Legal Section

Table of contents
  1. Business Terms and Conditions
  2. INTRODUCTION
  3. ABOUT OUR SERVICES.
  4. CREATING AN ACCOUNT WITH US.
  5. LIABILITY.
  6. SUBSCRIPTION FEES. PAYMENT. REFUND. CANCELATION
  7. INTELLECTUAL PROPERTY.
  8. THIRD-PARTY LINKS & ADS; OTHER USERS.
  9. DISCLAIMERS.
  10. TERM AND TERMINATION.
  11. GOVERNING LAW AND DISPUTE RESOLUTION.
  12. GENERAL.
  13. Privacy Policy

Business Terms and Conditions

Welcome to Wessal. The operator of Wessal and the entity you are contracting with is Wessal Systems for Information and Technology, an Establishment incorporated in Saudi Arabia having its registered address at 2727 Al-Qandeel St, Al-Aziziyah Dist., 23334 Jeddah, Mecca Province, Saudi Arabia (“us”, “we”, “our” and/or “Wessal”). 

These terms and conditions (“Terms and Conditions”) our Privacy Policy, Cookies Policy, and any additional terms (“Legal Documents”) are posted on the Legal section of Wessal. and  https://wessal.net (collectively referred to as “Platform”). The Legal Documents in addition to the terms presented to you along with your Enrolment Application (”Additional Agreement”) set out the terms and conditions on which we offer you access to and use of our Platform, services, software and applications (collectively, the “Services”). These Legal Documents are incorporated by reference to these Terms and Conditions.

By accessing, registering, and/or continuing to use or access our Platform and/or our Services, you are agreeing to be bound by these Terms and Conditions and the Legal Documents referred to hereof with immediate effect. In addition, you acknowledge that these Terms and Conditions and the Legal Documents apply to all the “Users” of our facilities, services, and/or Platform (individual or legal entity(s) as the case may be) whether the User is accessing and using our Platform as a:

  • “Visitor”:  Users who are accessing our Platform without an account and/or registration,
  • “Member”: Users who are accessing our Platform to use our Procurement Management Solution feature.

It shall be your responsibility to periodically review these Terms and Conditions and the Legal Documents to familiarize yourself with them. By continuing to use our Platform and/or the Services, you are agreeing to these Terms and Conditions and the Legal Documents in full. You may not use, and shall immediately discontinue your use of our Platform and/or the Services if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to these Terms and Conditions and the Legal Documents in full. If you are a registered supplier, you shall provide us with a written notice of your rejection to our updated terms and conditions within 7 days of any update otherwise we shall consider these terms and conditions are accepted.

INTRODUCTION

  • Third-Party Terms and Conditions. Certain features of our Platform and/or the Services will be subject to additional terms and conditions from third parties and Suppliers. We do not employ such third parties and Suppliers and the provision of their services will be subject to their terms and conditions. It shall be your responsibility to inform yourself of such third parties’ and Suppliers’ terms and conditions before availing a Service (including but not limited to their terms and conditions regarding payment, cancelation, Warranty, liability and others as may be applicable). Terms and conditions of third parties and Suppliers may differ from one to another and may be amended by them from time to time without prior notice. Such terms and conditions shall form an integral part of these Terms and Conditions and any such third party and/or Supplier shall always have the right to enforce such terms and conditions and be in effect and binding to the services hereof.

  • License to Use. Subject to the rest of the content of these Terms and Conditions, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform in accordance with these Terms and Conditions but reserve our right to revoke any or all of such authorizations at any time.
  • Lawful Purposes. You hereby agree to use our Platform and the Services for lawful purposes only and in a way that does not infringe on the rights of any other User and the third party or restrict or inhibit such User or third party use and enjoyment of the same.
  • Certain Restrictions. The rights granted to you under these Terms and Conditions are subject to the following restrictions:
  1. You may not and shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of our Platform or any of the content thereof;
  2. You may not and shall not access our Platform in order to build a similar or competitive application, website, platform, product, and/or service;
  3. Except as expressly stated herein, no part of our Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked into any other platform, without our express written consent;
  4. All copyright and other proprietary notices on our Platform (or on any content displayed thereon) must be retained on all copies thereof and the source clearly displayed; and
  5. Unless otherwise indicated, any future release, update, or other addition to functionality of our Platform shall be subject to these Terms and Conditions.

        Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of our Platform or the Services:

  1. harass or abuse other Users and/or third parties, whether by threatening, stalking, spamming, transmitting junk mail, chain mail and/or any other form of harassment and/or abuse;
  2. violate the privacy of other Users and/or third parties, either by infringing applicable privacy laws, soliciting personally identifiable information for the purposes of harassment, exploitation, commercial activities, promotional activities, or any other reason which is contrary to the reason such information was;
  3. unfairly interfere with any other User or third party’s uninterrupted use and enjoyment of the Services and/or our Platform;
  4. upload or transmits viruses or other harmful, disruptive or destructive files;
  5. disrupt, interfere with, or otherwise harm or violate the security of our Platform, system resources, accounts, passwords, servers or networks connected to or accessible through our Platform; or
  6. act culturally or religiously offensive in any way, and

          All your actions during the uses of our Platform and Services shall at all the times be compliant with the applicable laws in addition to the Islamic cultural sensitivity, morals, values, ethics and traditions.

  • You should review these Terms and Conditions on a routine and periodic basis as we reserve our right, at any time and without prior notice to you, to amend or modify these Terms and Conditions, suspend or discontinue our Platform or the Services, whether in whole or in part, and delete any accounts in relation thereto.
  • No Support, Maintenance, or Protection. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Platform or your use thereof unless such services is expressly agreed upon in your Additional Agreement and the terms stated therein. We also take no liability and cannot guarantee that there will be no viruses or other harmful code embedded in our Platform which could adversely affect the device(s) you are accessing it from. It shall be your sole responsibility to ensure that your device is adequately protected against such threats. 
  • These Terms and Conditions shall remain valid and enforced at all times during your use of our Platform and the Services. Without limiting the generality of the foregoing, these Terms and Conditions (as many be amended from time to time at Penny’s sole discretion) shall apply and shall continue to apply each and every time you visit our Platform, open an account with us or avail a Service through our Platform and/or otherwise access our Platform for any other reason.
  • Our Platform is intended for use only by the corporate bodies duly registered in Kingdom of Saudi Arabia (KSA). If you choose to use the Platform from locations outside KSA, you do so at your sole risk. For avoidance of doubt, the information, products or Services provided on our Platform is not intended for distribution to or use by any User, person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any compliance or registration requirement within such jurisdiction or country.

    We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

 

ABOUT OUR SERVICES.

  • Wessal is a digital Business Management Solution.
    • The “Procurement Management Solution” B2B feature: this is a cloud-based business management solution which helps companies execute and manage their business activities including sales, manage invoices, manage suppliers, manage customers, manage purchases, manage tasks and projects, and manage finances.
  • The features, functions and options available on your account varies depending on the type of package, account and subscription that you purchase and full details related to the same shall be confirmed on the Enrolment Application and/or the Additional Agreement .
  • That is your responsibility to obtain access to internet and the equipment necessary for obtaining access to our Platform and Services.

CREATING AN ACCOUNT WITH US.

General:

  • If you want to access our Platform as a Member you will be required to create an account with us. There will be different requirements for registering an account with us depending on the type of account that you desire. Such requirements will be advised to you upon creating your account. Among other things however, you will be asked to provide your email address, phone number and your company documents. Your registration may not be accepted if you do not provide us with the required information. The required information will be collected in form of an Enrolment Application and the specific conditions related to the type of account that you are signing up for shall be included in the same Enrolment Application and/or the Additional Agreement attached to the same. If you opt for a customized package such conditions shall be confirmed to you in writing in your Additional Agreement.
  • In general, you are eligible to register and create an account if you meet the following eligibility criteria:
    • You are corporate body duly registered in KSA and you provide us with a current, active and valid company license and VAT certificate;
    • You confirm and acknowledge that the individual person acting on behalf of your organization is authorized and has the full legal capacity to represent your organization and enter into this Terms and Conditions (and any additional legal documents) on behalf of your organization, as a legally binding contract.
  • Upon the successful creation of an account with us, you will be given a profile on our Platform.
  • You shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. All information provided by you must be provided in good faith. Such information must be true and accurate in all material respects and not misleading as of the date such information is given. You should also revise this information regularly to check that the information we have for you is correct and current. You may delete or update the information that you have saved with your account at any time. Any amendments as such shall be applicable to new transactions and all transactions executed against you with previous information shall be valid and binding. We may request supporting documents and/or information to verify that the information you have provided to us is correct. We reserve the right to remove or suspend accounts that are not truthful or whereby the applicant and/or the registered accountholder is unable to provide the documents we require. We shall not be liable for any costs, expenses or liabilities incurred by you or your customers due to inaccurate information.
  • All information and interactions you make through your account or through your use of our Platform and Services must be in line with the applicable rules and regulations, appropriate, factual, and remain professional at all times. You shall, at all times, and procure that your employees and representatives shall at all times, (i) comply with applicable laws, rules and regulations, (ii) must not infringe on any intellectual or proprietary rights of any third party, (iii) must not promote, contain, or display information that is inaccurate, none ethical, false or misleading in any way to us or the other Users whatsoever, including but not limited to, impersonating or purporting to impersonate any other person, (v) must not be against any Islamic cultural sensitivity, morals, values, ethics and traditions, and (vi) must not be offensive, illegal or inappropriate in any way.
  • You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person to use your username and password and not to disclose or provide any other person with your username, your password or any other information that may allow any other person to gain access to your account. You will remain responsible for all activity(s) that occurs through or associated with your account. For the avoidance of doubt, you may not use the account of anyone else or set-up more than one account for yourself (especially if your account has been suspended or deleted by us for any reason). We do not accept responsibility for any activity that occurs through your account.
  • We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.

Members:

  • If you are a Member, you might be eligible for a super user-account with the capability of creating sub-accounts (each with separate username and password) allowing variety of access rights. The details related to your type of account, rights and limitations attached to the same (if applicable) is described in full in your Enrolment Application and/or the Additional Agreement attached to the same.

LIABILITY.

  • To the maximum extent permitted by applicable laws, we will not accept any liability in any event to you or any third party for any loss of profits, loss of data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to these Terms and Conditions and/or your use, or inability to use, our Platform and/or the Services. Access to, and your use of our Platform or the Services, shall be strictly at your own risk. You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) arising out of (a) your use of our Platform, (b) your violation of these Terms and Conditions or any other terms or guidelines referred to herein (including third party), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  • To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Platform (for any cause whatsoever and in any form of action) and/or the Services, shall be limited to fifty USD ($50.00) or the value of the Service availed (whichever is higher) per claim. The existence of more than one claim will not enlarge this limit as it shall be in the aggregate.
  • We will not be liable to you for any breach of these Terms and Conditions and/or costs and expenses occurred as the result of such breach if that is caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
  • Your interactions with other Users and/or third parties shall be solely between you and such other Users and/or third parties. We will not accept responsibility for any loss, damage, cost, expense or other liability having occurred as a result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved or defend the same. You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of our Platform (including any and all interactions with, or act or omission of, other Users and/or Third-Party Links & Ads).
  • These Terms and Conditions shall not affect your legal rights under any mandatory consumer protection laws, which cannot be excluded or limited by the applicable law.

SUBSCRIPTION FEES. PAYMENT. REFUND. CANCELATION

  • Business Management Solution feature:
    • Members’ Subscription Fees. The Member will pay Wessal the relevant subscription fees set out in the Enrolment Application and/or the Additional Agreement for using the Procurement Management Solution features (the “Member Subscription Fees” or “MSF”) in accordance with the terms set out herein and in the Enrolment Application and/or the Additional Agreement.
    • If Member’s usage exceeds the service capacity set forth on its Enrolment Application and/or the Additional Agreement or otherwise requires the payment of additional fees, the Member will be billed for such usage in accordance with Wessal’s then-current rates and the Member will pay the additional fees. Unless otherwise noted on an Enrolment Application and/or the Additional Agreement, all Member Subscription Fees are identified in SAR and are payable in advance.
    • There are currently two (2) types of packages available to Members, the specifications of which can be found at https://wessal.net/pricing/.
  • Subscription Fees Payment. The Member shall have the option to pay the MSF and/or SSF on a monthly or yearly basis or as otherwise that is specified expressly on the Enrolment Application and/or the Additional Agreement. Payments can be made through a bank transfer or a credit card that the Member registers with its account (via a secure connection provided by one of our third-party payment providers). We reserve our right to delete any account which remains unused and unpaid. By providing credit card billing information to Wessal, you authorize us to charge such credit card for SSF and/or MSF by the applicable date that payment for such SSF and/or MSF becomes due.
  • You will receive an invoice for any SSF and/or MSF that is due and payable. Unless otherwise expressly stipulated in the Enrolment Application and/or the Additional Agreement, all the invoices issued by Wessal are immediately due and payable. If you fail to pay the entire invoice amount within fifteen (15) calendar days of the invoice date, without limiting Wessal’s other rights, Wessal may suspend your access to the Platform and Services. If you believe you were invoiced incorrectly, please contact us immediately (no later than 7 days from the date of invoice).
  • Subject to Clause 6.6 below, SSF and MSF payments are non-refundable however, you may cancel your subscription at any time upon providing a written 30 days’ notice to us. No additional SSF and/or MSF payments shall be invoiced and/or deducted from your credit card following completion of such notice period and your account shall be disabled and deleted on the date until which the SSF and/or MSF are paid in full.
  • Refund Policy. If Wessal fails to provide and/or removes any material functionality from the Platform that is included in your package as per the Enrolment Application and/or the Additional Agreement, you may request a refund, upon providing a thirty (30) days written notice to Penny indicating: (a) request for refund pursuant to this clause; (b) description of the missing and/or removed material functionality; and (c) Description of how it has affected your operations.

If Wessal is unable to make available equivalent functionality on the Platform within 30 days of such request, then you are eligible to cancel your subscription and receive a refund of any prepaid and unused SSF and/or MSF. Notwithstanding the foregoing, this limited warranty shall be voided if any such modification or defect made or caused are beyond Wessal’s control for instance are carried out by third parties or have taken place in compliance with any amendments or requirements of the applicable laws governing the operation of Wessal.  

  • Late Payment. you may not withhold or setoff any amounts due. Penny reserves the right to suspend your access to the Platform and Services until all due amounts are paid in full. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of two percent (2%) compounded monthly or the maximum legal rate (if less) per month or fraction thereof, plus all expenses of collection, until fully paid.

INTELLECTUAL PROPERTY.

  • As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in our Platform and its content are owned and shall be owned by us. Neither these Terms and Conditions (nor your access to or use of our Platform or the Services) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in clause 1.3 above. We reserve all of our rights not granted in these Terms and Conditions and reserve the same for our third-party providers.

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

THIRD-PARTY LINKS & ADS; OTHER USERS.

  • Our Platform may contain links to third-party websites and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on our Platform and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.

DISCLAIMERS.

  • Our Platform and all of the information hereon, is provided on a strictly “as is” basis. Except as expressly set out in this Terms and Conditions and to the extent permitted by applicable law,  we expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that our platform or the Services will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or will be accurate, reliable, free of viruses or without other harmful code, complete or safe at all or any times. If applicable law requires any warranties with respect to our Platform and/or the Services to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.    

TERM AND TERMINATION.

  • Subject to this clause, these Terms and Conditions and the Legal Documents will remain in full force and effect for the entire time that you use the Platform or receive the Services. We may suspend or terminate your rights to use our Platform or the Services at any time for any reason at our sole discretion. Upon termination of your rights under these Terms and Conditions, any account you may have with us and any right to access our Platform and/or Services shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms and Conditions. Even after your rights under these Terms and Conditions have been terminated, the following provisions of these Terms and Conditions will remain in effect and shall be fully enforceable against you under law: clauses 5, 7, 8, 9, 10, and 11.

 

GOVERNING LAW AND DISPUTE RESOLUTION.

  • These Terms and Conditions shall be governed and construed in accordance with the laws of England for the time being in force.
  • All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms and Conditions shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to and finally settled by the Saudi Centre for Commercial Arbitration.

GENERAL.

  • Survival of Agreement. These Terms and Conditions will survive the termination of your account with us for a period of five (5) years from the date you last visited our Platform. 
  • Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (i) consent to receive communications from us in an electronic form and (ii) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
  • Entire Terms. These Terms and Conditions, together with our privacy policy and cookies policy, along with the terms presented to you upon filling the Enrolment Application in the Additional Agreement constitute the entire agreement between us and you regarding the use of our Platform and the Services and in case of any inconsistency among any of the said documents and unless any other document expressly states otherwise, the provisions of these Terms and Conditions shall prevail. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Any or all of the rights and limitations set forth in these Terms and Conditions may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of these Terms and Conditions. If any part or parts of these Terms and Conditions are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms and Conditions at our sole and absolute discretion. The terms and conditions set forth in these Terms and Conditions shall be binding upon assignees.
  • Copyright/Trademark Information. Copyright ©2022 Wessal. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on our Platform and in relation thereto are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
  • Contact. Should you wish to contact us, please feel free to do so at the following email address [email protected]

 

Privacy Policy

Please read Privacy Policy