General Terms and Conditions of Use

Wadaie Platform (the “Platform”) is a time deposit aggregator platform that enables investments into time deposits and connects clients with banks in the Kingdom of Saudi Arabia (“KSA”).

The Platform is provided by Wadaie Fintech Company, a company registered in the KSA with commercial registration number 1010831473, which has been permitted by the Saudi Central Bank (“SAMA”) to pilot a time deposit aggregator platform within SAMA’s Regulatory Sandbox (the “Company”, “we”, “our” or “us”). The Company may from time to time elect (in its sole discretion) to replace the entity that provides the Platform and at such time these Terms shall be binding as between you and such entity.

To contact us, please email us at our e-mail: [email protected] or call us at our telephone number: 8001242288.

Capitalized terms used in these Terms have the following meanings:

“Bank” means a banking company licensed by SAMA under the Banking Control Law that is authorized to accept deposits;

“Client Bank Account” means an account at a Bank held by you in your name;

“Deposit Management Account” means an omnibus account titled ‘Deposit Management Account – Wadaie Fintech Company’ opened by us in our name with a SAMA licensed banking company in KSA to be able to provide the services to you;

“Force Majeure Event” means any act or event beyond our reasonable control, including without limitation strikes, lockouts, civil commotion, riot or other civil or labour disturbance, invasion, war or terrorism or threat of war or terrorism, act of any governmental authority, political, military, economic or monetary events, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or malfunction of any equipment, failure of or the effect of rules or operations of any funds transfer system or where performance by us of the services may or will result in a violation of applicable law or regulation;

“Master Investment Agency Agreement” means the agreement prepared by us and signed by you which, together with these Terms, sets out the key terms and conditions on which we will provide the services to you;

“Platform Account” means an account created by you on the Platform to use the Platform.

“Privacy Policy” means our privacy policy, as may be updated from time to time, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

“services” means: (a) provision of the Platform to you; and (b) execution of Transactions on your behalf in accordance with the Master Investment Agency Agreement.

“Terms” means these general terms and conditions of use of the Platform;

“Time Deposit Account(s)” means account(s) opened by us in our name with the Banks with whom deposits will be placed for making the Transactions;

“Transaction” means placing or withdrawing an Islamic term deposit to or from a Time Deposit Account;

“you”/“your” means the natural or legal person to whom the services are provided, as described in the Master Investment Agency Agreement.

By using our Platform, you confirm that:

you accept and agree to the provisions of: (i) these Terms; (ii) the Master Investment Agency Agreement; and (iii) the Privacy Policy (as defined below), and that you confirm that you have read, understood and agree to comply with them;

you are able to receive information, including notices of amendments to these Terms, either through communications posted on the Platform or such other means as set out in these Terms, in accordance with the Privacy Policy (as defined below);

Each person accessing the Platform using the relevant credentials and log in details created on the Platform for your Platform Account, has all due authority to act on behalf of any person for whom the Platform Account was created.

You agree to communications being made, and to the delivery of the Terms and/or any agreements by and between us, or changes thereto, via electronic media (including, without limitation, electronic messaging, website postings, email, or other electronic means).

You agree that the electronic delivery of notices, policies and records of transactions initiated or completed through the Platform and/or in relation thereto as well as any digitally enabled signatures, shall be deemed to satisfy any legal requirements that a communication should be ‘signed’ and ‘in writing’. Accordingly, any such documents that are delivered to you electronically are deemed to be ‘in writing’.

You waive any right to claim that any electronic confirmation, agreement, validation or registration is invalid due to lack of any physical signature or attestation.

If you do not agree to these Terms, as amended from time to time, you must not use our Platform. We recommend that you print or save a copy of these Terms for future reference.

These Terms refer to the following additional documents, which also apply to your use of our Platform:

Our Privacy Policy. By using our Platform, you understand and agree to our Privacy Policy and our processing activities and you warrant that all data provided by you is accurate.

The Master Investment Agency Agreement, which you will be required to enter into in order for us to provide you with services through the Platform. By using our Platform, you consent to the terms of, and acknowledge that your use of the Platform will be subject to the terms of, the Master Investment Agency Agreement (including the disclaimers therein), and you acknowledge receipt of the details of the Deposit Management Account and a copy of the Master Investment Agency Agreement.

Where there is any inconsistency between the provisions of these Terms, the Privacy Policy and the Master Investment Agency Agreement, the Master Investment Agency Agreement shall prevail.

To use the services offered on our Platform, you must have satisfied the Company’s requirements for client onboarding, created a Platform Account to use the Platform and entered into the Master Investment Agency Agreement. We will hold all funds transferred by you to us in the Deposit Management Account. Any amount in the Deposit Management Account, subject to the terms of the Master Investment Agency Agreement, will be held for executing Transactions upon your instructions. Details of how much money you have deposited in the Deposit Management Account to fund your investments in time deposits and all investments made and returns earned in respect of that account will be available to you via the Platform Account. The Deposit Management Account and the Time Deposit Account(s) shall be subject to the terms and conditions of the Banks with which such accounts have been opened.

Subject to the Master Investment Agency Agreement and the terms of investment in the time deposits, you will be entitled to all amounts deposited by you in the Deposit Management Account or, on your behalf, in any Time Deposit Account.

We reserve the right to close, without prior notification and at our discretion, any Time Deposit Account or Deposit Management Account in relation to which there are no outstanding Transactions.

All instructions to execute Transactions shall be made by you via the Platform. We will use our reasonable endeavours to execute Transactions on your behalf in accordance with these Terms and in accordance with the relevant Bank’s required procedures. Once executed, a confirmation of the details of the Transaction will be shared with you via the Platform. All payments to or from a Time Deposit Account or the Client Bank Account will be made to or from the Deposit Management Account. All Transactions, on your behalf, will be executed from the balance available in your Platform Account.

You acknowledge and agree that execution of any of your instructions or related Transactions shall be subject to SAMA rules and regulations and that we will not be liable to you for any disruption, interruption, cessation of service or failure to execute any instructions that will place us in a position of non-compliance with any such rules and regulations. You have read and understand the limitations prescribed by SAMA in relation to recipients/users of time deposit aggregation services and the Platform and agree to, at all times, comply with and be bound by such limitations.

We make no guarantee to you as to the successful execution of any Transaction or the level of profit that may be realised by each Transaction executed on your behalf.

The Transactions may actually be executed at different rates and on different terms as the rates displayed on the Platform are indicative rates only. Where the profit rate at the time of execution of the Transaction is lower than that displayed on the Platform, we will use reasonable endeavours to contact you to confirm if you still wish to proceed with the Transaction. We shall have no liability to you where profit rates differ from those contained on the Platform.

Any losses suffered due to your failure or delay in giving us instructions prior to or at maturity of any deposit or as a consequence of any funds being held in the Time Deposit Account or Deposit Management Account awaiting instruction from you.

Any loss or damage suffered by you as a result of unavailability of the Platform for whatever reason;

Any default of any nature whatsoever, by any Bank holding the Deposit Management Account or the Time Deposit Account in relation to returning the amount of deposit placed with such Bank or the profit on such deposit;

Any loss or damage suffered by you as a result of any Bank holding the Deposit Management Account or the Time Deposit Account going into liquidation or a receiver, trustee, administrator or other insolvency practitioner being appointed or any insolvency proceedings being initiated against such Bank;

Any loss or damage suffered by you as a result of our performance of these Terms or the Master Investment Agency Agreement;

Any loss, damage or failure to perform, or delay in performance of, the services under these Terms or the Master Investment Agency Agreement that is caused by a Force Majeure Event.

We may undertake an electronic anti-money laundering check for the purposes of verifying your identity and address. To do so we may check the personal details you have provided on any electronic database (public or otherwise). If we cannot verify your identity (initially or on an ongoing basis), we may ask you to provide certain original documents or refuse to onboard you, close any accounts you may have with us and/or cease to provide you with any services.

You acknowledge and agree that, where required, we may disclose information about you to Banks or government or regulatory agencies (including SAMA) for the purposes of anti-money laundering and terrorist financing checks or fraud prevention and as otherwise may be required by law or regulation.

We may amend these Terms from time to time with immediate effect in order to comply with applicable laws and regulation or as a result of operational upgrades or changes to the Platform. You may be notified after such amendments are implemented through the Platform from time to time.

Otherwise, we will communicate to you any other amendments to these Terms via your registered email and/or on our Platform thirty (30) days prior to implementing such amendments.

You acknowledge that any such amendments communicated to you are received by you from the date of such communication. You further agree that you will be considered to have consented to any amendments made to these Terms upon using the Platform after receiving the abovementioned communication.

In addition, our Privacy Policy may change with immediate effect and without prior notice. Please check to the Platform regularly to ensure you are aware of the latest version of the Privacy Policy from time to time.

We may add, modify or discontinue any feature, functionality or any other tool, within the Platform, at our discretion and without notice. However, if we make materially reduce the core functionality of the Platform, then we will notify registered users by posting an announcement on the Platform or by email.

We do not provide any representation or warranty in respect of the fitness for purpose or otherwise of any software. Nor do we take any responsibility for updates, or lack of updates, to the software available to you from time to time.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business or operational reasons. However, if we suspend services or the Platform for any substantial period of time, or withdraw, any part of the core functionality of the Platform, then we will notify registered users by posting an announcement on the Platform or by email.

You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our account opening security procedures, you must treat such information as confidential. You must not disclose your Platform Account details or any user identification code to any third party, and you must adopt security measures to avoid access by third parties to your log in details and other security information.

Transactions may be irreversible: Some transactions/messages sent from one account to another may be irreversible once the transaction/message details have been submitted to the Platform. You understand and agree that we may not be able to assist you in cancelling or otherwise modifying your transaction/message or transaction/message details. You are solely responsible for any user errors that result in unintended transactions/messages, such as mistyped transaction/message instructions.

No Support Guarantee and Usage Risk: we do not guarantee technical or user support for the Platform. You understand and agree that your use of the Platform is at your own risk. We will endeavour to provide reasonable support but may not be able to assist or resolve any technical issues, including recovery of any lost or inaccessible user details or assets.

You will ensure that the username/ID and password in relation to the use of the Platform and related services, and all other log in and access information provided, will only be used by you and will not be disclosed to any other person.

You will avoid choosing numbers, passwords etc. which may be easy to guess such as birthdays and telephone numbers.

You will adopt security measures to avoid access by third parties to your log in details and other security information.

You will be liable for all orders, confirmations, notices, information and instructions given through the use of your log in details and any such items received in this manner by us shall be considered to have been given by you.

You are granted an exclusive and non-assignable right to the use of and access to your Platform Account and it is your responsibility to ensure that no third party will have access to your Platform Account.

Frequent access and logins to the Platform Account via different IP addresses from different countries and/or via the use of VPN are indications that may reasonably lead us to believe that these Terms have been breached.

We have the right to disable any user identification code or password (and your Platform Account), whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

The technical requirements, including your IT equipment, operating system, and internet connection shall comply with the requirements of the Platform. You shall enter your username/ID and password when logging on to the Platform. You shall memorise the password. Entering an incorrect password exceeding the allowed attempts will result in you having to complete a CAPTCHA or other security verification measures.

If you: (i) know or suspect that anyone other than you knows your user identification code or password; or (ii) suspect any unauthorised or irregular transaction was recorded on your account or you receive a similar inaccurate or conflicting statement or any information, you must promptly notify us by emailing at: [email protected].

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, without obtaining our written consent first. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors. Where you use personal data, you must comply with our Privacy Policy and your obligations under the applicable data protection laws and regulations.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Other than in respect of services provided under any Master Investment Agency Agreement entered into with us, the content on our Platform, and information you receive through our Platform is provided for general information only and may be based on information provided to us which is not independently verified. You should not seek to rely on any such information and seek your own professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

advising you on the suitability of any investments;

advising you on which Banks are appropriate for your deposits or investments;

advising you on the impact that the deposit(s) will have on your position (legal, tax or financial); or

undertaking that you will receive a guaranteed rate of return on your deposit(s).

Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only and we have no responsibility for any of the content on such third party sites nor can it be assumed that we have reviewed or approved such third party sites or their content whether they be sites provided by us or otherwise. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources and we accept no liability for content or loss caused as a result of using such third party sites, nor do we warrant that such links work or are up to date.

Any and all services being provided to you from time to time may be disrupted, altered or reduced as a result of any cyber-attack by a third party. We have no responsibility to you in this regard and shall not incur any responsibility whatsoever for loss caused by such third-party event, irrespective of the susceptibility of its systems and maintained software.

You acknowledge and agree that we bear no responsibility for any actions or omissions of third parties nor do we bear any responsibility for any damage and/or loss and/or expense caused to you, and/or third parties as a result of and/or in relation to any aforesaid action or omission.

We have the right to remove any data you create on our Platform in our sole discretion.

You are responsible for securing and backing up your content, if applicable. We will back up data registered users' Platform Account data for a period of at least 12 months from the date of creation of such data unless the Platform Account data is required in line with our obligations explained in our Privacy Policy or otherwise required to be retained under applicable regulations.

does not violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party;

is true, accurate, complete and complies with all relevant laws; and

information that is discriminatory or promotes discrimination;

information that is defamatory, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable, or that may be considered culturally or religiously offensive in any way;

anything which may not be considered to be in compliance with law, Islamic law, rules, morals, values, ethics and traditions; or

information that may threaten the national security of any country.

You shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives/affiliates against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to:

any act or omission by you in the performance of your obligations under the Terms; and/or

your usage of the Platform, including all usage of the Platform by any person using your log in details or credentials, whether stolen or otherwise, except when you have notified us of such incident immediately upon discovering that your log in details or credentials have been stolen, and prior to any orders or messages having been made by such unauthorised users, provided that your notice is made during business hours during which banking institutions are open to the public for business in KSA, unless such access information is retrieved as a result of a breach by the Company

This indemnity shall survive any termination of these Terms.

We take no responsibility for the operation of the Platform, software or other services or functionality available to you and no assurance is provided that such items will be continually available, free from outages, free from modifications and not discontinued. No usage permitted to you comes with any representation regarding it being in working order or suitable for you. It is your responsibility to fully assess usage and reliance on the Platform and ensure you have adequate arrangements in the event the software available malfunctions, changes, is disrupted or discontinued from time to time.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.

We are not in any way responsible for or involved in any third party services provided via communications made on the Platform, and you acknowledge that we shall have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, in relation to the same.

use of, or inability to use our Platform; or

use of or reliance on any content displayed on our Platform, including any incorrect tracking data.

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

We will not be liable to you should your computer system or mobile phone or tablet fail, get damage, destroy and/or format your records and data. Furthermore, if you incur delays or any other form of data integrity problems that are as a result of its hardware configuration or mismanagement, we shall not be liable. We are not responsible for use of the Platform by users residing in or nationals of countries where services provided through the Platform are prohibited.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so, such as liability for fraud.

The information we hold about you is to assist us in providing the Platform to you, including the opening of the Platform Account and the provision of the services to you. By using the Platform, you accept that we may possess your information for these purposes and that we may pass it on to a Bank for these purposes. You hereby confirm your understanding of how we process your personal data. You understand that we process your personal data where necessary including:

collecting data relating to your use of our service to enable us to provide our service to you; and

analysing your data for research and product development purposes.

In particular, you understand that by using our services that we may disclose, transfer or share your personal data, so far as is reasonably necessary, with other parties, for the purposes of entering into or performing any of its obligations under these Terms and for any purposes connected with the services offered and provided to you by us or any other entity provided that your data will not be transferred to or stored outside of the KSA.

You further acknowledge and agree that all personal data that we hold related to you may be disclosed to the relevant authorities as required by applicable laws and regulations or to investigate or prevent fraud, money laundering, financing or other illegal activity (as described above).

You also hereby authorise us to use your company or business names and logos (as applicable) for marketing purposes (we will give you notice of any such use).

You may receive periodic emails or other forms of electronic communication from us with information on our services or other items we believe may be of interest, which (communications) can be declined at your option and at no cost.

The Platform, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme, graphics and data names are the sole and exclusive intellectual property ('IP') of us or of third parties and are protected by local and international intellectual property laws and treaties. These Terms do not convey to you any interest in or to the Platform but only a right to use the Platform in accordance with the conditions of these Terms. Nothing in these Terms constitutes a waiver of our IP rights or those of others.

You acknowledge and agree that all software codes used on the Platform are proprietary to the Company and you warrant and acknowledge that you will not: (i) seek to replicate or reproduce the software code, including for use on an alternate website; (ii) seek to alter or amend the software code in any way; or (iii) derive any software code from the underlying software code used on the Platform.

You acknowledge that you are responsible for any submissions provided through your username or password, and you, not we, have full responsibility for such submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit or abridge any submission for any reason and to disclose any submission as we deem necessary, including without limitation to achieve compliance with any applicable law, legal process or governmental request, all in our sole discretion.

Under no circumstances shall you obscure or remove any copyright, trademark or any other notices from any of our IP or website or Platform.

You undertake that you shall not at any time after you have been granted access to the Platform, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any Confidential Information (as defined below), and will prevent the unauthorised publication or disclosure of any Confidential Information, and will only use such Confidential Information for use through the Platform.

“Confidential Information” includes all information in whatever form (including in visual, oral or electronic form) relating to us, any Banks or any user of the Platform which is provided or disclosed through the Platform (or to any employees or agents) in connection with the use of the Platform which, for avoidance of doubt, shall include any information in relation to time deposits or related profit rates published on the Platform or otherwise made available to you.

You represent, warrant and agree that:

You have full power and authority to enter into these Terms, and have full power to execute and perform your obligations under these Terms.

You shall fully comply at all times with all applicable laws and regulations;

You own or have the authority to grant the rights and licenses granted to us by you under these Terms;

Any content you submit (if applicable) as part of your use of the Platform does not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not);

Any documents and information submitted during the account opening process are true, accurate, current and complete, and you will maintain and update all information as we may require;

You are solely responsible for obtaining all required licenses, permits and certifications for the content (if any) that you submit on the Platform; and

Neither you, your company (if applicable), its directors, officers (where applicable) nor your affiliates are the subject of any trade restrictions, sanctions or other legal restrictions of any country, international organisation or other jurisdiction.

Furthermore, you represent, warrant and agree that you will not:

Use the Platform to defraud any person or entity;

Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; or

Engage in any activity that would create liability for us.

We have the right to suspend your Platform Account, if there is a violation or suspected violation of these Terms, or if we have any other security concerns, or for any other, or no, reason.

The Platform may contain technological copy protection or other security features designed to prevent unauthorised use of the Platform, including features to protect against any use of the Platform that is prohibited. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.

You acknowledge that our Platform may be the subject of cyber-attack or other harmful events and that you may suffer harm as a result thereof, for which the Company will not be responsible or liable. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software. We will not be responsible in the event a third party gains access to your Platform Account or your details through any type of cyber-attack. We will seek to notify you should we be aware that the Platform has been compromised or attacked in line with our data protection obligations.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or do anything that will or may violate the integrity of the computer systems relating to the Platform or cause such system(s) to malfunction or stop their operation. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

For as long as you have a Platform Account, you may, with our prior written permission, link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Platform in any website that is not owned by you.

Our Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The Company may suspend your access to the Platform or the services for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.

The Company may suspend any and all services and access to the Platform generally at any time, its discretion, in the event of any technological malfunction, cyber-attack or threat, unauthorised access, events comprising to its systems or any other event which may impair its ability to maintain or operate the Platform or cause a loss to users or Company.

The following provisions of these Terms will survive any termination of your relationship with Company and continue to apply during any suspension: Intellectual property, Your responsibility for loss or damage suffered by us, Confidentiality, Miscellaneous and Governing law and complaints process, all provisions in relation to the use of the Platform and material/content posted on it as well as all liability exclusions and such sections which by their sense and context should survive any termination of these Terms.

Upon suspension or termination, you must not directly or indirectly access or use the Platform.

If you believe your account's termination or suspension was in error, please contact the following email: [email protected]

You acknowledge that these Terms, the Master Investment Agency Agreement and the Privacy Policy constitute legal and binding obligations on you, notwithstanding their electronic form.

The Company’s official language is the Arabic language.

You should always read and refer to the Platform for all information and disclosures about the Company and its activities. Translation or information provided in languages other than Arabic is for informational purposes only and do not bind the Company or have any legal effect whatsoever. Company has no responsibility or liability regarding the correctness of the information therein.

You accept that the Company may, for the purpose of administering the Terms, from time to time, make direct contact with you by telephone, short message service (SMS), email, or post.

The Company may perform any of its obligations, and exercise any of the rights under the Terms, through a third party. The Company may novate and assign any or all of its rights and obligations under the Terms to any third party without your consent.

These Terms, together with the Master Investment Agency Agreement and the Privacy Policy, shall constitute the entire agreement between the Company and you, in accordance with the provisions of applicable law, and shall prevail over any oral communication and/or previous written communication and agreements between you and the Company.

Should any part of these Terms be held by any court of competent jurisdiction to be unenforceable or illegal or contravene any rule, regulation or by law or decision of any relevant regulator, that part will be deemed to have been excluded from the Terms from the beginning, and the Terms will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Terms or the legality, validity or enforceability of this provision in accordance with the applicable laws, shall not be affected.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by Company shall constitute a waiver by the Company of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise.

Company currently makes use of cookies to help manage the Platform and its website and your visitor experience. Cookies are small text files made up of letters and numbers that are stored in your device when you visit particular webpages. These cookies may be used to collect analytics of non-personal visitor activity outlines, manage personal preferences, provide relevant or timely information to your or offer focused advertisements. Cookies set across its website and Platform, set by the Company’s third party partners or the Company, can be in the form of session or persistent cookies, and may use different technologies, such as JavaScript or Flash. If you would like to 'opt out' of the cookies set by the Company website and Platform, this can be accomplished on a cookieby- cookie basis subject to the browser settings. You may limit site and/or Platform operation or functions if you limit the cookies.

If you wish to complain about any of our services or the Platform, we have procedures designed to resolve your complaint effectively. Please contact us via the following means:

Email: [email protected]

Number: 8001242288

These Terms, their subject matter and their formation, are governed by the applicable laws and regulations in KSA. All unresolved complaints or disputes in relation to these Terms shall be exclusively and definitively resolved by arbitration pursuant to the Rules of the Saudi Center for Commercial Arbitration (the “Rules”) in force as at the date of the notification of the Dispute (which Rules are deemed to be incorporated by reference into these Terms by three (3) arbitrators appointed pursuant to such Rules. The language of the arbitration shall be Arabic. All documents submitted in connection with the proceedings shall be in Arabic language, or, if in another language, accompanied by an Arabic translation. The place and seat of arbitration shall be Riyadh.