Terms of Service

This Terms and Conditions document ("T&Cs") constitutes a binding agreement between Thiqah Business Services Co. ("Owner") and the Service Provider as further defined below.

By accessing, Using, and/ or availing from any service, feature, Content, and/or benefit made available by or through the portal (as defined below), the Service Provider accepts to be bound by these T&Cs.

1. Definitions

Unless the context otherwise requires, the following expressions shall have the meanings ascribed to hereunder:

Applicable Law: The Laws, regulations, and all type of binding official works issued by the authorities of the Kingdom of Saudi Arabia.

Arrangement: Any form of transaction/contracting/ or understanding under which a Service Applicant avails from the database offered by a Service Provider as a result of any Use for purposes related to query this data.

Public Body: A government bodies in the Kingdom of Saudi Arabia keeping, arranging, or otherwise having competence over Database in any manner.

Database: A compilation, record or source of information available at a Public Body.

Content: Any data information or documents available by the Service Applicant on the portal or through it, (including without limitation, commercial registry data, Legitimate Agencies, Trademarks etc.), a term which also includes the data provided by the Service Applicant for the purposes related to query this data.

Intellectual Property: Owner's copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietary right or form of intellectual property in any jurisdiction, including the intellectual property rights over the portal and all the System related or connected programs, computer applications and smartphone applications, and the right to apply to register and enforce the foregoing rights.

Fair Use: Normal use of the Portal made for lawful and actual business needs of the User in connection with the obtainment of the License and or the necessary dealing with the Service Provider for such regard, in the manner and with the volume of data, frequency of use and concurrency of use that does not interfere with any other User's Use. Abnormal use of any applications, programmes, or means that the Service Provider or the Portal make available, using them other than for their intended purpose, uploading unnecessarily big Content to the Portal, circumventing, harming or damaging any programs or applications used by the Portal, sending or distributing bugs, viruses, harmful codes and the like, damaging any information or data kept by or published on the Portal, linking any accounts, advertisements, or comments on other websites with the Portal, publish the same on the Portal or vise-versa shall all be considered forms of un-Reasonable Use.

Policies: The policies issued by the Owner to regulate an aspect, service, feature, benefit or more that the gate provides as the same are amended, restated, or replaced from time to time.

Service Provider: Thiqah Business Services Co. where it operates the portal and develop it and provide data for those wishing to inquire.

Service Applicant: Entities and individuals wishing to inquire data and documents provided by the portal.

Use: Accessing, using, and/ or availing from any service, feature, and/or benefit made available by or through the System, the word "Use" in verb form and its variants shall be construed accordingly.

Service Applicant Data: Any information or data demanded by the portal from the Service Applicant to Registration and subscription to packages offered by the portal.

Portal: A web service linked to the Public Body reviews the data provided by the service provider to the Service Applicant who wishes to query about this data.

 

2. Rules Applicable to the Use

  1. Provided that these T&Cs are complied with in full, A Service Applicant may sign up (i.e. - create an account) with the portal, and for this purpose the Service Applicant shall fill in all the required information in the relevant page within the portal, and shall then log-in with its designated username and password upon every intended Use and query data.
  2. Service Applicant are not permitted to assemble, reverse engineer, copy, adapt, modify or try to obtain the source code that makes up the portal (or any underlying programmes or codes), make derivative work thereof, and/or provide a hyperlink to the portal (or vise-versa) without attaining the Service Provider 's express written consent.
  3. The portal is used by subscription to the packages offered by as follows:
  1. Free Package: Offers a free trial package to users, with open operations subjected to the fair use policy of the service provider, and the package remains valid for the subscription period.
  2. Basic Package: Provides a basic package for users, provides an open number of operations, for all services, are subscribed annually under a separate contract and the cost of operations according to use.
  3. Business Package: provides a basic package for users, provides an open number of operations, for all services, are subscribed annually under a separate contract and the cost is fixed.
  1. The Service Provider has the right to suspend the use of the portal for the account of the Service Applicant, on reasonable grounds estimated by the Service Provider, until the conditions specified to reactivate the use or account are met.
  2. The Service Applicant acknowledges that the accuracy, legality, and validity of the Content is at his/her sole responsibility, and that the same is necessary to achieve the benefits from the portal; however in no way the Service Provider shall be held liable where the Service Applicant does not receive the desired portal service due to a fault by the Service Applicant in respect of fulfilling the requirements set out hereunder or under any of the Policies. the Service Applicant is also aware of all the legal consequences of providing false, untrue, inaccurate, not up-to-date, illegal, or incomplete data and specifications in course of any Use.
  3. The Service Provider maintains full right to suspend the Use, shut down the portal or deny access thereto at any time without this resulting in any liability on the same whatsoever and without the need to show reasons.
  4. Sums and amounts provided in the portal are in Saudi Arabian Riyal (unless otherwise indicated), were payment is made in other currencies, the exchange rate provided by the payment gateway service provider with which deals shall apply.

 

3. Service Applicant's Warranties, Obligations and Acknowledgements

  1. The Service Applicant represents that it is fully capable to Use the portal and to enter into valid Arrangements with Service Providers (per the terms they publish or hyperlink over the portal) and undertakes to fully respect the terms of the Arrangements it concludes the Service.
  2. The Service  Applicant undertakes to: (i) ensure the Service Applicant’s Data it provides are correct and valid; (ii) provide information and any cooperation as reasonably required by the Service Provider; (iii) only use the portal in respect of its own business, and not seek extraction of any commercial benefit from the Use (such as by way of selling or charging any benefit of Use, or offering the same to a third party or enabling a third party to extract benefits of any Use, or Use of the portal in any way for obtainment of a financial benefit) without the explicit approval of the Service Provider; (iv) ensure that password(s) and any other access information are kept safe and secure and that the Service  Applicant’s account and/or Portal are at all times protected from  illegal access, misuse and damage by anyone making Use through Service  Applicant’s passwords(s) or access information; (vi) contact the Service Provider immediately upon learning that password(s) or access information is no longer secure or have been used illegally; (vii) comply with the Policies, these T&Cs, and any directions   gives and restrictions the Service Provider makes regarding the Use; (viii) not make any Use in any way that is illegal or may be offensive, or causes damage to any other party or intend any of the aforementioned (ix) abide by all laws, regulations, and instructions applicable on the Use. In this respect, the Service Applicant hereby acknowledges and declares that the provisions of such legislations -and these T&Cs- may be directly invoked against him by other Users, Public Body, any Service Provider or an interested third party (x) refrain from establishing fake accounts or use of made up names and always use its official personal or trade names.

 

4. Service Provider's Rights, Warranties and Limitations of Liability

  1. The Service Provider excludes all warranties and guarantees -whether express or implied- in connection with the Portal or dealing with the Service Applicant or Public Body, and the Service Applicant accepts such exclusion.
  2. The Service Provider shall not have any liability or responsibility to any Service Applicant for any loss, and/or damage sustained form any Use, including consequential loss of business or profits, loss of anticipated savings, loss of business opportunity, loss of data, or loss of goodwill or any other loss.
  3. Arrangements are binding contracts between the Service Applicant and the Service Provider. it remains up to the Service Applicant to conduct his/her due diligence and satisfy himself as to the identity, capacity, illegibility, and solvency of the Service Provider, it is also up to the Service Applicant to determine that the services offered by the Service Provider fits with the needs and other practical considerations pertinent to the Service Applicant.
  4. The Owner does not make nor provide any representation, warranty, guarantee, or recommendation for or in favour of any Service Provider and/or under any Arrangement whatsoever, nor may the same be considered as a partner, guarantor, or be in any other legal form liable towards the Service Applicant for any act, omission, or transaction between the parties in respect of any Arrangement.
  5. The Service Provider shall have the right to amend and/or replace these T&Cs from time to time, such amendments and/or replacements shall be effective upon publication on the Portal.
  6. The service applicant declares that the account assigned to him on the Site is a personal account that can only be made by one of the Commissioners) and cannot be sold, leased or leased to third parties, and all actions, correspondence and modifications made through his account shall be declared.
  7. At its sole discretion, the Service Provider may: (i) change any part of the Portal or the services available through it at any time (ii) make declarations/ circulars as to the changes that the Service Provider deems substantial, (iii) delete any content and/or suspend any account without the need to show causes, (4) amend these terms and conditions from time to time.

5. Indemnity

    1. The Service Applicant shall indemnify the Service Provider against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against the Owner, arising out of a Use or breach of these T&Cs by the Service Applicant or the negligence of the same.
    2. Without restricting the generality of the preceding paragraph (a), the Service Applicant ensures and guarantees to Service Provider that it accepts to take full responsibility for all the acts and omissions conducted via its account and or done by any of its subordinates on joint and several bases.

6. Notices

  1. Any notice or other communication in connection with these T&Cs by the Service Provider to a Service Applicant shall be via email to the email address provided by the Service Applicant upon signing up or via the communication tool offered by the Portal. Any notice shall be deemed to have been received by the Service Applicant once it has been sent to the mentioned email address or served via the communication tool.
  2. Correspondences made to the Service Provider shall not have any effect unless sent to the following email address Sales@wathq.sa , and provided that a confirmation of receipt is sent to the sender. 
  3. The Service Applicant acknowledges that the Service Provider may from time to time, send electronic messages to market or promote the Service Provider, Service Provider’s partners, or third parties’ goods and services.

7. Privacy Policy

  1. privacy and confidentiality of information:

The portal does not collect personal information about the Service Applicants / users of the portal -except for development and security purposes- unless they choose specifically and knowingly to provide such information, such as creating an account through the portal. In this case, this information is used only to achieve the desired goal or in accordance with the terms and conditions of the portal applicable to the two applicants. The said use is the consent of the user to comply with these provisions.

  1. security of personal information:

These provisions have been prepared to help service seekers understand the nature of the technical materials collected from them when visiting the portal and how to deal with them.

The Service Provider shall take appropriate and corresponding measures to safeguard the information it has in a secure manner to ensure its protection from loss, unauthorized access, misuse, or unauthorized disclosure. The most important measures in place to this end include:

  • Strict procedures and measures to protect information security and technology used to prevent fraud and unauthorized access.
  • Regular and periodic updating of protection procedures and controls that meet or exceed standards.
  • Qualifying and educating employees to respect the confidentiality of personal information of applicants.

8. Governing Law and Jurisdiction

These T&Cs shall be governed by the laws of Kingdom of Saudi Arabia, and the Service Applicant submits to the exclusive jurisdiction of the courts of Riyadh/KSA.

9. General Provisions

  1. The Arabic version of these T&Cs prevails over the English translation thereof.
  2. The Service Applicant hereby declares and accepts that all representations, statements, undertakings and warranties made under these T&C’s on its part are valid to Service Providers with whom Arrangements are made, Public Body and any other Service Applicants, and as such the mentioned individuals are entitled to directly invoke any of the foregoing or demand enforcement of the same vis-à-vis the Service Applicant.
  3. The T&Cs -as may be amended from time to time- and the Policies constitute the entire Owner-Service Applicant contract as to the Use of the Portal and availment by Service Applicant of the services and benefits which the Portal offers.

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