e-Procure Terms & Conditions for Buyers
Applicable to all buyers who use e-Procure Platform
Welcome to e-Procure blockchain network, these terms and conditions are the contract between you and e-Procure (“us”, “we”, etc). By visiting or using e-Procure Platform, you agree to be bound by these terms and conditions. You must have a valid business license or registration number to be able to use Our Platform, you must be 18 years old or above to be able to use Our Platform. Our suppliers and category experts may also impose additional terms and conditions to which your contract with them will be subject.
e-Procure is a trade name of Saudi Procurement Services, a company registered in Riyadh, Kingdom of Saudi Arabia, under registration number 1010464489.
Please Note: If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave our website and stop using e-Procure.
1. Definitions
“e-Procure Platform”
means the mobile app, software application (web app) which enables you to source, manage, order and pay for Products & Services using your phone, tablet or computer.
It includes any “app” or other product, material or thing offered for licence by us on our platform, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “e-Procure” shall be a reference to all or part of the e-Procure Platform.
“Service”
means all of the services available from Our Website, whether free or charged. For the sake of good order "Service" does not include any service offered for sale on Our Website by any person other than us.
“Content”
means the textual, visual or audio content that is encountered as part of your experience using the e-Procure Platform. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by you and all of the content provided by Sellers to inform illustrate and promote sales of Products & Services
“Copy or Publish”
with reference to the e-Procure Platform, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.
“Device”
includes any device, work station, electronic application or electronic receiving device.
“Licence”
means a licence granted by us to you in the terms of this agreement for use of the e-Procure Platform..
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.
"Post"
means place on or into Our Website any Content or material of any sort by any means.
“Products & Services”
means any product & service offered for sale on Our Platform, through any medium.
“Supplier”
“Expert”
means a person or organisation whose Products & Service are offered for sale through the e-Procure Platform.
means a person or organisation whose Services are offered for sale through the e-Procure Platform.
“Software”
means the software which constitutes the e-Procure Platform or which provides any electronic function which supports the use of it.
2. Our contract
2.1. We may refuse service if you live in a country we do not serve or are restricted by law.
2.2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.
2.3. We are neither a buyer nor a supplier of Products & Services offered for sale in any form. We are not either a principal or agent in a buying transaction.
2.4. e-Procure Platform is a SaaS enabled marketplace. We are agents of a Supplier and Expert only to the extent of use of Our Website as a platform for the sale of his Products & Services and for collection and forwarding of your payments. We are not responsible to you further than to take your payment and pass it to the Supplier or Expert.
2.5. We welcome any comment or complaint about a Supplier or Expert, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of our members.
2.6. We are not responsible for delivery of any Products & Services you order or for the returns and repayment procedure should you decide to return a Product for any reason.
2.7. In any dispute with a Supplier, you should deal only with the Supplier. We have neither legal obligation nor detailed information about the Products & Service.
2.8. In any dispute with an Expert, you should contact the expert immediately first, if there is no solution to your dispute, you can contact us immediately by filing an official complaint through our official support channels and we will take all necessary means to solve it.
2.9. this agreement is made only in multilingual context. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
2.10. We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy any Products & Services .
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps and means to ensure that the password, personal keys and OTP is kept confidential and secure. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately or take actions like resetting your password,
3.2. For security and authentication purposes, we have enabled security measures like two factor authentication (2FA) by default to secure your account.
3.3. You agree that you have provided accurate, up to date, and complete information about yourself and your business. We are not responsible for any errors made as a result of such information being inaccurate. We reserve the right to revoke, terminate your account if you violate these conditions at any time.
3.4. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate or revoke your account access.
4. Buying Terms
4.1. e-Procure is not responsible for the fulfilment of your contract to buy Products & Services.
4.2. Prices listed on Our Website by Supplier or Expert are including any applicable sales tax, VAT, shipping fees etc.
4.3. Unless it is clear to the contrary, you may assume that every sale is made by a Supplier or an Expert in the course of his business.
4.4. Products & Services offered for sale may be subject to any discount or promotion arranged between e-Procure and the Supplier.
4.5. If, by mistake, Supplier or Expert have under-priced Products & Services, we will not be liable to supply that to you at the stated price, provided that Supplier should notify you before dispatch it to you.
4.6. Subject to discounts and promotions, Products & Service are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
4.7. If Applicable all Products & Services may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Supplier for each Products & Services offered for sale. It may be changed at the discretion of the Supplier.
4.8. Neither we nor the Supplier can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any Products & Services.
4.9. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
4.10. For security purposes you agree that some time we may not permit more than the maximum number of transactions with you in a given period of time.
4.11. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. Kindly check our payment service provider terms and conditions. For details about disclosure of personal information please see our privacy policy.
4.12 Communication Policy, as a Buyer, you agree to only communicate with Supplier and Expert directly through the e-Procure Platform and its communication tools.
5. Acceptance
5.1. Your order is an offer to buy Products & Services from the Supplier or Expert.
5.2. Nothing said or done by the Supplier or Expert is an acceptance of an order until the Supplier or Expert actually acknowledges the requested Products & Services.
5.3. At any time before acknowledging the requested Products & Services, the Supplier or Expert may decline to supply the Products & Services requested by you without giving any reason.
5.4. At any time after acknowledging the requested Products & Services, the Supplier or Expert must commit to supply the Products & Services requested by you.
6. e-Procure guarantee
6.1. To give you the utmost confidence in the e-Procure buying experience, we offer you a payment protection through our smart blockchain escrow :
6.1.1. After Supplier or Expert acknowledge the order and fails to supply or deliver Products & Services requested by you for which you have paid for in advance (if applicable), we ourselves will refund the cost to you.
6.2. This guarantee is subject to the following conditions:
6.2.1. you must first follow the returns and refunds procedure set out on Our Website;
6.2.2. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
6.2.3. the claim form must be completed truthfully and accurately;
6.2.4. you must not have requested a chargeback from your credit/ debit card company (if applicable).
6.3. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.
7. How we handle your Content
7.1. Our privacy policy is strong and precise. It complies fully with current international standards of information privacy law.
7.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
7.3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in to access it. You should therefore avoid Posting unnecessary confidential information.
7.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.5. We will use that licence only for commercial purposes of the business of Our Website.
7.6. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act.
7.7. You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
7.8. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law which may occur as a result of any Content having been Posted by you;
7.10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.11. Notify us immediately of any security breach or unauthorised use of your account.
7.12. We do not solicit ideas or text for improvement of our Service, but if you do send us material of any sort, you are deemed to have granted us a license to use it.
8. Security of your Credit / Debit Card
We take care to make Our Website safe for you to use.
8.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt and tokenize your card or bank account details in a secure environment.
8.2. If you have asked us to remember your card details in readiness for your next purchase or subscription, we will securely store and tokenize your payment details on our systems. These details will be fully encrypted and tokenized and only used to process your automatic monthly payments or other transactions which you have initiated.
9. Restrictions on what you may Post to Our Website
We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted violates the law, we shall cooperate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
9.1. be unlawful, or tend to incite another person to commit a crime;
9.2. consist of commercial audio, video or music files of someone else.
9.3. be obscene, offensive, threatening, violent, malicious or defamatory;
9.4. be sexually explicit or pornographic;
9.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
9.7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.8. be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such a place as we designate;
9.10. facilitate the provision of unauthorised copies of another person's copyright work;
9.11. link to any of the material specified in this paragraph;
9.12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
9.13. send age-inappropriate communications or Content to anyone under the age of 18.
10. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1. hyperlinks, other than those specifically authorised by us;
10.2. keywords or words repeated, which are irrelevant to the Content Posted.
10.3. the name, logo, trademark or intellectual property of any organisation other than yours.
10.4. inaccurate, false, or misleading information.
11. Removal of offensive Content
11.1. For the avoidance of doubt, this paragraph is addressed to any person or company who comes on Our Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
11.3.2 we shall remove the offending Content as soon as we are reasonably able;
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4 Depending on the case, we may reinstate the Content about which you have complained or we may not.
11.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Grant of Licence to use e-Procure
12.1. The licence is property of e-Procure and is offered for free and may be subject to payment of the licence fee and to the other terms of this agreement.
12.2. We do not offer the Licence in all countries. We may refuse or revoke a Licence and return your payment (if applicable) if you live in a country we do not serve or restricted by law.
12.3. The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
12.4. No express or implied licence of e-Procure or any other material is granted to you other than the express Licence granted in this agreement.
12.5. In addition to the terms above, you also agree to our EULA.
13. Restrictions of use
You agree that you will not:
13.1. use e-Procure Platform for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines e-Procure Platform.
13.2. reverse engineer, decompile, or disassemble the Software.
13.3. sub-license, copy or share the Software or the e-Procure Platform.
13.4. Copy or Publish except as specifically allowed in this agreement.
13.5. represent or give the impression that you are the owner or originator of e-Procure Platform.
13.6. remove any identification or reference number or other information which may be embedded on e-Procure Platform.
13.7. allow any other person to use e-Procure Platform except in the situation or context for which you have signed up for.
14. Interruption to our Service
14.1. We give no warranty that our Service will be satisfactory to you.
14.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reasons. We may do so without telling you first.
14.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
14.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
15. Storage of data
15.1. You agree that bandwidth and storage requirements shall not exceed the adequate amount that suits your business needs.
15.2. If your bandwidth and storage requirement exceeds the normal use we may in our discretion:
15.2.1 charge the price when applicable for the abnormal usage you have used, such charges to be paid within 7 days of the invoice date.
15.3. We may, from time to time, set a limit on the number of messages you may send, store, or received through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.4. We maintain reasonable procedures for periodical backup of your data to prevent loss of critical information. but we give no warranty that your data will be saved or backed up in any particular circumstances.
16. Disclaimers and limitation of liability
16.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
16.2. All implied conditions, warranties and terms are excluded from this agreement.
16.3. We provide a SaaS enabled Marketplace for the supply of Products & Services. We are in no way responsible for:
16.3.1 locating and ordering Products & Services;
16.3.2 your choice of Products & Services;
16.3.3 any aspect of the provision of Products & Services;
16.3.4 refund payment for any completed orders;
16.4. Our Website includes Content Posted by Supplier, Expert and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us immediately via the appropriate channel on Our Website.
16.5. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
16.6. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
16.7. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
16.8. We shall not be liable to you for any loss or expense which is:
16.8.1 indirect or consequential loss; or
16.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
16.9. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Supplier or Expert for a Products & Services.
16.10. This paragraph and any other paragraph which excludes or restricts our liability applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
17. Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
17.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
17.2. your breach of this agreement;
17.3. your failure to comply with any law;
17.4. a contractual claim arising from your use of the Services.
18. Miscellaneous
18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.4. Any communication to be served on either party by the other shall be delivered by recorded delivery or by email.
18.5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
18.7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
18.8. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.9. The validity, construction and performance of this agreement shall be governed by the laws of the Kingdom of Saudi Arabia and the parties agree that any dispute arising from it shall be litigated only in that country.
Contacting e-Procure:
You may contact e-Procure using the information below:
Eastern Ring Road,
Riyadh, Kingdom of Saudi Arabia 13214 - 2552
(+966) 9200 33 276 | hello@e-procure.net
© 2020 e-Procure. All rights reserved.
e-Procure and other e-Procure products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of e-Procure in Saudi Arabia and other countries
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Updated on: 23/11/2020
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