Terms and Conditions

Applicable to all buyers who use monaqsat Platform



Welcome to monaqsat blockchain network, these terms and conditions are the contract between you and monaqsat (“us”, “we”, etc). By visiting or using monaqsat Platform, you agree to be bound by these terms and conditions. You must have a valid business license or registration number to be able to use Our Platform, you must be 18 years old or above to be able to use Our Platform. Our suppliers and category experts may also impose additional terms and conditions to which your contract with them will be subject.

monaqsat is a trade name of Saudi Procurement Services, a company registered in Riyadh, Kingdom of Saudi Arabia, under registration number .

Please Note: If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave our website and stop using monaqsat.



1.  Important Definitions

“monaqsat Platform”

means the mobile app, software application (web app) which enables you to source, manage, order and pay for Products & Services using your phone, tablet or computer.

 

It includes any “app” or other product, material or thing offered for licence by us on our platform, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “monaqsat” shall be a reference to all or part of the monaqsat Platform.

“Service”

means all of the services available from Our Website, whether free or charged. For the sake of good order "Service" does not include any service offered for sale on Our Website by any person other than us.

“Content”

means the textual, visual or audio content that is encountered as part of your experience using the monaqsat Platform. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by you and all of the content provided by Sellers to inform illustrate and promote sales of Products & Services

“Copy or Publish”

with reference to the monaqsat Platform, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.

“Device”

includes any device, work station, electronic application or electronic receiving device.

“Licence”

means a licence granted by us to you in the terms of this agreement for use of the monaqsat Platform..

“Our Website”

 

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

“Products & Services”

means any product & service offered for sale on Our Platform, through any medium.

“Supplier”

“Expert”

means a person or organisation whose Products & Service are offered for sale through the monaqsat Platform.

means a person or organisation whose Services are offered for sale through the monaqsat Platform.

“Software”

means the software which constitutes the monaqsat Platform or which provides any electronic function which supports the use of it.

2.  Our contract

2.1.       We may refuse service if you live in a country we do not serve or are restricted by law.

2.2.       In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.

2.3.       We are neither a buyer nor a supplier of Products & Services offered for sale in any form. We are not either a principal or agent in a buying transaction.

2.4.       monaqsat Platform is a SaaS enabled marketplace. We are agents of a Supplier and Expert only to the extent of use of Our Website as a platform for the sale of his Products & Services and for collection and forwarding of your payments. We are not responsible to you further than to take your payment and pass it to the Supplier or Expert.

2.5.       We welcome any comment or complaint about a Supplier or Expert, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of our members.

2.6.       We are not responsible for delivery of any Products & Services you order or for the returns and repayment procedure should you decide to return a Product for any reason.

2.7.       In any dispute with a Supplier, you should deal only with the Supplier. We have neither legal obligation nor detailed information about the Products & Service.

2.8.   In any dispute with an Expert, you should contact the expert immediately first, if there is no solution to your dispute, you can contact us immediately by filing an official complaint through our official support channels and we will take all necessary means to solve it.

2.9.   this agreement is made only in multilingual context. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2.10.       We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy any Products & Services .

3.  Your account and personal information

3.1.       When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps and means to ensure that the password, personal keys and OTP is kept confidential and secure. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately or take actions like resetting your password,

3.2. For security and authentication purposes, we have enabled security measures like two factor authentication (2FA) by default to secure your account.

3.3.       You agree that you have provided accurate, up to date, and complete information about yourself and your business. We are not responsible for any errors made as a result of such information being inaccurate. We reserve the right to revoke, terminate your account if you violate these conditions at any time.

3.4.       You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate or revoke your account access.

4.  Buying Terms

4.1.       monaqsat is not responsible for the fulfilment of your contract to buy Products & Services.

4.2.       Prices listed on Our Website by Supplier or Expert are including any applicable sales tax, VAT, shipping fees etc.

4.3.       Unless it is clear to the contrary, you may assume that every sale is made by a Supplier or an Expert in the course of his business.

4.4.       Products & Services offered for sale may be subject to any discount or promotion arranged between monaqsat and the Supplier.

4.5.       If, by mistake, Supplier or Expert have under-priced Products & Services, we will not be liable to supply that to you at the stated price, provided that Supplier should notify you before dispatch it to you.

4.6.       Subject to discounts and promotions, Products & Service are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.

4.7.       If Applicable all Products & Services may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Supplier for each Products & Services offered for sale. It may be changed at the discretion of the Supplier.

4.8.       Neither we nor the Supplier can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any Products & Services.

4.9.       Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

4.10.    For security purposes you agree that some time we may not permit more than the maximum number of transactions with you in a given period of time.

4.11.    To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. Kindly check our payment service provider terms and conditions. For details about disclosure of personal information please see our privacy policy.

4.12   Communication Policy, as a Buyer, you agree to only communicate with Supplier and Expert directly through the monaqsat Platform and its communication tools.

5.  Acceptance

5.1.       Your order is an offer to buy Products & Services from the Supplier or Expert.

5.2.       Nothing said or done by the Supplier or Expert is an acceptance of an order until the Supplier or Expert actually acknowledges the requested Products & Services.

5.3.       At any time before acknowledging the requested Products & Services, the Supplier or Expert may decline to supply the Products & Services requested by you without giving any reason.

5.4. At any time after acknowledging the requested Products & Services, the Supplier or Expert must commit to supply the Products & Services requested by you.

6.  monaqsat guarantee

6.1.       To give you the utmost confidence in the monaqsat buying experience, we offer you a payment protection through our smart blockchain escrow :

6.1.1.       After Supplier or Expert acknowledge the order and fails to supply or deliver Products & Services requested by you for which you have paid for in advance (if applicable), we ourselves will refund the cost to you.

6.2.       This guarantee is subject to the following conditions:

6.2.1.      you must first follow the returns and refunds procedure set out on Our Website;

6.2.2.      We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;

6.2.3.      the claim form must be completed truthfully and accurately;

6.2.4.      you must not have requested a chargeback from your credit/ debit card company (if applicable).

6.3.       The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.

7.  How we handle your Content

7.1.       Our privacy policy is strong and precise. It complies fully with current international standards of information privacy law.

7.2.       If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

7.3.       Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in to access it. You should therefore avoid Posting unnecessary confidential information.

7.4.       We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.

7.5.       We will use that licence only for commercial purposes of the business of Our Website.

7.6.       You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act.

7.7.       You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

7.8.       Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

7.9.       You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law which may occur as a result of any Content having been Posted by you;

7.10.    You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

7.11.    Notify us immediately of any security breach or unauthorised use of your account.

7.12.    We do not solicit ideas or text for improvement of our Service, but if you do send us material of any sort, you are deemed to have granted us a licence to use it.

8.  Security of your Credit / Debit Card

We take care to make Our Website safe for you to use.

8.1.       Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt and tokenize your card or bank account details in a secure environment.

8.2.       If you have asked us to remember your card details in readiness for your next purchase or subscription, we will securely store and tokenize your payment details on our systems. These details will be fully encrypted and tokenized and only used to process your automatic monthly payments or other transactions which you have initiated.

9.  Restrictions on what you may Post to Our Website

We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted violates the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

9.1.    be unlawful, or tend to incite another person to commit a crime;

9.2.    consist of commercial audio, video or music files of someone else.

9.3.    be obscene, offensive, threatening, violent, malicious or defamatory;

9.4.    be sexually explicit or pornographic;

9.5.    be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

9.6.    use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

9.7.    request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

9.8.    be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

9.9.    include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such a place as we designate;

9.10.  facilitate the provision of unauthorised copies of another person's copyright work;

9.11.  link to any of the material specified in this paragraph;

9.12.  use distribution lists that include people who have not given specific permission to be included in such distribution process;

9.13.  send age-inappropriate communications or Content to anyone under the age of 18.

10.  Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

10.1.    hyperlinks, other than those specifically authorised by us;

10.2.    keywords or words repeated, which are irrelevant to the Content Posted.

10.3.    the name, logo, trademark or intellectual property of any organisation other than yours.

10.4.    inaccurate, false, or misleading information.

11.  Removal of offensive Content

11.1.    For the avoidance of doubt, this paragraph is addressed to any person or company who comes on Our Website for any purpose.

11.2.    We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

11.3.    If you are offended by any Content, the following procedure applies:

11.3.1  your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

11.3.2  we shall remove the offending Content as soon as we are reasonably able;

11.3.3  after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

11.3.4    Depending on the case, we may reinstate the Content about which you have complained or we may not.

11.4.    In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

11.5.    You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

12.  Grant of Licence to use monaqsat

12.1.    The licence is property of monaqsat and is offered for free and may be subject to payment of the licence fee and to the other terms of this agreement.

12.2.    We do not offer the Licence in all countries. We may refuse or revoke a Licence and return your payment (if applicable) if you live in a country we do not serve or restricted by law.

12.3.    The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.

12.4.    No express or implied licence of monaqsat or any other material is granted to you other than the express Licence granted in this agreement.

12.5. In addition to the terms above, you also agree to our EULA.

13.  Restrictions of use

You agree that you will not:

13.1.    use monaqsat Platform for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines monaqsat Platform.

13.2.    reverse engineer, decompile, or disassemble the Software.

13.3.    sub-license, copy or share the Software or the monaqsat Platform.

13.4.    Copy or Publish except as specifically allowed in this agreement.

13.5.    represent or give the impression that you are the owner or originator of monaqsat Platform.

13.6.    remove any identification or reference number or other information which may be embedded on monaqsat Platform.

13.7.    allow any other person to use monaqsat Platform except in the situation or context for which you have signed up for.

14.  Interruption to our Service

14.1.    We give no warranty that our Service will be satisfactory to you.

14.2.    We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reasons. We may do so without telling you first.

14.3.    You acknowledge that our Service may also be interrupted for reasons beyond our control.

14.4.    You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

15.  Storage of data

15.1.    You agree that bandwidth and storage requirements shall not exceed the adequate amount that suits your business needs.

15.2.    If your bandwidth and storage requirement exceeds the normal use we may in our discretion:

15.2.1    charge the price when applicable for the abnormal usage you have used, such charges to be paid within 7 days of the invoice date.

15.3.    We may, from time to time, set a limit on the number of messages you may send, store, or received through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

15.4.    We maintain reasonable procedures for periodical backup of your data to prevent loss of critical information. but we give no warranty that your data will be saved or backed up in any particular circumstances.

16.  Disclaimers and limitation of liability

16.1.    The law differs from one country to another. This paragraph applies so far as the applicable law allows.

16.2.    All implied conditions, warranties and terms are excluded from this agreement.

16.3.    We provide a SaaS enabled Marketplace for the supply of Products & Services. We are in no way responsible for:

16.3.1  locating and ordering  Products & Services;

16.3.2  your choice of Products & Services;

16.3.3  any aspect of the provision of Products & Services;

16.3.4  refund payment for any completed orders;

16.4.    Our Website includes Content Posted by Supplier, Expert and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us immediately via the appropriate channel on Our Website.

16.5.    You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.

16.6.     Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

16.7.    We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

16.8.    We shall not be liable to you for any loss or expense which is:

16.8.1  indirect or consequential loss; or

16.8.2  economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

16.9.       You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Supplier or Expert for a Products & Services.

16.10.  This paragraph and any other paragraph which excludes or restricts our liability applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

17.  Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

17.1.    any act, neglect or default of yours in connection with this agreement or your use of the Services;

17.2.    your breach of this agreement;

17.3.    your failure to comply with any law;

17.4.    a contractual claim arising from your use of the Services.

18.  Miscellaneous

18.1.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18.2.    The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

18.3.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

18.4.    Any communication to be served on either party by the other shall be delivered by recorded delivery or by email.

18.5.    In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

18.6.    So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

18.7.    Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

18.8.    In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

18.9.    The validity, construction and performance of this agreement shall be governed by the laws of the Kingdom of Saudi Arabia and the parties agree that any dispute arising from it shall be litigated only in that country.

Contacting monaqsat:

You may contact monaqsat using the information below:

Al Riyadh - Imam Abdullah Bin Saud Road, Exit-9

(+966)544990055   |     project@monaqsat.com

© 2021 monaqsat. All rights reserved.

monaqsat services mentioned herein as well as their respective logos are trademarks or registered trademarks of monaqsat in Saudi Arabia and other countries.

Terms and Conditions

Applicable to all suppliers who use monaqsat Platform

Welcome to monaqsat blockchain network, these terms and conditions are the contract between you and monaqsat (“us”, “we”, etc). By visiting or using monaqsat Platform, you agree to be bound by these terms and conditions. You must have a valid business license or registration number to be able to use Our Platform, you must be 18 years old or above to be able to use Our Platform. Our Buyers may also impose additional terms and conditions to which your contract with them will be subject

monaqsat is a trade name of Saudi Procurement Services, a company registered in Riyadh, Saudi Arabia, under registration number 1010464489.

Please Note: If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave our website and stop using monaqsat.

1.  Definitions

"Pay as you Sell"

means the on demand payment processing fee you pay to us, when you sell through our platform.

"Content"

means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you both directly to offer your Products & Services for sale and indirectly, for any other purpose.

"Device"

includes any computer, device, work station, electronic application or electronic receiving device.

            “Buyer”

means company professionals or a person looking for a certain service or product from suppliers in monaqsat Platform.

“monaqsat Platform”

means the mobile app, software application (web app) which enables you to manage orders and sell  Products & Services using your phone, tablet or computer.

       "Our Website"

means any website or Service designed for electronic access by mobile or fixed Device which is owned or operated by us. It includes all of the hardware and software installations that enable our website to function.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

"Product & Services"

means any item offered for sale by you on Our Website, whether physical goods, downloads, services, together with all supporting text, and information in any medium.

         "Service"

means all of the services available from Our Website, whether free or charged. For the sake of good order "Service" does not include any service offered for sale on Our Website by any person other than us.

2.  Interpretation

In this agreement unless the context otherwise requires:

2.1.       a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.

2.2.       a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.3.       a reference to a person includes a reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

2.4.       the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

2.5.       any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.6.       except where stated otherwiseany obligation of any person arising from this agreement may be performed by any other person;

2.7.       in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

2.8.   this agreement is made only in multilingual context. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

 

3.  Our contract

3.1.       The relationship between us is solely that:

3.1.1.       monaqsat Platform is a SaaS enabled marketplace. In consideration of the Fee charged by us, we provide for you a free cloud SaaS marketplace store to sell your Products & Services to business from around the world.

3.1.2.       we act as your agent solely in the collection of amount paid by your buyer.

3.2.       If you place Products & Services for sale on Our Website, you are subject to these terms.

3.3.       When you place Products & Services on Our Website, you will be bound to provide on Our Website all the information required by the Competition and Consumer.

3.4.       The amount of the Fees and any applicable shipping fees using our third party logistics services are set out in the Fee schedule, placed on your supplier platform settings page.

3.5.       We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.

3.6.       In contracting with users of Our App, we make certain assumptions as to your compliance with the law and to the selling procedures set out on Our Website. You agree to comply with those procedures.

3.7.       Insofar as we provide points of guidance on Our Website, relating to Products & Services delivery, returns, payments and other practical matters, such guidance is not to be interpreted as appropriate to your particular Products & Services or circumstances. They do not differentiate between the compliance requirements of different merchants nor do they cover exclusions which may apply to you or to some of your Products. Accordingly, you must not assume that you have complied with the law by adopting our standards. Accordingly, your compliance must be provided by:

3.7.1.       your business procedures;

3.7.2.      all of the pre-purchase information you give to prospective buyers;

3.7.3.       the content on your website.

3.7.4.    law of the country your business is registered and operate.

For the sake of good order, we remind you that the law provides that all information of whatever nature, provided to a buyer, is deemed to be relevant and true.

3.8.       Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products & Services from offer if a customer or Our Website visitor has a valid complaint against you.

3.9.       Subject to this agreement and to the procedures set out on Our Website, you may enter Products & Services for sale through Our Website.

4.  Your licence to us

4.1.       You now warrant that:

4.1.1.       you have the authority to enter into this agreement and bind the person or organisation named by you as the Supplier and licensor;

4.1.2.       you own the copyright in all Content you may Post to Our Website or that you have the permission of the owner to use it and to grant this licence to us.

4.1.3.       you know of no lawful reason why any person should object to or claim for infringement of any intellectual property rights relating to any Content you may Post.

4.2.       In Posting data through our Service you grant to us an irrevocable, sub-licensable, licence to display your Products & Services in images and text in the public domain. In doing so you understand and accept that we shall grant a sublicense to any person in any terms we may from time to time decide to download your Products & Services images or any other Content, to his mobile phone.

4.3.       We will use that licence only for commercial purposes only.

4.4.       You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright Act.

4.5.       You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.

4.6.       Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

4.7.       You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law which may occur as a result of any Content having been Posted by you;

4.8.       You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

4.9.       Notify us immediately of any security breach or unauthorised use of your account.

4.10.    We do not solicit ideas or text for improvement of our Service, but if you do send us material of any sort, you are deemed to have granted us a licence to use it in the terms.

5.  Your Products & Services placement

You agree:

5.1.       Knowingly or not knowingly to place any Product & Services for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.

5.2.       to make suitable arrangements for the delivery of each Products & Services, including packaging and carriage, so that you can comply with the delivery terms you have given to your buyer.

5.3.       immediately to remove from sale on Our Website any Products & Services which for any reason, you are unable to supply.

5.4.       not to replace any Products & Services we remove from offer for sale.

5.5.   you have to define a refund policy for each Products and Services you post.

5.6.     use appropriate Products & Services descriptions, specifications, images, videos, technical schedules and documents etc..

5.7.     You can use our promotion tools to promote your Products & Services or your supplier profile using our offer packages for main page or per category advertisement.

6.  Your account and personal information

6.1.        When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps and means to ensure that the password, personal keys and OTP is kept confidential and secure. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately or take actions like resetting your password,

6.2.       You agree that you have provided accurate, up to date, and complete information about yourself and your business. We are not responsible for any errors made as a result of such information being inaccurate. We reserve the right to revoke, terminate your account if you violate these conditions at any time.

6.3.       You agree to notify us of any changes in your information immediately.

6.4.       We may terminate revoke your account access immediately and without notice to you if you fail to notify us of any such changes.

6.5. For security and authentication purposes, we have enabled security measures like two factor authentication (2FA)  by default to secure your account.

7.  Selling Terms

7.1.       You agree that a contract to sell Products & Services offered by you is a firm and binding contract as soon as your buyers payment has been accepted by our payment service provider.

7.2.       Deliveries of Products & Services will be made from your premises directly, we are not responsible to deliver or fulfil any order. You may also use the services offered from our third party logistics partner, this is subject to the contract between you and your buyer. Please note In your contract with buyer you should clearly specify the mode of delivery and expense involved.

7.3.       In the absence of information to the contrary, you agree to despatch a Products & Services within 72 hours of notification of order by your buyer, by a method likely to reach the buyer within a further seven days.

7.4.       You agree that you will notify the buyer by email, chat or direct communication on the date of sending, that Product & Services has been despatched and of the expected delivery date.

7.5.       If at any time, any buyer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and advise the buyer of what you are doing to rectify the issue and when you expect to be able to deliver the order.

7.6.       If it is apparent that a customer has not received a Product within 15 days of the expected delivery date, you will refund any amount and fees paid, including any delivery charge or taxes. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.

7.7.       Products & Services offered for sale may be subject to any discount or promotion arranged between you and us.

7.8.       Subject to discounts and promotions, Products & Services offered for sale on Our Website at a fixed price, including any applicable fees, sales tax, VAT, shipping fees etc.

7.9.       All Products & Services may be subject to a delivery charge fee if you used our third party logistics partner service. It may be changed at your discretion. Once you have sold an item, the delivery charge offered by you at the time of purchase cannot be increased.

7.10.    You agree to provide and maintain an adequate stock of any Products posted by you for sale through Our Website.

7.11.    You agree to comply with the requirements implied in the basic returns policy set out on Our Website. You also agree to provide for your buyer a return policy for any Products & Services you offer through Our website.

7.12    Your offer to sell Products & Services to buyers is not an order.

7.13     Nothing said or done by the buyer is an acceptance of an offer until the buyer actually send you an order acknowledgment for  the requested Products & Services.

7.14    At any time before acknowledging the requested Products & Services, the buyer may decline the requested order without giving any reason.

7.15    At any time after mutual acknowledgement of the requested Products & Services, the buyer or Supplier must commit to the order requested and can't cancel the order.

7.16   Communication Policy, as a Supplier, you agree to only communicate with Buyer directly through the monaqsat Platform and its communication tools.

8.  Products & Services returned

You agree that you will at all times:

8.1.       reply promptly and in any event within 72 hours to any buyer message or other correspondence;

8.2.       comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your buyers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.

8.3.       when you have an obligation to return money to a buyer for any reason, you will do so immediately in line with the returns and refunds policy set out on Our Website;

8.4.       immediately tell your buyers in the event that Products & Services bought are not available.

8.5.       comply with our procedures relating to satisfaction of an order of Products & Services returned and payment refunds, as set out on Our Website from time to time.

8.6.       provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

9.   monaqsat guarantee

   To give you the utmost confidence in the monaqsat selling experience, we offer you a payment protection through our smart blockchain escrow :  [Check smart escrow flow below]

9.1.       You list your Products & Services at the price you place on it and its subject to these terms and subject also to the requirements we set out on Our Website from time to time.

9.2.       Our fees are very simple, you can pay as you sell on demand. For more information on the fees schedule please check your platform settings. You irrevocably authorise our smart blockchain escrow to deduct payment processing fees and any fees from sums paid by your buyer.

9.3.       Our Website payout system is an automated system which can be followed by you through the payout history section in your platform settings.

9.4.       the proportion of each sale receipt retained by us is as set out in your platform settings.

9.5.       where our fees are based on a pay as you sell model, you may not artificially inflate and manipulate the total price of Products & Services in order to reduce our fees. If we believe that you do so, we may immediately cease to deal with you and terminate your account access.

9.6.       Our payout cycle generally is on every Sunday of the week.

9.7.       In order to receive a payout you must provide a valid business bank account as the payout method in your Supplier platform settings. Currently, we do not support payouts to a credit / debit card or alternative payment methods, like PayPal.

9.8.   our smart blockchain escrow will initiate payouts to your selected payout method once contractual agreement is fulfilled.

9.9.   the time it takes for payout to be delivered on your business bank account is depending on your selected payout method and the location of your business bank account.

9.10.       For security reasons, we reserve the right to delay or cancel payouts anytime to investigate fraud and prevent any unlawful activities.  

9.11.       We will send you an invoice for our charges.

9.12.      we will not be held liable for any payouts not received because of providing a false business bank account that does not belong to you.

9.13.     you agree that we may deduct any fees related to you using our third party logistics service provider and any bank fees if applicable, from any sum due to you.

9.14.    If you or we accept any return from a buyer and consequently refund his payment, we are not obliged to repay any fees to you.

9.15.    If in our discretion we believe that your performance as a supplier results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

10.  Service tax

10.1.    Fees specified in Our Website may be exclusive or inclusive of any tax or VAT or any bank charges.

10.2.    monaqsat has the right to demand additional information about your business so far as it may affect your VAT / TAX registration, at any time, from you or from a governmental authority.

11.  Advertising your Products & Services

If you accept our offer to advertise, market or promote your Products & Service, the following conditions apply.

11.1.    We may use the services of a third part specialist internet marketing business associated with us.

11.2.    Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.

11.3.    The price charged to you will include all payments we make to others.

11.4.    We give no guarantee as to the success of any advertising placed.

11.5.    We shall receive no secret fees on advertising services. But note that the service supplier is associated with us.

12.  Your Products & Services warranties

You warrant that:

12.1.    any Product & Services you place on Our Website for sale:

12.1.1    does not infringe the intellectual property rights of any person or company;

12.1.2    does not offend against the law of any country whose citizens might purchase it;

12.1.3    is not intended primarily to advertise any business, except your business.

12.2.    you own the intellectual property rights in any Products & Services you place on Our Website for sale, or that you have the permission of the copyright owner:

12.2.1    to place the Products & Services on Our Website for sale;

12.2.2    to receive the net proceeds of such sales as arise;

12.2.3    to defend the copyright of the Products & Services.

13.  Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

13.1.    any act, neglect or default of yours in connection with this agreement or with any Products & Services of yours or with your use of our Services;

13.2.    your breach of this agreement;

13.3.    your failure to comply with any law;

13.4.    any act, neglect or default by any agent, employee, licensee or customer of yours;

13.5.    a contractual claim arising from your use of the Services;

This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.

14.  Post Restrictions

We invite you to contribute Content to Our Website in several ways, as for example to upload information and sales material to promote your Products & Services. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check Content Posted, but we do protect our business vigorously. If we believe Content Posted violates the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content, upload Content or undertake any activity which is or may:

14.1.    be unlawful, or tend to incite another person to commit a crime;

14.2.    be obscene, offensive, threatening, violent, malicious or defamatory;

14.3.    be sexually explicit or pornographic;

14.4.    be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

14.5.    use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

15.  Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

15.1.    hyperlinks, other than those specifically authorized by us;

15.2.    keywords or words repeated, which are irrelevant to the Content Posted.

15.3.    the name, logo,  trademark and intellectual property of any organisation other than yours.

15.4.    inaccurate, false, or misleading information;

15.5.    material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

16.  Removal of offensive Content

16.1.    We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

16.2.    If you are offended by any Content, the following procedure applies:

16.2.1    Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

16.2.2    we shall remove the offending Content as soon as we are reasonably able;

16.2.3    after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

16.2.4    we are free to either reinstate your content, or not, as we decide.

17.  Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

17.1.    modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

17.2.    link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

17.3.    download any part of Our Website, without our express written consent;

17.4.    collect or use any Product & Service listings, descriptions, or prices;

17.5.    collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

17.6.     aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

17.7.    hide or remove the banner advertisements on any page of Our Website;

17.8.    share with a third party any login credentials to Our Website;

17.9.    Despite the above terms, we now grant a licence to you to:

17.9.1    Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any Products & Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

17.9.2    you may copy the text of any page for your personal use in connection with our business.

18.  Interruption to our Service

18.1.    We give no warranty that our Service will be satisfactory to you.

18.2.    We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reasons. We may do so without telling you first.

18.3.    You acknowledge that our Service may also be interrupted for reasons beyond our control.

18.4.    You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

19.  Storage of data

19.1.    You agree that bandwidth and storage requirements shall not exceed the adequate amount that suits your business needs.

19.2.    If your bandwidth and storage requirement exceeds the normal use we may in our discretion:

19.2.1    charge the price when applicable for the abnormal usage you have used, such charges to be paid within 7 days of the invoice date.

19.3.    We may, from time to time, set a limit on the number of messages you may send, store, or received through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

19.4.    We maintain reasonable procedures for periodical backup of your data to prevent loss of critical information. but we give no warranty that your data will be saved or backed up in any particular circumstances.

20.  Copyright and other intellectual property rights

20.1.    All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products & Services for sale. It is all protected by international copyright laws.

20.2.    You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this agreement or with our written consent.

20.3.    For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

21.  Disclaimers and limitation of liability

21.1.    The law differs from one country to another. This paragraph applies so far as the applicable law allows.

21.2.    All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

21.3.    We make no representation or warranty that our Service will be:

21.3.1    useful to you;

21.3.2    of satisfactory quality;

21.3.3    fit for a particular purpose;

21.3.4    data-secure;

21.3.5    available or accessible, without interruption, or without error.

21.4.    We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

21.5.    We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

21.6.     We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.

21.7.     You acknowledge that our Service may also be interrupted for reasons beyond our control.

21.8.     You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

21.9.     You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

21.10.  Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

21.11.   This paragraph and any other paragraph which excludes or restricts our liability or provides an indemnity to us applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

21.12.   If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us through official channels in Our websiteWe welcome your input but do not guarantee to agree with your judgement.

21.13.   Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

22.  Grant of Licence to use monaqsat

22.1.    The licence is property of monaqsat and is offered for free and may be subject to payment of the licence fee and to the other terms of this agreement.

22.2.    We do not offer the Licence in all countries. We may refuse or revoke a Licence and return your payment (if applicable) if you live in a country we do not serve or restricted by law.

22.3.    The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.

22.4.    No express or implied licence of monaqsat or any other material is granted to you other than the express Licence granted in this agreement

22.5. In addition to the terms above, you also agree to our EULA.

23.  Miscellaneous

23.1.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

23.2.    The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

23.3.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

23.4.    Any communication to be served on either party by the other shall be delivered by recorded delivery or by email.

23.5.    In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

23.6.    In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

23.7.    The validity, construction and performance of this agreement shall be governed by the laws of the Kingdom of Saudi Arabia and the parties agree that any dispute arising from it shall be litigated only in that country.

 

Contacting monaqsat:

You may contact monaqsat using the information below:

Al Riyadh - Imam Abdullah Bin Saud Road, Exit-9

(+966)544990055    |     project@monaqsat.com

 

© 2021 monaqsat. All rights reserved.

monaqsat and other monaqsat products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of monaqsat in Saudi Arabia and other countries.