Terms of Use

Please review the terms and conditions set out below (hereinafter referred to as the "Terms of Use"), which govern your visit to, use of, and purchase of products and services through the platform ("Souq Live"). We also encourage you to review the Terms of Use periodically, as "Souq Live" reserves the right to modify, update, or change these Terms of Use, prices, and fees at any time. Your continued use of the website shall constitute your acceptance of any amendments made to these terms. Please note that the terms, conditions, provisions, and legal disputes are subject to the laws, legislation, and regulations applicable in the Kingdom of Saudi Arabia.

To be added to the homepage under: Terms of Service

Definitions

The terms used in these Terms of Use shall have the meanings set out below:

Platform: The "Souq Live" website (https://souqlive.sa), which allows users to create an account to publish their content in accordance with applicable laws and regulations. For the avoidance of doubt, any reference to the "Platform" in these Terms of Sale shall also be deemed to refer to the "Application," as applicable.

Application: The program or application that can be used on mobile devices such as smartphones and tablets, and which essentially contains the same options and functions available on the Platform.

User: Any person who accesses the Platform and/or Application, whether as a visitor or member, for the purpose of communication, browsing, publishing content, or creating an online store as a service provider to conduct e-commerce activities on the "Souq Live" Platform.

Live Streaming: A service that allows sellers to display and sell products directly through video within the Platform.

Wallet: An electronic account and system within the Platform through which payments, transfers, and amounts due to users are managed.

User Obligations

1- Accept the terms and conditions set out in these Terms of Use and all other Platform policies.

2- Provide all required information accurately, including first name, last name, phone number, email address, and any other information necessary to provide the services and formally requested by "Souq Live."

3- The User must have full legal capacity and must be at least 18 years old.

4- The User's application will be reviewed and accepted by "Souq Live." It also has the right to accept or reject membership applications at its absolute discretion. The User's membership will be activated after completing the membership application acceptance procedures and notifying the User thereof, whereby the membership grants the rights and entails the obligations set out in these Terms of Use and the relevant policies on the Platform.

5- "Souq Live" may, at any time and at its sole discretion, request additional information or documents to verify the member's identity or the accuracy of the information provided. Failure to provide such information may result in the suspension or termination of the membership.

6- The User acknowledges and warrants that all information provided during registration relates solely to the User and that the User may not create a membership account on behalf of another person without legal authorization.

7- The User shall personally bear any damages arising from failure to provide accurate and up-to-date information during the registration process on the Platform, as well as all legal and financial liabilities.

8- The username and password required for the member to access their account page on the Platform and conduct transactions through the Platform and/or Application shall be created by the member. The member shall be fully responsible for their security and confidentiality. In the event that the member's login credentials are lost, stolen, or used without authorization, the member must immediately notify "Souq Live" to take the necessary measures. Failure by the member to notify "Souq Live" of the loss of login credentials or a breach shall make the member fully responsible for all transactions, actions, and any other activities carried out through their account page, whether authorized or not. "Souq Live" shall not be responsible for any loss or damage arising from the member's failure to report such incidents in a timely manner.

9- The member may not assign their membership or any of the rights or obligations arising therefrom, in whole or in part, without obtaining prior written approval from "Souq Live." The original store owner shall be responsible for any violations or legal liabilities relating to the store.

10- "Souq Live" reserves the right to restrict the member's access to their account page and/or terminate the membership, inactive, dormant, fictitious, or accounts containing inaccurate information. "Souq Live" may delete the member's account page at any time, particularly in the event of a violation by the member of applicable laws, contractual provisions, and/or the guidelines or policies of "Souq Live."

11- "Souq Live" has the right to disclose the member's information available to it to the competent authorities upon request, in accordance with applicable laws and within the limits permitted by such laws.

Content Published by the User

1- The User shall be fully responsible for any content they create, publish, or send through the Platform or through Live Streaming. In particular, the User must not publish or send any content that is illegal, obscene, offensive, threatening, defamatory, violates privacy, infringes intellectual property rights, is inappropriate for minors, harmful to any third party, socially unacceptable, and/or contains political or commercial campaigns, commercial marketing, periodic messages, or any form of spam or unsolicited messages.

2- The User and member, when advertising a product or service provider, must be the direct owner or an officially licensed intermediary, and the product or service must be free of any financial obligation. If the User does not own the product or service or have a brokerage agreement, the User shall bear full legal and financial responsibility. "Souq Live" has the right to delete the advertisement and suspend the account at any time.

3- Not using any unlawful means to access advertisements or other users' data, violate the policies and rights of "Souq Live," access Platform content, collect and obtain information and data relating to "Souq Live" or its customers, benefit from such information in any manner, or republish it.

4- The User acknowledges that the purpose of the Platform is buying, selling, and related activities, and acknowledges that they shall not engage in discussions concerning policies, international sovereignties, respected figures, or any unlawful discussions on the "Souq Live" Platform.

5- The User undertakes that any information provided or supplied by either party to the other party or its affiliated companies shall be accurate and complete at all times.

6- The User undertakes that they have obtained all relevant accreditations, authorizations, approvals, licenses, and permits necessary to offer products for sale on the "Souq Live" Platform from all relevant regulatory authorities and government entities.

7- The User undertakes that they are the actual user of the account and shall not sell, assign, or share the account with any other party at any time without obtaining approval from the management of the "Souq Live" Platform.

8- The User acknowledges that they shall not infringe the intellectual property rights of "Souq Live," including copyrights, trademarks, patents, publicity rights, databases, or any other intellectual property rights belonging to or licensed to "Souq Live."

9- The User shall not offer or display for sale any product belonging to another person without having the right to do so, or that infringes or violates the rights of any third party, including intellectual property rights, privacy rights, or publicity rights, or products that promote an illegal or unauthorized copy of another person's copyrighted work, infringe any patent, trademark, copyright, ownership right, or trade secret of a third party, or publicity or privacy rights, or are fraudulent or involve the sale of counterfeit or stolen goods, or violate any law in the Kingdom of Saudi Arabia.

10- The User shall not include in an advertisement or Live Streaming any false statement, claim, misleading warranty, or wording that may directly or indirectly lead to deceiving or misleading consumers, defamation, slander, fraud, forgery, or any harm to users or the Platform.

11- The User guarantees that the product is safe and free from defects unless the defect is indicated in the advertisement or Live Streaming, with the defect and its details clearly explained to the consumer. The User shall be responsible for any error resulting from failure to disclose information, and "Souq Live" shall not bear any consequences thereof. "Souq Live" also has the right to warn the User and impose penalties as it deems appropriate.

12- The User acknowledges that they are directly and fully responsible for all their actions and responses on the "Souq Live" Platform and shall bear any governmental penalties in the event of failure to disclose any information or document. "Souq Live" reserves all rights to take legal action, claim compensation, and pursue legal proceedings where appropriate.

13- The User may not use more than one account on the "Souq Live" Platform. If multiple accounts belonging to the User are discovered, "Souq Live" has the right to hold the User accountable in any manner deemed appropriate by the Platform's management.

14- The User must cooperate with "Souq Live" in investigations relating to suspected violations or suspicious activities and must provide any information or documents requested by "Souq Live" for this purpose. Failure to cooperate may result in suspension or termination of the account at the discretion of "Souq Live" management.

15- When adding an advertisement, the User must ensure that the images included in the advertisement are of the same product being advertised, along with an accurate description of its current condition, whether new or used.

16- The User must ensure that advertisement images are ethically appropriate and of high quality and do not violate the regulations of the Ministry of Commerce, human rights, or any governmental or private entity.

17- The User undertakes not to add or duplicate an advertisement again as long as the advertisement for the same product is published on the "Souq Live" Platform. The User may, while using the Platform's Live Streaming feature, display the product and repeat its presentation several times, while complying with the Terms and Conditions policy regarding accurate product descriptions and presentation.

18- When using the Live Streaming feature on the Platform, the User must appear in appropriate attire that is not offensive and does not violate the Public Decency Regulations or the laws of the Kingdom of Saudi Arabia.

19- User requests to display products, services, and Live Streaming are subject to review by "Souq Live." The Platform has the right to accept or reject any request at its sole discretion without providing reasons.

20- The User authorizes "Souq Live" to receive bank transfers for sold goods and services and grants it the primary authority to receive payments from buyers. The User may not receive any financial amounts from users or any other party in the sales process, whether by bank transfer or cash.

21- "Souq Live" has the right to hold the amount of the sold goods or services in its bank account after the customer receives the goods or services for a period of (7 business days), for the safety of procedures and to ensure the buyer's rights while preserving the seller's rights.

22- After receiving the buyer's bank transfer, "Souq Live" shall transfer the value of the sold product or service, after deducting the percentage of the third-party marketer from the total amount, to the seller's account or wallet on the Platform within a maximum period of 7 business days.

23- If the User receives any cash payments from buyers, they shall be subject to accounting by the "Souq Live" Platform. In the event of repeated violations, "Souq Live" has the right to suspend the account on the Platform.

24- The seller undertakes to accept the return of the product by the buyer for any reason, even in the event of no longer wishing to purchase, unless the product has been damaged while in the buyer's possession or has suffered damage. "Souq Live" has the right to require the seller to accept the return of the product unless it has been damaged, and "Souq Live" has the right to settle the dispute as it deems appropriate.

22- The User agrees to the deduction of the commissions and fees announced by "Souq Live" in return for the services provided through the Platform and benefiting the third party and the Platform's marketer, and the User may not object to the percentages and commissions.

23- The buyer User has the right to submit an objection or return request within the period specified in the Platform's policies in the event of a defect, material discrepancy, failure to comply with the description or warranties announced by the seller, or for any reason. Even in the event of no longer wishing to purchase, the buyer has the right to return the product according to the Platform's policies.

24- "Souq Live" has the right to suspend any content or Live Streaming and may delete or restrict it without prior notice when a violation is suspected.

Prohibited Goods

"Souq Live" has the right to ban any User who advertises (prohibited goods) according to the laws of the Kingdom of Saudi Arabia and the policies of the "Souq Live" Platform. Advertising, purchasing, or trading such goods is prohibited. "Souq Live" also has the right to ban anyone who responds to the violating party through any means of communication. "Souq Live" has the right to delete the advertisement and ban the User without prior notice or warning of the violation.

The following is a list of goods prohibited from being sold or traded through the "Souq Live" Platform, including but not limited to:

1- All goods prohibited under the laws of the Kingdom of Saudi Arabia.

2- Any products containing ammunition or firearms, or weapons of all types, such as stun devices, pistols, machine guns, personal protection weapons and accessories, even if licensed.

3- Any products containing pirated software or videos that infringe copyrighted and intellectual property-protected works, hacked or stolen devices, and reselling them through the Platform.

4- Medicines, medical and health products, and skincare products, unless such products are licensed by the Food and Drug Authority or the Ministry of Health and are new and unused. In the event of a violation, the seller shall bear the legal consequences.

5- Installment services and all banking products such as financing, loans, and others, even if they are lawful and licensed.

7- Optical laser devices, spying or eavesdropping devices, and prohibited devices such as jamming devices, encryption devices, mobile signal boosters, and security devices.

8- Sexual products of all forms and types and anything indicating them.

9- Network marketing and other windows, which are completely prohibited in any form of network marketing, regardless of its type, nature, or method.

10- Selling and trading stocks, managing portfolios and currencies, marketing them, or offering contributions of any kind, and everything related thereto in all markets.

11- Medicines, medical and health products, and skincare products. If such products are licensed by the Food and Drug Authority or the Ministry of Health in the Kingdom of Saudi Arabia, they must be new and unused. In the event of a violation by the User, they shall bear the legal consequences.

12- Any product or service requiring a license where the User does not hold the required license from the relevant authorities.

13- Users are prohibited from advertising donations or requesting assistance of any kind where this violates the laws of the Kingdom of Saudi Arabia.

14- All goods prohibited from sale under the laws issued in the Kingdom of Saudi Arabia or any transactions with persons or entities with whom dealings are prohibited.

Liability

1- "Souq Live" operates as a technical and commercial intermediary to facilitate buying and selling transactions and manage payments and disputes in accordance with the Platform's policies. "Souq Live" shall not bear any direct or indirect responsibility for damages resulting from, or any loss or damage arising from, an act or omission by a third party.

2- In the event of any force majeure, demonstrations, disputes between employees and employers, including strikes, closures, labor actions or boycotts, breaches, connectivity issues, infrastructure or internet failures, attempts to develop or update the system and any resulting failures, any other natural disaster, or any other events beyond the control of "Souq Live," which were not caused by negligence on the part of "Souq Live," could not reasonably be anticipated, and prevent or disrupt "Souq Live" from performing its contractual obligations, "Souq Live" shall not be responsible for such obligations, and this shall not constitute a breach of its contractual obligations.

3- The User acknowledges the right of the "Souq Live" Platform, in the event of violation of the laws and regulations applicable in the Kingdom of Saudi Arabia or the policies and laws of the "Souq Live" Platform, to seek from the User all damages and losses and charge the User legal fees in all matters and cases relating to the User's violation, and the User shall indemnify the same.

4- "Souq Live" has the right to suspend, cancel, or reverse any payment or financial transfer made by the User upon suspicion of fraud, violation, misleading conduct, or an existing dispute until the nature and safety of the transaction have been verified.

5- "Souq Live" has the right to resolve disputes between users based on complaints submitted in accordance with the Platform's policies. "Souq Live" may make the appropriate decision based on the evidence and information available to it, and the Platform's decision shall be binding on both parties to the extent that it does not conflict with applicable laws.

6- "Souq Live" has the right to monitor, retain, and document content published through the Platform, such as advertisements, Live Streaming, and others. "Souq Live" may use such content for verification, investigation, regulatory compliance, or marketing purposes.

7- "Souq Live" shall not be responsible for any external links or services shared by users within the Platform.

General Provisions

1- "Souq Live" may send electronic notifications, such as emails, newsletters, or messages, to users through any electronic means, provided that such notifications comply with local laws. By using the website, each User agrees under these policies and terms to receive all communications from "Souq Live" electronically, and the User acknowledges that all agreements, notifications, disclosures, and other communications provided electronically to the User satisfy all applicable terms and conditions.

2- The User may activate or change their account settings at any time, particularly enabling or disabling communications, through the Platform or by requesting this from the management of the "Souq Live" Platform.

3- "Souq Live" has the right to delete any content or advertisement due to a violation of the Terms of Use or without stating the reason for deletion.

Applicable Laws

1- These Terms of Use shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. The courts of the city of Riyadh shall have exclusive jurisdiction to hear any dispute, claim, or disagreement arising out of or relating to these terms, including matters relating to the User's use and breaches resulting from their conduct in relation to any of the services of "Souq Live."

2- Based on the principle that "Souq Live" does not participate in transactions between customers and sellers or other transactions between participants, if a dispute arises between one or more users, each User releases "Souq Live" (and its agents and employees) from claims, demands, and damages (actual and consequential) of any kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way related to such disputes.

3- "Souq Live" shall not be responsible for any content published by any User, nor shall "Souq Live" be responsible for any obligations or policies of third parties from external websites not affiliated with the Platform. The inclusion of any such links does not indicate our approval of the linked websites.

4- These Terms of Use shall apply exclusively with respect to their subject matter, and no terms or conditions provided by the User that conflict with or deviate from these terms shall apply, even if "Souq Live" does not expressly object to them.

5- If any provision of these Terms of Use becomes wholly or partially invalid or unenforceable, or if there is any deficiency in these terms, this shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect and shall have their legal effects.