条款和条件

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

By accessing, Using, and/ or availing from any service, feature, Content, and/or benefit made available by or through the Website (as defined below), the User 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, including rules issued by SASO in its capacity as a public authority acting within the powers vested into it by the law.

Arrangement: Any form of transaction/contract under which a User avails from the testing and inspection services offered by a Service Provider as a result of any Use for purposes related to issuance of Certificate of Conformity by SASO.

SASO: The Saudi Standards, Metrology and Quality Organization, a Saudi public authority pursuant to the Council’s Regulations on the Saudi Standards, Metrology and Quality Organization No. 216 of 17/6/1431, or any other entity that may take over its duties in part or in total.

CoC: The Certificate of Conformity issued in respect of a given product by SASO pursuant to a Use made by a User, and any other relevant decisions and modifications made by SASO in the same respect.

Content: Any data, information or material made available by the User on the Website or through it, (including without limitation, statements, representations, reviews, comments, data of whatever type or nature, pictures, signals, forms, etc.), a term which also includes the data provided by the User for the purposes of conducting testing and inspection by the Service Provider or for the purpose of issuance of a CoC by SASO.

Intellectual Property: The Operator'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 Website and all the Website related or connected programs, computer applications and smartphone applications, and the right to apply to register and enforce the foregoing rights.

Reasonable Use: Normal use of the Website made for lawful and actual business needs of the User in connection with the obtainment of the CoC 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 The Operator or the Website make available, using them other than for their intended purpose, uploading unnecessarily big Content to the Website, circumventing, harming or damaging any programs or applications used by the Website, sending or distributing bugs, viruses, harmful codes and the like, damaging any information or data kept by or published on the Website, linking any accounts, advertisements, or comments on other websites with the Website, publish the same on the Website or vise-versa shall all be considered forms of un-Reasonable Use.

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

Service Provider: Any technical conforming authority registered with the Website pursuant to a direct arrangement with the The Operator that is approved by SASO for conducting tests and inspections necessary for the issuance of CoCs.

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

User(s): Any person Using the Website.

User's Data: Any information or data demanded by the Website from a User that belong, pertain, and/or describe the User as such and/or the business thereof, such as data related to its name, trade name, standing with official authorities, national ID number, contact information, bank account information, commercial registration particulars, and data related to the product for which a CoC is sought and about the form of relation or connection it has over such product, etc.

Website: Means the website available at the following URL https://saber.sa, and all websites/ pages accessible via the website, the term also includes all corresponding computer and smartphone applications (on IOs or Android platforms), services and features the Website makes available, and all Intellectual Property pertaining thereto, and, where the context so allows, a reference to the Website shall also mean a reference to the The Operator.

2.Rules Applicable to the Use

 ·Provided that these T&Cs are complied with in full, and a personal account is opened with the Website, the The Operator grants the User a non-exclusive, non-transferrable, non-assignable, non-sub licensable, and a revocable right to access the Website and make any Reasonable Use.

 ·The User shall refrain from any Use that is not a Reasonable Use.

 ·A User may sign up (i.e. - create an account) with the Website, and for this purpose the User shall fill in all the required information in the relevant page within the Website, and shall then log-in with its designated username and password upon every intended Use

 ·User is not permitted to assemble, reverse engineer, copy, adapt, modify or try to obtain the source code that makes up the Website (or any underlying programmes or codes), make derivative work thereof, and/or provide a hyperlink to the Website (or vise-versa) without attaining the The Operator's express written consent.

 ·Currently, the Use of the Website is provided for free with the exception of payment by the User of dues entitled to the Service Provider and the official fees paid in return for each CoC. Should this change in the future, a notice will be published on the Website along with a statement on the charges entitled to the The Operator in return for usage of the Website (which charges may be varied or modified by the The Operator from time to time by way of publishing a fresh statement by the The Operator on the Website).

 ·The User shall refrain from any infringement to the rights of third parties in any jurisdiction, and shall ensure that no Content or Use infringe on any third party's right, such as, without limitation, exclusive commercial representations, exclusive licenses, third party intellectual property rights, etc..

 ·The The Operator maintains the right to cease all Website Uses by a given User or of a specific account on a reasonable ground decided by the The Operator, to the period of time it thinks fit, until the conditions it puts for re-activation of the right to use the Website or the account are completely fulfilled by the relevant User.

 ·The User 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 targeted CoC and or extraction of benefits from the Website ; however in no way the The Operator shall be held liable where the User does not receive the desired CoC or Website services due to a fault by the User in respect of fulfilling the requirements set out hereunder or under any of the Policies. the User 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.

 ·The The Operator maintains full right to suspend the Use, shut down the Website or deny access thereto at any time without this resulting in any liability on the same whatsoever and without the need to show reasons.

 ·Sums and amounts provided in the Website 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 the The Operator deals shall apply.

3.User's Warranties, Obligations and Acknowledgements

 ·The User represents that it is fully capable to Use the Website and to enter into valid Arrangements with Service Providers (per the terms they publish or hyperlink over the Website), and undertakes to fully respect the terms of the Arrangements it concludes. The User declares that it is aware of the fact that the The Operator is not a party into any Arrangement or a guarantor for the performance of any of the duties assigned to any of the parties pursuant to any Arrangement.

 ·User undertakes to: (i) ensure the User's Data it provides are correct and valid; (ii) provide information and any cooperation as reasonably required by the The Operator; (iii) not rely on any representations made by the The Operator (iv) only use the Website 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 Website in any way for obtainment of a financial benefit) without the explicit approval of the The Operator; (v) ensure that password(s) and any other access information are kept safe and secure and that the User account and/or Website are at all times protected from illegal access, misuse and damage by anyone making Use through User's passwords(s) or access information; (vi) contact the The Operator 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 the The Operator gives and restrictions the The Operator 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 User hereby acknowledges and declares that the provisions of such legislations -and these T&Cs- may be directly invoked against him by the The Operator, other Users, SASO, 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.

 ·The User acknowledges that the The Operator does not, and is not under the duty to, revise any Content, and as such may not be held liable for any such Content, and that the The Operator does not control or intervene with the decisions of the Service Providers and or SASO, and the User accepts that the The Operator disclaims all possible responsibility in connection with their decisions and the results of any of their acts.

 ·The User declares that it is aware of the fact that applying for a CoC and following up on CoCs submitted applications are subjected to the rules and requirements set forth in the relevant laws and enactments of SASO; the User is also aware of the fact that failure to comply with the applicable rules/requirements may result in non-granting the sought CoC or in granting the same in a quality that is not desired by the User.

4.The Operator's Rights, Warranties and Limitations of Liability

 ·The The Operator excludes all warranties and guarantees -whether express or implied- in connection with the Use or dealing with the Service Providers and or SASO, and the User accepts such exclusion.

 ·The The Operator shall not have any liability or responsibility to any User 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.

 ·Arrangements are binding contracts between the User and the Service Provider. The The Operator is not in any way a Party to any Arrangement nor does any statement provided in the Website be considered as a consultation, opinion (legal, investment, or otherwise), recommendation, or encouragement to enter into any such Arrangement or to conclude any legal transaction; it remains up to the User 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 User to determine that the services offered by the Service Provider fits with the needs and other practical considerations pertinent to the User, and the The Operator may not be held liable for any breach to the Arrangement or to a dispute between the parties thereto, such as, by way of example, claims of fraud, false representation, inducement, etc.

 ·The The Operator 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 User for any act, omission, or transaction between the parties in respect of any Arrangement.

 ·The The Operator 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 Website.

 ·Personal information pertaining to all Users, and in general any information or data provided into the Website at the time of opening the Users’ accounts are all freely offered for The Operator’s exploitation, which information includes contact information, product information, and the field of Users’ business ; the User also hereby gives consent to the The Operator to share such information with others or make such information available to others whether for value or free of any charges.

 ·At its sole discretion, the The Operator may: (i) change any part of the Website or the services available through it at any time (ii) make declarations/ circulars as to the changes that the The Operator 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

 ·The User shall indemnify the The Operator against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against the The Operator, arising out of a Use or breach of these T&Cs by the User or the negligence of the same.

 ·Without restricting the generality of the preceding paragraph (a), the User ensures and guarantees to The Operator 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 basis.

6.Notices

 ·Any notice or other communication in connection with these T&Cs by the The Operator to a User shall be via email to the email address provided by the User upon signing up or via the communication tool offered by the Website. Any notice shall be deemed to have been received by the User once it has been sent to the mentioned email address or served via the communication tool.

 ·Correspondences made to the The Operator shall not have any effect unless sent to the following email address ecare@saber.sa, and provided that a confirmation of receipt is sent to the sender.

 ·The User acknowledges that the The Operator may from time to time, send electronic messages to market or promote the The Operator, The Operator’s partners, or third parties goods and services.

7.Governing Law and Jurisdiction

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

8.General Provisions

 ·The Arabic version of these T&Cs prevails over the English translation thereof.

 ·The User hereby declares and accepts that all representations, statements, undertakings and warranties made under these T&C’s on its part are -in addition to the The Operator- valid to Service Providers with whom Arrangements are made, SASO and any other Users, 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 User.

 ·The T&Cs -as may be amended from time to time- and the Policies constitute the entire The Operator-User contract as to the Use of the Website and availment by User of the services and benefits which the Website offers.

Terms & Conditions of Issuance of certificates of conformity for non-commercial products Click Here