Terms and Conditions

This Terms and Conditions document ("Terms and Conditions") constitutes a binding contract between Diyar United (the "Owner") and the "User" as defined below.

By accessing, using and/or benefiting from any service, feature, content and/or benefit provided by or through the Platform (defined below), the User accepts to be bound by these Terms and Conditions.

1. Definitions
Unless the context requires otherwise, the terms defined below shall have the meanings indicated opposite each:

  1. 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 any rules issued by the "Official Authority" in its capacity as a public authority with jurisdiction within its legal competence.
  2. Arrangement:
    Any form of transaction, contract or understanding whereby the "User" benefits from the services provided by the "Owner" as a result of the "Use" for the purpose of managing the liquidation and sale of movable and immovable property.
  3. Official body:
    This is the government entity responsible for the e-auction.
  4. The owner:
    Diyar United Company.
  5. Online auction:
    It is an electronic auction that provides all known auction services and transforms them into electronic services to enable beneficiaries to manage the process of liquidating fixed and movable assets, through which it can manage the process of preparing assets and then offering them for sale in an electronic auction that allows all eligible persons to enter and bid from everywhere with ease and ease.
  6. Platform:
    Means the online auction website available through the following link (diarunited.com) and all sites/pages accessible through the said platform, the term also includes the related computer and smartphone applications, all online auction services and features provided by the platform and all intellectual property rights arising therefrom, and wherever the text indicates, the term is used to refer to the owner.
  7. content:
    Any information, data or materials made available by the User on or through the Platform (including but not limited to data, statements, statements, reviews, comments, data of any kind or form, signs, images and forms) Including information provided by the User for the purpose of owner verification or that is necessary to participate in the Online Auction.
  8. Intellectual property:
    The owner's copyrights, patents, trademarks, trademarks, trade names, goodwill, trade secrets, confidential information and any other form of intellectual property rights in any country in the world, including intellectual property rights related to the Platform and all software, computer applications and smartphone applications, as well as the right to register and protect these rights by legal means.
  9. Policies:
    Policies issued by the Owner for the purpose of regulating any aspect, service, feature or benefit provided by the Platform, and the definition also includes any amendment, rewrite or replacement of any of the said policies.
  10. Use:
    Access, use and/or benefit from any service and/or feature offered by the Platform. Other linguistic derivatives of this word (such as the verb form) shall be interpreted according to this definition.
  11. Reasonable use:
    Normal use of the Website for the legitimate purposes of the "User" related to bidding and/or dealing with the Owner and to the extent necessary to achieve these purposes in terms of form, volume of information, frequency and timing of use, and in a manner that does not interfere with the use of any other user. Unusual use of any applications, software or means made available by the Owner or the Platform, using the said for other than the purpose for which it was intended, uploading unnecessarily large content to the Platform, unprotecting, damaging or disrupting any program or application used by the Platform, or sending or distributing or distribute viruses, malware, malicious code and the like, delete/sabotage any data or information held or posted on the Platform, link any accounts, advertisements or comments on other websites to the Platform, or post on the Platform or otherwise post images of the Platform in breach of the reasonable use requirement.
  12. Illegal entry:
    Any unauthorized person accessing the platform and accessing the internal systems of the platform and the confidential data and information it contains.
  13. User:
    Any person who uses the Platform, whether a bidder, real estate sales agent, e-auction official, or buyer.
  14. User data:
    Any information or data requested by the platform from the user such as personal name, trade name, ID number, contact details, identity, commercial register details, "arrangements" data, and any other data requested by the platform.
  15. force majeure:
    Any acts, events, omissions or occurrences beyond the Owner's reasonable control, including strikes, picketing or other industrial disputes (whether involving the Owner's workforce or any other party), failure of a service, public utility or transportation system, war, riots, civil strikes, willful damage or non-compliance with any statute, rule, governmental order, regulation or directive, accidents, plant or machinery failure, natural disasters including fires, floods, storms, earthquakes, volcanoes, internet service interruptions or otherwise.

2. Provisions governing use:

  1. Subject to full compliance with these Terms and Conditions and the opening of an account on the Platform, the Owner grants to the User a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and make reasonable use of the Platform.
  2. The User is prohibited from making any use that is not a reasonable use.
  3. The User can register (create an account) on the Platform, and for this purpose, the User must fill in all the necessary information on the page dedicated to this purpose within the Platform, and then use his/her username and password whenever he/she wants to use and access the Platform.
  4. The User is prohibited from copying, altering or modifying the Platform, attempting to obtain the source code from which the Platform operates (or that of any software or code associated with the Platform), creating any of the foregoing by synthesis, analysis or reverse engineering, creating derivative works from any of the foregoing or providing access to the Platform from other websites or providing access to other websites through the Platform without the express written consent of the Owner.
  5. The Owner reserves the right to charge for the use of the Platform at any time in the future, provided that the Owner announces this on the Platform along with a list of fees for use (which the Owner may amend from time to time with a new announcement posted on the Platform).
  6. The user is prohibited from infringing any rights of third parties in any country in the world, and warrants that the content and use does not infringe any rights of third parties anywhere in the world, including but not limited to exclusive commercial representation rights, exclusive licenses, and intellectual property rights of third parties.
  7. The Owner has the right, at its sole discretion, to suspend all use of the Platform with respect to a User or an Account, in whole or in part, if the User breaches the terms and conditions of this document, until the conditions specified by the Owner to reactivate the use or Account by the relevant User are fulfilled.
  8. The User understands that it is responsible for the accuracy, correctness, legality and integrity of the Content it submits, and that observance of the foregoing is required in order to obtain the benefits provided by the Platform. In no event shall the Owner be liable for the User's failure to obtain the targeted Platform service due to the User's fault in fulfilling the requirements set forth in these Terms and Conditions or any of the Policies, and the User understands all legal consequences of providing false, incorrect, inaccurate, inadequate, out-of-date, illegal or incomplete information and specifications while making any use of the Platform.
  9. The Owner reserves the right to discontinue use, close or block access to the Platform at any time without incurring any liability of any kind and without having to give reasons.
  10. Amounts in the Platform shall be in Saudi Riyals (unless otherwise stated).
  11. The user acknowledges that his/her participation in the auction implies full knowledge and responsibility for the condition of the property being auctioned.

3. User's declarations, obligations and warranties:

The user undertakes to:

  1. The User declares that the User has full capacity to use the Platform and to enter into applicable "arrangements" with the Owner (based on the terms and conditions posted on the Platform or linked to through the Platform), and undertakes to fully perform its obligations under the "arrangements" it enters into. The User knowingly declares that the Owner is not a party to any Arrangement and does not guarantee the fulfillment of any obligation of either party thereto.
  2. The user undertakes to:
    1. Ensure that the User Data it provides is correct and valid.
    2. Provide all information and cooperation requested by the owner.
    3. Limit the "Use" to you personally and for purposes related to the use of the Platform, and not seek to obtain any commercial benefit from the Use (such as selling, offering or making available to others, offering or making available any benefit, feature or form of "Use", obtaining payment for the foregoing, or using the Platform in any way for monetary gain) without the express consent of the owner.
    4. Protect the password(s) and any other login credentials and ensure that the User's account and/or the Platform is protected at all times from unauthorized access, misuse or damage by anyone using the User's password(s) or password information.
    5. Contact the owner as soon as you become aware of the unauthorized use or misuse of your password(s) or login credentials.
    6. Comply with all policies, these terms and conditions and any directions or restrictions issued by the owner regarding use.
    7. Not to make any unlawful, abusive or harmful use or attempt to make any of the foregoing.
    8. Comply with the provisions of all laws, regulations and instructions relating to the Auction that are applicable to the use, and the User authorizes that such legislation - and these Terms and Conditions - may be invoked directly against the Owner, any other User, interested third parties or official authorities.
    9. Refrain from creating fake accounts or using pseudonyms and always stick to your real name or business name.
    10. If the user does not pay for the auction, the deposit is non-refundable.
  3. The User understands that the Owner does not review any Content and has no obligation to do so, and is therefore not responsible for such Content, and that the Owner has no control over, and does not interfere with, the decisions of the Official Entity and will not be responsible for its decisions or the results of its actions.
  4. The user declares his/her knowledge that applying for participation in the electronic auction and following the related procedures are subject to the rules and principles established in the applicable legislation and the rules issued by the official authority, and further declares his/her knowledge that any breach or failure to comply with these rules/principles may result in not obtaining the requested benefit.
  5. The non-Saudi user acknowledges and agrees to participate in the auction as required by the Non-Saudi Property Ownership and Investment Law issued by Royal Decree No. (M/15) dated 04/17/1421 AH, and all amendments thereto from time to time and associated decisions, in addition to all laws and regulations related to property ownership and investment in the Kingdom of Saudi Arabia.

4. Owner's rights, duties, guarantees and liability:
The Owner does not provide any form of warranty or guarantee, either express or implied, in connection with the use of the Platform or dealings with the User and/or the Official Entity, and the User accepts the same.

  1. The owner is guaranteed:
    1. Operate and manage the platform and make all improvements that serve the platform to enable users to benefit from it.
    2. Fixing the platform's technical issues.
    3. Correct errors in the platform within a reasonable period of time.
    4. Providing technical support services to platform users.
  2. The Owner shall not be liable in any way for any loss or damage incurred by the User as a result of force majeure, use, including but not limited to indirect losses, loss of profits or business opportunities, data or material or moral damages to goodwill.
  3. The official entity shall be responsible for determining the arrangements and policies for the implementation of the auction, including but not limited to (preparing the assets, auctioning the auction, awarding the auction, selling the auction, re-auctioning the auction, transferring the ownership of the property after award) and all procedures resulting therefrom in accordance with the relevant regulations of the Kingdom of Saudi Arabia and its executive regulations, provided that the official entity shall not be responsible if the bidder and/or the judicial selling agent violate the obligations that fall upon them.
  4. Contracts constituting "Arrangements" shall be entered into between the User and the Owner, and shall be binding between them. The Owner is not in any way a party to any Arrangement and no statement on the Platform constitutes advice, opinion (whether legal, investment or otherwise), recommendation or inducement to enter into any Arrangement or undertake any legal transaction, and it is the User's responsibility to make such enquiries as may be necessary to ensure that the service provided is compatible with the User's needs and other practical considerations of the User.
  5. The Owner makes no representation, warranty, guarantee, guarantee or recommendation to any (or about any) User and/or in connection with any arrangement whatsoever, nor shall the Owner be deemed a partner or guarantor of the Official Entity and shall not be liable in any legal form to the User for any act, omission or transaction between the parties under any "arrangement" existing between them.
  6. The Owner shall have the right to amend and/or replace these Terms and Conditions from time to time and such amendments and replacements shall be effective as of the date they are posted on the Platform.
  7. The ownership of personal information relating to the User, and in general any information or data provided on the Platform upon account creation, shall be available for the benefit of the Owner free of charge and without charge, and such ownership shall also include the User's contact details, commodity spectrum and trade field.
  8. The owner may, in his sole discretion:
    1. Modify any part of the Platform or the services provided through it at any time.
    2. Publish announcements/circulars for modifications that the owner deems appropriate.
    3. Delete any content and/or suspend any account without having to give reasons.
    4. Amend these terms and conditions from time to time.

5. Financial provisions for the bidder:

  1. To be able to participate in the auctions, the bidder must deposit a sum of money in his account on the platform, which is reflected as a balance on the platform.
  2. If the bidder participates in an auction and submits the amount referred to in paragraph (1) of this clause, and the auction is not awarded to him, the amount will be returned to his account in the platform, so that he can participate in other auctions.
  3. If the bidder wishes to refund the amount referred to in paragraph (1) of this clause, the owner shall, after the bidder's request, transfer the amount to the bidder's personal account in accordance with the following time periods:
    1. If the bidder has charged his account through his bank account and requests a refund, the amount will be transferred to the bidder's personal account in a Saudi bank within (30) working days.
    2. If a bidder charges their account via a credit card and requests a refund, it may take longer than (30) business days depending on the policies of the bidder's bank or payment service provider.

6. The financial provisions of the selling agent:
All financial matters between the owner and the judicial selling agent are determined by a form - paper or electronic - prepared for this purpose.
7. Guarantees:

  1. User shall indemnify and hold Owner harmless from any liability resulting from any actions, claims or suits, including costs, legal fees, attorneys' fees and amounts paid in settlement of any of the foregoing, arising out of the Use or User's breach of these Terms and Conditions.
  2. Without prejudice to the generality of clause (a), the User warrants and covenants to the Owner that he/she assumes full responsibility for all acts and omissions that occur through his/her account and/or by any of his/her affiliates, on a personal (direct) and joint and several basis.

8. Notifications:

  1. The Owner shall use the email address provided by the User when creating an account on the Platform and/or the messaging feature provided by the Platform for the purpose of sending any notice or communication relating to these Terms and Conditions from the Owner to the User, and the User shall be deemed to have received the notice or communication once it is sent to the said email address or via the said messaging feature.
  2. Correspondence addressed to the Owner shall be effective unless sent to the following email address: (info@alwaqtaldhahabi.com) and provided that the sender has received a confirmation of arrival.
  3. The User understands that the Owner may from time to time send messages for the purpose of marketing and promoting the goods and services of the Owner, the Owner's partners or third parties.

9. Applicable law and jurisdiction:
These Terms and Conditions shall be governed by the laws of the Kingdom of Saudi Arabia, and the User submits to the exclusive jurisdiction of the courts located in the Holy City of Mecca, Kingdom of Saudi Arabia. 10. General provisions:

  1. These Terms and Conditions, as amended from time to time, and the Policies constitute the entire contract formed between Owner and User with respect to using the Platform and receiving the services and benefits available through it.
  2. The user acknowledges that the item to be bid on is known to him and that he has inspected it and estimated its value himself, on his own responsibility, with his own experience and sources, and that he has not relied on the owner's estimate, the official body or the advertisements and their data.
  3. You acknowledge that you have read and agree to all documents and other terms and conditions relating to the Auction.
  4. Participation in the auction is an acknowledgment by the bidder that he is qualified to participate in the auction and meets all the conditions stipulated by the laws and regulations of the Kingdom of Saudi Arabia, including the Non-Saudis Ownership of Real Estate and Investment Law issued by Royal Decree No. (M/15) dated 04/17/1421 AH, and all amendments and that he is willing to pay the full amount in the event that the auction is awarded to him within a period of (10) days from the date of awarding the auction to him, and if it is found after awarding the auction to the bidder that he is not qualified or does not pay the full amount within a period of (10) days, he shall -Without prejudice to the penalties stipulated in Saudi laws and regulations, the following:
    1. The bidder is responsible for the costs of re-establishing the auction.
    2. The bidder shall bear the shortfall in price and the expenses of the new bid.
    3. The official body has the right not to award the auction to the winning bidder if the official body suspects collusion and/or influencing the auction in any way

11. Real estate transaction tax:
All real estate sold is subject to a tax estimated at five percent (5%) of the total value of the disposal of real estate, regardless of its condition, form or use at the time of disposal, including land and what is constructed, erected or built on it, whether the disposal focuses on it in its current state or after constructing facilities on it, and whether this disposal includes the entire property or any part of it, whether it is segregated, common, residential unit or other types of real estate and whether the disposal is documented or undocumented. The bidder is responsible for paying the value of the real estate transaction tax.

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