Terms of Service

This document (“Terms and Conditions”) constitutes a binding contract between THIQAH Businesses Services Company (“Service Provider”) and (“Service Applicant”) as identified below by accessing and/or using and/or benefiting from any service and/or feature and/or content and/or benefit provided by the platform (as defined below) or provided through it, the (“Service Applicant”) agrees to abide by the terms and conditions.

Definitions:

Unless the context dictates otherwise, the following phrases have the meanings specified next to each of them:

Platform and/or Portal: it is a secure platform that contains a package of digital services. It allows the service applicant to inquire about authenticated data of individuals or entities with government authorities, in accordance with the details of the services provided on the official website of the platform: https://developer.wathq.sa.

Applicable Law: the laws and regulations enforced in the Kingdom of Saudi Arabia and all binding references issued by the relevant authorities in the Kingdom.

Arrangement: any form of interaction, contract, or understanding through which the "service applicant" benefits from the database provided by the "service provider" as a result of "usage" for the purpose of querying this data.

Official Entity: government entities that retain, possess, or have jurisdiction over any database in any form.

Database: any collection of data, records, or sources of information held by the official entity.

Content: any data or documents provided by the service applicant on Wathq platform or through it (including, but not limited to, commercial registry data, legal agencies, and other data and documents), as well as the information submitted by the service applicant for the purpose of querying this data by the service provider.

Intellectual Property: what belongs to the owner/service provider in terms of copyright, patents, trademarks, trade names, rights to brand recognition, trade secrets, confidential information, and any other form of intellectual property rights in any country in the world. This includes intellectual property rights related to "the platform" and everything derived from or related to it, such as software, computer applications, and smartphone applications, as well as the right to register the rights and protect them through legal means.

Reasonable Use: The customary use of the platform for the user's own legitimate business purposes related to querying the available data through the platform and/or interacting with the service provider, in terms of format, volume of information, frequency of use, and timing, provided that it does not conflict with the use of any other user. Unreasonable use includes, but is not limited to, using applications or software provided by the service provider or the platform for purposes other than their intended use, downloading unnecessarily large content on the platform (if applicable), bypassing the protection of any program or application used by the platform, causing harm to it or disabling it, sending or distributing viruses, harmful software, or codes, erasing or damaging any data or information stored on the platform or published on it, linking accounts, ads, or comments to other sites with the intent of disrupting reasonable use, or posting or sharing any of the above on the platform or vice versa for the purpose of interfering with reasonable use.

Policies: the policies issued by the service provider for the purpose of regulating any aspect, service, feature, or benefit offered by the platform. This definition also includes any modification, rephrasing, or replacement of any of the mentioned policies, such as the privacy policy, among others.

Service Provider: THIQAH Business Services Company and the owner of Wathq platform are responsible for operating and developing the platform and providing data to those interested in querying it.

Service applicant/User: businesses and individuals who wish to inquire about the data and/or documents provided by the platform.

Usage: accessing, using, and/or benefiting from any service and/or feature provided by the platform. Other linguistic derivatives of this word (as a verb) are interpreted according to this definition.

Service Applicant's Data: any information or data that is required for registration and subscription to the packages offered by the platform to service applicants.

Terms Regulating Use:

1.     A service applicant can register (create an account) on Wathq, provided they fully comply with these terms and conditions. To do so, the service applicant must complete all the necessary information on the designated page within the platform. Then, the service user should use their username and password whenever they wish to use Wathq platform and inquire about the data.

2.     The service applicant is strictly prohibited from copying, altering, or modifying Wathq platform or attempting to access the source code used by the platform (or any programs or codes associated with the platform). It is also prohibited for the user to obtain any of the mentioned content through synthesis, analysis, or reverse engineering. Additionally, the service applicant is not allowed to create derivative works from any of the mentioned content, provide access to the platform from other websites, or provide access to other websites through the system without obtaining explicit written consent from the service provider.

3.     The service applicant or user is strictly prohibited from attempting to conduct a test, scan, or examination to identify vulnerabilities in any of the systems, websites, or the private network of Wathq platform.

4.     Wathq platform is accessed through subscription to the following packages, which are available on the official website of Wathq platform:

a. Trial Package: This package serves as a free trial for users, offering a limited number of specific queries and services for a specified period.

b. Basic Package: This package provides subscribers with an unlimited number of operations for all available services and products on Wathq platform, with operations billed monthly based on usage.

c. Prepaid Package: This package is offered as a prepaid option, where the subscriber pays the service fees in advance and receives a limited number of queries within a specified time frame, as per the selected plan.

d. Enterprise Package: This premium package offers an unlimited number of operations for all available services on Wathq platform. Subscribers enroll annually under a separate contract and receive exclusive additional features with this package.

5.     The service provider reserves the right to suspend the use of the platform or the service applicant's account based on reasonable grounds determined by the service provider. This will continue until the conditions set by the service provider for reactivation of use or the account are met.

6.     The service applicant acknowledges their responsibility for the accuracy, legality, and safety of the "content" they submit. This is essential in order to access the benefits provided by the platform and, in general, the service provider is in no way responsible for the service applicant's failure to obtain the intended service due to errors on the part of the service applicant in fulfilling the requirements specified in these terms and conditions or any of the policies. The service applicant also understands all the legal consequences that may arise from providing incorrect, inaccurate, outdated, unauthorized, incomplete information or documents during any usage.

7.     The service provider reserves the full right to suspend usage, close the platform, or block access to it at any time without incurring any liability of any kind and without the need to provide reasons.

8.     The currency for the amounts on the platform is the Saudi Riyal (unless stated otherwise). In the case of payment in another currency, the exchange rate adopted is determined by the service provider from whom the electronic payment gateway service was obtained.

Statements, Commitments, and Service Applicant's Guarantees:

1.     The service applicant declares that they have full legal capacity to use the platform, enter into current "arrangements" with service providers (based on the terms and conditions they publish on the platform or link to through the platform), and they undertake to fully fulfill their obligations under the "arrangements" they conclude. The service applicant acknowledges that the service provider is not responsible for these arrangements.

2.     The service applicant undertakes the following: (1) To ensure that the "Service Applicant's Data" provided is accurate, up-to-date, and valid. (2) To provide all information and cooperation requested by the service provider. (3) To use the "service" personally and solely for the purpose related to their self-owned business and not seek any commercial benefit from the use (such as selling any benefit, feature, or copy of the "service," or offering it to others, or obtaining compensation for what is provided, or using the platform in any form for financial gain) without obtaining written consent from the service provider. (4) To protect the password(s) and any other login data, always ensuring the security of the service applicant’s account and/or the platform from unauthorized access, misuse, or harm by anyone using the password(s) or login information belonging to the service applicant. (5) To notify the service provider immediately of any unauthorized use of the password(s) or login data or their illegal use. (6) To comply with all policies, these terms and conditions, and any directives or restrictions issued by the service provider regarding the use. (7) Not to engage in any illegal, offensive, or harmful use or seek to perform any of the above. (8) To adhere to the provisions of all applicable laws, regulations, guidelines, and policies governing the use. The service applicant declares the possibility of invoking these legislations - and these terms and conditions - directly against him, whether by another user, interested party, the service provider, or official entity. (9) To refrain from creating fake accounts or using aliases and always comply with the explicit or correct trade name.

Rights and Guarantees of the Service Provider and Liability Determination:

1.     The service provider shall not provide any form of guarantee or warranty, whether explicit or implicit, concerning the use of the platform or interactions with service applicants and/or official entities, and the service applicant accepts this.

2.     The service provider shall not be liable in any way for any loss or damage incurred by the service applicant as a result of the use, including indirect losses, loss of profits, business opportunities, data, damages to commercial reputation, or any other type of loss.

3.     The contracts that represent the "arrangements" between the service applicant and the service provider shall be established and shall be binding between both parties. The service applicant is responsible for conducting any necessary due diligence to verify the identity, capability, feasibility, and suitability of the service provider, as well as to ensure that the service provided aligns with the needs of the service applicant, and other practical considerations relevant to the service applicant.

4.     The service provider does not express, offer, or provide any declaration, warranty, guarantee, or recommendation for any (or about any) service provider and/or concerning any arrangement, and shall not be considered a partner or guarantor for the service applicant. The service provider is not legally responsible in any manner for any act, omission, or transaction between the parties under any existing "arrangement."

5.     The service provider has the right to add, modify, and/or replace these terms and conditions from time to time, with the amendments and replacements taking effect from the date of their publication on the official website of Wathq.

6.     The service applicant acknowledges that their account on the website is of a personal nature and can only be used by the service applicant themselves (directly or through authorized representatives). It cannot be transferred (sold), leased, or delegated to others. The service applicant is legally responsible for all actions, correspondences, and commitments made through their account.

7.     The service provider reserves the unilateral right to (1) modify any part of the platform or the services provided through it at any time, (2) publish advertisements/notices regarding the modifications deemed appropriate by the service provider, (3) delete any content and/or suspend any account without the need to provide reasons, and (4) amend these terms and conditions from time to time.

Guarantees:

1.     The service applicant guarantees the liability incurred by the service provider as a result of the “use” or the service applicant’s breach of these terms and conditions or their negligence, resulting from any actions, claims or suits, including costs, legal fees, attorney’s fees, and amounts paid in settlement for any of the above. 

2.     Without affecting the generality of clause (1), the service applicant guarantees and commits to the service provider that they will assume full responsibility for all actions and cases of negligence that occur through their account and/or by any of their agents, on a personal (direct) and joint basis.

Notifications:

1.     The service provider relies on the email address provided by the service applicant when creating their account on the platform and/or the messaging feature offered by the platform for the purpose of sending any notifications or correspondence related to these terms and conditions from the service provider to the service applicant. The service applicant is considered the recipient of the notification or correspondence as soon as it is sent to the mentioned email address or through the mentioned messaging feature.

2.     Correspondence directed to the service provider is not considered effective unless it is sent to the following email address: Support@wathq.sa, provided that the sender receives confirmation of receipt.

3.     The service applicant acknowledges that the service provider may, from time to time, send messages for marketing and promotional purposes of the goods and services offered by the service provider, its partners, or third parties.

The applicable law and judicial jurisdiction:

These terms and conditions are subject to the regulations and laws in the Kingdom of Saudi Arabia, and the service applicant acknowledges the exclusive jurisdiction of the courts located in Riyadh, Kingdom of Saudi Arabia.

General Provisions:

1.     The Arabic language is the governing language for these terms and conditions. In case of any discrepancy between the Arabic version and its corresponding English translation, the Arabic version of these terms and conditions prevails.

2.     The service applicant acknowledges their acceptance of the fact that all statements, commitments, and warranties made under these terms and conditions are directed towards them directly.

These terms and conditions, as modified from time to time, along with the "Policies," constitute the entire agreement between the "Service Provider" and the "Service Applicant" with respect to the "Use" of the "Official Platform of Wathq" and the receipt of services and benefits available through it.