Terms & Conditions

Terms and Conditions of use

Introduction:

We welcome you to NMD, and thank you for your trust in us and cooperation with us, as we extend an digital platform linking cement factories with concrete factories in the place of theD-Commercial Register No. (1010503549).

The following are the terms and conditions that apply to all users regarding the process of using the platform "NMD" as well as all associated sites and services, noting that the use of the platform is considered as your acceptance of these terms and conditions.

Please note that our Privacy Policy applicable to the Privacy Policy (Privacy Policy link) should be reviewed and approved as an integral part of these Terms and Conditions.

About NMD platform:

A Saudi digital platform established in 2019, specialized in raw materials and works as a link between 3 parties, namely: suppliers, raw materials factories, factory owners and project managers, where we combine them in one digital platform, and organize the process of sale and purchase in one market, which facilitates for our customers ways to access raw building materials in a qualitatively different way that saves a lot of time, effort and cost as it facilitates the purchase process and facilitates the process of displaying goods for suppliers while preserving their financial rights.

Definitions:

Platform: We "NMD" and our authorized employees and agents.

Digital platform: It means all the digital platforms and outlets of NMD that are used.

User: Anyone who uses the platform "NMD" and can participate in it.

Consumer: means any consumer who purchases the product or service from the stores registered in NMD platform through the e-merchant store created through NMD platform.

Third Party Service Providers: means merchants and suppliers specialized in selling products and providing services through the establishment of the digital platform, whether a natural or legal person to others, within the framework of the services provided for in this editor or within its scope.It also means services provided by a third party such as shipping brokers and electronic payment methods provided by the Emadat platform, and the provision of services is intended merely to provide the link between the merchant and the service provider, as NMD platform has nothing to do with and has no authority with the agreement concluded between the merchant and the service provider.

Services: Products or services provided and owned by independent suppliers, merchants or service providers who have agreed to make a list of such products or services on NMD platform and for example (Building Raw Materials) through the service providers available on NMD platform. These suppliers and/or service providers have agreed in writing with NMD to provide the products or services placed for orders through NMD platform.

Digital auction: It is an auction that contains the original (public) auction services but converts them into electronic services, and enables the platform to manage the auction process between the parties, where it allows qualified people to enter and bid at any time and from anywhere with ease.

Supplier Company: Refers to any independent store that provides a variety of products or services that are displayed on the website.

Supplier Products: means products contained in lists offered by suppliers, service providers or merchants through the Website for the purpose of purchase by users.

Store: means the online store created on NMD platform.

 Service Provider Offers: means offers or discounts that may be offered or provided by the Service Provider.

Intellectual Property:means any rights to invention, copyright, patent, rights in trademarks, service marks, design rights, rights in computer programs, rights in a database, or any other intellectual property rights

Force Majeure: means any fatalistic event, including but not limited to fire, floods, storms, tornadoes, volcanic activities, earthquakes, as well as any actions, orders or requests issued by a government entity and/or any body presumed to be acting on behalf of that entity, as well as war, whether declared or undeclared, acts similar to war, revolutions, riots, civil disobedience, civil unrest, as well as strikes, inactivity, cessation of work, or similar cases or Acts that fall within the scope of labour disputes, interruption of Internet service or any other similar cause and beyond the control or control of any party, unless its execution is a warranty performance applicable under an express waiver of exemption in the event of a force majeure event.

Applicable Law: The laws and regulations in force in the Kingdom of Saudi Arabia and all binding references issued by the competent authorities in the Kingdom of Saudi Arabia, including the rules issued by the "Official Authority" as a public entity with jurisdiction within its legal competence..

User Statements, Obligations and Warranties :-

1.     Users must have be completely authorized to use the Platform at least 18 years of age or the legal age in force in your region, whichever is higher.

-       If the user is a legal personality "companies":-

-       You have a registered business entity in accordance with the laws of the Kingdom of Saudi Arabia or applicable in your region.

-       Have a valid commercial license

-       You can provide proof of authorization for individuals who register on or use the Site

-       Provide proof of identity to the authorized person

-       Provide supporting bank statements.

2.     In the event of a violation of the eligibility clause, the Merchant agrees to bear the consequences of this violation in front of consumers, users or third parties or the damages that may be caused to NMD platform.

3.     The account registration process requires you to apply to NMD with certain information, including but not limited to:

-       Company name , commercialregistrationnumber and address

-        Natural person's name, ID or residence number, address and phone number

-       Address

4.     You agree that true, accurate, complete and up-to-date information about you will be saved on the account.

5.     You shall be responsible for every activity that takes place within the framework of your account.

6.     Commitment to agree to maintain and maintain the application of security measures to your username and password, unless otherwise authorized by NMD in writing.

7.     User accounts may not be transferred, so you agree to refund the value of any use of your account, which was not valid, authorized or applicable in accordance with the law, and was done by you or any person who can access the Website, Services or otherwise through the use of the username or password specified by you.

8.     Once you apply to join the platform and establish an online store, you disclose specific information and choose a username and password to use when entering the platform and activate your account, you will become a user of the services of NMD platform and thus you have agreed to:

-       You are responsible for maintaining the confidentiality of your account information and password confidentiality, and you agree to notify NMD Platform immediately of any unauthorized use of your account information with NMD or any other breach of your Confidential Information.

-       In no event will NMD be liable for any loss that may be inflicted on you directly or indirectly, moral or material, as a result of the disclosure of username or password information or in the event of misuse of the store.

-        You are obliged to use your online store yourself, as you are fully responsible for it, and if others use it, this means that you have authorized it to use the store in your name and for your account unless the store informs the management of the platform otherwise.

-       When using NMD platform, you are obliged to use it with all seriousness and credibility, to comply the rules and provisions of the Usage Agreement and to comply with the statutory and legal controls in force in the Kingdom of Saudi Arabia, and you are obliged to compensate NMD platform for any direct or indirect losses that may be caused to NMD platform as a result of any illegal, unreal or unauthorized use of your account by you or by any other person who has obtained the keys to access your account on the Platform, whether to perform the services. By using your username and password or as a result of your negligence to maintain the confidentiality of your username and password, whether authorized by you or without authorization.

-       You are obligated to disclose true, true, up-to-date, complete and legal information about yourself as required during registration with NMD platform and are obliged to update your data in the event that it changes in fact or if it is needed.

-       Do not include in your username any of your contact details such as email addresses, phone numbers or any personal details, or any phrase that refers to a personal or commercial relationship between you and NMD Platform or its employees or owners.

-       Do not place any reference in your store to any direct or indirect relationship between the store and NMD platform, its management, owners or employees, as NMD platform has nothing to do with what you do in your store and is not responsible for the activity of your store.

-       NMD is committed to treating your personal information and contact addresses confidentially in accordance with the provisions of the Privacy Policy and confidentiality of information applicable to NMD.

-       You will be obliged to maintain and always update the registration data to keep it true, true, complete and legal, and if you disclose information that is untrue, incorrect, out of date, incomplete, illegal or in violation of the terms of the usage agreement, NMD has the right to suspend, freeze or cancel your membership, store and account on the platform, without prejudice to the rights of the other platform and its legitimate means of recovering its rights and protecting the rest of the users.

-       In case of non-compliance with any of the above, the management of NMD platform has the right to suspend or cancel your store or membership or block you from accessing NMD platform Services again. It further reserves the right to cancel any unconfirmed and unverified accounts, operations or accounts that have been inactive for a long time.

9.     The Merchant agrees that the official means of communication between NMD platform and the Merchant is by e-mail, or through public messages received to all users or to specific users upon access to their accounts within the Platform, and that all agreements, advertisements, data and other communications take the place of their written counterparts, which is a stand-alone argument in meeting legal procedures.

10.  The store established in accordance with the agreement to use NMD platform must not violate the laws and regulations in the Kingdom of Saudi Arabia, and the merchant is obliged to clarify what works he does and the products and services he provides through the electronic store, and shall be solely responsible to government agencies and others in case of violation of the laws, laws and Sharia provisions, where the platform relinquishes its full responsibility for the activities of the stores and their violations.

11.  The merchant adheres to all applicable laws to regulate electronic commerce as well as compliance with the information crimes system, the regulations of the Ministry of Commerce, the electronic transactions systems, the e-commerce system, the intellectual property rights system and the trademark system.

12.  The Merchant shall not be entitled to use NMD platform if his membership or store is cancelled by NMD platform or by virtue of court orders or rulings.

13.  The Merchant acknowledges that before registering on the digital platform he has verified the availability of all the procedures and requirements required by the official authorities and has met all these requirements to practice his activity in the store.

14.  The merchant applying for registration on the platform, whether a natural or legal person, is obliged to provide the official supporting information required by the platform, which is to name a few of the national identity number andthe commercial registration number.

15.  The Merchant is obliged to determine the price of the service or goods that he offers in his store according to the recognized market value, and NMD platform has nothing to do with in any way miscalculating the cost of the products or services offered in the stores on NMD platform, as estimating them in the commercially accepted form is an obligation of the merchant.

16.  The merchant is obliged to provide invoices, receipt bonds and receipt bonds for all amounts and profits that arise in his store, and is obliged to indicate in all these invoices the type of goods or service, their quantities, descriptions and value, and therefore the merchant is obliged to provide the required accounting specifications in his electronic store, in application of the provisions of this agreement, and because of the legal, economic and commercial interests of the traders, and in the event that the merchant violates the provisions of this clause, he is consideredto be responsible for any damages that may arise as a result of this violation without any Responsibility on NMD platform.

17.  You have no objection to granting NMD an unlimited, perpetual, irrevocable, exempt, and licensed right to use personal or other information or materials that you have provided, provided or declared on the Platform by joining it or establishing your store, through the forms dedicated to communication and registration, or through any email or any of the communication channels available on the Platform. This is with the aim of achieving any of the interests that the platform deems appropriate.

18.  The only merchant responsible for the information he has sent or published and the role of the platform is limited to allowing you to view this information through NMD platform and through its advertising channels.

19.  The Merchant undertakes to comply with all applicable laws and regulations within the Kingdom of Saudi Arabia regarding his products and while using NMD platform, as well as the applicable laws, terms and conditions governing the use of the Internet, the Usage Agreement, the Privacy Policy and the confidentiality of information in force at NMD platform In the event that any of the Merchants violates what is stated in this paragraph, he acknowledges the right of NMD platform to take any of the following actions, which are to name a few: Alert, stop the service and close the store, return any outstanding amounts in electronic payments to consumers.

20.  The Merchant is committed and acknowledges that he will not make false or manipulative purchases on the Platform, will not use an unreal name or any unreal personal information, or use a credit card that does not belong to him without authorization to purchase, as the Platform has the right to take appropriate legal action against anyone who carries out fraudulent operations of this kind

21.  As a merchant in NMD platform, you are obligated not to allow advertising or posting through your store any content that violates the privacy policy and confidentiality of information or violates the rules and provisions of this Agreement of Use.

22.  The Merchant agrees to be liable for damages that may be caused to the Platform or its employees, owners or subsidiaries as a result of the Merchant's violations, and is also obliged to lift any damage or prevent any damage that may be caused to the Platform, its employees or one of them as a result of claims, losses, malfunctions, costs, expenses or fees resulting from the Merchant's misuse or misuse of the User resulting in a breach of the Usage Agreement or the laws and regulations in force in the Kingdom of Saudi Arabia or infringement On the rights of a merchant or third party or a complaint from a user or third parties.

23.  You as a merchant do not have the right to object to the actions of the management of NMD platform regarding the Platform, whether such actions are but not limited to: affect the entity of the Platform, its obligations, ownership or responsibilities, technical actions or administrative actions related to the Platform, and the Platform is not obliged to inform you, and the Platform if it deems it important to inform you of any of these actions may inform you in accordance with its sole will, in accordance with the rules and provisions of the Usage Agreement.

24.  During the completion of purchases, the consumer provides NMD platform with the following information, which is but is not limited to: name, e-mail or telephone.

25.  The consumer has the right to review his purchases before receipt to ensure that they are intact and conform to what has been purchased, as NMD platform is not responsible for the relationship between the consumer and the merchant.

26.  NMD takes high quality standards (concrete, regulatory and technical) to protect users and consumers and prevent an unauthorized person from accessing and preserving users' personal information or stores.

27.  You know and agree that NMD platform may use the information you have provided to it, for the purpose of providing services to you on the Platform, and to send you marketing messages, and that the Platform's Privacy Policy governs the collection, processing, use and transfer of your personal identity information, and the rules of confidentiality of information are governed by the Privacy and Confidentiality of Information Policy.

28.  The merchant is obliged to manage his store well, in a way that preserves the consumer and does not create a dispute between him and the consumer.

29.  The store is obliged to establish a replacement and return policy that belongs to its store alone, and must comply with the provisions of the e-commerce law and other applicable regulations related to warranty or electronic commerce.

30.  The merchant is obliged to display products that are not counterfeit or adulterated, and he is responsible for violating this before the consumer and the authorities in the Kingdom of Saudi Arabia.

31.  The platform provides payment services in various ways, including crowdfunding. In the event that the Merchant uses crowdfunding payment services to pay the Merchant's bill from the Platform, the Merchant is obliged to pay the bill when he obtains a crowdfunding of the value of the invoice through the service provider located on the Platform. In the event that the merchant violates this obligation not to pay the invoice of the platform after obtaining thecrowdfunding by paying the value of the invoice and 7% interest from the value of the invoice as a penalty condition agreed between the company and the merchant.

Statements, Warranties and Obligations of NMD Platform:

1.     If NMD has (and at its sole discretion) that any of the information you have provided is incorrect, inaccurate, incomplete or out of date, without prejudice to any other rights and remedies guaranteed to NMD in accordance with these Terms and Conditions or under applicable laws, we have the right to stop, limit or limit your access to the Website or its services.

2.     NMD may (at its sole discretion and at any time) make any inquiries it deems necessary (whether done directly or through a third party), as well as request you to provide a response and further information or documents, including in general but not limited to information and documents to verify your identity and/or ownership of your financial bonds.

3.     If you are an employer or registered on behalf of an employer, such information or documents may include a commercial license and other official company documents and/or documents reviewing any authority guaranteed to any person to act on your behalf.

4.     You agree to provide any information and/or documents to NMD immediately upon request. You acknowledge and agree that if you are unable to do so, NMD may, without any liability to it, restrict, suspend or withdraw your access to NMD platform. We also reserve the right to cancel any accounts for which there has been no confirmation or unverified or any accounts that have not been in operation for a long time.

5.     The mission of NMD platform is simply to provide electronic support tools, by creating a special cartoon store for the merchant in NMD platform and placing the store in front of users, NMD platform may provide other services to the merchant or stores such as marketing services or support and guidance services.

6.     NMD platform is not committed to completing sales and purchases between stores and consumers, as its commitment ends with the provision of e-store creation services through NMD platform.

7.     NMD will send you promotional emails informing you of any new changes, procedures or advertising activities that may be added to the platform.

8.     NMD reserves the right to add, increase, reduce or deduct any fees or expenses under the Usage Agreement, on any of the users for whatever reason.

9.     There is no relationship between NMD platform and the buying and selling operations that take place between the merchant and the consumer or between the merchant and the service provider.

10.  NMD platform has the right to prevent the completion of the procedures of any payment process in violation of the rules and provisions of the use agreement or cancel any purchase or sale order as a result of a technical or technical error in the platform that led to the difference in prices displayed on the platform from the market value of the product, including a loss to NMD platform and NMD platform is not responsible for those amounts.

11.  To administer NMD platform has the right to cancel, modify or change any of the payment methods made available through the Service Provider (third party) on NMD platform.

12.  NMD Platform reserves the right to charge any fees to merchants or stores as a result of their operations within the platform, and the fees may be but not limited to: government agency fees, bank fees, administrative fees or any other fees, to be paid by the platform as a result of the activity of the merchant or store.

13.  NMD platform strictly prohibits the sale of the following products and services which are to name a few: any product or service that contains gambling, any product or service that may lead to any physical or psychological harm in any way, any pirated contents or subscriptions and everything that infringes intellectual property and copyright rights, any sexual or pornographic product or service or calls for it, any product that violates the Anti-Commercial Fraud Law.

14.  NMD platform gives the merchant a period of 7 days from the date of registration and that is an experiment for the online store before paying any amount, however, after the end of the trial period 7 indicated the customer must confirm the registration by paying the specified amount for the selected category, after paying the amount can not return any amounts to the merchant

15.  All transactions between the merchant and the consumer have nothing to do with NMD platform, and the platform is not responsible for it, as this transaction is an independent contractual relationship subject to the agreement concluded between the merchant and the consumer. Accordingly, if the consumer fails to pay for the service or product provided by the merchant, the platform has nothing to do with these violations and is notconsidered a liability for any compensatory liability or damage arising because of this relationship between them.

16.  There is no relationship to NMD platform with payment methods, the payment method is subject to the relationship between the consumer, the merchant and the service provider.

17.  NMD Technology Platform systems retain consumer data in order to facilitate their access to the platform and complete the purchases they desire.

18.  NMD Platform confirms that it has nothing to do with any dispute that may arise between the consumer and the merchant, and the platform has nothing to do with any default of the consumer towards the store, whether it is a default or otherwise.

19.  NMD platform does not guarantee the repair of malfunctions and does not guarantee that the products provided by merchants are free of any other defects, but is guaranteed by the store or merchant in the case of mentioning the warranty and its duration by describing the product, and the merchant must adhere to the good quality in his electronic store.

20.  The Service may be provided or accessed through third party service providers as well as via content (including any advertising content) that is not under the control or control of NMD. You must therefore acknowledge that there are different terms of use and even other privacy policies that may apply to you when you use that third party's services and content. However, NMD does not endorse the services of third parties or their content, nor does NMD assume any responsibility or liability of any kind for any such service of third party service providers.

21.  Under the rules and conditions of this Usage Agreement, NMD platform may provide certain strategic or logistical services by a third party or third parties, such services may be but are not limited to: the services of shipping companies and the delivery of products and goods.

22.  NMD platform informs you that it is completelyuntouchable , directly or indirectly, for any actions of any third party and that what it is doing is merely a link between the merchant and the service provider (third party).

23.  Some strategic and logistics service providers set their own requirements or costs and the platform has no authority over these requirements or costs, so the platform advises its registered merchants to review the terms of the service provider (third party) and the costs of its services before confirming the service request.

24.  In the event that the User requests a service provided by (third party), the User authorizes the Platform and grants it permission to provide the Service Provider (third party) with the personal data of the User requested by him, and other data needed by the Service Provider (third party), in accordance with the rules and provisions of the Privacy Policy and confidentiality of information in force at NMD Platform.

25.  All transactions between the Merchant and the service providers (third party services) provided by NMD platform and linking with their services or offering their services for the benefit of the Merchant and the Consumer have nothing to do with the Platform, as this transaction is a contractual relationship independent of NMD platform and subject to the agreement concluded between the Merchant and the Service Provider, and accordingly if one of the parties defaults, refrains or does not commit to the implementation of its obligations that have been agreed upon or has not been implemented as required The Platform is not responsible for what results from such actions, and NMD platform is not responsible for any irregularities that occur or are committed between the Merchant and the Service Provider.

26.  The provision of NMD platform for the online payment service via the platform through electronic payment gateways is for the purpose of facilitating and preserving the rights of merchants, stores and consumers, and is not subject to the authority of the platform because it is a contractual relationship between the merchant and the service provider (third party).

27.  To administer the platform we have the right to cancel, modify or change any of the payment methods that you have made available on the platform.

28.  NMD platform has no control over the actions of any third party, or third party, such as other web pages connected by links to the Platform or third parties claiming to represent you and others.

Copyright & Trademarks

1.     For all content contained on the Website, including but not limited to text, images of Graphic, NMD logos and buttons, images, audio clips, digital uploads, data compilation and electronic software, such content shall be deemed to be the property and even authorship of the Domain or its licensors.

2.     Such content is also protected by copyright, trademark rights, patents and other intellectual property rights and applicable laws. Content collected on NMD platform is the exclusive property and even copyright of NMD, and is even protected by copyright, trademark rights, patents and other intellectual property rights and laws.

3.     The NMD Mark and associated symbols are the trademarks of NMD, noting that the NMD Trademarks may not be used in connection with any product or service not offered on NMD, or any product or service that would diminish or harm NMD's reputation and in no case may they be infringed upon or used without the authorization of NMD platform Management.

4.     NMD does not waive its right to take appropriate action against any violation of the rules and provisions of the Terms of Use Agreement and other similar acts of violation, and the Platform is not obliged to take any action against any violation of the Agreement of Use but is subject to the discretion of the management and legal management of NMD platform.

5.     NMD Platform is not responsible in case of infringement of the intellectual property rights owned by the Platform's member merchants or registered stores.

Confidentiality and Privacy

The User(s) may not disclose to third parties any information received by him under a service contract with NMD, and any information relating to NMD's business should be accessed in a confidential manner, to the extent that it may adversely affect NMD's business. The User(s) shall be liable to indemnify NMD for any loss of business or reputation, if this occurs as a result of any action by the User(s).

Theevacuation from touchingandwhy

-       The Services are provided "as is" displayed and "as available" thereof. We are exempt and discharged from all express, implied or statutory representations and warranties not expressly provided in these Terms, including the implied warranties as to the capacity of the supplier, the suitability of its services for a particular purpose and non-breach thereof.

-       NMDmakes no representation or warranty as to the credibility, punctuality, quality, sustainability or availability of the Services or any Services requested through the use of NMD Services, nor does NMD warrant that the Services will not be disrupted or error-free. NMD does not give any guarantee as to the quality, suitability and capabilities of suppliers, service providers or merchants. You must therefore agree that you assume exclusively all liability arising from your use of the Services, to the fullest extent. It is permitted by applicable law.

-       The information contained on the Website is information displayed for general purposes only. As for the information received by NMD, we make every effort to ensure that the information remains up-to-date and correct, but we make no representations or warranties of any kind, whether oral or implied, as to the completeness, accuracy, reliability, suitability or availability of the Website, information, services or associated graphics contained on the Website for any purpose. So your reliance on those The information is entirely at your own risk.

-       NMD Platform and its employees, owners and those who represent and represent them have nothing to do with any liability related to a sound, legitimate and authorized product in accordance with the laws and regulations of the Kingdom of Saudi Arabia and is used for illegal and irregular purposes, and no person or entity has the right to refer to NMD platform for any claim, claim or compensation in relation to the said misuse, as all products or services provided in the digital platform are provided by merchants and their stores.

-       NMD Platform and its employees, owners and those who represent and represent them have nothing to do with any illegal or irregular activity or product carried out by the store, or any activity that violates the regulations and instructions in force in the Kingdom of Saudi Arabia, where the responsibility of NMD platform is limited only to providing and providing electronic support tools represented in the establishment of the electronic store and the subsequent electronic support services.

-       All accounts registered on NMD are considered to be ongoing follow-up, for security purposes and performance reasons. We hereby expressly explain to you that NMD does not own any account of any kind.

Limits ofTouch Priority

1.     NMD is a technological platform and assumes no responsibility for any failure to relate to the products of suppliers, service providers and/or merchants.

2.     In no event shall NMD be liable for any situation relating to the Supplier, the Service Providers, the Supplier's products, or the model, brand or credibility of the Products, except that NMD will use its best efforts to ensure the credibility and authenticity of such Products.

3.     NMDis considered as an intermediary party that performs a process of linking users and service providers in relation to purchases and deliveries.

4.     Third party suppliers, service providers, merchants and service providers are independent service providers and contractors only with NMD and may not be considered employees, representatives or agents of NMD. Also, NMD does not perform the tasks itself, but rather manages the process of carrying out tasks through its digital platform by providing a communication process between the user and the suppliers or service providers A And traders. Suppliers, service providers or merchants are responsible for the quality, efficiency, relevance, availability and legality of their products and services, noting that any failure in the foregoing matter will terminate the relationship with the supplier or merchants a and the service provider as well as its presence on the digital platform NMD, and will even be replaced by another supplier for the purpose of fulfilling any open requests by the user in this regard.

5.     Users, suppliers, service providers or merchants agree that NMD shall not participate in any disputes between both parties in any way. Since by using the said Services, the User has acknowledged the possibility of risks from suppliers, service providers, merchants or errors from them or from third party service providers, therefore the use of the Services is at the User's own risk and at his own decision, and NMD is not responsible for the User. Any liability arising or in any way whatsoever relates to the User's transactions or relationships with third party suppliers, service providers, merchants or service providers.

6.     We shall have the right to extend the disclosure of any information in possession of the User to the corporate entities of NMD located within its group of companies, or if required by law or if requested or directed to do so by any official government entity. We will do so at its sole discretion or as may be determined to be appropriate by us or if such disclosure is in our interest.

7.     We shall have the right to make any addition to, change or modification to these Terms and Conditions at any time and without notice. The User shall be obliged to make any additions, changes or modifications when they are included in the body of the terms and conditions on the website of NMD.

8.     NMDshall not be liable to you for indirect, incidental, special, punitive, punitive or consequential damages that may arise, even if we provide any indication that such damages may have occurred. Nor shall NMD be liable for any damages, liabilities or losses you incur, which arise from your use of or reliance on the Services or from your inability to access or use the Services or from any transaction or relationship that has arisen between you. and between any suppliers, service providers, merchants or service providers of third parties, and even if it is received to provide evidence of the possibility of such damages. We shall also not be liable for any delay or failure to execute, arising as a result of reasons beyond the control or reasonable control of NMD, nor shall we be liable in the event that the third party supplier or service provider may not possess a professional or specialized license or permit to operate.

9.     The said limits of harm shall not be deemed to restrict the harm to the said Levia, which may not be excluded in accordance withapplicable laws.

Compensation

You shall agree to compensate and prevent damage from NMD, its affiliated entities, sponsors, partners, the Directorate of Ums and its employees, and even to refund the value of all losses to him/them, as well as the value of damages, damages, claims, judgments, settlements, fines, costs and expenses (including reasonable expenses, legal fees and investigation costs), which arise or are related to breach of the Terms, the provisions of these Terms or the Privacy Policy, or your use or use of the Services by third parties.

Force Majeure

NMD shall not be liable for any delay, impediment or failure in the provision of the Services, if caused by a force majeure event or similar events beyond our control or control that would prevent or impede the provision of the Service.

Dispute Resolution

The rights and obligations of the parties set forth in these Terms and Conditions shall be governed by, construed and construed in accordance with the provisions of the laws of the Kingdom of Saudi Arabia. You hereby submit unconditionally to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia for any dispute arising out of or in connection with these Terms and Conditions, and you shall waive your right to take any legal action elsewhere. Whereas we shall have the right to take legal action in respect of any subject matter arising in accordance with these Terms and Conditions in any place where you reside or conduct your business or which is You have assets in it.

 Provisions to be ineffective

If any part of these Terms and Conditions is determined to be invalid, invalid or enforceable in accordance with applicable law, then that part shall be deemed to be invalid or enforceable only to the extent that it is determined to be invalid, effective or enforceable only, and in no way affecting the rest of the Terms and Conditions.

Overall Agreement

This Agreement, as well as the applicable Privacy Policy of NMD, and even the updated and updated from time to time and posted in connection with them on the Platform, represent all that has been agreed upon, agreed and understood between us, with respect to the Services, and shall encroach upon and copy any of the foregoing agreements of any kind.

Auction Provisions:

1.     The owner of the auction must be committed to seriousness in the implementation of the auction in terms of determining the price, the times of the beginning and end of the auction and the fulfillment of his obligations to the person on whom the auction was awarded.

2.     The owner of the auction has the right to bid only twice.

3.     The auctioneer shall bear all the consequences of failure to complete the auction or the breach of its obligations to the auctioneer.

4.     The bidder must abide by the conditions of the auction and bear what may result from his violation thereof and bear all costs that may result from hisviolating actions.

5.     The auction is subject to the control of NMD platform and must comply with any regulated conditions or laws imposed by the platform to ensure the conduct of the auction.

General Provisions

1.     You know and agree that NMD will notify you of any amendment to this Agreement, under which your obligations will be doubled or your rights diminished in accordance with any amendments that may be made to these Terms and Conditions of Use.

2.     You agree that NMD Platform has the absolute authority and without liability to make any fundamental or subsidiary amendments to this Agreement, and users are notified of such amendment by any technical means provided, and this may be by e-mail or by broadcasting a public message to all users, and the Platform provides technical means to show the Store's acceptance of this amendment, and such acceptance shall be legal, undue to the Store's and binding on the Store to the provisions of the Agreement, including amendments.

3.     You have no objection to granting NMD an unlimited, perpetual, irrevocable, exempt, and licensed right to use personal or other information or materials that you have provided, provided or declared on the Platform by joining it or establishing your store, through the forms dedicated to communication and registration, or through any email or any of the communication channels available on the Platform. This is with the aim of achieving any of the interests that the platform deems appropriate.

4.     All content on NMD platform, electronic or otherwise, written or unwritten, including but not limited to: written and unwritten texts - graphic designs - technical ideas - logos - presentations - button icons - icons - audio clips - aggregated data and electronic programs, are the property of NMD platform and its rights are reserved to NMD platform, and no third party has the right to use it in any way whether direct or indirect use or by a third party.

5.     NMD assures you that the Internet is not a secure medium, and the confidentiality of personal information cannot be 100% guaranteed in the Internet space.

6.     None of the rules and provisions of this Usage Agreement contain a reference to the existence of a partnership between any Merchant and NMD platform, and the Platform does not allow any Merchant in any case to directly or indirectly indicate or dictate the existence of a relationship of any kind, whether direct or indirect, between him as a Merchant and NMD platform or its management, and that any notices that the Merchant wishes to send to the Platform, he must send via e-mail and NMD platform responds to Email. You as a merchant agree that any notices sent to you from the Platform will be delivered to you by the email you have provided to the Platform we provide during the registration process.

7.     The rules and provisions of this Agreement of Use apply to all paper and electronic advertising publications across various publishing platforms and across various social media.

8.     Any offers placed by NMD Platform are temporary offers and are limited to a specific period of time, and the Platform is not obliged to extend the time period or to continue in the specified time period as it has the right to suffice, determine the entitlement of any user to this offer or cancel this offer at any time.

9.     All fees are calculated in the official currency of the Kingdom of Saudi Arabia, which is the Saudi riyal, and the merchant must pay all the fees due in addition to any other expenses added by the platform, provided that the payment is made by the means specified and available through NMD platform.

10.  The fees paid by the merchant are non-refundable and have nothing to do with disputes between the merchant and the consumer.

11.  The fees paid and due by the merchant have nothing to do with the failure to complete the sale or return of the goods or service provided by the merchant.

12.  If the Usage Agreement is translated into any other language, whether on NMD platform or otherwise, the Arabic text of the Usage Agreement remains the original in all transactions.

13.  This Agreement of Use shall not be revoked or amended except by virtue of a decision issued by the management of NMD platform.

Auction rules:

1. The auctioneer must be seriously committed to executing the auction in terms of determining the price, the start and end times of the auction, and fulfilling his obligations towards the successful bidder.

2. The auctioneer has the right to bid twice only.

3. The auction is subject to the control of  NMD platform and must comply with any regulatory conditions or laws imposed by the platform to ensure the progress of the auction.

4. Bidding is a necessary and irreversible process; In the event that the auction is awarded to the winner and then withdraws from it, he shall bear part of the auction costs at a rate of (3%) as a penalty condition agreed upon between the company and the merchant.

Shipper and Carrier Special Terms:

1. NMD platform is limited to providing its previously described services, and accordingly disclaims its responsibility for financial obligations or claims that may arise between the parties to the transportation process (shipper, carrier or any third party).

2. The shipper, or the owner of the goods, is obligated to the specified weight for each truck and not to exceed the instructions of the Ministry of Transport and all other competent authorities and all the laws and regulations in force in the Kingdom in this regard, and any fines due to overloading or violating the conditions of the Ministry of Transport and Interior, which are borne by the shipper and paid to the carrier with the freight, as well. It is the shipper's responsibility to ensure that the shipment does not contain any restrictions.

3. The carrier is obligated to comply with the instructions of the Ministry of Transport and all other competent authorities and all laws and regulations in force in the Kingdom, in terms of compliance with the conditions for transporting goods in addition to any fees, fines or compensation imposed by the shipper.