Introduction

Welcome to KAZNAH. By accessing this website and related, services, applications or tools (Collectively referred to as "KAZNAH") you are agreeing to make sure that KAZNAH works for everyone.These Terms of Use constitute a legally binding agreement between you and KAZNAH.com.sa & current users, including upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a KAZNAH account and by otherwise accessing KAZNAH, including posting an ad; or as otherwise indicated on KAZNAH.

Using KAZNAH

As a condition of your use of KAZNAH you agree that you will not:

• violate any laws;
• violate the Policies;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind.
• infringe any third-party right.
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm KAZNAH or the interests or property of KAZNAH users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of KAZNAH;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access KAZNAH and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from KAZNAH or KAZNAH copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to KAZNAH;
• use any tool that interferes with the normal functioning of KAZNAH, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of KAZNAH functionalities; or
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to KAZNAH and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of KAZNAH either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on KAZNAH, we may, at our discretion, inform other KAZNAH users that have been in contact with you and recommend that they exercise caution.

Abusing KAZNAH

KAZNAH and the KAZNAH community work together to keep KAZNAH working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off KAZNAH if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the KAZNAH employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Kaznah or not, we do not have any obligation to monitor the information transmitted or stored on KAZNAH and we do not accept any liability for unauthorised or unlawful content on KAZNAH or use of KAZNAH by users.

Global Marketplace

Some of KAZNAH features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the KAZNAH community, or on third party Platforms, including social media channels. By using KAZNAH, you agree that your ads can be displayed on these other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform's policies. We may remove your ad if it is reported on KAZNAH, or any third party Platform, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using KAZNAH is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Saudi Riyals, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on KAZNAH. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the KAZNAH fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from KAZNAH in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund KAZNAH users for any fees paid through use of KAZNAH in the following cases:

• If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
• If your ads went live with exposure on the KAZNAH sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If your ads are placed in the Pets or Massage categories of KAZNAH;
• If your ads are placed into "edit" mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;
• If we believe that your ads are in a significantly wrong category;
• Please note that the above list is not exhaustive. 

In addition to the KAZNAH services, ancillary goods or services such as insurance or car finance may be advertised on KAZNAH. Although users may offer financial products on their ads, KAZNAH is in no way involved or liable for any loss related to such transactions.

Display and placement of user ads

We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:

• users' location and search query / category selected;
• adverts' category, content, location and date published; and
• if the ad has a paid-for promotion. 

Content

KAZNAH contains content from us, you, and other users. KAZNAH is protected by copyright laws and international treaties. Content displayed on or via KAZNAH is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from KAZNAH without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in KAZNAH. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of KAZNAH (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the KAZNAH corporate group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

KAZNAH may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your KAZNAH ad while your ad is on KAZNAH. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at KAZNAH sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. KAZNAH is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all KAZNAH policies. 

If you notice inaccuracies in this data after your ad appears on the site, please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on KAZNAH by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by KAZNAH.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete and email it to KAZNAH at ?????. Complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable KAZNAH to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to KAZNAH via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by KAZNAH users do not infringe their copyright, trademark rights or other intellectual property rights.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on KAZNAH comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use KAZNAH, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Saudi Riyals.

Release

If you have a dispute with one or more KAZNAH users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using KAZNAH, you agree to the collection, transfer, storage and use of your personal information by KAZNAH on servers located in the KSA, United States and China.

You and KAZNAH shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will KAZNAH and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

As part of the services, KAZNAH has access to various information about users, including personal data. This includes information that users submit to KAZNAH as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).

Via KAZNAH.com.sa and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).

KAZNAH only shares information about users with third parties if this is necessary for the provision of the services or if KAZNAH is legally or contractually entitled to do so.

Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your KAZNAH account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.

Resolution of disputes

If a dispute arises between you and KAZNAH, we strongly encourage you to first contact us directly to seek a resolution by ending Email to info@KAZNAH.sa. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on KAZNAH constitute the entire agreement between KAZNAH and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Saudi Arabia, Riyadh. You agree that any claim or dispute you may have against KAZNAH.sa must be resolved by the courts of in Riyadh, Saudi Arabia. You and KAZNAH both agree to submit to the non-exclusive jurisdiction of the Riyadh, Courts; for claims falling within the jurisdiction of a Riyadh, you and KAZNAH both agree to submit to the jurisdiction of the Riyadh.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to info@KAZNAH.sa . We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the KAZNAH website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.