ELECTRONIC COMMUNICATION:

When you use AL-AYUNI Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other AL-AYUNI Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPY RIGHTS:

All content included in or made available through any AL-AYUNI Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AL-AYUNI or its content suppliers and protected by SAUDI ARABIA and international copyright laws. The compilation of all content included in or made available through any AL-AYUNI Service is the exclusive property of AL-AYUNI and protected by SAUDI ARABIA and international copyright laws.

You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Platform and any associated software (Software), information on the Platform and Software and the design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content of the Platform or the Software is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

TRADEMARKS:

Click here to see the trademarks of AL-AYUNI. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any AL-AYUNI Service are trademarks or trade dress of AL-AYUNI in SAUDI ARABIA and other countries. AL-AYUNI trademarks may not be used in connection with any product or service that is not AL-AYUNI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AL-AYUNI. All other trademarks not owned by AL-AYUNI that appear in any AL-AYUNI Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AL-AYUNI.

LICENSE AND ACCESS:

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, AL-AYUNI or its content providers grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and make personal and non-commercial use of the AL-AYUNI Services. This license does not include any resale or commercial use of any AL-AYUNI Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AL-AYUNI Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by AL-AYUNI or its licensors, suppliers, publishers, rightsholders, or other content providers. No AL-AYUNI Service, nor any part of any AL-AYUNI Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AL-AYUNI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AL-AYUNI without express written consent. You may not use any meta tags or any other "hidden text" utilizing AL-AYUNI's name or trademarks without the express written consent of AL-AYUNI. You may not misuse the AL-AYUNI Services. You may use the AL-AYUNI Services only as permitted by law. The licenses granted by AL-AYUNI terminate if you do not comply with these Conditions of Use or any Service Terms.

CORPORATE TRADING ACCOUNT:

You may need your own CORPORATE TRADING ACCOUNT to use certain TRADING Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected VERIFIED payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your CORPORATE TRADING account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. AL-AYUNI does NOT sell products FOR children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. AL-AYUNI reserves the right to refuse service, terminate accounts, terminate your rights to use AL-AYUNI’s Services, remove or edit content, or cancel orders in its sole discretion.

RIGHTS TO COMMUNICATION AND RIGHTS OF OTHER CONTENT:

You may post reviews, comments, photos, videos, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AL-AYUNI reserves the right to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant AL-AYUNI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AL-AYUNI and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AL-AYUNI and its AFFILIATES for all claims resulting from content you supply. AL-AYUNI has the right but not the obligation to monitor and edit or remove any activity or content. AL-AYUNI takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTION:

SOLD PRODUCTS THROUGH AL-AYUNI attempts to be as accurate as possible. However, AL-AYUNI does not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. If a product offered by AL-AYUNI itself is not as described, your sole remedy is to return it in unused condition.

OTHER SERVICES:

Parties other than AL-AYUNI operate stores, provide services or software, or sell product lines through OUR Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses, you are purchasing directly from those third parties, not from AL-AYUNI. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). AL-AYUNI does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

The AL-AYUNI services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the trading services are provided by AL-AYUNI on an "as is" and "as available" basis, unless otherwise specified in writing. AL-AYUNI makes no representations or warranties of any kind, express or implied, as to the operation of the AL-AYUNI services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the AL-AYUNI services, unless otherwise specified in writing. You expressly agree that your use of the AL-AYUNI services is at your sole risk.

To the full extent permissible by law, AL-AYUNI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AL-AYUNI does not warrant that the AL-AYUNI services, information, content, materials, products (including software), or other services included on or otherwise made available to you through our platform services, AL-AYUNI servers, or electronic communications sent from us are free of viruses or other harmful components. To the full extent permissible by law, AL-AYUNI will not be liable for any damages of any kind arising from the use of any AL-AYUNI services, or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through any AL-AYUNI services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

APPLICABLE LAW AND DISPUTES:

Any dispute or claim relating in any way to your use of any AL-AYUNI services will be irrevocably processed through the courts of the Kingdom of Saudi Arabia and shall have exclusive jurisdiction to settle any dispute or claim.

POLICIES, MODIFICATIONS, AND SEVERABILITY:

Please review our other policies, such as our pricing policy posted on this site. These policies also govern your use of AL-AYUNI services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication – You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assignment – Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing. We reserve the right to transfer, assign, or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.

Entire Agreement – These Terms and Conditions represent the entire agreement between us overriding any prior written or verbal agreements that may have been made.

Relationship between the Parties – These Terms and Conditions do not create an agency, partnership, joint venture, employment, or franchise relationship between you and us.

Severability – If any clause of these Terms and Conditions is considered to be invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.

Waiver – If we do not enforce our rights or act against any breach by you under these Terms and Conditions, it does not mean that we are waiving our rights to enforce actions against you in the future.

Force Majeure – Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party, whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labor disruptions, blackouts, embargoes or a pandemic, epidemic or disease impacting the Party claiming to have been impacted by the relevant force majeure event).

Survival – All provisions that either expressly or by their nature survive, will survive suspension or termination of your account.

Third Party Rights – A person who is not a party to these Terms and Conditions has no right to enforce any of its terms.
1.OUR ADDRESSES:

Address: AI Ayuni Investment And Contraction Co رقم 70, Ar Rabi, Riyadh 13322, Saudi Arabia

2.SOFTWARE TERMS:

Intellectual Property Rights – Patents, rights to inventions, copyright and related rights, moral rights, trademarks, domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply and be granted renewals or extensions of and rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Parties – Where these terms refer to "your," "you," or "customer," we mean both you and any entity or firm you’re authorized to represent. Where these terms refer to "we," "us," "our" or AL-AYUNI, we mean AL-AYUNI.

3.DESCRIPTION OF OUR PLATFORM:

The "Trading Platform" is an online application that connects buyers and sellers in the recycling industry, acting as a single interface for both parties to facilitate the buying and selling of recycled materials on the platform.

4.COMPLYING WITH SAUDI CYBER SECURITY:

We recognize the paramount importance of adhering to Saudi Arabia's cybersecurity laws and regulations, including guidance issued by the National Cybersecurity Authority (NCA), to ensure the security and integrity of our E-commerce platform. To comply with Saudi cybersecurity laws and regulations, we have implemented a comprehensive cybersecurity framework that encompasses several key measures:

4.1. User Responsibilities:

As an end user of our E-commerce platform, you are responsible for the following:

• Secure Authentication:

  • Enable multi-factor authentication (MFA) whenever possible.
  • Never share your login credentials with anyone.

• Data Protection:

  • Safeguard sensitive information such as passwords, payment details, and personal data.
  • Only provide necessary information when making transactions and refrain from sharing sensitive data in public forums or chats.

• Vigilance Against Threats:

  • Be cautious of phishing attempts and suspicious emails, links, or attachments.
  • Report any suspicious activity or security incidents to our support team immediately.

• Safe Browsing Practices:

  • Exercise caution when browsing the internet and refrain from visiting suspicious or untrusted websites that may contain malware or other security threats.
  • Avoid clicking on pop-up ads, banners, or links from unknown sources that may lead to malicious websites.

• Password Management:

  • Create strong, complex passwords that are difficult to guess and avoid using easily guessable information such as birthdays or common words.
  • Do not reuse passwords across multiple accounts or platforms. Each account should have its unique password.
  • Regularly update your passwords and avoid storing them in plaintext or insecure locations.

• Data Handling:

  • Handle sensitive data with care and ensure that it is stored, transmitted, and processed securely in accordance with our data protection policies.
  • Encrypt sensitive data before transmitting it over untrusted networks or storing it on portable devices to prevent unauthorized access.

• Phishing Awareness:

  • Be vigilant of phishing emails, messages, or phone calls attempting to trick you into disclosing sensitive information or performing unauthorized actions.
  • Verify the legitimacy of requests for personal or financial information before responding, especially if they come from unfamiliar or unexpected sources.

• Physical Security:

  • Maintain physical security of your devices and prevent unauthorized access to them by keeping them locked when not in use and not leaving them unattended in public places.

• Educational Initiatives:

  • Stay informed about cybersecurity best practices and participate in ongoing training and awareness programs provided by the company to enhance your cybersecurity knowledge and skills.

• Reporting Security Concerns:

  • If you encounter any security concerns, suspicious activity, or believe your account has been compromised, please report it immediately to our support team at [contact information].

• Secure Payment Practices:

  • When making payments or transactions on our platform, use secure payment methods and ensure that you are on a secure and authenticated page before providing any payment information. Be wary of suspicious requests for payment or financial information.

By acknowledging this policy, you commit to upholding these user responsibilities and contributing to the overall security of the E-commerce platform.

4.2. Platform Security Measures:

• Data Encryption:

  • All sensitive data transmitted through our E-commerce platform is encrypted using industry-standard encryption protocols to protect it from unauthorized access or interception. This includes customer information, payment details, and any other personal or financial data.

• Secure Authentication:

  • We enforce strong authentication mechanisms such as multi-factor authentication (MFA) to verify the identity of users accessing our platform. This helps prevent unauthorized access to user accounts and enhances overall security.

• Regular Security Audits:

  • We conduct regular security audits to ensure the integrity of our E-commerce platform. These audits, performed by certified cybersecurity professionals, may involve accessing customer data for auditing purposes while maintaining strict privacy standards. Rest assured, access to customer data is limited to what is necessary for auditing and handled with the utmost care. By acknowledging this policy, you understand and consent to this necessary access for auditing, ensuring the continued security of our platform.

• Incident Response Plan:

  • In compliance with Saudi cybersecurity regulations, we have developed and implemented a robust incident response plan to effectively detect, respond to, and mitigate any cybersecurity incidents that may occur. This includes procedures for detecting, reporting, and remedying security breaches or data breaches in a timely manner.

• Employee Training and Awareness:

  • We provide comprehensive cybersecurity training and awareness programs to all employees involved in operating our E-commerce platform on a regular basis. This ensures that our staff are knowledgeable about cybersecurity best practices and are equipped to handle potential security threats effectively.

• Regulatory Compliance:

  • We stay abreast of any changes or updates to Saudi cybersecurity laws and regulations and ensure that our E-commerce operations remain fully compliant at all times. This includes obtaining necessary permits or licenses as required by regulatory authorities.

We are committed to upholding the highest standards of cybersecurity and ensuring the trust and confidence of our customers in the security of our E-commerce platform.

5.BUYER AND SELLER REGISTRATION:

1.Registration Process: Before engaging in any transactions on the E-commerce platform, both buyers and sellers are required to register.

The registration process mandates providing accurate and up-to-date information, which includes details about the company, contact information, and any other data and documents deemed necessary.

All registrations are subject to approval. Incomplete or inaccurate registrations may be rejected to ensure the integrity of the platform.

By completing the registration process, users agree to abide by the terms and conditions set forth by the E-commerce platform.

2.Account Security: Once registered, users are solely responsible for safeguarding the security of their accounts, including passwords and login credentials.

Prompt notification to the platform is required in case of any unauthorized access or suspicious activity detected on their accounts.

The platform reserves the right to suspend or terminate accounts found to be in violation of security policies or involved in fraudulent activities to maintain the platform's security and trustworthiness.

6.ENTERING INTO AN ONLINE B2B PURCHASING BINDING CONTRACT:

1.Offer and Acceptance: Buyers can initiate the purchasing process by submitting purchase orders via the E-commerce platform, constituting offers to purchase specific goods.

Sellers hold the discretion to accept or reject purchase orders based on their assessment.

A binding contract is established upon the seller's acceptance of a purchase order, signifying agreement to sell the specified goods under the terms and conditions outlined within the purchase order.

6.2. Contract Terms:

The contractual terms encompass various aspects, including the specifications of the goods, pricing, payment terms, delivery details, and any other pertinent terms mutually agreed upon by both parties.

Modifications to the contract require mutual agreement in writing from both the buyer and seller to ensure clarity and transparency in the transactional process.

7.APPROVAL OF GOODS:

7.1. Quality Assurance:

Sellers bear the responsibility of ensuring that the goods adhere to the specifications outlined in the purchase order and meet the required quality standards.

Buyers reserve the right to inspect the delivered goods and reject any items that do not conform to the agreed specifications or are deemed defective.

In cases of disputes concerning the quality or condition of goods, the seller is expected to facilitate resolution through communication and negotiation.

8.PAYMENT TERMS:

8.1. Payment Methods:

Buyers are obligated to make payments for purchased goods in accordance with the agreed-upon terms and conditions.

Accepted payment methods include but are not limited to bank transfers and electronic fund transfers.

Payment terms may vary based on the contractual agreement between the buyer and seller, with overdue payments possibly incurring penalties or interest charges.

9.DELIVERY OF PURCHASED MATERIAL:

Shipping and Delivery Responsibility:

The responsibility for arranging the shipping and delivery of purchased goods to the specified destination is contingent upon the Incoterms (International Commercial Terms) agreements as explicitly stipulated in the sales transaction. The allocation of responsibilities between the buyer and seller regarding transportation, insurance, and risk transfer is determined by the agreed-upon Incoterms.

Delivery Timelines and Methods:

Delivery timelines and methods are subject to negotiation and agreement between the buyer and seller, with strict adherence to the mutually agreed-upon schedules. Any deviations from the agreed delivery terms must be mutually consented to in writing by both parties.

Delivery Information Accuracy:

Buyers are obligated to provide accurate delivery information to facilitate the timely and successful delivery of goods, particularly in scenarios where logistics arrangements include free delivered (DDP) terms. The provision of precise delivery details is essential to ensure the smooth execution of the delivery process.

Coordination for Ex-Works or Pick-Up Delivery Mode:

In cases where the delivery mode is Ex-Works or pick-up, buyers are required to coordinate with the seller regarding the specific time and location for the collection of goods. The buyer assumes responsibility for arranging transportation and logistics under Ex-Works terms, with the seller facilitating the transfer of goods at the agreed-upon location.

This delineation of responsibilities and obligations regarding shipping and delivery is integral to ensuring clarity and compliance with the contractual agreements between the parties involved in the transaction.

10.TERMS OF REFUND AND RETURN POLICY:

Refund Policy:

Refunds may be granted in accordance with the terms and conditions established between the buyer and seller.

Eligible reasons for refunds include non-conforming goods, damaged items, or failure to deliver as per the agreed-upon terms.

Refund requests must be submitted within the specified timeframe and accompanied by relevant documentation or evidence to facilitate the processing.

Return Policy:

Return of goods may be permissible under certain circumstances as agreed upon between the buyer and seller.

Return eligibility criteria, including timelines and conditions, are delineated in the terms of the purchase agreement to ensure clarity and fairness.

The seller may facilitate the processing of refunds and returns in adherence to the mutually agreed-upon terms and conditions.

11.COOPERATION WITH AUTHORITY:

Regulatory Compliance:

We pledge to collaborate with pertinent regulatory authorities, such as the National Cybersecurity Authority (NCA) of Saudi Arabia.

Adherence to all applicable laws, regulations, and guidelines governing E-commerce trading activities within Saudi Arabia is paramount.

Cooperation with authorities may involve furnishing information, documentation, or assistance as necessitated to ensure compliance with regulatory requirements and uphold the integrity of the E-commerce platform.

12.Value Added Tax (VAT) Policy:

In accordance with the Value Added Tax (VAT) regulations established by the Kingdom of Saudi Arabia, we adhere to the applicable VAT laws governing our e-commerce transactions. VAT is levied on the supply of certain goods and services provided, subject to the prevailing VAT rates and regulations determined by the Saudi Arabian tax authorities.

The determination of VAT applicability and the appropriate VAT treatment of transactions are based on the nature of the goods or services rendered and their classification under the VAT law. Prices displayed on the platform may either include or exclude VAT, depending on the prescribed VAT treatment for the specific products or services.

Customers are obligated to ensure compliance with their VAT obligations associated with purchases made through the platform, including any requirements for VAT registration, reporting, and payment of VAT liabilities as per the Saudi Arabian tax laws.

We reserve the right to adjust prices or billing to reflect changes in VAT rates or regulatory requirements mandated by the Saudi Arabian tax authorities. Any adjustments to VAT-related matters will be implemented in accordance with the applicable VAT laws and regulations.

For comprehensive guidance on VAT applicability, compliance, and obligations pertaining to transactions conducted through the platform, customers are advised to refer to the official directives and guidelines issued by the competent Saudi Arabian tax authorities or seek professional legal counsel.