Website usage terms and conditions – sample template

Welcome to our platform. If you continue to browse and use this platform, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Eddekhar’s relationship with you in relation to this platform. If you disagree with any part of these terms and conditions, please do not use our platform. The term ‘[Eddekhar]’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is [address]. Our company registration number is [company registration number and place of registration]. The term ‘you’ refers to the user or viewer of our website.

Introduction

EDDEKHAR aims to provide the Services set in force by these terms, (shall be referred to as the “services or the platform), which shall provide technological solution for Financial Management purposes throughout providing “EDDEKHAR” Services and platform. EDDEKHAR shall provide the platform to enable the companies in Service (hereinafter shall be referred to as “The User”) to establish Saving funds and to provide other financial support through out the platform. Such as (interest-free loans, market purchase, and other financial earnings). The User shall accept all terms and conditions set forth by this document, by creating the User Profile in the platform and shall be pounded by the Privacy Policy and Cookies terms and conditions attached to this Agreement. EDDEKHAR shall be the controller of the User’s Data, and the User shall provide the true and accurate data to enable EDDEKHAR to preform the Service as per the terms and conditioned set forth in this document. The following terms and conditions shall be applied:

1. DEFINITIONS AND INTERPRETATION:

1. 1.1. “User” means a person or company that contacts, engages and/or aims to obtain The Services from EDDEKHAR through the Platform “website”.
2. 1.2. “The Service” means the confirmed User on the Website “EDDEKHAR”, which made by the User and with a complete profile and complete data provision, within the website.
3. 1.3. “The Monthly contribution” means the Sum amount calculated from the monthly salary and shall be payable throughout and under the management of EDDEKHA.
4. 1.4. “Party” shall mean either The USER or EDDEKHAR; “Parties” shall mean The USER and EDDEKHAR collectively.
5. 1.5. “The website” means any online tool provided, processed and/or maintained by EDDEKHAR (including, but not limited to, all subpages and subdomains, all content, Platform Services, and products available at or through EDDEKHAR’s website located at http://www.eddekhar.com and/or its mobile application, and/or any other related domain offering access to, or facilitating the provision of the Service).
6. 1.6. “The Salary Details” means the details of a The Salary including without limitation the type of Salary, time payable, or any other requires data as provided by the User.
7. 1.7. “The Salary” means The Salary and or income of the User enrolled within the Platform that has been entered by the User or agreed upon, to be reflected and processed through the Platform, and the relative documents.

2. GENERAL TERMS AND CONDITIONS

1. 2.1. EDDEKHAR shall provide a Digital Platform “hereinafter shall be referred to as “The Services”, which helps the Employees to save money and to make financial decisions. EDDEKHAR wishes to provide the Services of; personalized financial advice’s, automated savings, and budgeting tools; to help the Employee “The User” to increase their Savings and to manage their finance plans. with respect to their rights of Data Protection and users’ fraud protection regulations.
2. 2.2. EDDEKHAR shall provide the Service to “The USER” and the latest shall agree to provide all the information needed throughout the website and shall keep updating that information provided during the term of use of the Website “the Services”.
3. 2.3. The User shall provide the comprehensive information regarding their Salary or income, including without limitation, The Salary Details, the Monthly Payment dates, monthly deductions and/or other relevant information as may be required by The Website.
4. 2.4. The User wishes to manage the monthly finance plan, displayed in The Website, by signing-up to the website and fulfilling the details and required information requested by the platform. and the information provided shall be true and accurate.
5. 2.5. In case of non-availability of The Salary information required, EDDEKHAR shall provide an email notifying The USER immediately to remove The Salary details from The Website and/or any other incorrect or in-complete information and EDDEKHAR shall reject the Sign-up request from the mentioned Applicant.
6. 2.6. In case of any change of The Salary information or User details, the User shall immediately inform The website of such change.
7. 2.7. During the Website Use, EDDEKHAR shall be responsible of the following:
   1. A. To comply with the template and The User profile guidelines as provided by The Website from time to time.
   2. B. To ensure the availability and readiness of the information and services provided by the website.
   3. C. To comply with the business plan and guidelines as provided through The Website from time to time.
   4. D. To maintain its license with the competent regulations
   5. E. To ensure the Services performance and the website well-working status and to undertake to maintain the system;
   6. F. To comply with all applicable KSA laws, rules and regulations.
8. 2.8. EDDEKHAR shall not use the User’s information to attempt, pursue or induce the user to make any transaction outside The Website, weather to safe or spend any amount of money reflecting harm or benefit to the User unless agreed by the user, and failing to comply with this clause shall be considered as material breach of This terms and conditions of the Website Use and shall indemnify the User of such action.
9. 2.9. EDDEKHAR warrants and acknowledges that they have the authority to provide such Services; and thy are eligible to provide the Services in the KSA, and it is lawfully licensed in the KSA and hold all governmental approvals necessary for the provision of the Services mentioned, and its license and such governmental approvals are valid and up to date.
10. 2.10. In the event the license of EDDEKHAR provided to The USER is amended; EDDEKHAR undertakes to notify The USER with such amendment. In case of any license suspension or non-compliance with any government approval that is required for the performance of the Services, EDDEKHAR undertakes to stop using The Website and promptly notify The USER of such suspension and/or non-compliance and the reason to stop.
11. 2.11. EDDEKHAR shall solely be responsible for any actions or omissions attributed to it in connection with the Services provided. And The USER shall not “at no pint” be held liable for quality of any Services provided by EDDEKHAR.
12. 2.12. EDDEKHAR shall maintain proper updated records which provided by The USER as well as such records shall be available to the user upon their request.
13. 2.13. EDDEKHAR hereby grants to The USER the right to use, copy and publicly display the data provided by the website in connection with the operation and data processing of The Website, for Example; any plan, or Payment, and/or any information managed or processed by EDDEKHAR in the website, including without limitation, Salary Details, and Monthly Payments and other savings and benefits.
14. 2.14. EDDEKHAR is a technology company that has developed the algorithms to create The Services set force in this document in the Kingdom of Saudi Arabia. and shall insure protection of the data provided by the User.
15. 2.15. EDDEKHAR agrees and acknowledges that The USER is not responsible for resolving any disputes regarding the performance of the Services, whether related data collection, Data processing, or any changes to the system, or otherwise, and that The USER disclaims any and all liability in this regard.
16. 2.16. The company is responsible for deducting the specified savings from the employee's monthly salary.
17. 2.17. User agrees that EDDEKHAR shall manage the deduction prosses for all the Employees in Service as requested and/or approved by the user (withdrawal, soft loan (Murabaha) and/ or other financial Services);
18. 2.18. The Employees in Service agrees and authorize to manage the special offers and special payment methods provided by EDDEKHAR, and the latest shall be entitled to manage the purchase of the commodity/es from the savings fund if requested and approved by the company through the platform;
19. 2.19. The company in Service shall grant the “Emergency Loan” and EDDEKHAR shall manage the soft loan provided by the Company from the savings fund in case of the soft loan request and approved by the company.
20. 2.20. The User Shall agrees and provide to EDDEKHAR a Financial guarantee from the employee if the soft loan or Murabaha payment is Approved by the company in Service.
21. 2.21. The User shall be responsible for all employee payments that are not being made.

3. EDDEKHAR Fees

1. 3.1. EDDEKHAR hereby irrevocably and unconditionally have the right to collected the accepted fees and Payment by the platform and shall receive the mentioned Fees in consideration to provided by EDDEKHAR, and the Employee shall be responsible to pay any other Additional Fees (if applicable).
2. 3.2. EDDEKHAR shall always communicate any Additional Fees to The USER directly.
3. 3.3. The Website Fee is due in the end of each month and shall be payable by The USER. upon receipt of the monthly payment request.
4. 3.4. EDDEKHAR shall provide to the User a copy of the payment receipt to be send to the registered contact details within the platform. And shall provide Refund receipts -if applicable.
5. 3.5. EDDEKHAR shall refund the payment in full in case of failure to provide the Service to the User due to different reasons.

4. EVENTS OF WEBSITE DEFAULT:

EDDEKHAR shall be in default hereunder if any one or more of the following events for example; (Failure to perform or comply with any of the material terms or conditions in this terms and conditions, for reasons other than an event of Force Majeure, Bankruptcy or insolvency, Any material changes in the legal structure or constitution of the entity of EDDEKHAR, and or Any fraudulent or illegal activity related to the performance of the Services).

5. TERMINATION OF THE SERVICES

1. 5.1. Termination of the Services shall be made by the User through a request to EDDEKHAR throughout the Website special request for the mentioned action.
2. 5.2. EDDEKHAR's legal, contractual, and ethical duties, obligations and responsibilities towards the User shall survive the termination of the Service.
3. 5.3. Upon expiration or termination of the Services for any reason, EDDEKHAR shall discontinue use and/or processing the Data and any Confidential Information related to the User, and shall destroy such data at its own cost, and shall keep confidential to all of the data or intellectual information provided by the User.
4. 5.4. The User shall keep the right to re-join or sign-up to the website with new request at any time, and shall accept these terms and conditions to activate the Services.

6. RELATIONSHIP BETWEEN EDDEKHAR & THE USER:

The relationship between EDDEKHAR and The USER under these terms and conditions, shall be independent relationship. Nothing in these terms shall be considered as creating partnership, joint venture or agency relationship. The Parties agrees and understand that none of the Parties is authorized to make contracts on behalf of the other Party’s name, or to transact any business in the name of other Party, or to assume or create any obligation or responsibility binding on the other Party in any matter whatsoever, other than as agreed in this Agreement.

7. NON-CIRCUMVENTION:

Until the expiry of the Services, EDDEKHAR will not contact, or respond to any contact, negotiate, or engage with USER for any purpose other than to consummate the scope of The services with the involvement and in line with the interest of The USER. In addition, EDDEKHAR agrees not re-Use the data provided to The Website in any manner whatsoever as long as The Website is working. In case of failure to comply with this clause, The USER may, in its sole discretion, terminate its relationship with EDDEKHAR immediately and may be entitled to compensate any damages or losses suffered by The USER in consequence of EDDEKHAR’s non-compliance with this clause.

9. OWNERSHIP OF INTELLECTUAL PROPERTY:

EDDEKHAR shall remain including without limitation all rights, title, and interests in its The Website including copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, strategy, Users information, advertisement, written/printed material, or any other work or thing created for use by EDDEKHAR and/or to provide the services. And The User shall remain without limitation all rights, title, and interests in the Data provided including the personal data, Salary information, or any other data provided.

10. TAX:

Each party or beneficiaries of the Services provided by this contract shall be solely responsible of their relevant tax to respected authorities, which shall be in reflect of performing the terms and conditions of this contract. The taxation amounts and decisions shall be in respect to the Saudi laws and regulation enforceable by the Saudi tax authority.

11. SEVERABILITY:

If, at any time, any provision of this terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

12. NON-WAIVER:

The failure to exercise or delay in exercising a right or remedy under these terms shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these terms shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these terms are cumulative and not exclusive of any rights or remedies provided by law.

13. ASSIGNMENT:

These terms shall not be assigned or transferred, in whole or in part.

14. FORCE MAJEURE:

1. 14.1. If either Party is affected by force majeure it shall forthwith notify the others of the nature and extent thereof.
2. 14.2. Neither Party shall be deemed to be in breach of this Agreement by reason of any delay in performance nor shall the non-performance of any of its obligations hereunder to the extent that such delay or non-performance is due to any force majeure of which it has notified the others; and the time for performance of that obligation be extended accordingly.
3. 14.3. For the purposes if this clause, Force Majeure is defined as events which are not the fault of any of the Parties that prevent performance of contractual obligations which could not be foreseen at the time of the Service and which are not capable of being remedied. Acts of God, forces of nature, acts of war, act of government, political instabilities, rebellion, insurrection, military or usurped power, riots, commotions or disorder, may constitute Force Majeure if the elements thereof as defined in this clause exist. The burden of proving the existing of Force Majeure shall rest with the Party claiming relief by reason thereof from date of notifying the other Party in writing the existence of Force Majeure.

15. VARIATIONS:

No amendment to this Agreement shall be valid unless it is made in writing and executed by EDDEKHAR or its duly authorized representatives and to notify the Users with the mentioned amendments.

16. GOVERNING LAW AND JURISDICTION:

The terms contained in this document and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, as applicable in Riyadh city, All disputes arising out of or in relation to these terms or any part thereof shall be mutually settled by negotiation or conciliation. If the said dispute or difference could not be settled by conciliation within 10 days of having been raised, it shall be referred to competent Court.

17. LANGUAGE AND CALENDAR:

This Agreement has been drafted in English language, and any ambiguity shall be resolved by experts to define the nature of the meaning. And All dates and periods of time referred to in these terms shall be considered in accordance with the Gregorian calendar.