General Terms & Conditions

 

Please read these Terms of Service carefully before accessing or using our Application/Website. By accessing or continuing to use any part of this Application/Website, you confirm you have read these terms and have sought legal advice to the extent you deem sufficient.

You consent to be bound by these Terms of Service and acknowledge they may affect your rights and liabilities. These Terms of Service govern your use of this platform, as well as the basis for purchase by you as facilitated by us, of the products, described on this Application/Website.

By visiting our application and/or purchasing goods from this Application or our Website owned by SBAN Commercial a Company duly organized and existing under the laws of The Saudi Arab, with registration number DMCC-850302 (the "Company”), you enter a legally binding agreement with Us on the following Terms of Service.

General:

SBAN Commercial owns certain Software (as defined herein) that it has developed and makes commercially available to its customers for use as a cloud-based, hosted service offering (the "SBAN Commercial”, as more fully defined below) together with one or more mobile applications (each a "SBAN Commercial application”).

This SBAN Commercial Online Platform/ SBAN Commercial Application is owned and operated by the Company and its associates, related parties, successors, and assignees/agents (collectively hereinafter referred to as "Provider”, "us”, "we” or "our”.

In connection with the use of the SBAN Commercial Online Platform/Application you and your organization or corporation (the "End-User”) hereby agree to the terms of service and conditions contained herein (collectively, the "Terms of Service”).

The terms and conditions set below apply to (i) any person accessing, downloading, or simply viewing the content on or available through the SBAN Commercial Online Platform and/or Application, (ii) Any person supplying in any way the following information: full name, email address, contact number, delivery address.

By accepting these terms of service, either by accepting the terms of service online, using or accessing SBAN Commercial Online Platform/Application, the End-User acknowledges that it has read and understood all the provisions, and has the authority to agree to, and is confirming that it is agreeing to, comply with and be bound by, all the terms and conditions contained herein.

If the End-User does not accept or agree to the terms and conditions contained herein after reading the terms of service, the End-User shall not use or access the SBAN Commercial Online Platform/Application.

Section 1: Interpretation

In these Terms of Service, the following words and expressions have the following meaning:

(a) "Account” means the End-User account on the SBAN Commercial Online Platform/Application as described in section 4 hereof.

(b) "SBAN Commercial Service” refers to any service provided by SBAN Commercial or its appointed representatives, digitally or otherwise, including but not limited to the following -

a. "SBAN Commercial Application” means the SBAN Commercial mobile application for accessing and using the SBAN Commercial Online Platform.

b. "SBAN Commercial Online Platform” means SBAN Commercial proprietary hosted software-as-a-service offering comprised of the SBAN Commercial Web Application and the SBAN Commercial Mobile Application, which resides on a server operated by [server name], and which will be remotely accessible over the Internet by End-User, together with any ancillary services available in connection therewith, as may be updated from time to time by SBAN Commercial in its sole discretion.

c. "SBAN Commercial Web Application” means the website at https://www.sban.com.sa/ and/or any other website through which the SBAN Commercial Products are made available by SBAN Commercial.

(c) "Data Protection Laws” means the Law on Protection of Personal Data enacted in the Territory and other related legislation.

(d) "End-User” means an individual or entity which has accepted these Terms of Service and created an Account to use the SBAN Commercial Online Platform.

(e) "Quote” means the quotation or offer sent by SBAN Commercial to the End User including the specific terms and conditions of the transaction including but not limited to; quantity, quality, product description, delivery conditions.

(f) "Products” means any construction materials and/or services offered by Supplier to the End-User for purchase and delivery through use of the SBAN Commercial Online Platform.

(g) "Supplier” means an entity that is in the business of selling construction materials and/or other goods as configured on the SBAN Commercial Online Platform and has entered into an agreement with SBAN Commercial for the sale and delivery of Products to an End-User.

Section 2: SBAN Commercial Online Platform

2.1 Eligibility and right to use

The End-User presents and warrants that:

(a) You are 18 years of age or older;

(b) You have the capacity to form a binding contract; and if you are an agent or employee of the End-User then you hereby represent and warrant that: (i) the individual accepting these terms of service is duly authorised to accept these terms of service on the End-User’s behalf, and (ii) the End-User has full power, corporate or otherwise, to enter into these terms of service and perform its obligations hereunder;

(c) You are not a person barred from accessing or using the software under the governing laws of the Terms and Conditions;

(d) Your access or use of the Software does not violate any applicable law or regulation;

(e) You will keep your contact information accurate and up-to-date;

2.2 Remedy to Misrepresentation

(a) In connection with your use of any service provided by SBAN Commercial in representation of any corporation, partnership or organization, stated or otherwise implied: you as an individual warrant your authorization to enter contract on its behalf.

(b) In the event of misrepresentation, you undertake that any executed contract such as an agreement to purchase have been executed ab-initio with you as the counterparty, and further irretrievably indemnify SBAN Commercial from other costs and damages incurred from misrepresentation.

2.3 Restrictions

End-User shall not (and shall not allow any third party to):

(a) Possess, download or copy the SBAN Commercial Online Platform or any part of the SBAN Commercial Online Platform, including but not limited any component which comprises the SBAN Commercial Online Platform, but not including any output from the SBAN Commercial Online Platform;

(b) Knowingly interfere with service to any of SBAN Commercial Users, host or network, including by means of intentionally submitting a virus, overloading, flooding, spamming, mail bombing or crashing, or otherwise prevent use of the system by other parties;

(c) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, the SBAN Commercial Online Platform, except to the extent that enforcement is prohibited by applicable law;

(d) Circumvent any timing restrictions that are built into the SBAN Commercial Online Platform;

(e) Sell, rent, lend, transfer, distribute, license, or grant any rights in the BRKZ Online Platform in any form to any person without the written consent of SBAN Commercial;

(f) Remove any proprietary notices, labels, or marks from the SBAN Commercial Online Platform or Documentation;

(g) Create any "links” to or "frame” or "mirror” of the SBAN Commercial Online Platform or any portion thereof; or

(h) Use the SBAN Commercial Online Platform to create, collect, transmit, store, use or process any End-User data that:

(i) End-User does not have the lawful right to create, collect, transmit, store, use or process, or

(j) Violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity).

Section 3: Products, Delivery, and orders

3.1 Products

User acknowledges that the SBAN Commercial Service acts solely to facilitate transactions between End-User and Supplier. SBAN Commercial will not be responsible for any Products, nor will SBAN Commercial be liable for the quality of any of the Products provided by Supplier to End-User. These Terms of Service only govern the End-User’s use of the SBAN Commercial Online Platform and its relationship with SBAN Commercial and not any relationship between End-User and Supplier.

End-User acknowledges that (i) all Products are produced, fabricated, or in otherwise supplied to the End User; (ii) SBAN Commercial does not manufacture any Products; (iii) SBAN Commercial does not engage in any material preparation or assess the specifications of any Products offered by any Supplier on the SBAN Commercial Online Platform; (iv) SBAN Commercial does not guarantee the suitability, legality, or ability of any Supplier to offer such Products.

Products provided by Supplier to End-User on the SBAN Commercial Online Platform may be subject to additional terms and conditions contained in the quote and not contained herein.

As such, the end-user acknowledges that neither SBAN Commercial nor any of the employees, directors, or appointed representatives makes any express or implied representation or warranty as to the goods and services provided by any Supplier or Supply partners, and acknowledges that services provided on the SBAN Commercial platform is on an "As- Is” basis to facilitate trade. SBAN Commercial and its associates hereby expressly disclaims all such warranties.

For greater clarity, the existence of any additional terms and conditions related to the Products will not modify or omit these Terms of Service in any way nor limit any of End-User’s obligations hereunder.

3.2 Delivery of Products

The conditions and timelines for delivery shall be sent to the End User in each quotation.

3.3 Procurement Orders and proposed offers

(a) The end-user agrees that Terms of Proposed offers, "quotations”, including quoted prices and quantities, are provided in good faith to facilitate consideration and are not binding.

(b) Any order for Products placed on the SBAN Commercial Online Platform is not binding until said order has been contractually executed by all parties to the transaction.

Section 4: Account Activation

End-User is required to register an account with SBAN Commercial (an "Account”) to use the SBAN Commercial Online Platform for purchasing Products. During registration, an End-User will be asked to provide Personal Information including but not limited to full name, address, contact number, email address, and End-User address, to create an Account. End-User shall ensure that such account activation information is accurate and complete and that such information remains current.

The End-User agrees that he/she is responsible for his/her own Account, its means of access (such as via the use of a password), and for any activity resulting from the use of the End-User Account. The End-User agrees to make reasonable efforts to prevent unauthorized access to, or use, of our Products. The End-User shall not share the Account and password, or allow third parties to use his account.

The End-User agrees to notify SBAN Commercial immediately if they should become aware of any unauthorized use, and thereafter prevent further misuse including changing their password and other means of access.

Any violations or infringement of the Terms and Conditions should promptly be reported by the End-User by emailing SBAN Commercial at info@sban.com.sa

Section 5: Disclaimer

The Products are made available by SBAN Commercial "as is,” without any representations or warranties whatsoever, express or implied. all warranties, including but not limited to any warranties of merchantability, for any particular purpose, uninterrupted use, accuracy or reliability, are specifically excluded and expressly disclaimed. SBAN Commercial makes no warranty that the services will meet your requirements and as such, End-Users assume all risk as to the quality, suitability, accuracy, availability and performance of the Products. SBAN Commercial does not represent or warrant that the Services will be error-free, or that any defects will be corrected, or that these Products or any website referred or linked to herein is free of viruses or other harmful components.

ALL PRODUCTS MADE AVAILABLE ON THE SBAN Commercial ONLINE PLATFORM/APPLICATION ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SERVICES ARE PROVIDED BY SUCH THIRD PARTIES), NOT SBAN Commercial. The Quote shall include the details regarding the warranty and the applicable procedure for defective or damaged items.

Section 6: Copyright

All copyright in all material contained on, in or available through SBAN Commercial Online Platform/Application are owned by SBAN Commercial or its proprietary holders, and you are required to abide by all copyright notices contained on the SBAN Commercial Online Platform/Application.

Section 7: Modifications to the Application, content and terms and conditions

We may terminate your access to the SBAN Commercial Service, without notice, for conduct we believe violates these Terms, our policies, is harmful towards our business interests, or for an inactive account.

For the avoidance of doubt, in the event of such termination, liabilities by the End User will remain for any orders placed, contracts entered, which may include financial liabilities or other legal obligations incurred by you prior to such termination.

SBAN Commercial reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that SBAN Commercial shall not be liable to you or to any third party for any reason arising from the provision of SBAN Commercial Services for any reasons whatsoever, including the suspension of such services. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.

SBAN Commercial may from time to time update these Terms and Conditions and convey them in a manner and extent deemed suitable by SBAN Commercial, which may (but not always) include the sending of electronic mail to the End-User’s registered email address. The End-User undertakes full responsibility to check and determine for updates to these Terms and Conditions, and agrees to conduct such periodic checks at a frequency they deem adequate. The End-User therefore confirms that his continued usage of the SBAN Commercial platform or any SBAN Commercial service at any time stipulates their consent to be bound to these conditions.

In the event that the End User does not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, he undertakes to immediately stop using the SBAN Commercial Online Platform/Application.

You agree that SBAN Commercial shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website, and/or amendments to the Terms and Conditions. Your continued use of the SBAN Commercial Online Platform/Application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

Section 8: Severability

The failure of SBAN Commercial to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Section 9: Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Products, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Section 10: Jurisdiction and governing law

The Terms and Conditions will be legally binding. Any dispute or claim arising will be in accordance with the laws of the Saudi Arab.

Section 11: Contact

All questions, comments, or concerns, regarding our services or terms and conditions, can be addressed to info@sban.com.sa or your SBAN Commercial representative. Please note that all emails and calls may be saved for future reference.

Section 12: Cashback Rewards

Definitions

  'Program': The Cashback Rewards Program offered by SBAN Commercial International Information Technology Co.

 'Participant': A registered and activated user of SBAN Commercial, who submitted all required documents as per SBAN Commercial activation policy, and who at least completed one transaction. Within the Kingdom of Saudi Arabia eligible to participate in the Program.

  'Qualifying Transaction': A complete transaction, from order to complete payment for the ordered goods, made by the Participant that meets the criteria set by SBAN Commercial for earning cashback.

  'Wallet': The designated account within SBAN Commercial system where cashback rewards are credited for the Participant.

Introduction

SBAN Commercial International Information Technology Co. (hereinafter referred to as SBAN Commercial) may or may not consider launching the Cashback Rewards Program (referred to hereinafter as the 'Program'), which shall operate under the terms and conditions set out below.

1. Eligibility

The Program is exclusively available to activated users of SBAN Commercial within the Kingdom of Saudi Arabia. Eligibility for participation in the Program is at the discretion of SBAN Commercial and may be subject to change.

2. Acceptance and Disclosure

  The terms and conditions herein, along with SBAN Commercial Privacy Policy, govern the relationship between the Program members and SBAN Commercial, including aspects of membership, expiration, redemption, and earning of Program points.

  By participating in the Program and using the Membership Account to redeem accumulated cashback, the Participant acknowledges and agrees to these terms and conditions and consents to the collection, use, and disclosure of personal data in accordance with SBAN Commercial Privacy Policy.

3. Termination or Modification:

  SBAN Commercial reserves the right to modify or terminate the Program, including its benefits, awards, and terms, at any time without notice. Participants are responsible for staying informed about the Program terms and any changes. Continued participation in the Program constitutes acceptance of any modifications.

  SBAN Commercial may terminate the Program in whole or in part, with all unredeemed cashback being forfeited without obligation or liability.

  SBAN Commercial reserves the right to immediately terminate a Participant's Membership Account if the Participant breaches these terms, engages in fraudulent behavior, or provides false or misleading information, resulting in the loss of all benefits and rights under the Program