terms of use

Welcome to the platformAlaqari“

Effective date: 15- January – 2023

Section 1: Introduction

1. Please read these Terms of Use along with the Privacy Policy (collectively, the “Agreement”) carefully before using the Platform.Alaqari.” By accessing or using any part of the Platform, you agree to be bound by this Agreement. If you do not agree with all the terms and conditions of this Agreement, you may not access the Platform or use any Services.
2. These Terms are subject to update or modification by us at any time. Please review it regularly for any updates or modifications to it, and any new version will automatically become effective immediately upon being published on the platform, and your continued use of the platform after the publication of any amendment means your acceptance of the modified version of these terms.
3. These terms are a valid electronic contract binding on everyone who uses platform services.AlaqariAnd no party may shirk it as long as it produces its legal effects. All subsequent modifications to these Terms will have the same provisions and legal effects as the current version.

Section 2: Terms

The following terms shall have the meaning indicated opposite each of them, unless the context requires otherwise:

1. “Platform“,”we“,”for us“,”we've got“: means a platform.”AlaqariWhich provides its services through a website and mobile applications on Android and iOS systems.
2. 2.”the user“,”You“,”The possessive pronoun“: means everyone who uses the platform’s services.
3. 3.”the account“: means the user’s account on the platform through which he can benefit from the services of the platform.
4. 4.”owner or developer “: means the legal entity (legal person or natural person) that offers real estate units for sale through the platform.
5. 5.       “Mediator “It means the legal entity (legal person or natural person) that offers, reserves and sells real estate units to its clients through the platform.
6. 6.”Information about the owner or developer“: means the information provided by the owner or the developer and related to him for the purpose of listing it on the platform, including pictures, photographs, descriptions, guarantees provided by him, units available for reservation, and price details (including all applicable taxes, unless otherwise specified otherwise applicable mandatory law, additional costs), availability, cancellation and down payment policies and other policies and restrictions.
7. 7.”discount or Direct debit“: means all instructions provided by the “Owner or Developer” to his bank to authorize the Platform to collect the relevant amount under these Terms directly from his own bank account.

• 9.”Payment facilities“: means the means of payment that the platform may make available from time to time and in certain areas of jurisdiction on the platform in order to pay the unit price by customers (in advance / advance payment) to the platform, and to settle the commission owed by the owner or developer to the platform (according to Where applicable), bank transfers, credit card payments or any other form of online payment (as available) may be processed and processed for and on behalf of the Owner or Developer.
• 10.”force majeure case“: means any of the following events affecting multiple customers and multiple units; These are: Acts of God, Volcanic Eruption, Natural Disaster, Fire, Acts of War, Hostilities, Any Local or National Emergency, Acts of Invasion, Compliance with any Order or Request by any Local Authority or Authority Boycott, port authority or other public authority, government regulation or intervention, military action, civil war, terrorist act, explosion, mutiny, riot, insurrection, civil commotion, curtailment transportation, airport closures, or any other exceptional or catastrophic event or circumstance or other exceptional or catastrophic emergency which prevents or makes it impossible or illegal for clients to travel to or book on the project
• 11.”intellectual property“: means any patent, copyright, innovation, database right, design right, registered design, trademark, name, trade name, trade mark, logo or service mark know-how, utility model, design, unregistered domain name of any extension, etc.) or any similar right or obligation whether registered or unregistered or any other industrial or intellectual property right existing in any territory or territory In the world.
• 12.”Internet marketer“: means a marketer to a general audience on the Internet by any means, including through mobile applications. This definition excludes emails, SMS messages, and instant messaging means that are not intended for a general audience.
• 13.Laws“: means the laws and regulations in force in the Kingdom of Saudi Arabia.
• 14.”Convention“: means these Terms of Use in addition to the Privacy Policy and any rules relating to the use of the Platform.

SECTION 3: REPRESENTATIONS AND WARRANTIES

1. Would you like a platform?AlaqariIn ensuring that all users have the ability to enter into legal contracts online, in accordance with the following:
2. Have full, full, unrestricted legal capacity to enter into contracts, including these Terms.
3. Use the platform in accordance with these conditions, and in accordance with the regulations in force in the Kingdom of Saudi Arabia.
4. not access the Platform through automated means, whether through a bot, script, or otherwise.
5. Not to use the platform for any illegal or unauthorized purposes.
6. You are responsible for all your actions that you take on the platform, and the consequences of such use.
7. The owner, developer or broker undertakes and guarantees the platform “AlaqariThe following during the term of this Agreement:
8. It has the necessary rights, power and authority to use, operate, own, (re)license and allow the Platform to make available on the Platform all intellectual property rights relating to the owner, developer or marketer as indicated or referred to in the information about the owner or developer.
9. It has taken all commercial actions required of it to allow the execution and performance of this Agreement.
10. It complies, in all material aspects, with all applicable laws, rules, regulations, government decrees and rules in relation to the services it provides.
11. it possesses and complies with all permits, licenses, other authorizations, registrations, and other governmental requirements (including mandatory information exchange with authorities) necessary to conduct its business and make it available on the Platform for booking.
12. He is duly registered with all concerned tax authorities as a broker, office, institution or real estate company.

Section (4): Membership and Account

1. Membership in the platformAlaqariIt is free, and in order to benefit from the platform’s services, you must register an account with specific data as required in the registration form, which includes, but is not limited to, name, email, and mobile number.
2. By registering an account, you agree to:
   1. That the data you provided upon registration is correct, current and complete, and in the event that you register on behalf of an entity, you have the authority to bind that entity to these Terms.
   1. We have the right to verify your data and deal with it in accordance with our privacy policy.
   1. It is your responsibility to review your account data regularly in order to correct, amend or renew it whenever you have new information about it.
   1. To preserve the account data, and to restrict third parties from using the account, and in all cases you are responsible for disclosing this data to third parties and for all actions that take place through your account.
   1. Inform platform managementAlaqariImmediately any illegal use of the account, or if you discover any illegal practices or activities through the platform such as hacking or theft of the account.
   1. Not to initiate any act or behavior that would cause any direct or indirect harm to the platform, its activity, or its objectives.
3. We have the right, without any liability, to restrict, suspend, suspend or terminate your account permanently or temporarily in the following cases:
4. If you do not comply with this Agreement and the rules and guidelines for operating the platform “Alaqari“.
5. If you are using the account in an unauthorized or illegal way.
6. If you provide data or information that we believe to be incorrect, inaccurate, or false.
7. If your use of the Platform or any other actions cause you any damages, losses, liability or liability to us.
8. If we see any other violations in any other circumstances in our sole discretion.
9. The platform management has the right toAlaqariCheck the registration requirements, and once the registration is successfully completed, you may use the Platform for an indefinite period unless it is suspended or canceled in accordance with these Terms.

Section (5): Marketer's commission

1. We start the commission from 0.5% to 2.5% from the net value of the property according to the project, marketing period, completion, and other determinants that are agreed upon before initiating mediation by the mediator, and they are written.
2. The commission is due after receiving it from the owner or developer within a period not exceeding thirty (30) days.
3. These amounts include value added tax.

Section (6): The down payment

1. No real estate unit is reserved without a deposit.
2. The deposit shall be refunded in the correct cases within a period not exceeding fourteen (14) days.
3. The down payment is not refunded after the final approval is issued by the financing company and becomes part of the platform fees.

Section 7: Licenses

1. Subject to your compliance with these Terms, the platform grants youAlaqari“a limited, non-exclusive, non-transferable, non-sublicensable, personal license to use the Platform Services and the content, information and related materials that may be made available through the Platform for your personal use, in accordance with these Terms. The license granted to the user does not include any ownership rights in the platform.Alaqari“or part thereof, nor does this license indicate, directly or indirectly, the existence of a partnership of any kind between Menasa”Alaqariand between any user.
2. The owner or developer agrees to grant the platform “Alaqari“The non-exclusive, royalty-free right and license to do the following:
3. The use of the intellectual property rights of the owner or developer, in the manner of submitting them to the “platform”AlaqariSubject to these Terms, reproduce, duplicate, distribute, sublicense, transmit, make available in any manner and display what is necessary for the Platform to exercise its rights and perform its obligations under these Terms.
4. Use, reproduce, duplicate, process, distribute, sublicense, display, and exploit Owner or Developer Information (including without limitation public display, modification, adaptation, transmission, reproduction, copying, and making available to the public in any way).
5. A platform mayAlaqariSublicense, make available, disclose and offer through or in association with an affiliate and/or third party platform the following:
6. Information about the owner or developer.
7. The relevant intellectual property rights of the owner or developer.
8. Main contact details for the owner or developer.
9. Special offers made available by the owner or developer on the platformAlaqari“.
10. All additional rights and licenses set forth in the Agreement.
11. platform does not bearAlaqariNo liability to the Owner or Developer for any act or omission of any Third Party Platform.
12. A platform may displayAlaqariAll or any of the Platform content on third-party websites and platforms.

Section 8: Acceptable Use

1. We authorize the User to use the PlatformAlaqariIn accordance with the controls specified in these terms, and it is prohibited to make any use beyond that, you may not:
2. Using the Platform to violate any applicable laws, statutes, regulations, ordinances or rules in the Kingdom of Saudi Arabia.
3. Carrying out any other conduct or behavior that harms the service or undermines the reputation of the platform’s brand.Alaqari“.
4. Hack or attempt to breach the Platform's security system, or attempt to access, manipulate or use non-public areas of the Platform.
5. Attempt to decompile, program, encrypt, or reverse engineer any of the software used in providing the Platform;Alaqari“.
6. Prevent any user from using the platform.Alaqarior impersonate any other user or entity.
7. Sending unsolicited messages, spam, or messages that support illegal activities. This includes unethical marketing, advertising, or other practices in any way associated with “spam”, including but not limited to: sending bulk emails to recipients who have not requested an email from you, promoting a site that contains links or Inappropriate titles or descriptions.
8. Violation of copyright, trademark, patent, advertising, ethics, database or any other intellectual property rights relating to the platformAlaqarior its licensees or any of the intellectual property rights of any third party.
9. Interfering with the nature of Menasa’s work”Alaqariincluding the dissemination of viruses or any other technologies such as bots, Trojan horses, malicious code, methods or similar technologies that may disrupt or interfere with the operation or provision of the Platform.
10. Attempting to explore, scan, or test the vulnerabilities of any of the systems or networks operating the platform.Alaqarior compromise any security or authentication measures.
11. Engaging in any activity that would constitute an offense under applicable laws prohibiting dealing with proceeds of crime and/or terrorist financing.
12. Committing the crime of defrauding public revenues or intentionally engaging in fraudulent evasion of any tax or taking steps to do so (or facilitating, aiding, abetting, procuring or inducing the commission of such an offence).
13. You may not use the platformAlaqari“to develop, create, transmit or store information that:
14. Interfering with or interfering with the normal functioning of another person's use of the Platform or Service in any way.
15. violates privacy, threatens others, or contains material that is defamatory, harmful, obscene, or offensive to others.
16. Defraud, misrepresent, or impersonate any other user.
17. The user bears all legal responsibilities in case of infringement of any intellectual property rights on any content published on the platform.
18. The platform management has the right toAlaqariAt its discretion, monitor the service to determine compliance with the terms and rules of operation of the platform. It reserves the right to remove any Content that violates these Terms, is illegal, or otherwise objectionable, or otherwise violates the licensors' obligations.Alaqari“.

Section 9: Marketing and Pay-Per-Click (Online) Advertising

1. The platform “Alaqari“runs online marketing campaigns at its own expense and at its sole discretion and may promote the owner, developer or broker using their names in such marketing, including email marketing and pay-per-click (PPC) advertising.
2. The owner, developer or broker is aware of how search engines work (such as web searches and URL rankings). In the event that the owner and/or developer becomes aware of any third-party platform’s behavior that violates the intellectual property rights of the owner and/or developer or broker, the owner and/or developer or broker must immediately inform the platform in writing of the details of this behavior, and the platform is obligated to make use its commercially reasonable efforts to ensure that the applicable third party takes steps to rectify the breach.
3. The Owner, Developer or Broker agrees not to use, directly or indirectly, the Platform's logo/brand (including a trade name, trademark, service mark, or any other similar indication of identity or source) for comparison purposes. Prices or for any other purposes, whether on the platform of the owner, developer, or broker, or on any platform, system, search engine, or otherwise belonging to others, unless he obtains the prior written approval of the platform.
4. The Owner, Developer or Broker shall not, directly or indirectly, use or create any “Pay Per Click” advertisement on any meta search sites or otherwise that directs or redirects to the page designated for the Owner, Developer or Broker on the Platform where The owner, developer or broker is the subject of an advertisement or promotion.
5. The owner, developer or broker may bid on or use the Platform brand as a keyword in their own marketing on the web and in their own pay-per-click marketing.

Section (10): Intellectual property rights and trademarks

1. platform maintainsAlaqari“All intellectual property rights, trademarks, all copyrights, trade dress, designs, logos, icons, and other intellectual property rights, materials, and other rights, including rights to software and other symbols contained therein, including content, text, fonts, images, software, audio, music, video, digital materials, and documents.” data and formats, which are protected by intellectual property laws.
2. Logos, page headers, button icons, texts and service names associated with the “platform”Alaqari“They are trademarks and commercial designs of the platform.”AlaqariAnd you are prohibited from reproducing the trademarks or commercial designs of the platform in any media or advertising medium without our written permission.
3. Any unauthorized use, copying, imitation or defamation of the platform's trademark isAlaqariin violation of our rights under trademark laws; Therefore, we reserve all our rights to obtain appropriate compensation, and to resort to the competent authorities. To sign trademark rights infringement penalties.

SECTION 11: DISCLAIMER OF LEGAL LIABILITY

1. A platform is providedAlaqarion a consistent “as is” and “as available” basis. WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO YOUR USE OF THE PLATFORM, THE CONTENT OR THE SERVICES PROVIDED ON THE PLATFORM.
2. Do not provide a platformAlaqariANY REPRESENTATIONS OR OTHER WARRANTIES REGARDING THE PLATFORM, SERVICES, OR OTHER INFORMATION OBTAINED BY YOU THROUGH OUR SERVICES, INCLUDING ITS ACCURACY, RELIABILITY, QUALITY, AVAILABILITY, TIMELINESS, SECURITY OR ABILITY TO MEET YOUR NEEDS.
3. platform will not bearAlaqariLiability for any direct or indirect loss or damage in connection with:
4. Any incorrect information about the real estate units offered through the platform.
5. Transactions and contracts that take place between the parties regarding real estate units.
6. Loss of profits, revenues, business interruption, or the like.
7. Any malfunction, interruption, downtime, disruption or unavailability (temporary and/or partial) of the Platform and/or any of its services.

• platform will not bearAlaqari“liability for any loss or damage caused by any viruses or other harmful material that may affect or infect your computer, equipment, software, data, tablet, mobile device, etc., due to your use of our Services; or your downloading of Content; use, or download any information or materials from any website or other digital platform linked to our Services, or due to any disclosure of such materials or data by any third party.
• platform will not bearAlaqariResponsibility for any failure or delay in performing any of its obligations whenever it is due to force majeure or emergency circumstances.
• We do our best to ensure a platform is available.”AlaqariFor use around the clock, but we may make updates to our services from time to time, including these terms, and during that you may not be able to use our services in whole or in part due to repair, maintenance or development work, and therefore the platform does not guarantee that technical defects will be fixed , or that its servers will be free of viruses or other harmful components, and the user knows that the Internet is always subject to data corruption, unavailability or delay in appearance, and you accept that.
• The user acknowledges that Menasa “Alaqari“is an internet-based service, and although we make every effort to maintain and keep information secure, we cannot guarantee that information received or entered by a user or any other user while using the services will be secure at all times.
• The Website will not deal or provide any services or products to any of the OFAC sanctioned countries pursuant to the law of the Kingdom of Saudi Arabia.

Section 12: Compensation

You agree to compensate Menasa.Alaqariand defend it and its affiliates from and against any direct damages, losses, liabilities, liabilities, costs, claims of any kind, interest, penalties, administrative fees, fines, or legal costs and expenses including fees Legal and attorney fees arising from:

1. Claims or claims arising from your use of the Platform.
2. Misusing the platform in any way, including but not limited to taking any action that would harm its business, directly or indirectly, or harm its reputation and directions.
3. Violate this Agreement, including any terms, policies or operating rules relating to the Platform.
4. Violation of intellectual property rights or any of the applicable regulations, including data protection laws and rights of confidentiality and privacy.
5. Gross negligence and willful misconduct.
6. Refunds will only be given through the original method of payment.

Section (13): Duration, Termination and Suspension of the Agreement

1. This Agreement shall be effective and effective from the date of account registration or your use of the Platform, and your acknowledgment of its acceptance and will remain in effect until terminated by you or us.
2. Each party may terminate this Agreement and close the account of the owner, developer or broker on the platform, and restrict or suspend all or part of its obligations, covenants and undertakings under this Agreement with respect to the other party, with immediate effect and without the necessity to provide notice of default in the event of:
   1. legal or regulatory obligation.
   1. imperative cause under applicable law.
   1. Repeated breach of the agreement.
   1. Filing or filing for bankruptcy, insolvency, payment suspension, proceeding or similar event with respect to the other party.
3. In all cases, the following events are considered a serious breach and/or entitle the platform to “AlaqariThe right to immediately terminate, limit or suspend (all or part of) its obligations, promises and undertakings under these Terms (without giving any notice of default):
4. Violate these Terms, or misuse the Platform or its Services.
5. Use the Platform in contravention of any applicable laws, statutes, regulations, ordinances or rules, or harm others.
6. Failing to pay any invoices, debit notes, or platform fees by the due date.
7. Bad intentions attempt to avoid paying commission and/or reduce commission.
8. Submission by the Owner or Developer of information that is inaccurate, outdated, incomplete, erroneous, misleading or fraudulent, including posting information of any nature thereof, whether on the Extranet or through a link provider.
9. Non-acceptance of any reservation at the price and/or conditions indicated at the time of reservation, or non-compliance with the price and/or conditions agreed upon for a reservation.
10. The owner or developer charges marketers and sellers excessive fees.
11. Misuse by the Owner or Developer of credit card data, Marketers and Vendors or any of its other data prior to check-in without the prior consent of Marketers and Vendors, or any data breaches.
12. Any serious complaint arising from one or more guests or any third party.
13. Frequently getting bad reviews or complaints.
14. The owner, developer or marketer taking or attempting, directly or indirectly, to tamper with one of the reservations or the operation of the platform.
15. If any safety, security, privacy or health issues or problems arise with respect to the property or its facilities the owner or developer shall deliver to the platform at its own expense and upon first request by the platform the relevant permits, licenses, certificates and affidavits issued by Any independent expert that proves and supports its compliance with applicable laws and regulations (privacy, safety and health).
16. The owner, developer or marketer adopting behavior that is not consistent with the platform’s global business model, technology or policies.
17. The Platform reasonably believes that measures are necessary to protect the personal safety or property of the Platform, its customers or any third party, and to prevent material and/or immaterial improper, illegal or unprofessional behaviour, and/or acting in bad faith, or Fraud or any other unacceptable activity.
18. The failure of the Owner or Developer to provide the Platform with the information, documents or other evidence that the Platform reasonably requests from time to time in connection with its due diligence checks, whether to ensure that the Platform complies with anti-financial crime requirements, or otherwise.
19. In the event of termination, you will not be allowed to access the platform.Alaqarior use it, and all licenses granted to you under these Terms will cease.

Section 14: Amendments

1. Menasa is entitled toAlaqariReview and amend these Terms at its sole discretion at any time it deems appropriate and for any reason, and such modifications will be effective immediately upon being posted on this page, and the effective date will be updated.
2. You should read these amendments before continuing to use the platform.AlaqariYour continued use of the platform after making any updates to these terms and the privacy policy, whether by addition, deletion or modification, is your express acceptance of these updates.
3. We have the right to make any modifications or improvements that we deem necessary to the platform to increase its effectiveness, and the user is bound by any instructions provided by the platform to him in this regard.

Section 15: Laws and Jurisdiction

1. These Terms shall be governed and construed in accordance with the laws in force in the Kingdom of Saudi Arabia; All disputes related to these Terms will be subject to the competent Saudi judicial authorities.
2. If any of these Terms is deemed invalid, illegal or unenforceable under applicable laws, then that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
3. Any dispute or claim arising out of or in connection with this website shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

Section 16: Other Provisions

1. By registering an account, or by clicking to accept these terms when prompted to do so, you are deemed to have implemented these terms electronically, and are considered effective and valid against you from the date of your registration for the account or from the date of your acceptance of the terms.
2. platform will not bearAlaqariResponsibility for any delay or failure to perform any of its obligations under this Agreement whenever it is due to force majeure that may lead to suspension or disruption of the normal operation of the Platform.
3. We have the right to assign, transfer and subcontract our rights and/or obligations under these Terms without the need to give any notice thereof or obtain consent from the User.
4. The User shall not assign, transfer or subcontract any of his rights and/or obligations under these Terms without our written consent.
5. In the event of any change to the owner or operator of the property, including any assignment, assignment or renewal of the Agreement, the owner or developer agrees that the new owner or operator will have the right to use information about the owner or developer, including guest reviews, that was made available To the owner or developer or to be used by him before the change of ownership, and to have access to performance data (financial and operational), management data, and (customers) data. In all cases, the owner or developer shall remain responsible and bound by all representations, claims and obligations related to or accumulated during the period prior to the change of owner or operator.
6. All notices and correspondence must be in Arabic. It shall also be in writing and sent by post office box, e-mail or nationally recognized air courier using such contact details as each party may specify from time to time.
7. In the event that these conditions conflict with any of its previous versions, the current version shall prevail and be approved.
8. Nothing in these Terms shall be construed as constituting a relationship of partnership, agency or joint venture between the platform.Alaqariand between any user or any third party, and you will not have any authority to bind us in any way.

1. These conditions have been prepared in Arabic, and in the event of their translation into another foreign language, the Arabic text shall prevail.
2. These Terms and the Privacy Policy (or the amended versions thereof at any time) constitute all the terms of the exclusive and complete agreement between the “Alaqariand between the user in relation to the use of the platform, taking into account all matters related to this, and the current version of these terms supersedes any and all previous versions thereof.
3. This Agreement may be entered into online or by signing a separate corresponding hardcopy or “pdf” copy, or facsimile copy, each of which shall be deemed original and shall be valid and binding. By registering and subscribing to the platform, the owner, developer or marketer agrees, acknowledges and accepts these terms.
4. We accept payments online using Visa and MasterCard credit/prepaid card in Saudi Riyals.

Section (17): Contact information

If you have any questions or concerns regarding these Terms or the Privacy Policy, please contact us:

• By e-mail: info@alaqariapp.com

All rights reserved platformAlaqari” 2023