Terms of Use

Introduction

Welcome to the tafta Platform website and application www.tafta.sa (the “Platform”)

These Terms and Conditions of Use (“Terms of Use”) and all additional policies and terms associated with the Platform (if applicable) set forth the conditions that allow you as a user to access and use the Platform, services and applications, including our mobile application (referred to as “Services”) to interact with sellers and buyers via the Platform. These Terms of Use apply in addition to all other terms (including our Seller Terms, Terms of Sale, Privacy Policy, Shipping and Return Policy) and any other additional policies and terms (the “Legal Documents”). By accessing, registering and/or continuing to use or access our Services, you agree to be bound by these Terms of Use and the Legal Documents immediately. The reference to “you” in these Terms of Use is a reference to you as a legal person

This is an e-commerce platform that allows business and individual users to display and sell products, and allows businesses and individuals to purchase a variety of products. We reserve the right to introduce new services and to update or withdraw any of the services, at our sole discretion and without liability.

These Terms and the Legal Documents are subject to modification by us at any time. Your continued use of the Platform and Services following the posting of any change will signify your acceptance of these Terms of Use and the Legal Documents as modified.

1. Terms of registration

1.1. You are entitled to register as a Buyer or Seller and utilize the Services if you meet the following eligibility criteria:
- Buyers:
- 1. You are of legal age to be able to purchase products in your country of residence.
- 1. Be able to provide an address in Saudi Arabia to deliver the products.
- ** Sellers:
- 1. Have a commercial company registered in accordance with the laws of your country.
- 1. Have a valid business license.
- 1. You can provide proof of authorization for individuals registering or using the platform.
- 1. Provide proof of identity of the authorized person.
- 1. Provide supporting bank statements.
- 1. You acknowledge and agree that certain additional requirements may apply for certain categories of Products.
- 1.2. To register on the Platform, we will need you to provide certain information, and your registration on the Platform will not be accepted if the necessary information is not provided to us. We have the right to refuse any registration without giving reasons. We also have the right to carry out the necessary checks to confirm your identity and registration requirements.
- 1.3. Once you have successfully completed your registration, your registration will continue for an indefinite period subject to possible suspension or revocation in accordance with clause 6 of these Terms of Use.

2. Your Obligations

2.1. By using or accessing the Services, you agree that:
- a. Your responsibility to maintain the privacy and restrict access to and use of your account and password, and agree to be responsible for all activities that occur under your account and password.
- b. Agree to notify us immediately of any unauthorized use of your password or account or any other breach of the Platform's security standards.
- c. Provide full, true, accurate and current information about yourself and your use of the Services as specified by us.
- c. Provide complete, true, accurate and current information about yourself and your use of the Services as specified by us Not disclose to third parties (except as required or specified by us) the user information provided to you.
- c. Cooperate with requests from us for additional information regarding your eligibility and use of our Services.
2.2. When you use or access the Services, you agree that you will not:
- a. Post, include or upload any inappropriate or prohibited content or materials to our Platform, including:
- Content or material that is morally or religiously inappropriate in any way.
- - Content or materials that do not comply with local law, Islamic law, rules, morals, ethics, values, morals and traditions.
- Content or material that may threaten national security.
- Content or material that may promote or constitute gambling.
- Securities, including stocks, bonds, sukuk or any other securities or assets.
- Living or dead creatures and/or any part of any animal kept or preserved by any artificial or natural means.
- Weapons.
- Alcohol, tobacco products, narcotics, psychotropic substances, hypnotic substances, intoxicants of any kind, and prescription drugs.
- - To the best of your knowledge, materials that are defective, false, damaged, misleading or may cause harm when normally used for the benefit or health of another user of the Platform.
- - Non-transferable vouchers.
- - Chemicals.
b. Posting material for which you are not authorized to share a link or insert a link.
c. Posting fake or stolen material.
c. Breaking or circumventing the law, violating any third party rights, violating any of our rules, regulations or policies, or violating decisions regarding your account status.
c. Use the Services if you no longer meet the eligibility criteria, are unable to enter into legally binding contracts, or your account has been temporarily or indefinitely suspended.
h. Failure to pay for products you have purchased, unless there is a legal reason to do so in any of our policies.
x. Failure to deliver to customers the products you have sold (if applicable), unless there is a legal reason supporting your position and stated in any of our policies.
d. Using contact information provided to you while transacting on the Platform to try to increase your sales outside the boundaries of the Platform or on other sites.
y. Manipulate the price of any of the products.
t. Interfering with the listings of other users.
g. Take any action that would diminish the platform's valuation and rating systems.
o. Post content that is false, inaccurate, misleading, deceptive, defamatory or similar.
u. Transfer your account to another party without our prior written consent.
r. Posting unsolicited messages or electronic communications or the like.
z. Spreading viruses or other technologies that may harm our Services or the interests or property of other users.
i. Breach:
Copyright, trademark, patent, moral, ethical, advertising, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that pertain to us or are licensed to us.
Any Intellectual Property Rights that belong to third parties.
any anti-bribery, anti-corruption, and anti-money laundering laws
Z. With users' private information without their consent.
p. Circumvent any of the technical procedures we follow to provide the Services.

3. Intellectual Property Rights

3.1 Except for the rights expressly granted in accordance with these Terms of Use:
- - All content on the Platform is our property or the property of our licensors, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads and software. We (or our licensors, as the case may be) reserve all of our right, title and interest in and to the Platform and the Services, including, without limitation, all intellectual property rights contained in these Terms of Use.
- All right, title and interest in and to any and all information, materials or other content provided by you through your use of the Services, as well as all of your intellectual property rights contained in these Terms of Use, shall become our property.
3.2 You agree that you may not use our trademarks without our prior written consent.
3.3 All rights not expressly granted to you in these Terms of Use are reserved to us or our licensors.

4. Warranties, representations and warranties

4.1. You warrant, covenant and represent that:
- a. Fully comply and continue to operate in accordance with applicable laws, statutes and regulations, including but not limited to compliance with legislation relating to privacy laws and content regulation.
- b. You have full authority to contract in accordance with these Terms of Use, and your performance of your obligation under these Terms of Use does not conflict with:
  - - Any governmental laws, rules, regulations or guidelines to which you are subject
  - Any other agreements to which you are a party or by which you are bound.
- If you create or use an Account on behalf of a company, you are authorized to act on behalf of that company and warrant that it will comply with these Terms of Use. This account is the property of and under the control of that company.
- W. You own or are authorized to grant the rights and licenses you have granted to us under these Terms of Use.
- c. Any content you submit as part of your use of the Services and any Products you list does not infringe the rights of third parties anywhere in the world, including but not limited to any intellectual property rights (whether registered or not).
4.2. Subject to clause 6.1, the Services are provided to you on an “as is” basis without warranties, representations or warranties. We disclaim all warranties, representations or warranties of any kind, whether express, implied or additional, including but not limited to all warranties, representations or warranties of merchantability, fitness for a particular or general purpose, non-infringement or violation of any rights, or that our Services are secure, free from defects, will operate without interruption or will be provided in a timely manner or at all.
4.3. Furthermore, although we try to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, up-to-date or error-free. In addition, as a buyer, you agree that we are not responsible for inspecting or testing the listings or content of the Services provided by us or third parties, and you will not attempt to hold us responsible for any errors or defects in any of the listings. As a Seller, you are responsible for reviewing the accuracy of the content in your listings and you will not attempt to hold us or the content/brochure providers liable for errors or inaccuracies.

5. Liability and Indemnification

5.1. Nothing in these Terms of Use shall limit or relieve the liability of any of the parties for:
- a. Fraud, including misrepresentation, by such party.
- b. Death or personal injury as a result of such party's negligence.
- c. Any other liability that cannot be limited or released in accordance with applicable law.
5.2. in accordance with clause 6. 1, in no event will we, our parent company, subsidiaries, affiliates, directors, managers, officers, agents, employees, suppliers, subcontractors or licensors, whether based on a claim or demand in contract, tort, negligence, breach of statutory duty or breach of these Terms of Use, be liable for any claim for loss of profits, loss of data or information, business interruption, financial loss, or any special, indirect or incidental damages even if we or our affiliates, directors, officers, agents, employees, licensors, suppliers or subcontractors have been advised of the possibility of such damages.
5.3. Except to the extent permitted by applicable law, we (including, our parent company, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable, and you acknowledge that you will not hold us liable, for any damage or loss caused directly or indirectly by:
- a. Content or other information you provide when you use the Services.
- b. Your use of, or inability to use, the Services.
- c. Pricing, shipping, coordination, or any of the instructions provided by us.
- c. Delays or interruptions in providing the Services.
- d. Viruses or other malware found through access to the Services.
- y. Errors in the Services, malfunctions or inaccuracies in any way.
- t. Damage to your device through the use of products sold on the Platform or through our Services.
- g. The content or the acts or omissions of third parties using our Services.
- o. Suspension or any other actions we take related to your use of the Services.
- u. The period of time your listings appear in search results or the manner in which they appear.
- r. Your need to modify practices, content or behavior or your loss or inability to do business as a result of changes to these Terms of Use.
5.4. Subject to clause 6.1, if clause 6.2, or 6.3, proves to be unenforceable or unenforceable for any reason, our total liability including that of our parent, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, subcontractors or licensors to you whether as a result of any claim or demand in contract, negligence, breach of any legal duty or otherwise arising out of or in connection with these Terms of Use shall be limited to, at most, the lesser of:
- a. The price at which the product was sold on the Platform and the original shipping rates.
- b. The amount of the disputed fees, not to exceed the total amount of fees paid to us during the twelve (12) month period preceding the action giving rise to the liability.
- c. Three hundred (300) Saudi Riyals.
5.5. You agree to indemnify and hold us, including our parent company, its subsidiaries and affiliates, and its directors, officers, agents, employees, suppliers, subcontractors and licensors related to our company or our parent company, subsidiaries and affiliates, harmless from and against any losses, damages and expenses (including legal fees and attorneys' fees) (“Claims”) arising out of:
- a. Any claims or demands made by third parties as a result of your use of the Services.
- b. Violation of any of the provisions in these Terms of Use, including but not limited to any of our warranties, representations and warranties.
- c. Violate any applicable laws, including but not limited to data protection laws or anti-spam laws.

6. Suspension, Termination or Cancellation

6.1. Without prejudice to any of your rights or remedies or without any liability to you, we may limit, suspend or withdraw your access to or use of the Services, cancel your order for any Products and/or delete Content submitted by you in our sole discretion. For the avoidance of doubt, any amounts paid and received by us in connection with a canceled Products order will be refunded.

7. Reporting a violation of the Terms of Use:

7.1. We are committed to ensuring that the products and content contained in the Platform comply with these Terms of Use. If the Content does not comply with these Terms of Use, please notify us and we will investigate.

8. General Provisions

8.1. Applicable Law: These Terms of Use and any related non-contractual rights or obligations shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
8.2. Dispute Resolution: If you have any issues with our Services, please contact us. We will endeavor to resolve your issue as soon as possible. Any disputes or disagreements relating 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.
8.3. Rights of Third Parties: A person who is not a party to these Terms of Use has no right to enforce any of its terms.
8.4. Relationship of Parties: Nothing in these Terms of Use shall be construed or interpreted by the parties or third parties to construe the relationship between us as between partners or agents or to create a joint venture between the parties, but it is understood and agreed that all parties to the Agreement are independent parties.
8.5. Additional Assurances: The Parties shall do or cause to be done the necessary acts, documents and other things within their authority to enforce and verify the operation of these Terms of Use, including without limitation assisting each Party to comply with applicable law.
8.6. Waiver: These Terms of Use are intended for the benefit of the parties and their respective successors and assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or duties relating to these Terms of Use, whether directly or indirectly, without our prior written consent.
8.7. Total Agreement: These Terms of Use and the documents referenced or incorporated into the Terms of Use represent the entire agreement between the parties with respect to the subject matter of the Agreement and supersede and supersede all prior agreements, negotiations and representations, written or oral, relating to the subject matter. Except as set forth in these Terms of Use and the documents referenced or incorporated into these Terms of Use, there are no conditions, representations, warranties, undertakings or agreements between the parties, whether direct, indirect, collective, express or implied.
8.8. Modifications: These Terms of Use may not be amended, supplemented or supplemented by any modification or addition to these Terms of Use. We reserve the right to make any modification, change, addition or supplement to these Terms of Use at any time or from time to time. We will post the current version of the Terms of Use on the Platform and it will be effective when posted on the Platform or upon the date specified by us as the “Effective Date” (if any). Your continued use of the Services in the event of any changes constitutes your agreement to be bound by the revised Terms of Use.
8.9. severability of clauses: If any provision of these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision of these Terms of Use shall be severed and the remaining terms and conditions shall continue in effect as long as the legal and economic substance of the transactions conducted under its terms remains intact without any adverse effect on the parties thereto.
8.10. Force Majeure: No party shall be liable for loss, damage, delay or non-performance as a result of acts beyond the control of any party whether or not such act is foreseeable (such as acts of God, actions by legislative, judicial or regulatory authorities of any federal, state or local government or jurisdiction, actions by any of our subcontractors or any third party supplier of goods or services to us, labor disturbances, power outages or economic boycotts).
8.11. No Waiver: The waiver of any provision of the Terms of Use does not constitute a waiver of any other provision (similar or dissimilar), and no other waiver shall constitute a continuing waiver of any such provision, unless expressly so provided by us in writing.
8.12. Contact: You can contact us by going to the “Account” section and clicking on the “Contact Us” tab
8.13. Continuity of Enforcement: All provisions that are stated to survive termination or that by their nature survive termination shall survive the termination or suspension of your membership in the Platform.