Terms and Conditions

Definitions

Unless the context requires otherwise, the expressions defined below have the meanings given in front of them:

Applicable law: The laws, regulations and decisions in force in the Kingdom of Saudi Arabia and all binding references issued by the competent authorities in the Kingdom, including the rules issued by the official body in this regard in its capacity as a public body with jurisdiction within its legal jurisdiction.

Arrangement: Any form of dealing, contract or understanding under which the (“User”) benefits from the platform’s services as a result of use.

The official body: The Saudi Standards, Metrology and Quality Organization, a Saudi public body established pursuant to Resolution issued by the Council of Ministers No. 216 dated 6/17/1431 AH, and any other entity that replaces it in performing its duties, partially or fully.

Operator: The person responsible for content system operations to manage the operational functions of the input, output, and follow-up units for information transfer, communication, and data production, which is “THIQAH Business Services Company.”

Platform: Saber platform/website available through the following link https://saber.sa/ and all platforms/sites/pages that can be accessed through the aforementioned platform. The term also includes computer applications and smartphone applications (on Android platforms or IOs). All services and benefits provided by the platform/website and all intellectual property rights assigned to the aforementioned, and wherever the text indicates this, the term is used to refer to the operator. It is an electronic platform that allows the importer/manufacturer to electronically register certificates of conformity and consignment certificates for consumer goods, whether imported or locally manufactured, to enter the Saudi market.

Certificate for products not intended for display to the consumer: This is an exemption for an individual, government entity, or companies registered on the Saber platform from issuing a product conformity certificate for the purpose of supplying a specific product.

Content: Any information, data or materials made available by the user on or through the platform (including data, statements, reviews, comments, data of any kind or image, signs, images and forms), including information provided by the user for the purposes of conducting verification. By the operator or those necessary to use the platform.

Intellectual Property: The operator’s copyrights, patents, trademarks, trade names, rights to goodwill, trade secrets, confidential information, and any other form of intellectual rights in any country in the world, including intellectual property rights related to the platform and all that is branched from or related to it from software, computer applications, and smartphone applications, as well as the right to register the above rights and protect them through legal means.

Policies: Policies issued by the operator for the purposes of regulating any aspect, service, feature or benefit provided by the platform. The definition also includes any amendment, reformulation or replacement of any of the mentioned policies.

User: Any person who uses the platform, whether for the purpose of obtaining an exemption from a product certificate of conformity (a certificate for products not intended for display to the consumer as defined below) or for any other purpose.

Use: Logging in, using and/or benefiting from any service and/or feature made available by or through the platform. Other linguistic derivatives of this word (like the verb form) are interpreted according to this definition.

Reasonable Use: The normal use of the platform that is carried out for the legitimate purposes of the user related to the services and/or dealing with the operator and to the extent necessary to achieve these purposes in terms of form, size of information, frequency and timing of use, and so that it does not conflict with the use of any other user. Unusual use of any applications, software, or means provided by the operator or platform, or use of what was mentioned for a purpose other than for which it was intended, or invalidating the protection of any program or application used by the platform, or damaging or disabling it, or sending or distributing viruses, programs, or harmful codes, as well as erasing/destroying any data or information maintained on the platform or published on it, linking any accounts, advertisements or comments on other sites to this platform, or publishing what was mentioned on the platform or vice versa are considered as violations of reasonable use.

Illegal Access: The access of any unauthorized person into the platform, and accessing the internal systems of the platform and the confidential data and information it contains.

User Data: Any information or data the platform requests from the user, such as personal name, national ID/residency number, trade name, contact data, building deeds, building certificates, and any other data requested by the platform, for the purposes of providing services to the user.

Force Majeure: Any act or event that is beyond the reasonable control of an ordinary person and that cannot be avoided under normal circumstances, and that could not have been predicted at the time of concluding this agreement and could not have been prevented or avoided by being careful and diligent during implementation.

Provisions Regulating Use

a. One should fully comply with these terms and conditions and create an account on the platform. The operator grants to the user a non-exclusive, non-transferable, non-assignable and sub-licensable, revocable license to access the platform and make reasonable use.

b. The user must register (create an account) on the platform. For this purpose, the user must fill out all the necessary information on the page designated for this purpose within the platform. The user must use his email and password whenever he wants to use and access the platform.

c. The user understands that he is responsible for the accuracy, validity, legality and safety of the content he submits, and that taking into account the above is necessary in order to obtain the benefits provided by the platform. In general, the operator is in no way responsible for the user not obtaining the service of the target platform due to an error on the part of the user in fulfilling the requirements mentioned in these terms and conditions or any of the policies. Also, the user is aware of all the legal consequences that result from providing false, untrue, inaccurate, out of date, unlawful or incomplete information and specifications in any use.

d. The user is prohibited from making any use that is not considered reasonable use.

e. The user is prohibited from copying, altering or modifying the platform, or attempting to obtain the source code through which the platform operates (or that relates to any programs or codes associated with the platform), or achieving any of the above by composition, analysis or reverse engineering. He is also prohibited from extracting work derivative from any of the above, or giving access to the platform from other websites, or to other websites through the platform without obtaining an explicit written consent of the operator.

f. The user is prohibited from violating any rights relating to others in any country in the world. Also, he guarantees that the content and use do not violate any rights relating to others anywhere in the world, including, but not limited to, exclusive commercial representation rights, exclusive licenses, and intellectual property rights belonging to others.

g. The operator reserves the right to impose a fee for any free services at the present time or any services that the platform may create or develop in the future, provided that this is announced on the platform along with a list of fees determined for use (which the operator has the right to amend from time to time with a new announcement published via the platform).

h. The financial amounts in the platform and determined by the operator from time to time shall be in Saudi Riyals (unless stated otherwise).

i. The operator has the right - at its sole discretion - to stop all forms of use of the platform regarding a user or account, partially or fully, in the event that the user violates the terms and conditions of this document, until the conditions specified by the operator are met to reactivate the use or account by the relevant user.

j. The operator reserves the full right to stop use, close the platform, or prevent access to it at any time without incurring any liability of any kind, and without the need to provide reasons.

User Statements, Obligations & Warranties

a. The user declares that he has the full legal capacity to use the platform and enter into valid “arrangements” with the operator (based on the terms and conditions published on the platform or by placing links referring to them through the platform) and undertakes to fully implement his obligations under the “arrangements” that he concludes. The user declares his knowledge that the operator is neither a party to any “arrangements” nor a guarantor of the fulfillment by either party of any obligation incurred under them.

b. The user undertakes to:

1. Provide correct and valid “User Data”.
2. Provide all information requested by the operator.
3. Limit his “use” to be personal and for the purposes related to using the platform, and not to seek to obtain any commercial or personal benefit from the use (such as selling any benefit, feature, or image of the “use,” or displaying or making it available to others, or obtaining compensation for it, or using the platform in any way to achieve a financial benefit) without obtaining explicit approval from the operator.
4. Protect the password(s) and any other login data to ensure that the user’s account and/or the platform is protected at all times from illegal access, misuse, or damage by anyone who uses the user’s password(s) or password information.
5. Contact the operator immediately upon becoming aware of the illegal use or use of the password(s) or login data.
6. Adhere to all policies, including these terms and conditions and any directives or restrictions issued by the operator regarding use.
7. Not to make any illegal or irregular use, or that is offensive or harmful to others, or seek to do any of the above.
8. Compliance with the provisions of all laws, regulations and instructions related to the platform that apply to use. The user declares the possibility of invoking all laws, regulations and instructions - including these terms and conditions - directly against him, whether by the operator or any other interested user.
9. Refrain from creating fake accounts or using pseudonyms and always adhere to the correct name or trade name.
10. The user is obligated to pay an amount of 350 Saudi riyals (not including tax) in exchange for submitting an application for a consignment certificate (a certificate of products not intended for display to the consumer) -per order-.

c. The user understands that the operator does not review any “content” and is not obligated to do so. Therefore, it is not responsible for what is contained in this “content” and that the operator has no control over -and does not interfere in- the decisions of the official body and will not be responsible for its decisions or the results of its actions (if there is an official body).

d. The user declares his knowledge that submitting an application to obtain (a certificate for products not intended for display to the consumer) through the platform and following up on related procedures is subject to the rules and principles established in the applicable legislation and the rules issued by the operator and the Saudi Standards, Metrology and Quality Organization. He also declares his knowledge that any deviation from these rules/ grounds may result in not obtaining an exemption from issuing the required certificate of conformity or utility, or in a way that is not appropriate for the intended purpose.

Conditions for obtaining a consignment certificate for imported products (products not intended for display to the consumer):

Individuals:

1. If the imported materials are intended for the purpose of building a new building for individuals, the individual, whether a citizen or resident, is required to submit the following documents:
   • Identity card.
   • A valid building permit.
   • Customs declaration or bill of lading.
   • Invoices.
   • Other documents (optional).
2. If the imported materials are intended to renovate a building for individual use, the individual, whether a citizen or resident, is required to submit the following documents:
   • Identity card.
   • Real estate title deed.
   • Customs declaration or bill of lading.
   • Invoices.
   • Other documents (optional).
3. If the imported materials are intended for other uses by individuals, the individual, whether a citizen or resident, is required to submit the following documents:
   • Identity card.
   • Customs declaration or bill of lading.
   • Invoices.
   • Other documents (optional).

Establishments (companies registered on Saber platform):

4. If the imported materials are prepared for the purpose of supplying companies, the facility is required to submit the following documents:
   • Building permit.
   • Customs declaration or bill of lading.
   • Invoices.
   • Other attachments.
5. If the imported materials are prepared for the purpose of local manufacturing, the facility is required to submit the following documents:
   • Industrial license.
   • Industrial exemption (optional).
   • Customs declaration or bill of lading.
   • Invoices.
   • Other attachments.
6. If the imported materials are prepared for the purpose of testing a sample, the facility is required to submit the following documents:
   • Customs declaration.
   • Invoices.
   • Other attachments.
7. If the imported materials are prepared for the purpose of a government project (primary contractor), the facility is required to submit the following documents:
   • Project contract.
   • Approval - purchase order.
   • Customs declaration or bill of lading.
   • A copy of the contract or a letter from the contracting party with the shipment information and its purpose.
   • Invoices.
   • Other attachments (optional).
8. If the imported materials are prepared for the purpose of other companies, the facility is required to submit the following documents:
   • Customs declaration or bill of lading.
   • Invoices.
   • Other attachments (optional).

Objects and attachments belonging to registrants (of another type):

9. If the imported materials are intended for the purpose of construction by individuals, individuals are required to submit the following documents:
   • Bin license.
   • Customs declaration or insurance policy.
   • Invoices.
   • Other attachments (optional).
10. If the imported materials are intended for the purpose of restoration by individuals, individuals are required to submit the following documents:
    • Property deed.
    • Customs declaration or insurance policy.
    • Invoices.
    • Other attachments (optional).
11. If the imported materials are prepared for the purpose of exempting other individuals:
    • Customs declaration.
    • Invoices.
    • Other attachments.
12. If the imported materials are prepared for the purpose of supplying companies:
    • Building permit.
    • Customs declaration or insurance policy.
    • Invoices.
    • Other attachments (optional).
13. If the imported materials are prepared for the purpose of local manufacturing companies:
    • Industrial license.
    • Industrial exemption (optional).
    • Customs declaration or insurance policy.
    • Invoices.
    • Other attachments (optional).
14. If the imported materials are prepared for the purpose of a government project (primary contractor):
    • Project contract.
    • Approval - purchase order.
    • Customs declaration or insurance policy.
    • A copy of the contract or a letter from the contracting party with the shipment information and its purpose.
    • Invoices.
    • Other attachments (optional).
15. If the imported materials are prepared for the purpose of exempting other companies:
    • Customs declaration or insurance policy.
    • Invoices.
    • Other attachments.
16. If the imported materials are prepared for the purpose of exempting a government entity:
    • Customs declaration or insurance policy.
    • A copy of the contract or a letter from the contracting party with the shipment information and its purpose.
    • Invoices.
    • Other attachments (optional).

Operator’s Rights, Guarantees, and Limitation of Liability

a. The operator does not provide any form of warranty or guarantee - whether explicit or implicit - in everything related to the use of the platform or dealing with the user and/or service providers and/or the official party, and the user accepts this.

b. The operator is responsible for fixing any technical or technical malfunctions and correcting errors to which the platform is exposed within a reasonable period. Otherwise, the operator shall not be liable in any way for any loss or damage incurred by the user as a result of force majeure and/or use, including but not limited to indirect losses, loss of profits or business opportunities, data or material or moral damage to goodwill, trading or any other type of losses.

c. The operator is responsible for operating and managing the platform and making all improvements that serve the platform to enable the user to benefit from it.

d. Contracts representing “arrangements” are concluded between the user and the operator and are binding between them. The operator is in no way a party to any arrangement and no statement contained on the platform constitutes advice or opinion (whether legal, investment or otherwise), recommendation or inducement to enter into any arrangement or undertake any legal transaction, and the user shall make whatever investigative work necessary to ensure that the service provided is compatible with the user’s needs, and other practical considerations that concern the user.

e. The operator does not express or provide any representation, warranty, guarantee or recommendation to any user and/or regarding any arrangement. The operator is not considered a partner or guarantor of the official body and is not responsible in any legal way towards the user for any action or abstention from action or transaction between the two parties under any existing “arrangement” between them. Also, the operator shall have the right to amend and/or replace these terms and conditions from time to time and the amendments and replacements shall be effective as of the date of their publication on the platform.

f. The operator has the right to monitor operations and/or any content entered into the platform by the user.

g. Ownership of personal information related to the user, and in general any information or data provided on the platform when creating the account, is available for the benefit of the operator free of charge and without charge, and he has full right to use it for statistical and commercial purposes.

h. The operator, by his own decision, may:

• Modify any part of the platform or the services provided through it at any time.
• Publish announcements/circulars regarding amendments that the operator deems appropriate.
• Delete any content and/or suspend any account without having to explain the reasons.
• Amend these terms and conditions from time to time.

Platform Safe Use Policy

a. Using this platform in a way that causes or is likely to cause a violation of the rights of the Saber platform and/or the operator and/or any third party.

b. Submitting, transmitting or publishing any information that is or is likely to be harmful, indecent, defamatory or illegal.

c. Attempting to interfere with the operation of the platform or its functions, including using any software, procedures or devices with the aim of interfering with the platform.

d. Posting, uploading, transmitting, distributing or storing any content that may constitute infringement of any patent, trademark, trade secret, copyright or other proprietary or intellectual property right of any party.

e. Providing or uploading files to the platform that contain viruses or corrupted data.

f. Taking any action that results in an excessive or unreasonable load on the basic infrastructure of the platform.

g. Accessing data that is not intended to be provided to the user or visitor, or accessing a server or account that the user is not authorized to access.

h. Unauthorized access to the platform, whether by using a false password, misrepresentation, or attempting to perform any action on behalf of another person or others.

i. Attempting to conduct a test, survey, or examination for the possibility of infecting weak points in any of the platform’s systems, websites, or network.

j. Sending or procuring the sending of any unsolicited or unauthorized advertising or promotional materials or any other form of similar solicitation (spam).

k. Violating the terms of use of the platform in any other way.

Force Majeure Circumstances

a. Force majeure circumstances occur to the operator and affect his performance in implementing his obligations. The operator shall not be responsible for any defect or delay in the implementation of its obligations due to force majeure circumstances and without any negligence or negligence on its part. If such a circumstance was unexpected when signing these terms and conditions and during implementation, it does not prevent both the user and the operator from seeking amicably to settle or suspend these terms and conditions shall be implemented within a reasonable period determined by the operator.

b. For the avoidance of doubt, the operator's failure to perform its obligations shall not be considered a breach of these terms and conditions if this arises due to force majeure, provided that:

• That the operator has taken all reasonable precautions, due diligence and appropriate alternative measures to overcome his inability to perform his obligations with the minimum of delay, all for the purpose of implementing these terms and conditions.

c. For the purposes of these terms and conditions, force majeure circumstances include, but are not limited to: If the operator is unable or delayed in carrying out its work due to acts, events, omissions or accidents beyond its reasonable control and includes strikes, pickets or other industrial disputes (whether involving the workforce of the service provider). or any other party, failure of a service, public utility or transportation network, infectious disease, viral infection, general epidemic, chemical or nuclear radiation leaks, war, riots, civil strikes, willful damage or non-compliance with any regulation or a government rule or order, regulation or directive, accidents, plant or machinery cessation, fire, flood, storms, earthquakes or volcanoes.

Guarantees

a. The user guarantees the liability incurred by the operator as a result of the “use” or the user’s breach of these terms and conditions or negligence, resulting from any actions, claims or lawsuits, including costs, legal fees, attorney’s fees, and amounts paid in settlement for any of the above.

b. Without prejudice to the generality of clause (A), the “user” guarantees and undertakes to the operator that he will bear full responsibility for all actions and breaches that occur through his account and/or carried out by any of his affiliates, on a personal (direct) and joint basis.

Notification

a. The operator approves the e-mail address provided by the user when creating the account on the platform and/or the messaging feature provided by the platform for the purposes of sending any notice or any communication related to these terms and conditions from the operator to the user, and the user is considered to have received the notice or communication as soon as it is sent to the aforementioned e-mail address, or via the mentioned messaging feature.

b. Correspondence addressed to the operator will not be effective unless sent to the following e-mail address: ecare@saber.sa. The sender must receive a confirmation email.

c. The user understands that the operator may, from time to time, send messages for the purposes of marketing and promoting the goods and services of the operator, the operator’s partners, or others.

Applicable Law and Jurisdiction

Saudi legislation and regulations apply to these terms and conditions -in terms of their contract and validity- and to the relationship with the user formed pursuant to them, and to all disputes and claims related to the aforementioned, including those based on harmful action or unjust enrichment, and all disputes are referred to the competent Saudi judicial authority, located in the city of Riyadh.

General Provisions

a. These terms and conditions -as amended from time to time- and the policies constitute the entire agreement formed between the operator and the user regarding the use of the platform and the receipt of services and benefits available through it, including exemption from issuing a certificate of conformity (certificate for products not intended for display to the consumer) and any other documents published on platform.

b. The invalidity of any provision, condition or provision in these terms and conditions does not affect the validity and validity of the remaining terms, conditions and other texts. If it is decided to invalidate or suspend any of the provisions or undertaking on the grounds that it violates the provisions of any of the applicable regulations, this will not affect the validity of the remaining terms and conditions.

c. The user acknowledges that he has reviewed all documents and other conditions related to the platform and agrees to what they state.