the Member or not.

2.4 The Program has three Tiers: White, Gold and Black. All new Members are automatically enrolled in the Program as White Tier upon registration and shall be upgraded to the next Tier if they meet the following spend thresholds on the Be U Card in any rolling 12-month period:

Tier thresholds

Spend thresholds are calculated on the invoice value of the qualifying products and excludes any official costs, fees, charges, taxes (including but not limited to VAT) or similar. 

 

2.5 A Member is able to go straight to Black Tier from White Tier (i.e. skipping Gold Tier) if they meet the threshold amount in one Transaction as noted in the table above.

 

2.6 A Member’s Tier status is valid for a period of 12 months and will depend on Transactions at a Participating Store over a rolling 12-month period. If a Member meets the threshold spend in any given 12-month period they will be moved up to the next Tier and maintain that Tier for a 12-month period. 

 

2.7 At the end of each 12-month period the new tier will be determined based on the spend over the previous 12 months and if a member fails to meet the spend criteria they will be downgraded accordingly.

 

3. Earning Points

3.1 Members will earn Points from (i) Transactions and (ii) certain Promotions. For all Transactions, Members must present their Be U Card or registered mobile number at the Participating Store along with the relevant products at the point of sale. Points will be normally be credited to the Member’s account 3 days after the relevant Transaction. If the Member has not received his/her Points within this timeframe, the Member can contact the Support Center, for assistance and will need a copy of their valid invoice.

 

3.2 Should a Member want to claim Points retroactively for a Transaction they will need to provide a scanned copy of a valid receipt via email to [email protected], no later than 30 days of the Transaction. Such retroactive claims are however restricted to a single Transaction, per Member, per month and can take up to 30 days to show in the Members account.

 

3.3 The number of Points a Member will earn on Transactions depends on a number of factors including (i) the relevant country (ii) the Members then current Tier status (iii) the type of purchase (for example whether it is a full price or discounted/sale items) and (iv) any special Points promotions which Participating Stores may run from time to time (which may be subject to additional terms and conditions available at the time of the promotion).

 

3.4 The current earning ratio is as follows:

Earning Ratio

 

3.5 The above earning ratio is subject to amendment by Beside from time to time as shall be notified to all Members by way of updating these Terms. Any update will take effect from the date of updating the Terms and shall not affect previous Points earned on previous Transactions.

 

3.6 The spend values above are calculated on the invoice value of the qualifying products and excludes any official costs, fees, charges, taxes (including but not limited to VAT) or similar. In addition, no Points will be earned on either (i) the purchases of any services or vouchers (ii) purchases made using Points redemption, store credit, vouchers or similar methods (iii) any other products or services not expressly notified as available for qualifying points at the Participating Stores or (iv) purchases made prior to the launch of this Program or the relevant individual becoming a Member or the relevant store becoming at Participating Store.

 

3.7 Members will earn Points based on spend in their local currency, as selected at the time of registration as a Member. When purchasing from Participating Stores in other currencies, Members can still earn Points in their local currency and the earning ratio will be calculated according to an exchange rate that is determined by Beside from time to time in its sole discretion.

 

3.8 We reserve the right to set or amend any minimum spends per Transaction to qualify for Points.

 

4. Redeeming Points

4.1 Prior to redeeming Points Members must have (i) downloaded the App and (ii) made at least one Transaction (i.e. they cannot rely solely on Points earned from Promotions).

 

4.2 If Members wish to spend Points at a Participating Stores in the county of their registration they will need to (i) present their Be U Card on the App (ii) notify the Participating Store that they wish to redeem Points to purchase the relevant products and whether they wish to use a combination of Points and cash for the purchase.

 

4.3 When spending Points within a Participating Store, the Points will have the following values in the following countries:

Point Value

 

4.4 The Participating Store will check the Member’s Membership details and whether there is a sufficient number of Points available for redemption.

 

4.5 Once the purchase has been completed, (i) the Participating Store will issue a receipt and the value of Points redeemed shall be deducted from the invoice value as a discount (ii) the relevant number of Points will be deducted from the Members account (iii) the Member will receive an SMS to their registered mobile number confirming the redemption of Points.

 

4.6 If a purchase made with Points is refunded for any reason, the Points will be added back into the Members account. If the Member paid with part Points and part cash then the Member will be refunded the appropriate Points back into their account and the refund of the cash part will follow the normal Participating Store policy for the refund of items.

 

4.7 If a Members Points are due to expire at the time of refund, the Points will not be added back into the Members account and the Points will follow the Point expiry terms and conditions.

 

4.8 The above Points value is subject to amendment by Beside from time to time as shall be notified to all Members by way of updating these Terms.

 

4.9 Members can also redeem Points for partner vouchers via the ‘Redeem’ section on the App. The value of points for partner redemptions are different and subject to change at the discretion of Beside. Partner redemption vouchers are powered by MyList and distributed by MyList, for any issues concerning partner vouchers, please contact the Support Centre or MyList directly at [email protected] / +971 (0)4 242 4378.

 

4.10 Points must be spent by the Members within 2 years from the date they were credited to the Member’s account, otherwise they will automatically expire and be removed from the Member’s account. Points expiry dates can be checked on the Platform and it is recommended that each Member checks their Points balance and expiry dates on a regular basis.

 

4.11 Points earned through the Program have no cash value and cannot be exchanged for cash or credit at any Participating Outlet, Beside nor with any of Beside’s partners.

 

5. Application for Membership

5.1 Application for Membership must be made via the Platform.

 

5.2 An initial application can be made at one of the Participating Stores at the time of making a Transaction by providing a mobile number. Beside will then send a message to validate the mobile number and the individual will be provided with a link to complete the application in full via the Platform. The individual will have 4 days from the Transaction to complete the application for Membership via the Platform otherwise the potential Points for that Transaction will expire.

 

5.3 All information required for Membership (including mandatory information such as Members name, email address, and mobile number in the country in which they are registering and optional information such as date of birth and preferred language (English or Arabic)), must be supplied accurately and in full. Beside may reject any application if the required information is not supplied accurately and in full and/or the Member may not be entitled to the full Benefits (e.g. if the date of birth is not provided the Member will not be entitled to receive any Tier Benefits). Any personal information a Member provides to Beside when applying for Membership or using the Platform shall be used in accordance with the Privacy Policy.

 

5.4 If Beside accepts an individual’s application for Membership a confirmation one-time password will be provided to the Member at the time of mobile phone validation. Once the pin has been entered into the registered mobile phone, the Member will be able to view the Be U Card in the App.

 

5.5 The Be U Card is not transferable and may only be used by the individual Member who applied for it. The Be U Card can only be used by the Member for his/her own Transactions and redemption of Points and, without limitation, not by the Member’s relatives, friends or acquaintances for their purchases or redemptions.

 

5.6 Each issued Be U Card has an exclusive Membership number and a Member of the Program can only be issued with one Be U Card at any given time (with the email address and/or mobile number being used as the unique identifier).

 

5.7 Membership is available only to individuals over the age of 16 and not to companies, partnerships, associations, groups or other entities. Beside may refuse Membership without being required to give a reason for doing so.

 

5.8 Employees of the Group are not eligible to join the Program (or enter into any promotions or draws relating to the Program) and any Be U Card issued to such an individual shall be void. In addition, relatives of any such employees may not present a Be U Card when making use of any Beside friends and family or employee discount (to the extent applicable).

 

6. General

 

6.1 The Be U Card is issued by, and remains the sole property of, Beside and Beside retains all Intellectual Property in the Be U Card, the Platform and Program. All information, documents, images and other materials provided on the Platform (as well as the organization and layout of the Platform) together with the underlying software code are owned either directly by Beside or by its licensors. Without Beside’s prior written permission, a Member may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material (whether in hardcopy, electronic or any other form) on this Platform or the underlying software code whether in whole or in part. However, the contents of this Platform may be downloaded, printed or copied for a Member’s personal non-commercial use. Any unauthorized use of this Platform may result in a violation of copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes. Nothing in this Platform should be construed to be a grant of a licence, ownership or any other proprietary right in this Platform, its contents or the underlying software code. All rights not expressly granted in these Terms are reserved.

 

6.2 Membership of the Program, Points, and Benefits are offered at the sole discretion of Beside. Beside reserves the right to decline to issue or withdraw the Be U Card or suspend Membership at any time, or to terminate the validity of the Be U Card, together with the Benefits or other benefits attached thereto, at any time. If Beside believe that there has been a breach of these Terms, it reserves the right, without limitation, to refuse to award Points, to withdraw Points already awarded or to suspend or close the Member’s account. The withholding, suspension or termination of Membership may result in the loss of all Points accumulated at the time of such withdrawal, suspension or termination.

 

6.3 The Program shall continue until such time as Beside decides (in its sole discretion) to terminate the Program. Beside will use all reasonable endeavors to provide all Members with advance notification of the termination of the Program via the Platform. Any Member may terminate Membership by submitting an email to [email protected] or calling the Support Centre. Beside reserves the right to terminate a Members Membership immediately upon notice in the event that (i) Beside believes that the Member has breached these Terms or any applicable laws (ii) the Member has committed any fraud or misused the Program or Benefits in any way (iii) the Member has not earned or redeemed any Points in the last 24 months or (iv) the Member has deceased. Membership will be terminated immediately upon issuance of such notice. Upon termination of the Program and/or Membership, any remaining unredeemed Points will be lost.

 

6.4 Beside reserves the right to amend, update or change any aspect of the Program, including the Terms, at any time without advising Members. It is the responsibility of each Member to remain aware of any such amendments, updates or changes. Beside will always publish the latest Terms on the Platform. The Member’s continued use of the Platform following such change shall signify the Member’s consent to the revised Terms. If the Member does not agree to any change to the Terms, he/she should immediately stop using the Platform and the Program and delete the App from their mobile phone.

 

6.5 Beside reserves the right to add, remove or replace Participating Stores from/to the Program from time to time and exclude certain products or services from the eligibility for earning or redeeming Points. Beside accepts no responsibility or liability for the withdrawal of any Participating Stores or products or services from the Program, even though such a withdrawal may affect the Benefits available to Members.

 

6.6 Beside will endeavor to advise Members of matters of interest, including notifying them of changes to the Program, promotions and other offers. However, Beside accepts no liability for requests or correspondence lost or delayed via electronic mail. Without prejudice to the foregoing, Beside is not liable for and reserves the right to correct any errors in pricing, typing or description relating to any aspect of the Program.

 

6.7 The sale, transfer or barter of any Points, Benefits, Tier levels, Program offers or other Program benefits is strictly prohibited.

 

6.8 Any information (e.g. with important information relating to the Terms, Points balances and other information relating to the Program) will be communicated to Members via the email address or mobile number given during the registration. All Members are responsible for notifying Beside of any changes to their contact details via the Platform or via the Support Centre. If a Member doesn’t wish to receive marketing material from Beside, it shall have the rights to request such in accordance with the terms of the Privacy Policy.

 

6.9 When a Member telephones the Support Centre, for security reasons the Beside representative may request personal information in order to verify the Member’s identity. The Support Centre will only deal with the person authorized to operate the Member's account. 

 

6.10 Points, Benefits, Tier levels or other Program benefits may be subject to tax liability (including but not limited to value added tax). Members are responsible for any such tax liability they incur in relation to the receipt or use of Points, Benefits, Tier levels or other Program benefits.

 

6.11 The Member agrees to indemnify and keep Beside, the Group and its affiliates, including their employees, officers, directors, agents, suppliers and licensors indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including without limitation direct losses, consequential losses, loss of profit and loss of reputation, and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with the Member’s use of the Platform, Membership or breach of these Terms. This indemnity shall survive expiry or termination of the Membership and/or these Terms for whatever reason.

 

6.12 The Platform, Program, Points, Benefits and goods and services offered to Members, is provided to the extent permissible by any applicable law without any warranties or guarantees, including implied warranties of satisfactory quality, non-infringement or fitness for a particular purpose and on an ‘as is’ and ‘as available basis’. Beside will not be responsible in the event that failure of the internet, acts of God, fire casualties, illness, injuries or other events beyond its control, prevent a Member from earning or redeeming Points or using any Benefit.

 

6.13 To the extent permissible by any applicable law, Beside excludes all liability and responsibility for itself, the Group and its affiliates, Participating Stores and agents for loss or damage (including but not limited to cancellation or delay or loss or misuse of a Be U Card or registered mobile phone) of whatever nature (including but not limited to loss of profits or anticipated savings, wasted expenditure or attorney's fees) arising from or in connection with the Platform or a Member's participation in the Program, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission of Beside, the Group, its affiliates, Participating Stores or agents (whether negligent or not), except that nothing affects the liability of Beside, the Group, its affiliates, Participating Stores or agents for death or personal injury caused by their negligence or any other liability which may not be excluded or limited by law. Without prejudice to the foregoing, in no event will Beside be liable for any damages in excess of the earned Points value of the product/services in respect to which the claim arose.

 

6.14 Beside does not review, monitor or endorse any third party web sites linked to the Platform and is not responsible for the content of any web site linked to the Platform. A Member’s access to any web site that links to the Platform is at the Member’s sole risk. Beside is not responsible for the information, material, products, or services contained on or accessible through such other web sites and will not be liable for any form of loss or damage arising as a result of or in connection with a Member’s visits to such web sites. Any links to other web sites are provided merely for the convenience of the Members and the inclusion of these links does not imply an endorsement of the linked web sites or the content therein. In addition, each Member agrees not to link its web site or any other third party web site to the Platform or frame the Platform as part of any other web site without Beside’s express prior written consent. Beside reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone (or subsequently withdraw its consent) to link a web site to, or frame, the Platform.

 

6.15 If any provision of these Terms is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and not affect the validity and enforceability of any other provisions.

 

6.16 Beside's failure to exercise or enforce any rights or provisions of the Terms will not constitute a waiver of such rights or provisions.

 

6.17 These Terms incorporate by reference Beside’s Privacy Policy and any other terms and conditions appearing on the Platform from time to time and represent the entire agreement between Beside and Members in relation to the Program and supersede any previous agreement between them.

 

6.18 Each Member acknowledges that it is not relying on any representation, warranty or other statement relating to the Program which is not set out in these Terms. Members shall not be entitled to any remedies in respect of any representation, warranty or other statement (other than those set out in these Terms) being false, inaccurate or incomplete unless it was made fraudulently.

 

6.19 These Terms are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

 

6.20 These Terms are governed by the laws of the Kingdom of Saudi Arabia. In the event of any dispute, Members agree to submit to the exclusive jurisdiction of the courts of Riyadh, Kingdom of Saudi Arabia.