Terms And Conditions Of Masheed Gate Website
The following is the text of the terms of use, policies, Privacy Policy, and additional terms (if applicable) on Masheed Gate Website.
And the conditions that we provide for you to enter and use the website, services, and applications, including our mobile application (collectively referred to as "Services"). These legal documents are included with reference to them in these Terms of Use.
Upon your access, registration, and/or continued use or access to the Services, you agree to be bound by these Terms of Use and the legal documents with immediate effect.
These Terms of Use and legal documents are subject to our modification at any time. Your continued use of the Website after the publication of any modification indicates your acceptance of these modified Terms of Use and legal documents.
AN OVERVIEW ON THE WEBSITE:
Masheed Gate is an e-commerce platform within the regional domain of the Kingdom of Saudi Arabia for the sale and marketing of building materials and tools, as well as allowing commercial users to display and sell building materials, and it also allows companies and individuals to purchase a variety of building materials products.
We reserve the right to provide new Services and update or withdraw any Services, according to
our own discretion without any liability.
1. CONDITIONS FOR REGISTRATION:
1. For purchasers:
1) To be over the legal age of eighteen to be able to purchase products according to the laws of the Kingdom of Saudi Arabia.
2) To be able to provide an address in the Kingdom of Saudi Arabia to receive the products.
2. For vendors:
1) To have an establishment or a commercial company registered in accordance with the laws and regulations of the Kingdom of Saudi Arabia.
2) To have a valid commercial license.
3) To provide proof of authorization of the individuals who register or use the Website.
4) To provide proof of identity of the authorized person.
5) To provide supporting bank statements.
6) To acknowledge and agree that you may be required to fulfill some additional requirements for some categories of products.
· To register on the Website, you need to provide some information. Your registration on the Website will not be accepted unless you provide us with the necessary information. We have the right to reject any registration without giving reasons. We also have the right to carry out the necessary checks to confirm your identity and registration requirements.
· Once you successfully complete the registration, your registration will remain subject to possible suspension or cancellation for an indefinite period in accordance with Clause VII of these Terms of Use.
2. YOUR OBLIGATIONS:
· When you use or access the Services, you agree to the following:
1. Your responsibility for maintaining privacy, restricting access to and use of your account and password, and assuming responsibility for all activities that take place in your account name and password.
2. Notify us immediately of any unauthorized use of your password or account, or any other breach of the Website's safe use standards.
3. Provide complete, true, accurate and current information about yourself and your use of the Services as specified by us.
4. Not to disclose to others (except as necessary or as specified by us) about the user information provided to you.
5. Cooperate with our requests for additional information regarding your eligibility and use of our Services.
· When you use or access the Services, you agree to only buy and sell building materials and tools and you will not do the following:
1. Post, list, or upload any inappropriate or prohibited content or materials on our Website in accordance with the systems, regulations, and the law, for example
(prohibited chemicals or materials that are defective, false, damaged, misleading, or stolen).
2. Violate or circumvent the law, breach any of the rights of others, our regulations, policies, or breach decisions related to your account status.
3. Use Services if you no longer meet the eligibility criteria, or if you are unable to enter into legally binding contracts, or your account has been suspended temporarily or for an indefinite period.
4. Not paying for the products you have purchased, unless there is a legal reason to support this in any of our Policies.
5. Not delivering to customers the products that you have sold (if this applies to you), unless there is a legal reason that supports your position and is mentioned in any of our Policies.
6. Use the contact information provided to you while making a deal via the Website to try to increase your sales outside the Website’s borders or across other websites.
7. Manipulate the price of any product.
8. Interfere with the buying or selling accounts of other users.
9. Take any action that would reduce Website assessment and rating systems.
10. Post false, inaccurate, misleading, deceptive, defamatory, or similar content.
11. Transfer your account to another party without our prior written consent.
12. Post unwanted messages or electronic correspondence or the like.
13. Spread viruses or any other technology that may harm our Services or the interests of other users or their property.
14. Violate laws relating to copyright, trademark, patent, ethics, advertising, database, and/or any Intellectual Property Rights (collectively referred to as “Intellectual
Property Rights”) relating to us or our licensee or any of the Intellectual Property Rights that relates to others.
15. Collect users' information without obtaining their consent.
16. Or circumvent any of the technical procedures that we follow to provide Services.
3. INTELLECTUAL PROPERTY RIGHTS:
· With the exception of rights expressly granted in accordance with these Terms of Use:
1. All content on the Website is our property or the property of our licensors, including but not limited to texts, graphics, logos, images, audio clips, digital downloads, and software. We (or our licensors, as the case requires) reserve all our rights, ownership, and interest in the Website and Services - for example, but not limited to - with all Intellectual Property Rights contained in these Terms of Use.
2. Also, all rights, properties, and interests of any of the information, materials, or other content that you provide through your use of Services such as your comments and interactions through our Website and included in these Terms of Use will become our property.
· You agree that you are not entitled to use our trademarks without prior written consent. The Intellectual Property Rights of the trademarks of the members of the Website and the trademarks of the products offered through them are the private property of their owners and may not be violated or used without the written permission of their owners.
· Members are obliged to be the owners or licensees to use the trademarks on the Website. All rights not expressly granted to you in these Terms of Use are reserved to us or our licensors.
4. GUARANTEES, UNDERTAKINGS AND ACKNOWLEDGMENTS:
· You guarantee, undertake, and acknowledge:
§ The full compliance with continuing to work in accordance with applicable laws, systems, and regulations, including but not limited to compliance with laws and regulations related to privacy laws and content regulation.
§ The full authority to contract in accordance with these Terms of Use, and your performance of your obligation under these Terms of Use is not inconsistent with:
1. Any of the governmental systems, laws, rules, regulations, or guidelines that you are subject to.
2. Any of the other agreements to which you are a party or which you must abide by.
· If you create an account or use it on behalf of a company, then you are authorized to act on behalf of that company and you guarantee its commitment to work with these Terms of Use.
· That you are the owner or authorized to grant the rights and licenses that you have granted us in accordance with these Terms of Use.
· That any content that you provide as part of your use of the Services and for any of the products that you include does not violate the rights of others anywhere around the world, including but not limited to any of the Intellectual Property Rights (whether registered or not).
· That the Services are provided to you "in its current condition" without guarantees, undertakings, or acknowledgments. We disclaim all of our responsibility for all warranties, undertakings, or acknowledgments in all their forms, whether explicit, implicit, or additional, including but not limited to all warranties, undertakings, or acknowledgments regarding the validity of the content for commercial purposes, its suitability for a specific or a general purpose, or its non-violation or breach of any rights or our Services are safe, free of defects, or will operate without any downtime, or will be provided in a timely manner or generally.
· Moreover, although we try to be as accurate as possible, we do not guarantee that the product specifications or any other content for any service are accurate, complete, reliable, current, or error-free. In addition - and based on your being a vendor- you agree that we are not responsible for examining or testing the lists of exhibits or the content of Services provided by us or by third parties and that we will not bear any responsibility for any errors or defects in any of the lists. As a vendor, you are responsible for reviewing the accuracy of the content included in your exhibit lists and you will not attempt to hold us or the content/brochure providers responsible for errors or inaccuracies.
· Masheed Gate guarantees are limited to direct sales from the Masheed Company as a vendor. Other vendors registered on the Website are obliged to guarantee their sales and products in accordance with the provisions of the sales guarantees. Also, the Masheed Gate Website is a mediation platform to gather the vendor and the purchaser. The Website and the Company that owns it or its affiliates do not guarantee the conclusion or implementation of the contract between the vendor and the purchaser.
5. LIABILITY AND INDEMNIFICATIONS:
· Nothing in these Terms of Use shall limit or excuse the liability of any of the parties for:
1. Fraud, including fraud, carried out by this party.
2. Death or personal injury as a result of this party's negligence.
3. Any of the other responsibilities that cannot be limited or exempted in accordance with applicable law.
· In all cases, we, our parent company, our subsidiaries, affiliates, our directors, their directors, officials, agents, employees, suppliers, subcontractors, or the licensors - whether based on a claim, a claim in the contract, damage, negligence, breach of a legal duty or breach of these Terms of Use - will not be held liable for any special case. Loss of profits, loss of data or information, business failure, any financial loss, or any special, indirect, or incidental damages even if we, subsidiaries, directors, officials, agents, employees, licensors, suppliers, or subcontractors have been notified of the possibility of such damages.
· To the extent permitted by applicable laws and regulations, we (including the parent company, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors, or licensors) will not be responsible, and you acknowledge that you will not hold us responsible for any damage or loss arising directly or indirectly from:
1. Content or other information that you provide when you use the Services.
2. Your use of the Services or your inability to use them.
3. Pricing, shipping, coordination or any of the instructions provided by us.
4. Delay or interruption in providing Services.
5. Viruses or other malicious software that are found by accessing the Services.
6. Errors in the Services, malfunctions, or inaccuracies in any way.
7. Content or actions or omissions from third-party users of our Services.
8. Suspension or any other actions we take related to your use of the Services.
9. The duration of your lists’ appearance in search results.
10. Your need to modify practices, content, or behavior, your loss or inability to do business as a result of changes to these Terms of Use.
· Our overall obligations are limited, including the obligation of the parent company, subsidiaries or affiliates, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors towards you, whether as a result of any lawsuit or claim in the contract or negligence or breach of any legal duty or otherwise is a result of or related to these Terms of Use, to be a maximum, the minimum value of:
1. The price the product was sold at on the Website and the original shipping rates.
2. The amount of the disputed fees provided that their value does not exceed the total value of the fees that were paid to us during the twelve (12) months period preceding the action that led to the liability.
· You agree to indemnify us and absolve us of our liability, including indemnification and liability for our parent company, its subsidiaries and its affiliates, directors, officials, agents, employees, suppliers, subcontractors, and licensees related to our company or the parent company and subsidiaries and affiliates from and against any losses, damages, and expenses (including legal fees and attorneys' fees) (“Claims”) that arise from:
1. Any claims or demands made by third parties as a result of your use of the Services.
2. Violation of any of the provisions contained in these Terms of Use, including but not limited to any of the warranties, undertakings, and acknowledgements.
3. Violation of any applicable laws, but not limited to data protection laws or anti-spam laws.
4. The way you use our Services, including but not limited to the content that you post, the products that you list, or your trademarks that violate any of the Intellectual Property Rights of others, or that your content is slurs, satire, slander, or violation of any other rights (including privacy rights) related to third parties (including other websites users).
6. SUSPENSION, TERMINATION OR CANCELLATION:
· Without prejudice to any of the rights or compensation or without any liability towards you, we have the right to limit, suspend or withdraw your ability to access or use the Services or cancel the order of any products and/or delete the content provided by you according to our own discretion. For the avoidance of doubt, any sums paid and received by us in connection with a canceled product order will be refunded.
7. REPORTING A VIOLATION OF THE TERMS OF USE:
· We are committed to ensuring that the products and content on the Website comply with these Terms of Use. If the contained content does not comply with these Terms of Use please let us know and we will investigate it.
8. ACCEPTANCE OF PURCHASE ORDER:
· Vendor: As specified on the Website, each product in the purchase order is sold either by us or by another vendor.
· Acceptance of the purchase order: The purchase order issued by you is accepted by us when we notify you of acceptance in writing (whether by e-mail or by a text message via mobile phone or by confirming the purchase order in your account on the Website), and if it is not possible for us to accept the purchase order issued by you, we will notify you of that in writing or through a phone call followed by written notification via e-mail or a text message on the mobile phone or by rejecting the purchase order in your account on the Website, and the value of the product will not be deducted from your account or refunded
on your account.
· Payment: Your issuance of a purchase order is an authorization from you to us or to any third party specialized in electronic payments to deduct the value of purchases from the balance of your credit or debit card, noting that we accept payment via:
1. A credit or debit card.
2. Bank transfers.
3. Or cash on delivery.
· We may add or cancel certain payment cards or payment methods that have been accepted by us at any time without any prior notice from our part:
§ Cancel the purchase order: You can cancel the purchase order immediately before shipping the product for any reason.
§ Cancellation of your order by us: We have the right to cancel your order when you:
1. Fail to pay the value of purchases when due.
2. Fail to provide us with the information required to deliver the products to you during the reasonable period of time that we determine for you.
3. Fail to allow us to deliver the products to you within a reasonable period of time or fail to receive them.
9. DELIVERING YOUR ORDER:
· Delivery cost: The cost of delivering the products will be according to the prices
mentioned on the Website.
· Delivery date: This information will be displayed to you on the Website.
· Delay in delivery:
1. If our delivery of the product is delayed for reasons beyond our control, we will contact you as soon as possible to inform you of this, and we will take steps to
reduce the consequences of the delay in delivery.
2. If you are unable to receive the product from us as agreed, or you are unable to reschedule the delivery of the product after it was not possible to deliver it to you at your address, we will contact you for further instructions. We will cancel your order in accordance with the terms of sale presented when we are unable to contact you or arrange for a new date for delivery or receipt despite our continuous efforts in this regard.
· Product ownership: The products become your own as soon as they reach you at the delivery address and you have paid for them in full.
· Issuing invoices: We will issue an electronic invoice for the value of your purchases and send it to your e-mail that you provide to us or the one available on your account on the Website.
10. GENERAL PROVISIONS:
· The applicable law: These Terms of Use and any related non-contractual rights or obligations must be subject to and interpreted by the laws and regulations applicable in the Kingdom of Saudi Arabia.
· Dispute Resolution: If you have any problems with our Services please contact us. We will work hard to solve the problem facing you as soon as possible. Any conflicts or disputes related to these Terms of Use, including any related non-contractual rights or duties, shall be settled by the courts of the Kingdom of Saudi Arabia.
· Third-party rights: The person who is not considered part of these Terms of Use does not have any right to implement any of its terms.
· The relationship of the parties: There is nothing in these Terms of Use that the parties or others can construe or interpret to explain the relationship between us as between partners or agents or create a joint project between the parties, but it is understood and clear that all the parties to the agreement are independent parties.
· Additional confirmations: The parties undertake the necessary actions or arrange to take the necessary actions and edit documents and other matters within their authority in order to enforce these Terms of Use and check their implementation, including but not limited to assisting each party to adhere to the applicable law.
· Waiver: These Terms of Use are obliged to ensure that the parties and their respective and officially authorized successors are benefited. You agree that you will not assign or transfer the Terms of Use or any of your rights or duties relating to these Terms of Use, whether directly or indirectly, without obtaining prior written consent from us.
· The entire agreement: These Terms of Use and the documents referred to or included in the Terms of Use represent the entire agreement between the parties regarding the subject matter of the agreement and override and obscure all previous agreements, negotiations, and acknowledgments, written or oral, related to the subject. With the exception of what is specified in the Terms of Use and the documents referred to or included in these Terms of Use, there are no conditions, acknowledgments, guarantees, undertakings, or agreements between the parties, whether direct, indirect, collective, explicit or implicit.
· Amendments: It is not permitted to make any amendment to these Terms of Use or to introduce any addition or to supplement it. We reserve the right to introduce any amendment, change, addition, or completion of these Terms of Use at any time or from time to time. We will publish the current version of the Terms of Use on the website, and they will be in effect when they are published on the Website or according to the date specified by us as the "Effective Date" (if any). Your continued use of the services in the event of any changes is considered to be an agreement on your part to be bound by the modified Terms of Use.
· Separability between the clauses: If any of the provisions of these Terms of Use are deemed repealed by any of the competent courts, or illegal or not in force, then this clause of these Terms of Use shall be canceled and the rest of the terms and conditions shall remain in force as long as the legal and economic substance of the deals that were concluded under its terms exist without any adverse effect on the parties.
· Force Majeure: No party shall be held responsible for the existence of loss, damage, delay, or non-fulfillment as a result of actions beyond the control of any of the parties (such as fate, destiny and actions issued by the legislative, judicial, or regulatory authorities of any government or judicial authorities, or the actions undertaken by any of the parties, our subcontractors or any third party supplier of goods or services to us, labor strike, complete power outages, or economic interruptions).
· Non-waiver: Waiver of any of the provisions contained in the Terms of Use is not considered a waiver of any of the other provisions (similar or non-similar), and any other waiver is not considered a continuous waiver of any of the provisions concerned, unless we expressly and in writing state this.
· Contact Information: You can contact us via e-mail, or through our social media, or live chat on the Website, or call our call center at 966920011534 within the Kingdom of Saudi Arabia.
· Continued enforcement: All provisions that are stated to remain in effect or that are in itself enforceable after the termination of the contract will remain in effect after the termination or suspension of your membership on the Website.
