TERMS OF SERVICE

Welcome to Emdad Digital Platform. Emdad Digital Platform Co. is a leading platform in the field of digital brokerage. It offers an opportunity for suppliers to sell products, contract with several buyers, and open up to e-marketing. It also offers an opportunity for buyers to browse, search, and communicate with suppliers to purchase listed products or services, in an effort to ensure fair guarantees between different parties, upgrade the level of quality, and accelerate the procedures followed by them.

The terms and expressions mentioned in the Terms of Use shall have the meanings ascribed to them: Service: It means a set of services provided through the Platform, such as product orders, quotations, and buying and selling transactions made between buyers and suppliers, in addition to other transactions that can be accessed through the use of the Platform's websites, applications for smartphones and other technical tools.

- Platform: It means the website(s), applications, tools, or platform of Emdad Digital Platform Co. through which the service, subject matter of the contract, is made available.

- User: It means a natural or legal person who uses computers, smartphones, or other smart tools to access the Platform and its services through the user account which is a fixed technology to connect the user. A user account determines whether the user can connect to a computer or a similar network or networks or not. A user account is one of the best ways to authenticate the system and have the necessary access to the Platform.

- Buyer: It means a natural or legal person who has the capacity and right to contract and buy. A buyer uses the Platform and has the right to access its features and services and conclude contracts as a buyer.

- Supplier: It means a natural or legal person who has the capacity and right to contract and supply goods. A supplier uses the Platform and has the right to access its features and services and conclude contracts as a supplier.

- Force Majeure:
It means the general events that affect the users of the Platform and prevent the implementation of the legal obligations that arise between parties, such as natural disasters, like earthquakes, volcanoes, and floods, acts of war, any local or national emergency, invasion, compliance with any order or request by a local authority, county authority, port authority, or other public authority, civil war, acts of terrorism, (biological, chemical or nuclear) explosion, insurrection, riot, civil commotion (immediate or imminent threat, so that it cannot be prevented by any means or by resorting to a public authority, or any justified fear of the occurrence of any of the foregoing events), airport closures, electronic piracy, sudden technical downtime, or any other exceptional or catastrophic event or circumstance.

- Main Account:
It means the main account of the Company, which has all powers based on which powers are granted to the sub-accounts. It is the account registered with the Platform, and whose owner meets all the registration and representation requirements mentioned in the use policies.

- Sub-Account:
It means an account created by the main account for one of its employees or whomever it deems appropriate, and grants it the powers it desires, to carry out its activity and to be responsible for all its actions.

Personal Information: Any private information related to a natural or legal person. For the purposes of this Agreement, and where the context so requires, the terms “you” and “your” shall mean any person who uses the Platform or services in any way, including, but not limited to, persons that browse and/or search the Platform and its contents or post comments, use the chat feature or any content or respond to any advertisement, products or content listed on the Platform.

(Part 1: General Terms and Conditions) Preamble: These General Terms and Conditions define the features of the main Agreement made between the person wishing to use the Platform and its features and Emdad Digital Platform Co. They govern the use of the Platform and the services available on it. These General Terms and Conditions provide information about the conditions based on which Emdad Digital Platform Co. agrees to allow access to and use of the Platform. Please print a copy of these General Terms and Conditions and refer to them when using the Platform or any of its services.

1. Acceptance of the Terms of Use: 1.1 The provision of the Platform and its services shall be subject to the terms and policies of privacy and use. Registration on the Platform, or using the services provided on it, and clicking the “Accept” icon in the field of terms and privacy policy shall be deemed an acknowledgment that the Terms of Use and the Privacy Policy have been read, understood, agreed to, and adhered to. 1.2 The use of any part of the services provided on the Platform shall be deemed an implicit consent by the user to abide by any guideline for such service, which can be changed and/or updated from time to time at the Platform’s discretion. Such changes shall be effective as of the date on which they are published on the Platform according to the mechanism and policy set forth in this Agreement. 1.3 The Platform shall have the right to make any partial and/or full modification and/or update to the Terms of Use, Privacy Policy and/or any guideline to any service provided on the Platform, at its absolute discretion and at any time. 1.4 The updates of the Terms of Use and the Privacy Policy and the guidelines shall not apply retroactively. If any future amendments and/or updates are not acceptable to a user, it shall stop using the Platform and its services. If the user continues to use the Platform and its services after any of such amendments, updates and /or modifications are published, this shall be deemed an implied acceptance by the user. 1.5 The Platform shall notify users through one of the means of communication approved by the parties to update the Terms of Use, Privacy Policy and guidelines, in order to obtain its approval. Such updates shall be effective as of the date on which they are published on the Platform. The user shall be responsible for checking the latest terms and conditions and keeping a copy thereof. The use of the Platform after notification shall be deemed an implied acknowledgment of the user's consent. 1.6 The Platform shall have the right to provide a translation for the Arabic version of such terms and conditions into other languages. The Arabic version shall prevail and govern the terms of the relationship between the user and the Platform, regardless of any other translation available. Furthermore, in the event of a discrepancy between the versions, the Arabic version shall prevail. 1.7 The Platform shall have the right to monitor the use from time to time, for security purposes and within the limits it guarantees, by using human monitors or automated programs to mark certain words associated with spam or scams sent from one user to another on the Platform. Communication between users shall take place using communication features that are available for the service and the Platform and may only be used in accordance with these Terms and Conditions.

2. Description of Service and Content Policy: 2.1 This Platform allows its users who are bound by its terms to submit buyers' requests for products and commodities, submit suppliers' offers, and make sale and purchase transactions according to what is agreed upon between the contracting parties on the Platform. 2.2 This Platform provides a digital brokerage service between the supplier and the buyer and between the service requester and the service provider. Other than what is stipulated in this Agreement, the Platform shall not provide any warranty or guarantee and shall bear no responsibility for any disputes with a third party whatsoever nor for any product sold or bought, listed services, or content promoting any kind of investment opportunity. It shall not be responsible for any returns, refunds, or disputes arising between users of the Platform. The Platform and its services can be used at the user's own risk and to the extent permitted by law. 2.3 It is prohibited under this Agreement to offer, request or promote any services or products which are prohibited by Sharia or violate the applicable laws, whether inside or outside the Kingdom, including, but not limited to: tobacco products, derivatives thereof and narcotic products. The user shall solely bear the consequences and legal effects related to offering, requesting, or promoting such goods or services. 2.4 Clicking the “Accept” or “Approve” icon or any word indicating the same, whether in purchase orders or sales orders, providing or requesting any service, or undertaking any obligation on the Platform, shall be deemed an approved and enforceable signature by the user. The user shall solely be responsible for all legal effects arising from or as a result of the same.

3.Third Party Terms and Conditions Some of the services provided on the Platform by users shall be subject to additional terms and conditions between the parties, as they wish. The contracting party and the user shall bear full responsibility for reviewing such special terms and conditions before benefiting from the service or before concluding the deal (including, for example, their own terms and conditions, regarding payment, cancellation, warranty, liability, and other provisions). The terms and conditions of the parties may differ and may be amended from time to time without prior notice. Such terms and conditions contained in this Agreement shall form an integral part of it. Third parties shall have the right to enforce their terms and conditions in a way that does not conflict with this Agreement, which shall be valid and binding with regard to the services described in these Terms of Use.

4. License to Use: Subject to the rest of these Policies and Procedures, the Platform shall grant the user, by to the user’s acceptance of this Agreement, a limited and revocable license to use and access the Platform in accordance with these Terms and Conditions. The Platform reserves the right to revoke or suspend any or all of these licenses at any time, if any part of this Agreement is breached.

5. Duration, Termination and Suspension: 5.1 Unless otherwise agreed upon, this Agreement shall enter into force on its date and immediately when it is approved by the parties. 5.2 The rights granted to the user under these Terms and Conditions shall be subject to the restrictions contained in this Paragraph. The Platform shall have the right to immediately terminate, restrict or suspend the service retroactively without notice if any of these restrictions is violated or if the Policy of Use is violated in general: It is prohibited to modify, create derivative works for, disassemble, compile or reverse engineer any part of the Platform or any of its contents. Therefore, the Platform reserves the right to take all legal measures to preserve its rights. Access to the Platform for the purpose of creating a similar or competitive application, website, platform, product and/or service is prohibited, and you may not do so.

1. It is prohibited to harass or abuse other users and/or contracting parties, whether by means of threats, stalking, spam, junk mail, chain mail and/or any other form of harassment and/or abuse.
2. It is prohibited to violate the privacy of other users, either by violating applicable privacy laws, or soliciting personal information for purposes of harassment, exploitation, commercial activities, promotional activities, or any other reason contrary to the reason for issuing such information.
3. It is prohibited to upload or transmit viruses or other harmful, disruptive or destructive files.
4. It is forbidden to act in a culturally or religiously offensive manner in any way. All acts of the user during the use of the Platform and its services shall be consistent, at all times, with applicable laws. In addition, Islamic culture, morals, values, moral principles and general traditions shall be observed.
5. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Platform shall be subject to these Terms and Conditions.

6. The Ability to Accept the Terms of Service: Accepting this Agreement shall be deemed an acknowledgment by the user that it has full legal capacity to act on its own behalf or on behalf of others, that it has no impediments to capacity in accordance with the applicable laws, and that it is fully capable and qualified to conclude, adhere to, and comply with the terms, conditions, obligations, assurances, undertakings, agreements, and guarantees stipulated in this Agreement. In the event of the expiration of the mandate or the executive presidency, or of the loss of the capacity to act, the user shall immediately stop using the services and notify the Platform of such. The user shall solely bear responsibility for any further action that gives rise to a legal effect.

7. General Provisions: 7.1 With regard to filing any claim or dispute that arises, or may arise, between the user and the Platform (or any relevant third party) that is in any way related to the terms and conditions, any dispute shall be resolved in accordance with the laws of the Kingdom of Saudi Arabia. 7.2 Unless otherwise agreed upon as an exception, in the event of disputes or claims that arise, or may arise, between the user and the Platform (or any relevant third party) that are in any way related to or arise out of these terms and conditions or due to use of or access to the Platform, its services, agents, or any products or services sold, provided, or purchased through the Platform, they shall be resolved amicably within (90) days. If amicable settlement is impossible, the dispute shall be referred to the Saudi Center for Commercial Arbitration for final settlement. 7.3 The terms, conditions, policies, and agreements published on the Platform shall represent the full understanding and agreement between the user and Emdad Digital Platform Co., and shall supersede all previous understandings and agreements, if any.

8. Disclaimer: 8.1 The role of the Platform shall be limited to brokerage and providing digital solutions only. The Platform shall not bear any responsibility for disputes that arise between the user and third parties, whether in the past, present, or future. The Platform shall not be responsible for any direct, indirect, or special damage or losses, whether punitive, incidental, or consequential, including any loss of production, loss of profits, loss of revenue, loss of contracts, loss of or damage to goodwill, or loss of claims, whether such real (or alleged) damage results from a breach of contract, tort liability, or otherwise. Under this Agreement, the user agrees to release the Platform, its employees, agents, and affiliates from liability for disputes arising between it and third parties. 8.2 The transactions made between the buyers and the suppliers shall be subject to the terms and conditions of the required service, so that the Platform shall not provide any guarantees regarding the quality of services provided by the suppliers or regarding the extent of the buyers' commitment to pay, or any guarantee that the services are available at any time throughout the period of using the Platform. The Platform shall not bear any responsibility towards them in any way. 8.3 The Platform shall ensure the quality of the digital services provided through it and improve the customer experience, by monitoring operations and chasing possible frauds through its indicators. In the event of electronic piracy or any electronic failure that is beyond the Platform’s ability to control, this shall be deemed a force majeure event. The Platform disclaims any liability for any legal effects resulting from that, unless the Platform's failure is proven. 8.4 Due to the need to improve the quality of services provided on the Platform, the technical team shall carry out periodic maintenance for the Platform. The Platform shall notify the user of the periodic maintenance time. The user shall solely bear the responsibility for using the Platform at the time of maintenance if such use results in any legal effect or harm.