1.1. By clicking agree to these Terms and Conditions, You acknowledge that You have agreed to these Terms and Conditions in accordance with the Laws and Regulations. If You do not agree to these Terms and Conditions, You must not click on the acceptance button and leave Ebana Platform immediately.
1.2. These Terms & Conditions describe a contractual relationship ('Terms and Conditions') between You and Ebana (including its subsidiaries, affiliates, including its agents, and assigns) regarding Your use of the Ebana Platform, except as expressly excluded by the Company from time to time.
1.3. By using Ebana Platform You confirm that You accept these terms of use and that You agree to comply with them. If You do not agree to these terms, You must not use Ebana Platform.
1.4. The Company may amend these Terms and Conditions from time to time. If the Company makes any changes to these Terms and Conditions that the Company deems to be material, the Company will notify User who own an account of such changes via a window shown on Ebana Platform which allows User to see the changes. If User does not have an Ebana Account, it is User’s responsibility to review these Terms and Conditions, available on the Ebana Platform from time to time to see if it has changed. If You do not agree with the changes, do not use Ebana Platform, Ebana Website, or Ebana App.
1.5. The Company may transfer our rights and obligations under these Terms and Conditions to any third party.
2.1 Terms and Conditions or Terms and Conditions means these Terms and Conditions including all new amendments made by Ebnan from time to time.
2.2 The Company or Ebana or We: Ebana Company, a Saudi limited liability Company.
2.3 Ebana Platform: website www.Ebana.sa or any mobile application offered by or marketed by or on behalf of Ebana or any other technology platform offered by Ebana including all Ebana apps on Apple Store, Google Play Store, or KaiStore – if any-.
2.4 User or You: User of Ebana Platform whether visitor or having an account.
2.5 Regulators: official authorities which regulate Ebana activities in the Kingdom of Saudi Arabia.
2.6 Laws and Regulations: All laws and regulations applicable in the Kingdom of Saudi Arabia.
3.1 Ebana generally offers several technical and electronic solutions to the institutions and companies in the Kingdom of Saudi Arabia, including Investor Relation solutions, public and private assemblies, and other solutions that help companies and institutions to automate their process. Ebana disclaims its responsibility for any practice or work carried out by any User through the platform, including all information entered through the platform in terms of data, documents, disclosures, or others. Ebana disclaims its responsibility for any action or actions carried out by the User or any third party in violation of applicable Laws and Regulations.
3.2 Every service is subject to Ebana approval. Ebana has the sole right to stop, cancel or add any of the Ebana Platform provided through Ebana Platform.
By using Ebana Platform, You acknowledge You have the legal capacity under the Laws and Regulations to enter into this Terms and Conditions in accordance with these Terms and Conditions.
5.1 You will need Your own Ebana account (each “Account”) to use certain Ebana Platform. Each person may only hold one Ebana Account, except if a User is permitted by Ebana to have more than one account.
5.2 In consideration of Your use of Ebana Platform, You agree to (a) provide accurate, current and complete information about You as may be prompted by any registration forms on or through Ebana Platform or otherwise requested by Ebana; (b) maintain the confidentiality and security of Your password and identification and agree to accept responsibility for all activities that occur with Your permission under Your account or password; (c) maintain and promptly update Your information, and any other information You provide to Ebana , to keep it accurate, current and complete; (d) promptly notify Ebana regarding any material changes to information or circumstances that could affect Your eligibility to continue to use the Ebana Platform or the terms on which You use Ebana Platform; and (e) be fully responsible for all use of Your Account and for any actions that take place using Your Account.
5.3 You disclaim Ebana’s responsibility If Your password is lost or stolen, or if You believe there has been unauthorized access to Your Account by third parties. In such situations, please notify us immediately and change Your password as soon as possible.
5.4 Ebana at its own discretion can closes Your Account, if it has reasonable believe that the information You provided is inaccurate, incomplete, or not updated, or if the account is used in another way other than its intended purpose, or if the account is used for prohibited activities by law and regulations. Without prejudice to any other rights and compensation to Ebana in accordance to this Terms and Conditions or under applicable laws and regulations.
5.5 You may request to close Your Account at any time by contacting us at [email / phone]. Your request may take up to 30 business days to process. If You owe any payment to Ebana, Ebana will not close Your Account until that payment has been made, but We may limit Your ability to make additional transactions using Your Account. You will remain liable for all obligations related to Your account even after the account is closed. EBANA will retain Your information in accordance with our Privacy Policy (available on the Ebana Platform). Ebana has the right to take all necessary legal and judicial methods to collect any obligations towards Ebana or any third party through Ebana Platform and in accordance with the applicable laws and regulations.
5.6 All personal, commercial, and private information that the user obtains through Ebana Platform and affiliate applications is, in fact, strictly confidential, and the user undertakes to maintain the confidentiality of that information, and User is prohibited from disclosing or sharing it with any third party, and each User bears full responsibility for any activity otherwise.
The method of payment for the services provided by Ebana Platform shall be in accordance with the method that the Company deems appropriate and approved by the Company from time to time.
7.1 User shall use Ebana Platform in accordance with these Terms and Conditions and in accordance with the instructions and policies issued by the Company from time to time.
7.2 Access to Ebana Platform or its services may from time to time be unavailable, delayed, limited or slowed due to, servers, networks, hardware failure telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause beyond the control of the Company.
7.3 The user's failure to provide some or all of the necessary personal information upon request may result in the unavailability of some of Ebana Platform's services.
7.4 Ebana Platform, represented by its management or through any party it chooses, shall assist in providing the necessary support through the specified channels to any of the parties to the operations organized by Ebana Platform, and seek to solve technical problems that may arise regarding any of these operations.
7.5 Technical support for Ebana Platform and its applications is provided through e-mail (*), or through social networking accounts (Twitter) with its identifier: (*), only, and there is no capacity or consideration for other identifiers. Ebana Platform management also clarifies the methods of communication through its various pages
7.6 Ebana Platform may include links to other pages or websites owned or operated by a third party, over which the Company and Ebana Platform has no right to control and manage the content, terms of use or policies of those related websites.
7.7 Ebana Platform management may, by itself or with the help of third parties, publish or re-display contents related to the uses of Ebana Platform, without assuming any responsibility for the displayed content or its suitability for any purpose.
7.8 The presence of the relevant sites on Ebana Platform does not entail approval of the Company or Ebana Platform on the content, advertisement, product, service or other materials provided by those sites or pages.
7.9 The Company and Ebana Platform are not responsible, directly or indirectly, for any damages or losses arising from or related to the use of or reliance on such contents, advertisements, products, services or other materials provided by the relevant sites, and the user should communicate with the officials or moderators or the operators of those relevant websites on their pages and websites.
8.1 Each User shall be obligated to use Ebana Platform in accordance with the applicable Laws and Regulations, and in accordance with Ebana’s policies and procedures issued from time to time. Further, each User shall be obligated to comply with Law of Combating Crimes of Terrorism and its Financing, Anti-Money Laundering Law, Penal Code for Forgery Offenses, Penal Law of Impersonating Public Officers, and others. of the relevant laws and regulations, and the platform or its management shall not bear any responsibility or liability towards any of the parties or any entity whatsoever.
8.2 You agree not to use the Ebana Platform for any unlawful or fraudulent activity and to immediately contact us if You believe that Your Account may be subject to unauthorized use, account takeover or other type of fraudulent activity or security breach. By using the Ebana Platform, You agree that You will not and will not assist or enable others to do any of the following:
(a) Breach or circumvent any applicable laws or regulations, Terms and Conditions with third-parties, third-party rights, or Terms and Conditions with us, including this Terms and Conditions.
(b) Provide false, inaccurate, or misleading information to us.
(c) Use an EBANA Account that belongs to another person for Yourself or on behalf of another person.
(d) Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Ebana Platform or to surreptitiously intercept or expropriate any system, data or personal information from the Ebana Platform.
(e) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, “spam” or any other such unsolicited overload technique; or
(f) Commit unauthorized use of the Ebana Platform, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Ebana Platform.
(g) Open or use multiple Ebana Accounts.
(h) modify, copy, distribute or reproduce any information, materials, programs, products or services on Ebana Platform without the prior written consent of the company, and the User undertakes not to use such additional information, materials, products or services in his own publications.
(i) modify, copy, distribute or reproduce any information, materials, programs, products, or services on Ebana Platform without the prior written consent of the Company, and the user undertakes not to use such additional information, materials, products or services in his own publications.
(j) use any information obtained through Ebana Platform in addition to the contact information of the members of the circle for any uses other than those stipulated in these terms and conditions.
(k) violate the intellectual property rights of Ebana Platform, or the intellectual property rights of others.
(l) harass, mistreat, insult, harm, defame, defame, disparage, threaten, or racially discriminate against the Company or any of its employees or any other Users.
(m) post false or misleading information.
9.1 All trademarks, content, design, graphics, compilation, magnetic translation, digital conversion, and other matters to the Ebana Platform are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Ebana or one of its affiliates. The copying, redistribution, use or publication by You of any part of the Ebana Platform, unless expressly permitted in these Terms and Conditions, is strictly prohibited. Use of the Ebana Platform does not give You ownership of any intellectual property rights in any of the content, documents, or other materials You access. The posting of information or materials on the Ebana Platform does not constitute a waiver of any right in such information and materials.
9.2 User acknowledges that User has the full legal entitlement in accordance with the applicable Law and Regulations to use User’s or any third party's intellectual property rights through Ebana Platform. Further, User releases the Company from any illegal use by User of intellectual property rights owned by any party.
9.3 The Company bears no responsibility for what is contained in the modified or unauthorized versions of Ebana Platform or electronic applications, if any, and does not bear any damages resulting from the use of applications from any source other than the sources described above.
This Terms and Conditions hereunder are made and will be governed by and construed in accordance with the Laws and Regulations of Saudi Arabia. The parties agree that the venue for any dispute, obligation or action of any kind arising under this Terms and Conditions will be Riyadh, Saudi Arabia, and the parties irrevocably consent to the exclusive jurisdiction of Saudi Arabia for any dispute, obligation, or action hereunder and agree not to commence or prosecute any suit, proceeding or claim hereunder, except in such courts. In any action to enforce this Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees from the non-prevailing party.
In the event that one of the provisions stipulated in these terms and conditions is declared invalid or unenforceable, this does not affect the rest of the terms and conditions. In the event that part of one of these terms and conditions is ruled to be invalid, then it is that condition that is ruled to be invalid in part, and it is enforceable, but within limits that do not include what is invalid thereof.
This Terms and Conditions set forth the entire Terms and Conditions and understanding of the parties relating to the subject matter hereof, and supersede all prior or contemporaneous Terms and Conditions, proposals, negotiations, conversations, discussions, and understandings, written or oral, with respect to such subject matter and all past dealing or industry custom. This Terms and Conditions hereunder will prevail over any additional, conflicting, or inconsistent terms and conditions which may appear on any Order, and any additional terms and conditions in any such order will have no force or effect
13.1 All documents and information entered into User’s account belong to User, and they are correct and up to date. User denies any fraud on the management of the platform, and User has also verified User’s identity using the unified digital identity (Nafth).
13.2 User has accepted all application policies, terms of use, and current and future procedures, and User agrees that the Company will inquire about User with information providers, for example, but not limited to: SIMAH, social insurance and other private or government agencies.
13.3 User undertakes to pay when requested by Ebana, and to bear all legal costs and penalties in the event that I fail to pay within the permitted period.
14.1 The Company and Ebana Platform does not guarantee that the content provided on Ebana Platform is appropriate to be provided outside the borders of the Kingdom of Saudi Arabia, and access to the provided content may be illegal or contrary to the system in some countries.
14.2 User undertakes, while using Ebana Platform, to comply with and apply the laws of the country in which it is located, and in the event that the user accesses the content from a country other than the Kingdom of Saudi Arabia, he bears all damages or losses resulting from the possibility of illegal content in that country.