Terms & Conditions

Nature of the Platform. "Imdad" is an electronic application and a digital portal specialised in the construction and contracting sector. It enables Clients (Service Requesters) to request construction equipment and building materials, and enables Service Providers to submit price quotations for the equipment and services requested.

Owner and Operator. The Platform is managed and operated by Imdad Equipment Commercial Brokerage Company, a company registered under the laws of the Kingdom of Saudi Arabia under Commercial Registration No. [0000], with its head office at [000].

Legal Force of this Document. This document governs the legal relationship between the Platform and all Users. The Privacy Policy forms an integral part of these Terms of Use and of the brokerage contract. Continued browsing or use of the Platform constitutes an acknowledgement that the User has read, understood and accepted them. Should the User not agree to any provision, the User must immediately refrain from using the Platform.

Membership Conditions. The Services may not be used without creating an Account. Registration is conditional upon:

• satisfying legal and regulatory capacity (the User must be not less than 18 years of age);
• registering under the User's true name with accurate information, updating that information immediately upon any change, and providing evidence of lawful authority to represent a commercial entity where registration is made in the name of such an entity;
• maintaining the full confidentiality of login credentials, bearing responsibility for any activity conducted through the Account, and notifying the Platform immediately upon any suspicion of a breach or unlawful use.

Capacity of the Platform. The Platform acts as an electronic intermediary connecting the Service Requester with the Service Provider in consideration of an agreed commission.

Obligations of the Parties to an Order.

• The Service Requester undertakes to specify the project location accurately, to describe the Order clearly so as to exclude ambiguity, and to confirm the lawfulness of the Service requested.
• The Service Provider undertakes to specify the price and the time period for performance, and to confirm the lawfulness and fitness for use of the equipment and materials supplied.

Contractual Relationship (Offer and Acceptance). Upon acceptance of a price quotation, a direct contractual relationship arises between the Service Requester and the Service Provider. The order forms within the Platform and the information pages shall be deemed an integral part of that contract. The role of the Platform is confined to intermediation and general oversight until performance is concluded.

Financial Mechanism.

• Payment shall be made electronically through the payment methods approved on the Platform. An invoice bearing the order number shall be issued, inclusive of the fees and statutory taxes borne by the Service Requester.
• The amount shall be deposited into the Platform's account (in its capacity as custodian thereof) pending performance of the Service, and the funds shall become due to the Service Provider immediately upon performance.
• The Platform shall be entitled to withhold the funds in the event of a dispute between the parties pending settlement. Where partial completion is established on the basis of a statement by the Service Requester or other supporting evidence, the Platform shall be entitled to deduct the value of the damages or the liquidated-damages amount and to return the balance to the Service Requester, without prejudice to the Service Provider's right to pursue a judicial claim.

Fees and Commissions. Registration on the Platform is currently free of charge (the Platform reserving the right to impose usage fees in the future). The Platform shall collect a commission of 5% of the value of the agreement.

Cancellation and Amendment of Orders. Cancellation requests are subject to the Service Provider's policies and to government regulations (such as cases of non-conformity with specifications, damage in transit, or agreement of both parties). Upon rescission of the contract by mutual consent, the amount shall be refunded to the Service Requester after deduction of an administrative fee of 1% of the agreed value of the Service.

Licence and Restrictions. The User is granted a limited, non-exclusive licence to use the Platform solely for its designated purposes. It is strictly prohibited to attempt to breach the technical systems, to reverse-engineer them, to resell or copy any part of the Platform, to use it in any activity contrary to the laws in force in the Kingdom, or to harm the reputation of the Platform.

Intellectual Property. All intellectual property rights, trademarks, source code, designs and content made available on the "Imdad" Platform are the exclusive property of Imdad Equipment Commercial Brokerage Company, and may not be quoted or used without prior written permission.

Limitation of Liability. The Platform provides technical intermediation services on an "as is" basis and bears no legal liability for errors of description, delays in performance, or damages and losses arising from the direct dealings between the Service Requester and the Service Provider (save for the financial and privacy obligations specified in this Agreement). The Service Provider undertakes to indemnify the Service Requester for damages arising from its fault or the fault of its subordinates.

Indemnity. The User undertakes to indemnify the Platform against any damages, fines or legal costs arising from the User's misuse of the Platform or breach of these Terms or of national laws.

Confidentiality of Inter-Party Data. The Platform, as well as each of the Service Provider and the Service Requester, undertakes to preserve the confidentiality of the data entered or exchanged in the course of carrying out transactions. Such data may not be disclosed to any third party except pursuant to an official request from the competent governmental or judicial authorities.

Force Majeure. Any party (the Platform, the Service Requester, or the Service Provider) shall be relieved of liability for delay or non-performance resulting from exceptional circumstances beyond its control (such as natural disasters, wars, governmental orders and sovereign decisions, and public pandemics). The assessment of the effect of such circumstances shall be a matter for the judicial authorities.

Amendment of the Terms and the Policy. The Platform is entitled to update and amend these Terms of Use and this Privacy Policy at any time (particularly following the conclusion of the trial period). Amendments take effect immediately upon their publication on the Platform. Where amendments are material, or updates affect data protection, Users shall be notified in advance by email or by a prominent in-application notice, and re-consent may be required for continued use of the Service.

Governing Law. This Agreement in all its provisions (Terms of Use and Privacy Policy) is governed by, and shall be construed in accordance with, the laws and regulations of the Kingdom of Saudi Arabia.

Dispute Resolution. Any dispute arising between the Platform and any of the parties, or between the parties to the contractual transaction concluded through the Platform, which cannot be resolved amicably, shall be referred to an arbitral tribunal composed of three arbitrators in accordance with the Saudi Arbitration Law. The place of arbitration and of enforcement shall be the city of Makkah Al-Mukarramah.

General and Supplementary Provisions. The Arabic language is the authoritative reference for the interpretation of these provisions. Any matter not expressly covered by this Agreement shall be governed by the laws and decisions in force in the Kingdom of Saudi Arabia.