Terms and Conditions

Last Updated: January 6, 2021

Introduction

Welcome to the “Wain” Platform.

Technical Transformation Est. for Marketing in the Kingdom of Saudi Arabia offers the “Wain” platform that works as a marketing platform to help shops offer their products to consumers through the platform, where each vendor can create an account and a store through “Wain” to offer its products and present its information through it. The platform allows customers to see products of the vendors, obtain their information and communicate directly with them. We provide services of the platform according to the following terms and conditions: 

Section 1: Definitions

Section 2: Our Services

Section 3: Legal Scope of Our Services

Section 4: Legal Nature of Agreement

Section 5: Consent and Capacity

Section 6: Registration of Membership of Vendors

Section 7: Electronic Signature

Section 8: Vendor’s Terms and Conditions

Section 9: Customer’s Terms and Conditions

Section 10: Terms and Conditions of Advertisements

Section 11: List of Prohibited Products

Section 12: Product Marketing Policy

Section 13: Sale Transactions

Section 14: Bilateral Contract

Section 15: Content Policy

Section 16: Products Review Policy

Section 17: Copyrights

Section 18: Trademarks

Section 19: Acceptable Use Policy (AUP)

Section 20: Telecommunications

Section 21: Assignment of Rights and Obligations

Section 22: Legal Liability

Section 23: Disclaimer of Liability

Section 24: Compensations

Section 25: Modifications

Section 26: Cancellation of The Agreement

Section 27: Notices

Section 28: Applicable Law and Competent Courts

Section 29: Language

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Section 1: Definitions

In this agreement unless otherwise
required by the context, the following terms shall have the meanings referred to.

“Wain”, The “Platform”, “We”, “First Person Pronoun” or “Possessive Pronoun” refers to the website: “https://Wain.sa” and the application “Wain” as well as Technical Transformation Est. for Marketing in Kingdom of Saudi Arabia.

“User”, “You” or “Your” refers to the person visiting, using, registering membership in the platform, offers products for sale through the platform, communicates with the vendors about the advertisements and products offered or anyone who uses the platform in any way.

“Vendor” or “Retail” refers to each entity registering in the platform and offering their products for sale via the platform.

“Customer” refers to each person or entity that communicates directly with the vendor about the products and advertisements available through the platform for the purposes of purchasing or enquiring about products.

“Store” refers to the store that the vendor creates through the platform to offer its own products for sale through it.

“Products” refers to products of the vendors that are offered for sale or advertised through the store, which include electrical materials and plumbing.

“Content” refers to the content of the platform which includes among other things (photos, texts, movies, information, data, prices, lists of products, description of the services, products, advertisements, all icons, symbols, letters and figures).

“Contract” refers to the contract between the platform on one hand and the vendor on other hand, which contains special provisions complementary to the provisions of this Agreement.

“Agreement” refers to the conditions, terms, privacy policy, all pages of the platform, descriptions of services, all information, the content of services, all instructions and the special agreements made between the platform on one hand and any of the platform users on the other hand as well as the contracts connected with the terms and conditions.

Section 2: Our Services

(1) “Wain” is an electronic platform that helps vendors offer their products to customers online, where each vendor will
be able to create its own account and store to offer its products, shop address on the map, contact details and other information such as working hours.

(2) The platform targets the following
categories:

·Shopkeepers “vendors”, who must register on the platform.

·Consumers “customers” seeking certain products for purchase, and are not required to register on the platform.

(3) The store currently allows registration for vendors specializing in the sale of electrical and sanitary materials “plumbing” products, and the platform targets customers wishing to obtain those products.

(4) The platform services are provided to customers for free, whether in regard of using the platform or registering for membership on it. while the platform services are provided to vendors for an annual subscription paid for every store to offer products, in accordance with the terms of the contract.

Section 3: Legal Scope of Our Services

(1) The platform does not provide any buying or selling services and Wain platform is not the owner of any product offered through the stores as they all belong to vendors, vendors are considered as legally responsible for their products. Also, the platform is not considered as a buyer since it does not order any of the products for itself, but the customer purchases directly from the vendor.

(2) The platform “Wain” works as an intermediate online platform that allows the communications among the customers and vendors and our role doesn’t exceed that. We don’t have a supervisory or monitoring authority over the vendors. We don’t represent the customers and we aren’t agents of customers. Moreover, the provisions of labor, agency, sponsorship laws and other legal provisions connected with the legal liability for the acts of servants or third parties shall not apply to us. You expressly agree on the nature of our work and role and you deal via the platform out of these terms.

(3) “Wain” platform is not a product provider via the platform. The platform is not an information content provider and is not treated as a publisher of any content posted through the platform or through any online communication feature.

(4) All content available through the platform is intended for informational and advertising purposes only, in order to provide our services, and we do not make guarantees when relying on them in any way.

(5) You know of and agree on the exemption of the platform “Wain” from any liability arising from the acts of third parties. Whether he/she is a user, vendor or customer etc.

Section 4: Legal Nature of Agreement

(1) This agreement shall be deemed to be the entire and final agreement between the platform “Wain” on one hand and any person visiting or using the platform or any of its features or advantages on the other hand. This agreement shall be deemed to be a valid contract satisfying the legal conditions and elements and shall be enforceable against
all said parties. Its provisions and obligations shall be binding on all of them and neither party may derogate from it or terminate it since it has resulted in its legal effects. This electronic document replaces the written contracts and arranges the same legal effects as those written documents and contracts.

(2) All users of the platform “Wain”
declare that this agreement forms the entire agreement among them. They declare that they didn’t rely on any emphasis whether oral or written for accepting this agreement other than the provisions stated herein.

(3) The user knows and agrees that the description of the services and the subsequent pages of the platform prepared
by the platform “Wain” shall form an integral part of this agreement.

(4) The platform provides a privacy policy for our services, and the user’s using of  the platform means that he/she
accessed on this policy and acknowledges that it is an integral part of this agreement
.

(5) The amendments of this agreement shall have the same legal provision and effect of this agreement. These amendments include all terms and conditions, privacy policy, policies of providing services and all services available through the platform.

(6) The provisions of this agreement shall not violate any other rights of the customer that may not be agreed to
contravene and applied vis a vis the vendors under the provisions of the law of E-Commerce and its executive regulations.

(7) Written or
electronic contracts signed between the platform and any of the users of the platform are complementary to the provisions of this agreement, and in case it conflicts with the provisions of the Agreement, the terms of the contract  will be implemented as a special agreement between the two  parties.

(8) The vendor must clearly declare its own policies (shipping policy, return policy) to be  implemented in  its relation with the customer and the customer  must see these policies  and if he/she order the product or  the service, he/she  should agree to them, in this case, these policies shall take effect and all corresponding policies in this agreement
shall be excluded.

Section 5: Consent and Capacity

You declare that you have the legal capacity necessary for concluding and accepting this agreement and that you have the full unrestricted legal authorities according to the following conditions:

(1) It is stipulated for the user of “Wain” that he/she is at least 18 years old. It is stipulated for the user of “Wain” that he/she has the legal capacity necessary for concluding contracts and we shall not be responsible for ascertaining the capacity of any of the users of the site.

(2) If you are under 18, you may use the “Wain” services only with involvement of a parent or guardian. Without prejudice to any other rights and remedies of “Wain” under this User Agreement or at law, “Wain” reserves the right to limit or withdraw access to the platform or the membership of any person if “Wain”  believes that person is under the age of 18 years.

(3) If you register as an entity or business, such as institutions, companies and traders, you must provide us with documents that prove the legal existence of this entity, and that the licenses are valid at the time of submission and ensure that they are valid for the duration of your entry with us in this Agreement, and the legal representative of this commercial entity must enter with us in this agreement. Also he/she must acknowledge that the entity he/she represents shall be subject to the provisions of this agreement and the provisions of the laws relating to trading and e-commerce, as well as your commitment to the agreements and regulations of the Ministry of Commerce in Saudi Arabia.

(4) With your use of the services of “Wain” you agree on this agreement and you declare that you are legally bound by the terms and conditions provided for in this document or its amendments.

Section 6: Registration of Membership of Vendors

(1) The vendor shall register in its trade name (Name of Company, Name of Institution) and shall be bound not to use any alias or untrue names and its account in the platform shall express its business identity.

(2) The vendor must provide us with the following data:

·Personal data (Full Name, E-mail, Phone Number).

·Vendor’s information (Name of store, Store Phone No., Store Logo, Store Banner, State, region, city, zip code, address on map).

(3) The account’s picture must be legal and legitimate and does not violate any of the rights of others, and the name of membership or account picture must not include the word “Wain” so that some people do not believe that this membership represents the platform in any way.

(4) Membership of the vendor shall be registered once it is admitted by the administration of the store after reviewing all the data and documents provided by the vendor.

(5) The vendor undertakes that it is responsible for maintaining the confidentiality of the information in its account such as the username and password and that it is responsible for any disclosure to third parties in relation to this information. Also, it is responsible for any use done by any person to whom it disclosed this confidential information.

(6) The vendor undertakes to report immediately in case the account is hacked or in case account information are stolen as well as discovering any illegal use of the account in the platform, in order for us to be able to take the technical actions necessary for maintaining the account.

(7) You may not use another person’s account at any time without having an express consent from “Wain”. It is prohibited to register more than one membership on the platform for one user, and in case we find out, we will cancel all those accounts.

(8) We reserve the right to cancel the account that hasn’t been confirmed yet or are inactive for a long time.

(9) The platform reserves the right to suspend or cancel any membership that violates any item or paragraph stipulated in the platform’s terms and conditions, privacy policy or any instructions issued to the user by the administration of the platform, his/her infringement on the administration of the platform, the employees of the platform, any of the platform’s users, members, visitors or others during his/her use of the platform.

Section 7: Electronic Signature

We make our services available electronically, and communication with all users is done electronically through the platform, so the approval of this agreement must be done electronically. The user acknowledges that by registering for an account on the platform, by clicking to accept the conditions of the service when required to do so on the platform, by communicating with one of the users, or by using the platform in any way is considered to have implemented this agreement and other conditions of the service electronically, and the agreement is considered to be legally effective against him/her from the date of registration of account, from the date of the click to accept the conditions of the service or from the date of use of the platform, this serves as an “electronic signature” by the user that replaces his/her handwritten signature on this agreement, and produces all the legal effects of the handwritten signature.

Section 8: Vendor’s Terms and Conditions

(1) The vendor warrants that it is conducting business according to the applicable laws and systems and that it has got all the licenses and permits necessary for the exercise of E-business and the entry with the customer into sale agreement and the vendor undertakes to keep all the documents referring thereto.

(2) The vendor warrants that it owns all the legal rights and authorities for offering the products and also it warrants
that it has got all the permits necessary for selling the product. In addition, the vendor warrants that there are no restrictions on the customer for getting the products or disposing of them in any form to third parties.

(3) The vendor shall be bound to check the “list of prohibited products” before displaying products through the platform, and it is prohibited to display any products described in this list which violate any applicable laws or violate any of the provisions of this Agreement.

(4) The vendor warrants that all the information, images and the files of the products provided by the vendor are true, precise, and legal and that they express the products of the vendor and have the right to sell them. Also, the vendor warrants not to publish any false or misleading information about its products and that the display of products has a commercial legality. All the quality and the safety standards applicable in Saudi Arabia should be applied to vendors’
products.

(5) The vendor warrants that there is no right of third parties connected with the products offered for sale via the platform and that they are delivered to the customer free from any financial encumbrances and not connected with any personal or real rights.

(6) The vendor undertakes to deliver the products to the customer at the time of delivery agreed between the vendor and the customer, in accordance with the specifications announced on the advertisement page.

(7) The vendor warrants that it does its best to obtain the warranties from the companies that manufacture the products if any and it assigns according to sale agreement  the warranties to the customer within the permitted extent. The vendor warrants that the products are free from apparent and latent defects.

(8) The vendor is obliged to register the products correctly and accurately, and it is obliged to provide all the products registered through the platform in the same specifications announced, as well as to update the status of the inventory of the pieces available with from each product registered in the platform.

(9) The vendor is obliged not to disclose any confidential information without an explicit and written consent from the
platform.

(10) If the vendor violates any of the terms and conditions of this policy or any of the terms and conditions of this
Agreement, it shall incur all the compensations to face us and to face the affected customer, and we may suspend or cancel its membership.

(11) In all cases, the vendor complies with all applicable laws, which include the E-Commerce law and its executive
regulations, all civil and commercial transaction laws, electronic crime laws, consumer protection laws, anti-corruption, bribery laws, exports, imports, tax and customs laws and other laws.

(12) The vendor alone shall be liable for the illegality of the products it offers for sale via the platform and it alone shall incur all the legal liability in case of the breach by these products of the terms of this policy or the provisions of the laws in force.

(13) The vendor alone shall incur the liability for any damages arising from the use of the products without any liability
of the platform. The vendor alone shall incur liability for the invalidity of the products for use or their unfitness for performing the functions advertised.

Section 9: Customer’s Terms and Conditions

(1) “Wain” platform allows the customer to browse the website without having to register a membership, and in case the customer wishes to register a membership on the website, he/she must identify during the registration of the membership that he/she is a “customer”. And in all cases the terms and conditions contained in this agreement apply.

(2) The customer may be able to make purchases of products through vendors. Where these products are provided by vendors, you acknowledge that you are purchasing those products under the terms and conditions set by those vendors.

(3) Content provided on this platform is solely for informational purposes. Product representations expressed on this
platform are those of the vendor. Comments or opinions expressed on this platform are those of the individual posting such comments or opinions and may not reflect our opinions.

(4) The customer shall be bound not to undervalue the commodity and not to interfere with the reviews available in connection with the advertisement as well as not typing any forbidden reviews or comments.

(5) The customer must be cautious and only meet the vendor’s representative in safe places and shall not share personal or banking data.

(6) You know and agree that the platform is dedicated for marketing products by vendors, and the platform has nothing to do with the processes of production, manufacturing, wholesale, retail, marketing or promotion of products, all of this are done on the vendor’s responsibility alone.

(7) You know and agree that the platform is not dedicated for buying and selling operations. And that all your purchase
orders must be made directly to the vendor outside the platform without interference or mediation by the platform. The platform’s role is limited to only making the vendors’ products and contact details available and you acknowledge that the platform does not guarantee the execution of any agreement between you and the vendor.

(8) In all cases, you exempt us from any legal liability arising from your communication with the vendor, the purchase
of products, the quality or illegality of the products, or lack of commitment by the vendor with any conditions agreed upon between both of you.

Section 10: Terms and Conditions of Advertisements

The site shall allow the vendor to publish the advertisements online through us and the publication process of advertisements shall be governed by the following conditions:

(1) The advertising material must be connected with a product only. The products offered for sale via the platform shall correspond to the definition of the products mentioned in Section One of the terms and conditions. The vendor shall be bound to add products from within the categories specified by Wain, and the platform has the right to delete any content that is inappropriate or not subject to the categories available through the platform. The user shall be prohibited from repeating the advertisement in the same group and he/she must use the option “update” instead of repeating the advertisement.

(2) The advertisements must be lawful and must comply with this agreement and the laws in force. Moreover, the advertisement must include the essential data of the item or product advertised. This data and the prices offered must be corresponding and the advertised product or item must be lawful, and its sale, circulation or possession is not prohibited. The products shall be legal and authorized to be sold according to the laws in force and the vendor shall get the licenses for selling them.

(3) The advertisement must not violate any of the rights of third parties such as intellectual property rights, privacy rights, commercial rights, trademarks and other rights. The vendor declares that it is fully entitled to publish the content via the site and this content doesn’t violate any of the rights of the third parties.

(4) The advertisement shall be shown according to the scales determined by the site. The vendor shall entitle us to display and exchange the content published by the vendor via the site. We shall be entitled at any time to put the name “Wain” on the content provided by you via the site.

(5) The site at any time shall be entitled to delete the content published by the vendor via the site in case we see that
this content violates the intellectual property rights, trademarks, the rights of privacy, trade rights or other intellectual property rights of third parties.

(6) The vendor shall bear all the legal liability in case it violates any personal property rights or intellectual property rights over any content published by it via the site.

(7) All the properties of the products shall be clarified on them as well as the method of using them, their validity, the
product name, country of production and the use risks. The products shall be in a good condition and valid for use as well as being not damaged, free from breaking or the apparent or latent defects.

(8) The products offered for sale via the platform shall correspond to the legal stipulations imposed by the consumer
protection laws.
The products must be new, and it is prohibited to offer of second-hand or damaged products through the platform. 

(9) The platform allows the vendors to make discounts in relation to their products after obtaining the consent of Ministry of Commerce.

(10) The vendor is obliged to put images of its products of high quality, and that this image shall be free of any logos, names, identification data or watermarks, and we are entitled to put the logo of “Wain” at any time, and all the images attached to the site are possessed by the site and the platform is entitled to benefit from them at any time.

Section 11: List of Prohibited Products

(1) It shall be prohibited to offer the imitated or stolen products.

(2) It shall be prohibited to offer the products which the vendor is not legally authorized to sell.

(3) It shall be prohibited to offer the products on which there are financial rights for third parties.

(4) It shall be prohibited to offer the alcoholic materials or drugs or the products which encourage gambling.

(5) It shall be prohibited to offer weapons or ammunitions

(6) It shall be prohibited to offer products whose possession constitutes a criminal offence.

(7) It shall be prohibited to offer medicines or pills of drugs for sale via the platform.

(8) It shall be prohibited to offer the products which violate the intellectual property rights or commercial rights of third parties.

(9) It shall be prohibited to offer the products which violate the rights of privacy of third parties.

Section 12: Product Marketing Policy

(1) After registering with the platform, “Wain” team will help vendors to create the account on the platform, photograph and insert their products on the website.

(2) It is not possible to purchase through Wain platform right now, since the platform does not provide any buying or
selling services, we only make the information of the vendor available that it adds on the platform such as (contact details, address) and we allow the customer the possibility to request for inquiring about the product. Also, the customer can communicate with the vendor directly.

(3) “Wain” platform allows the vendor to add products through the store assigned to the vendor, and the customer will
be able to add reviews and comments to the products and vendors, but the customer cannot add replies through the platform.

(4) The store which is assigned to the seller on Wain platform does not grant any exclusive rights. Therefore, more than one seller can offer the same product.

(5)The vendor shall be bound not to manipulate prices via the platform to harm other vendors.

(6) Wain platform has the right to delete any offers provided by vendors via the platform, without giving any reasons.

Section 13: Sale Transactions

(1) Both of the seller (vendor) and the customer deal directly without any interference, mediation or guarantees by the
platform.

(2) The vendor and customer agree that the products being sold, priced, shipped, warranted, refundable as well as their period of time and conditions are without any interference mediation or guarantee by the platform and the platform shall not be liable for quality or legality and safety of products and also it shall not be liable for the payments, financial transfers or any other issues connected with the process of sale and purchase.

(3) The customer shall not be entitled to claim any rights or compensations from the platform or to have recourse against us in case of the occurrence of a difference or dispute between the customer and the seller (vendor). Also, the vendor shall not be entitled to have recourse against us for any reason.

Section 14: Bilateral Contract

In case of an agreement between the vendor and the customer upon the purchase of any of the advertised products via the platform, there shall be a bilateral contract between the vendor and the customer and the platform shall not be a party to this contract and its parties shall agree upon all the conditions and warranties connected with them and our role shall be limited to making available the services and advertisements for products via the platform only. Consequently, the platform shall not provide any warranties in view of the performance by either party to the contract of his obligations.

Section 15: Content Policy

(1) The user declares that he/she is fully entitled to publish the content via the platform and this content doesn’t violate any of the rights of the third parties. The user is obliged not to publish any political, religious, inflammatory or offensive content of cultures, religions, peoples or nations, and he/she is also prohibited from publishing of any immoral content or content that violates the applicable laws.

(2) You agree not to send any messages characterized by being racial or containing cursing and defamation or bad names, porn pictures or those characterized in general by being decadent.

(3) The platform shall incur no liability in view of the publication of the content and we shall not be liable for the violation by the user of any of the rights of third parties and it shall be the user’s liability only.

(4) The platform shall incur no liability in view of the misuse of the content and it shall be the user’s liability who misuses the content and in this case the user shall be deemed to be liable to us for his use of the content contained in the platform.

(5) The users shall bear all the legal liability in case they violate any personal property rights or intellectual property rights over any content published by them via the platform.

(6) The platform at any time shall be entitled to delete the content published by the users via the platform in case we see that this content violates the intellectual property rights, trademarks, the rights of privacy, trade rights or other intellectual property rights of third parties.

(7) Copying and republishing of advertisements available through “Wain” platform is prohibited from being published on any other websites or applications.

Section 16: Products Review Policy

(1) It shall be prohibited to use illegal words or phrases during the review process.

(2) The comments must be true, legal and expressive of the service provided to the customer.

(3) It shall be prohibited to publish any advertisements or to promote goods or services through the service of review of our platform.

(4) It shall be prohibited to use logos, names of sites or other applications, famous or infamous trademarks during the review process.

(5) It shall be prohibited to make comparisons between our services and the services of our competitors in a way that harms us or competitors.

(6) It shall be prohibited to offend people, countries, cultures, society or any human, societal or religious values during
the review process.

(7) The platform shall be entitled not to publish the comments in case they are illegal or untrue from our point of view.

(8) The platform shall be entitled to delete any comments that have been published in case it breaches the preceding provisions, any terms and conditions, the sale agreement or the privacy policy.

(9) The platform shall reserve its legal right to resort to judiciary in case of making a wrong to us through the service of
comments.

(10) The third party to whom a wrong was made through the service of comments shall be entitled to resort to judiciary against the user who has added the illegal comments without having recourse against us.

Section 17: Copyrights

(1) The platform and ideas expressed within it shall be our intellectual property rights. Any imitation or plagiarism of the platform or some of its services (including ideas, texts, symbols and software) shall be deemed to be a violation of our copyrights for which we will take all the legal procedures against the perpetrator of the said violations.

(2) All the contents included or available within the “Wain” services such as (texts, logos, pictures, graphs, voice, recordings, icon buttons, digital contents, materials that are uploaded, software and collection of data) shall be the property of the platform and shall be protected by Kingdom of Saudi Arabia laws and the international copyrights
laws. 

(3) The collection of all data inserted in the service of “Wain” or making it available by any of our services shall be exclusively and privately owned by  “Wain” and protected under the Kingdom of Saudi Arabia laws of copyrights and the international ones and also shall be protected under the international conventions in force such as Bern Convention and TRIPS Agreement.

Section 18: Trademarks

(1) “Wain and logos connected with it shall be our trademarks and/or our services marks.

(2) Pictures, logos, headers of pages, icon buttons, texts and services names shall be trademarks and commercial designs of “Wain”.

(3) Reproduction of trademarks or commercial designs of “Wain” in any media or advertising means shall be prohibited without a written permission from us.

(4) Trademarks and commercial designs of “Wain” may not be used for contacting any product or service that doesn’t belong to us not to cause harm to the position and credibility of “Wain” or to cause harm to its customers.

Section 19: Acceptable Use Policy (AUP)

(1) The user declares that under this agreement he/she will not rely on any promises, guarantees or emphasis by or on behalf of “Wain” except what is provided for in this agreement.

(2) The services of the platform are available in all parts of the world and you declare and agree that you are bound by all the terms and conditions provided for in this agreement regardless of the state to which you belong or through which you enter into the platform or on whose territory the services of the platform are received.

(3) Through being bound by the conditions of use or any conditions of the service and through paying any applied fees, the platform grants you a limited and non-exclusive license that is non-assignable and may not be subleased to have access to the non-commercial use of the “Wain” services.

(4) This license does not involve the reselling or any commercial use of any of our services or their content. Also, it does not involve any copy of the information available about the account in the favor of third parties or the use of means of getting data as well as any use of the tools of collecting and eliciting the similar data.

(5) You are prohibited from collecting the customers’ data of Wain website or doing any work that damages the reputation of the Technical Transformation Est. for Marketing.

(6) You may not reproduce or make typical copy of this platform, copy, sell, resell any part of it or use it in a different way for purposes of commercial or non-commercial exploitation of it without having an express written consent by “Wain”.

(7) You may not use any descriptive marks or any other text which exploits the name “Wain” or its trademark without an express written consent by the platform.

(8) All the information you disclose must be real, updated, correct and express yourself and match with what is required in the registration form we have. The user undertakes to precisely enter the information required to be entered in the platform and he/she shall be responsible for regularly reviewing this information for the purpose of correcting, modifying or renewing it as long as he/she has new information regarding this and you are required to keep all the data and documents proving that.

(9) In case you have provided incorrect, unprecise, non-synchronized, or incomplete information or in case we have reasonable reasons to suspect that this information is incorrect, unprecise, non-synchronized, in complete or inconsistent with this agreement of use and without prejudice to any other rights under this agreement or the law, we will suspend or cancel your membership.

(10) You agree not to use “Wain” or any service provided via it in an illegal, deceitful or antisocial way as we determine. You declare that you will notify us in case of the existence of any publications, materials or transactions that seem to violate this agreement.

(11) You shall be liable for the lack of the serious and credible use of the platform. You may use our services in the form only legally permitted and according to the conditions of the agreement. You may not misuse our services in any of the forms. The user is bound to notify us in case of discovering any illegal use of the platform.

(12) The use of “Wain” might be coupled with making available services or content of other bodies that are not under our control. Consequently, you declare that other conditions, provisions and policies of privacy apply to your use of the services and content of the bodies not belonging to us.

(13) We shall be entitled at any time to put the name “Wain” on the content provided by you via the platform.

(14) All rights not expressly granted to you to these conditions of or any conditions of another service shall be reserved by “Wain”.

(15) The licenses granted by us shall terminate in case you do not comply with these conditions of use or any conditions of another service.

Section 20: Telecommunications

(1) You agree to receive communications from us and we will communicate with you via e-mail, mobile phone number or through the other services of “Wain”.

(2) You agree that all agreement, notices, disclosures and other communications done by us online satisfy all the legal
conditions as if they were written with all their legal effects.

(3) “Wain” requires your consent during the registration process to sending messages to your e-mail, mobile phone or via the platform for promotion purposes to inform you of any changes, new features or new activities added to
your platform.

(4) In case you decide at any time that you do not want to receive promotion messages, you can deactivate the receiving of these messages through correspondence with us. But in this case, we don’t ensure that you will enjoy our services fully.

Section 21: Assignment of Rights and Obligations

(1) “Wain” shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whoever does not perform his/her obligations under this agreement.

(2) You may not assign your obligations and rights under this agreement or authorize a third party to manage your account in the platform except after getting a written consent from us.

Section 22: Legal Liability

(1) You shall be bound by all the laws and regulations in force within the state in which you use the platform in relation to your use of the platform and shall incur all the liability arising from your breach of the laws and regulations also you shall be bound by all the terms and conditions provided for in this agreement.

(2) In case of the breach by the user of any of the conditions or provisions of this agreement, “Wain” shall be entitled to take an administrative action within the platform. This action might be the suspension of membership for a time period or a permanent ban on the user in breach. He/she shall not be entitled in this case to register in the platform once more except with an express consent of “Wain”.

(3) The penalties imposed by “Wain” on the parties to this agreement shall not affect adversely the right of each party to take all the legal procedures he/she considers appropriate according to his/her discretion without having recourse against us and without the liability of the platform.

(4) In case you violated this agreement, “Wain” shall reserve its right to recover any amounts due to us from you as well as any losses or damages caused by you and the platform shall be entitled to take the legal procedures or to resort to competent courts to file civil or criminal actions against you.

(5) “Wain” does not ensure to take actions against all the violations of this agreement. Not taking legal procedures in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any time we consider appropriate.

Section 23: Disclaimer of Liability

(1) The site shall be deemed to be an online platform through which the vendor can publish its advertisements and our role shall be limited to making available the platform from the technical side and the platform shall not interfere with the contents of the advertisements nor the provision of the services or products advertised. “Wain” shall not be deemed to be an information content provider. Also, it shall not be treated as a publisher of any content published via the platform or via any property available for communication via the platform.

(2) The site shall incur no liability in view of the publication of the content and we shall not be liable for the violation by the user of any of the rights of third parties and it shall be the user’s liability only. The site shall incur no liability in view of the misuse of the content and it shall be the user’s liability who misuses the content.

(3) You know of and agree on the exemption of “Wain” from any liability arising from the acts of Vendors, customers,
users or third parties.

(4) In all cases, the Vendor only shall incur all the consequences, compensation and the legal liability in case of the violation by the advertisement of any rights connected with third parties or its violation of the laws in force or the provisions of this agreement.

(5) The platform excludes from its warranties, clauses and conditions any financial losses that might be connected with the customer or any damages arising from the your misuse of products or the platform and the platform shall not incur any liability or claims in such cases.

(6) The platform might be unavailable from time to time due to the acts of repair, maintenance or development and you agree that the platform shall not be bound to provide the technical support at anytime.

(7) The platform doesn’t warrant that technical defects will be repaired or that the platform or its servers are free from viruses or anything else that is harmful or destructive and you know that the sites on the internet might be exposed to corrupt data or its unavailability or the delay of its appearance and you accept that.

(8) You expressly agree that you are personally liable for the use by you of “Wain”. We provide our services “as they are available” without any promises or guarantees of any kind whether explicit or implied through the use of this platform, it’s content or services provided by it.

(9) You declare that “Wain” is an internet – based service and in spite of exerting our best to keep information safe, we
can’t guarantee that information received or transmitted by the user while using the platform is safe at all times.

(10) “Wain” does not provide any guarantee and shall not incur any liability in relation to the modernity, commonness, precision and quality of information received by the user via the platform.

(11) The liability of using or depending on the information that is received or reached by the user through “Wain” services shall completely lie on this user.

(12) “Wain” does not provide any guarantees that this platform, its servers, or the messages are free from viruses or other harmful components.

(13) “Wain” cannot assure that each user of the platform is actually the person he/she claims to be.

(14) The platform shall not be liable in all cases for any direct, indirect or dependent losses, loss of profits or damage to reputation whatsoever as a result of disclosing your username and/or password.

(15) “Wain” shall not be legally liable for losses or damages whatsoever that might arise from using this platform including but limited to the direct and indirect damages.

(16) We might at anytime modify, suspend or interrupt “Wain” services without sending a notification to you thereof. Also, we might suspend your use of our services in case you violate these conditions and terms or in case you have misused these services from our point of view.

(17) Without prejudice to its other rights, “Wain” shall be entitled to suspend or cancel your membership or your access
to the platform at any time without notice and for any reason and to cancel this agreement.

(18) “Wain” platform relieves its legal liability for all fraud or scam that falls on the Customer, and the platform will not be responsible in any way, whether original, subsidiary or joint liability.

(19) The platform relieves its legal liability for any financial transactions carried out between the parties, whether they are vendors, buyers or drivers, and any financial transactions that take place outside the platform or agreed upon  inside the platform are beyond our control and must be adequately secured by the parties.

Section 24: Compensations

(1) In case the electronic system is out of action in the platform, “Wain” shall compensate the subscribers with us (Vendors) for each day out of action with additional one day of subscription to the package chosen by the vendor. Thus, the compensation shall be in kind 100% of each period of interrupted service.

(2) You agree to compensate “Wain” and to acquit its liability as well as defending it against all the actions and claims brought or claimed by third parties as a result of your use of platform or due to the violation of these conditions and terms or the breach of the rights of the other users.

(3) The platform excludes from its warranties, clauses and conditions any financial losses that might be connected with the customer or the distorted reputation or any damages arising from the your misuse of products or the platform and the platform shall not incur any liability or claims in such cases.

(4) “Wain”, its officials and employees shall not be legally liable to you or to another party for any direct or indirect loss or any other cost that might arise from, in connection with the performance of this agreement or the provisions of our services.

(5) The user has to protect “Wain” and its employees, defend them and compensate them for any losses resulting from any action or claim connected with the platform or from an act or negligence by the user, his/her representative or agents.

(6) You shall be bound to compensate for any losses or damages caused to the platform as a result of any unpermitted use by us or any illegal use.

Section 25: Modifications

(1) We shall be entitled to modify our terms and conditions at anytime and we shall publish a general notice of the new modifications via the platform. Also, we shall update “Last Updated” at the top of this document.

(2) Your continuity of using the platform after updating this policy shall be deemed to be an express consent by you to
these modifications and a legal acceptance of the new terms and conditions.

(3) The user shall be bound with the changes and modifications done by the platform in relation to the applied policies and he/she has to accept any modifications considered by “Wain” to be necessary.

(4) We may at anytime conduct modifications or improvements we consider appropriate and necessary for increasing the efficiency of the platform. The user shall be bound with any directions or instructions provided by the platform to him/her in this regard.

(5) You agree to be bound by all the additional conditions and terms that will be made available to you in connection with the use of any of the services available via the platform. These additional conditions and terms are attached to this agreement.

(6) In case you do not agree on the new modifications and updates, you must immediately suspend the use of the platform.

(7) You should have access to the terms and conditions from time to another in relation to its terms and updates.

Section 26: Cancellation of The Agreement

The agreement shall be deemed to have been automatically rescinded without the need of excuses or taking judicial procedures in any of the following cases:

(1) In case your breach of any paragraph or term of the terms of this agreement above mentioned is proved while reserving all our rights to claim compensation for the damages resulting therefrom.

(2) Assigning or subleasing the account without our consent.

(3) The non-performance by the user of any obligations provided for this agreement without taking serious actions to eliminate this breach while reserving our rights to claim compensations if necessary.

(4) Inability to document any information you provided us with.

(5) In case we decide at anytime that your activities resulted in legal disputes to you or to other users.

(6) The cease of the activity of the platform or the cease of the activity of the official of platform management.

Section 27: Notices

(1) Any notices you like to send to “Wain” must be sent through the features specified within the platform. Any notices
sent outside the platform shall not be considered.

(2) Any notices “Wain” likes to send to you shall be either by publicizing them via the platform or sending them to you via the mobile phone number or e-mail you provided us with during the registration process. You are supposed to have known of the notice as soon as the notice is publicized via the platform or with the lapse of 24 hours from the time at which the message was sent to you.

Section 28: Applicable Law and Competent Courts

(1) This agreement shall be governed by the laws in force within Kingdom of Saudi Arabia.

(2) Judiciary within Kingdom of Saudi Arabia shall have jurisdiction over any dispute that might arise from the interpretation or performance of this agreement.

(3) In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of
the other provisions will not be affected.

Section 29: Language

(1) Arabic text of this agreement shall be the certified text in relation to interpretation and application of its terms and conditions.

(2) In case of conflict between the Arabic text and the translated text of this agreement, the Arabic text shall prevail.

 

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