1. PARTIES, SUBJECT AND CONTENT OF THE PORTAL CONDITIONS OF USE AGREEMENT
1.1. Please read the below written conditions in order to use this website (hereinafter will be referred to as the "PORTAL") In case you do not accept these conditions, please stop using the "PORTAL". The right of the "PORTAL" owner to amend at any time the information, forms, content that takes place or will take place on the "PORTAL", the "PORTAL" and the conditions of use of the "PORTAL" is reserved.
1.2. The owner of this "PORTAL" is Amlik Alarabiyya for Online Marketing(hereinafter will be referred to as "Amlik") commercial registry no. 4030253277in Jeddah, Saudi Arabia. The services which are offered on the Portal and which are designated in Article 3 of this Agreement are provided by Amlik.
1.3. All the natural and legal persons utilizing, whether by a charge or for free, from the services offered on the "PORTAL" and accessing the "PORTAL" in any way, are deemed to have accepted the below conditions of use. "Amlik" can amend the conditions designated in this agreement at any time and without any notice to the User. Such amendments shall be published on the "PORTAL" periodically and shall be effective on the date of that publication. All the natural and legal persons utilizing from the services on the "PORTAL" and accessing to the "PORTAL" are deemed to have accepted beforehand all the amendments made by "Amlik" on the provisions of this agreement.
2.1. "PORTAL": The web site which consists of the www.amlik.com domain name and the related sub domain names on which several services and content designated by "Amlik" are provided and to which on line access is possible.
2.2. USER: Every natural or legal person who accesses on line to the "PORTAL" and/or to "Amlik DATABASE"
2.3. LINK: A link which enables access from the "PORTAL" to the PORTAL/ another web site/ files/content or from another web site to the "PORTAL"/ files/ content.
2.4. CONTENT: Every visual, literary, audio image such as information, file, picture, number etc which is published from or to which access is possible from the "Amlik" "PORTAL"
2.5 "Amlik INTERFACE": Internet pages which are used by the "USERS" for the purposes of displaying the content initially composed by the "MEMBERS" and searching for the content on "Amlik DATABASE"; which gives commands to the computer software for enabling any kinds of transactions to be made via the "PORTAL" in the designs which are protected within the scope of Code no 5846 on Intellectual and Artistic Works and on which all kinds of copyrights belong to Amlik.
2.6 "Amlik DATABASE": Amlik's database on which the content accessed within the PORTAL can be stored, classified, searched and accessed. Amlik DATABASE is protected in accordance with the Saudi Law.
2.7 "MEMBER": Each natural and/or legal person "USER" who by completing the "Membership process defined on the Portal and by receiving Amliks electronic consent and giving electronic consent (within the registration procedure) to agree with the agreements specifically drafted for such services; utilizes from the specific services provided by Amlik.
2.8 "MEMBERSHIP AGREEMENT": The Agreement which specifies the conditions for utilizing the services offered by Amlik on the PORTAL; which is made electronically between Amlik and the Member as a result of the MEMBER's electronic consent in the membership registration process and which is a part and parcel of this conditions of use. Amlik may submit the Membership Agreement for the Member's approval in different names by categorizing the Membership Agreement for different membership and/or service groups. In such a case, the Member-to-be shall be deemed to have accepted the agreement which is related with the service from which he/she would like to utilize.
3. Amlik SERVICES
3.1. Amlik provides the USERS to search via Amlik DATABASE of the content uploaded by the MEMBERS to Amlik DATABASE by way of using the interfaces on the PORTAL and the display via the PORTAL of such content by the interfaces belonging to Amlik.
3.2. Amlik provides a medium to its Members on which they can make transactions within the PORTAL such as publishing their listings, opening virtual stores, offering for sale the goods and services, obtaining and submitting offers, communicating with the "USERS" and/or "MEMBERS" through various channels (such as e-mail, transmitting messages within the "PORTAL" etc.)
3.3. Amlik provides its MEMBERS in accordance with the explanations specified in the MEMBERSHIP AGREEMENT and made within the PORTAL, various kinds of listing services which prioritizes the displaying of the listings in order to enable the "USER"s to more easily access the listings of the "MEMBERS"
3.4. Amlik also provides communication channels to its Members through which they can make comments and give profile scores for the listings published and transactions made by the other Members within the PORTAL and also through which they can express their satisfaction related with the transactions realized within the PORTAL.
3.5. "Amlik" provides reporting services related with the transactions MEMBERS realize within the PORTAL, activities within the PORTAL related with the MEMBERS appreciation and their listings. Such reporting services are conducted in accordance with the number of displays of other MEMBERS and USERS and under various categories.
3.6. The services provided by Amlik are not limited with the services specified in the above provisions. The services specified in the above provisions are the basic services provided by Amlik and Amlik shall have the sole discretion to decide whether to add any additional services or to amend/modify the scope and offering method of the above specified services. Amlik shall use this discretion unilaterally without any notice in any way.
4. Amlik TERMS OF SERVICE AND OBLIGATIONS
4.1 "USER"s can only make transactions on the PORTAL with lawful purposes. All the legal and criminal liability for the activities and transactions made by the USERs and MEMBERs within the PORTAL shall be on the related USER or MEMBER.
4.2. Portal works with the principle of USERs display of the Content uploaded by the MEMBERS to the PORTAL. Amlik shall have no liability in relation to such Content and shall not undertake and guarantee the security, accuracy and legality of such information and content.
4.3. The "USER" accepts and undertakes not to reproduce, copy, distribute, process the pictures, texts, visual or audio images, videos, files, databases, catalogues and lists within the "PORTAL" or by such actions or by other means to compete directly and/or indirectly with " Amlik".
4.4 " Amlik", "Amlik affiliates, employees, administrators and authorized resellers shall have no responsibility for the services provided within the PORTAL by the third parties, or for the listings and content created by the MEMBERS.
4.5 "USER"s and the "MEMBERS" accept and undertake that the information and content that they have provided to " Amlik" within the "PORTAL" are accurate and lawful. Amlik shall have no liability or responsibility to investigate the accuracy of the information and content transmitted to " Amlik" or uploaded, modified or provided on the PORTAL, Amlik shall have no liability or responsibility to undertake and guarantee the security, accuracy and legality of those information and content.
4.6 "USER"s and the "MEMBER"s accept and undertake not to conduct any activities within the "PORTAL" that would result in unfair competition in accordance with the provisions of the Saudi Trade Law and not to perform any acts that would infringe or offense the personal rights or would harm the personal and commercial reputation of " Amlik" and any third parties.
4.7. "Amlik" reserves the right to change at any time, the services and content provided within the "PORTAL". "Amlik" may use such right without making any pre or further notice.
4.8. "USER"s and the "MEMBER"s are obliged to urgently make the changes and/or corrections requested by " Amlik". Such changes and/or corrections can as well be made by " Amlik", if deemed necessary. The legal and criminal responsibilities and the damages that occur or might occur because the "USER" and the "MEMBER" does not make the changes and/or corrections requested by "Amlik" shall solely belong to the related "USER and the "MEMBER"
4.9. USERS are obliged to use the information they access within the PORTAL solely for the purposes specified by either the MEMBER who has disclosed such information or by Amlik.
4.10. Links may be provided through the "PORTAL" to web sites and/or CONTENTS and/or files that are not under the control of "Amlik" and that belong to third parties. Such links are provided for referencing purposes only, they do not have the purpose of supporting or endorsing the related web site or its operator and they do not constitute a declaration or a guarantee of such web site or the information it contains. "Amlik" shall have no responsibility concerning the websites, files and content accessed via the links on the "PORTAL", the services or products provided from the web sites accessed via such links or the content of such services or products.
4.12. In relation to the listings available on the PORTAL and the Amlik INTERFACE, Amlik merely permits the USERS to display the listings and use Amlik INTERFACE" solely to inform themselves about the content of the related listings. Amlik does not permit or give consent for any other kinds of activities in relation to the listings available on the PORTAL and the Amlik INTERFACE, including any attempts to access for any other purposes a number of or the whole of the listings through the database, to copy the listings, to directly or indirectly publish such listings in any other medium, to compile them, to process them, to give links to the listings on Amlik. Any use of Amlik DATABASE outside the scope permitted within this provision is against the law and all rights of Amlik to any claims, lawsuits, pursuit etc. shall be reserved.
4.15 Personal data available on the listings that can be accessed and/or displayed through the Portal shall never be used, processed, monitored and revealed by a third person, without the written permission of the owner of such personal data and without the written permission of Amlik.
4.16. Amlik DATABASE and the information available at "Amlik DATABASE" shall not be copied, transferred to another database or opened to access or use of third parties through those databases, without the written approval of "Amlik".
5. INTELLECTUAL PROPERTY RIGHTS
The information which can be accessed within this "PORTAL" and which have been legally provided by the "USER"s and all the elements (including but not limited to "Amlik" interface, "Amlik" database, design, text, image, html code and other codes) of this "PORTAL" ("Amlik copyrighted works) are in the property of and/or used under a license from a third party by Amlik. "USERS do not have the right to resell, process, share, distribute, display "Amlik" services, "Amlik" information and "Amlik's copyrighted works and they cannot allow others to access or use the services. Except for the circumstances in which "Amlik" gives explicit permission within the context of this "Conditions of Use"; "USERS cannot reproduce, process, distribute or cannot make or prepare derivative works from "Amlik's copyrighted works. All the rights of Amlik in accordance with the "Amlik" services, Amlik information, "Amlik's copyrighted works, Amlik trademarks, Amlik trade name and all other assets and information it provides via this "PORTAL" are reserved.
6. AMENDMENTS TO THE CONDITIONS OF USE OF THE PORTAL
"Amlik", can amend this "Conditions of Use" unilaterally and in full discretion in any time by making an announcement on the "PORTAL". The amended provisions of this "Conditions of Use" shall become valid on the date of their announcement. This "Conditions of Use" shall not be amended by the unilateral declaration of the User.
7. FORCE MAJEURE
Force majeure shall be interpreted as the inevitable cases which happen outside the reasonable control of the concerned party and which Amlik could not avoid although it has shown the necessary attention. Happenings including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, electrical power cuts or bad weather shall be deemed as force majeure.
8. APPLICABLE LAW AND JURISDICTION
In the application and interpretation of this "Conditions of Use" Saudi Arabian law shall be applied provided that in the management of legal relations within the context of this "Conditions of Use" where there is an element of foreignness Saudi Arabian rules for Conflict of laws shall be applied. Saudi High Courts and executive offices shall be the competent jurisdictions for any conflicts that occur or might occur within the context of this Agreement.
9. EFFECT AND ACCEPTANCE
This "Conditions of Use" shall become effective on the date that it is announced in the "PORTAL" by "Amlik". "USERS and MEMBERS shall be deemed to have accepted the provisions of this Conditions of Use by using the "PORTAL". Amlik may amend the provisions of this Conditions of Use at any time. Such amendments shall become effective on the date that they are published on the "PORTAL" by designating their version number and amendment date.
Amlik will not reveal to third parties the personal information electronically transmitted by the Users from the "PORTAL" except for the purposes and scope identified by "Amlik Membership Agreement" that it has made with its Members.
"Amlik", when necessary for the purposes of defining the problems about the system and urgently troubleshooting for the troubles that might occur in the PORTAL, identifies the IP addresses of the users and uses them. IP addresses can as well be used to generally define the users and collect comprehensive demographic information.
It is required for the users to provide "Amlik" some personal information (name-surname, company information, telephone, address, e-mail etc.) about themselves by way of membership or filling some forms or polls on the "PORTAL". "Amlik" can use such information for direct marketing that would be made by "Amlik" or by persons in cooperation with "Amlik" outside the purposes and scope defined in "Amlik" Membership Agreement, as well.
Personal information can as well be used to contact the user, when necessary. The information requested by "Amlik" or the information provided by the user or the information about the operations made via "PORTAL" can be used by "Amlik" and by persons in cooperation with "Amlik", outside the purposes and scope defined in "Amlik Membership Agreement"; for the purposes of making some statistical evaluations, composing a database or market research; without disclosure of the users identity.
- To comply with the obligations arising from legal rules in force;
- To comply with the requirements of the "Amlik Membership Agreement" and other agreements between "Amlik" and the users and to put them into practice;
- In the event that information concerning the users is requested by the competent administrative and judicial authorities for the purpose of duly executing an investigation or an enquiry;
- The circumstances in which providing information is necessary for the protection of the user's rights and security.
"Amlik" can obtain information about the users and the users? usage of the "PORTAL" by using a technical communication file (Cookie) as well. Such technical communication files are small text files send by a website to a user's browser to be kept in the main memory. Technical communication file stores the conditions and choices about a website and eases the Internet usage. Technical communication file facilitates to provide statistical information concerning, how many people uses the PORTAL, the purpose of the visit of a person of the PORTAL, the number and duration of the visits; and to dynamically produce advertisements and content from user pages designed specifically for the users. Technical communication file is not designed to collect data or any other personal information from the main memory or your e-mail. Most of the browsers are initially designed to accept technical communication files but the users, if they wish, can change the settings so that no technical communication file is received or an alert would appear when a technical communication file is sent.