Terms and Conditions

Terms and Conditions for the Use of the Wasalt Electronic Auction Platform

In the following document, referred to as ("Terms and Conditions"), a contract is established between Wasalt Real Estate Services Company, commercial registration number (1010635634), (hereinafter referred to as "the Company") and the User and/or Sales Agent, as identified below.

Article 1: Definitions and Interpretations

1. Unless the context requires otherwise, the following terms have the meanings specified for each:
   • "Auction": a public sale conducted on the Website through bidding to purchase Assets by Users.
   • "Bid Deposit": an amount set by the Sales Agent, the Company, Infath or any competent authority, as applicable based on the relevant Asset, which a User must pay to participate in the Auction.
   • "Bidding Period": the period that starts from the first day of bidding and continues until the last date specified by the Company, Sales Agent, Infath, or any competent authority, as applicable.
   • "Completion Period": the period specified in the Auction listing (or, if none is specified, fourteen (14) days from the date the winning User is notified of the award) within which the winning User must pay the balance of the purchase price and complete the purchase and transfer of the Asset.
   • "Document Validity Period": the period commencing on the date on which the User and/or Sales Agent accepts these Terms and Conditions and continues for so long as the User and/or Sales Agent uses the Website.
   • "Infath": a governmental center specialized in entrustment and liquidation where applicable to the relevant Auction.
   • "Listing Period": the period that starts from listing the Assets and continues until the Bidding Period starts.
   • "Platform": an electronic platform owned by the Company which offers -amongst other services- auction and public sale services for Assets, including Real Estate Units and Moveable Assets, displayed on the Website by the Sales Agent.
   • "Asset(s)": refers to any asset displayed for Auction on the Website by the Sales Agent, including Real Estate Units and Moveable Assets.
   • "Real Estate Unit(s)": refers to lands, buildings, or any immovable property, whether designated for residential, commercial, or other use, displayed for Auction on the Website by the Sales Agent.
   • "Moveable Asset(s)": refers to assets that are not permanently attached to land, including but not limited to vehicles, cars, trucks, machinery, equipment, goods, inventory, and any other tangible moveable assets displayed for Auction on the Website by the Sales Agent.
   • "Sales Agent": natural or legal person who is authorized to dispose of the Asset through a valid agency, authorization, title document, ownership document, mandate, or any other valid legal basis acceptable to the Company.
   • "User": the natural or legal person who confirms their intention to participate in the Auction according to the Terms and Conditions herein.
   • "VAT": value added tax imposed under the VAT Law and its Implementing Regulations in the Kingdom of Saudi Arabia.
   • "ZATCA": the Zakat, Tax and Customs Authority of the Kingdom of Saudi Arabia.
   • "Website": the website owned by the Company under the domain www.wasalt.sa
2. The Company and the User and/or Sales Agent shall be referred to individually as ("Party") and collectively as ("Parties").
3. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine and neuter.

Article 2: Eligibility and Agreement to Terms and Conditions

These Terms and Conditions constitute a binding contract between the Company and the User and/or Sales Agent, specifying the responsibilities of both Parties. The User and/or Sales Agent must carefully read these Terms and Conditions along with the Terms of Advertising, Terms of Use, and Privacy Policy which can be found on the Website before using the Auction services. The User and/or Sales Agent acknowledges being aware of and agrees to these Terms and Conditions, disclaiming ignorance, and accepts their obligation to abide by them from the moment they click the icon that states: "I acknowledge that I am fully eligible, and I have read and agree to the terms and conditions." At that point, the Terms and Conditions of this document, the Terms of Advertising, Terms of Use, and Privacy Policy all become binding upon the User and/or Sales Agent, and the "Document Validity Period" commences.

The User and/or Sales Agent also agrees that the Company has the right to modify these Terms and Conditions without prior consent or individual notification, by publishing the amendments on the Website, save that the Company shall notify Users by a reasonable means (including SMS, email, or platform notification) of any material amendment before it takes effect. The User and/or Sales Agent's continued use of the Website after the date of such amendments constitutes acceptance of these modified terms and conditions, and the User and/or Sales Agent acknowledges and agrees to comply with them.

Article 3: Purpose of the Wasalt Auction Platform

The Company has established the electronic Website and Platform, for the purpose of allowing Sales Agent to showcase the Assets, including Real Estate Units and Moveable Assets, on the Website for bidding by bidders in an Auction. The Company acts as an intermediary between the Sales Agent and bidders. These Terms and Conditions outline the obligations and procedures related to this process.

The Company does not own, sell, warrant, inspect, value, or guarantee any Asset listed on the Platform unless expressly stated otherwise in writing. The Company's role is limited to providing the electronic platform and facilitating the Auction process.

The Sales Agent (and/or its principal) is and remains the seller and supplier of each Asset for all purposes, including for tax purposes. The Company acts solely as an intermediary facilitating the Auction, is not the seller or supplier of any Asset, and is not a party to the contract of sale concluded between the Sales Agent (and/or its principal) and the User. The Sales Agent (and/or its principal) is identified as the supplier of the Asset in the Auction listing and in any invoice or receipt issued in respect of the sale.

Article 4: Registration Requirements, Declarations, and Ongoing Commitments

Every individual or legal entity wishing to participate in the Auction must create a user account on the Website and comply with the following requirements and conditions for creating a user account:

Requirements for Natural Persons Registration:

1. The individual must be at least 18 years old and confirm that they have full legal capacity to accept and abide by these Terms and Conditions.
2. The individual must be of Saudi nationality, or if a non-Saudi, they must be among those allowed by the regulations to own the relevant Asset in the Kingdom of Saudi Arabia and provide evidence of that.

   For clarity, ownership restrictions applicable to Real Estate Units may not apply to Moveable Assets; however, the User remains solely responsible for verifying and complying with all applicable ownership, registration, licensing, insurance, customs, traffic, and regulatory requirements relating to the relevant Moveable Asset.

3. The individual must provide their identification, address, contact number(s), and any other supporting information required by the Company.
4. The individual must not be representing any other party or person or use the Website on behalf of others, except when acting as an agent for another person authorized to register on the Website, accept the Terms and Conditions, and perform transactions relating to Assets on behalf of the principal. In such cases, the person shall provide appropriate supporting documentation for that authorization.

1. The company must be fully owned by Saudi individuals, or if a mixed company, it must be licensed by the competent authority to own the relevant Asset in the Kingdom of Saudi Arabia.

   This requirement shall apply to the extent required under applicable laws and regulations depending on the type of Asset, including whether the Asset is a Real Estate Unit or a Moveable Asset.

2. Provide a copy of a valid commercial registration or relevant license in case of charities.
3. Provide a copy of the Articles of Association or the founding contract, as applicable.
4. Provide evidence of the administrator's authority to register on behalf of the company, accept the Terms and Conditions, and perform transactions relating to Assets on behalf of the company.

1. The User and/or Sales Agent declares that they are aware of and knowledgeable about the regulations related to asset ownership, including those concerning foreign ownership and ownership in Makkah and Madinah, and that they comply with those regulations and all other necessary regulations to use the Website in accordance with the Terms and Conditions.

   With respect to Moveable Assets, the User and/or Sales Agent declares that they are aware of and shall comply with all applicable laws and procedures relating to ownership transfer, registration, licensing, insurance, customs, traffic regulations, technical requirements, and any restrictions applicable to the relevant Moveable Asset.

2. The User declares and undertakes that all information provided by them is accurate, precise, and not misleading.
3. The User declares and undertakes not to grant others access to his account.
4. The User undertakes not to bid on behalf of any other natural person or legal entity unless authorized to do so provided that such authorization is submitted and accepted by the Company.
5. The User undertakes not to use any automated processes to process, monitor, copy, or extract any pages existing on the Website or any information or data contained therein, or accessed through the Website, or materials or data accessed or sourced from third parties.
6. The User undertakes not to perform any actions to interfere with or attempt to interfere with the proper functioning of the Website or to perform any act that would impose an unreasonable or disproportionately large load on the available infrastructure.
7. The User undertakes not to engage in reverse engineering, reverse compilation, disassembly, or other activities to discover the program formulas or processes related to the computer program used in the infrastructure and operations of the Website.
8. The User also undertakes not to copy, reproduce, modify, derive works from, publicly display any portion of the content of the Website without prior written consent from the Company.
9. The User declares, acknowledges, and agrees that the Company is not and will not be responsible for determining the starting price, Bid Deposits, and awarding bids.
10. The User acknowledges and agrees that the Company and Infath, where applicable, have the right to modify or cancel any Auction before the Auction starts, including but not limited to, the right to: modify some descriptions of the Assets, modify the Bid Deposit, modify the bidding starting amount, modify the Bidding Period, and/or any additional terms or conditions. These modifications or cancellations can be for any reason that the Company or Infath, where applicable, deems necessary to ensure the fairness of Auction procedures by addressing unforeseen circumstances, to correct the data contained therein, and/or to ensure the smooth operation of the Platform and its safety.
11. The User acknowledges and agrees that the Company has the right to make any modifications related to the Auction after it starts, based on Infath's instructions or the instructions of the Sales Agent, competent authority, or any regulatory requirement, as applicable.
12. The User acknowledges and agrees that the Company has the right to cancel the Auction after it starts. This is done by people who are authorized to modify and cancel only subjects to the authority granted to them.
13. The Company will make every effort to maintain transparency in the Auction, and accordingly, Users will receive notifications in the event of any major changes to the ongoing Auctions. If there are any questions or problems resulting from a change in ongoing Auctions, Users should contact customer service to express their concerns or obtain assistance.
14. The User acknowledges his understanding and acceptance that the bids submitted by him at the Auction will be subject to additional terms and conditions specific to that Auction, and therefore, he undertakes to think carefully before submitting any bid in any Auction.
15. In cases where there is a significant change in the Auction after Users have begun bidding, Users who have placed their bid may contact customer service and discuss their options regarding withdrawing their bid.
16. In the event of cancelling the Auction before or after it starts, the Company undertakes to send a notification via SMS to all participating Users on the same numbers registered on the Platform to notify them of cancellation to ensure the Company's commitment to maintaining transparency.
17. In the event of cancelling the Auction before or after it starts, the Company shall immediately refund the Bid Deposit to the e-wallet of the User who made the Bid Deposit to participate in the cancelled Auction.

18. The Sales Agent declares and warrants that it has the legal authority to list, market, auction, sell, and transfer the Asset, and that the Asset is not subject to any restriction, pledge, lien, seizure, ownership dispute, finance encumbrance, traffic restriction, customs restriction, regulatory restriction, or third-party right preventing its sale or transfer, unless clearly disclosed in the Auction listing.
19. The Sales Agent shall be solely responsible for the accuracy of all Asset information uploaded or provided to the Website, including descriptions, specifications, photographs, ownership documents, technical information, defects, usage history, odometer readings, chassis or serial numbers, registration status, and any other information relating to Moveable Assets.
20. The Sales Agent (and/or its principal) declares and warrants that it is responsible for charging, collecting, and remitting to ZATCA any VAT or other tax due on the sale of the Asset, and shall indemnify the Company in full against any VAT, tax, penalty, interest, or related cost for which the Company is assessed, including where the Company is treated as a deemed supplier in respect of the sale.
21. With respect to vehicles and other Moveable Assets, the Sales Agent declares and warrants that all odometer or mileage readings, chassis and serial numbers, model year, accident and registration details stated in the Auction listing are accurate and have not been altered or tampered with, and the Sales Agent shall be solely liable to the User and the Company for any inaccuracy.
22. The User and the Sales Agent acknowledge and agree that the Company may require identity verification, beneficial-ownership, and source-of-funds information (KYC) before permitting participation or completing a sale, in particular for higher-value Moveable Assets, and that the Company may suspend, refuse, or void participation or an award where such information is not provided.

The Company shall not be held responsible for any breach or violation of the User's or Sales Agent's commitments and declarations in this document. The Company reserves the right to cancel the User's and/or Sales Agent's registration and seize all fees, deposits, or bids made by the User to the extent permitted under applicable laws and these Terms and Conditions provided that any amount retained shall represent a genuine pre-estimate of the Company's loss and not a penalty. The User and/or Sales Agent acknowledges and undertakes to defend and indemnify the Company for any costs and any losses.

Article 5: Platform Terms of Use

1. The Company displays Assets available for Auction and their relevant duration on the Website, and the opportunity for inspection is arranged directly with the Sales Agent.
2. The Company notifies Users -who agree to receive notifications through their accounts- about new Assets available for Auction.
3. If a User wishes to participate in the bidding for an Asset, they must deposit the Bid Deposit, as indicated in the Asset's advertisement on the Website.
4. The User can register and bid on multiple Assets simultaneously provided that they pay the Bid Deposit for each Asset they would like to bid on.
5. The User who paid the Bid Deposit has the right to enter the bidding process during the Bidding Period as long as the Sales Agent has not withdrawn the Asset before the end of the Bidding Period due to a court order, regulatory instruction, force majeure event, ownership issue, transfer restriction, material error in the listing, or any other reason accepted by the Company. In case the Asset is withdrawn for that reason, the Bid Deposit is refunded to the User.
6. The Bid Deposit will be held during the Bidding Period for all participants and will be released once the Bidding Period is over unless stated otherwise in these Terms and Conditions.
7. The User can withdraw his bid during the Bidding Period and the Bid Deposit will be released then as long as the User is not the highest bidder.
8. If the User's bid is the highest at the end of the Bidding Period, and the bid is accepted by Infath, the Sales Agent, the Company, or the competent authority, as applicable, the User will be notified accordingly. The User must then directly coordinate with the Sales Agent to finalize the sale and document it.

   For Real Estate Units, completion shall be subject to the applicable ownership transfer procedures before the competent real estate authorities and notary or electronic transfer channels, as applicable.

   For Moveable Assets, completion shall be subject to the applicable transfer procedures before the relevant competent authority, including without limitation the Traffic Department, vehicle registration authority, customs authority, licensing authority, or any other relevant registry, as applicable.

9. If the User who was awarded the bid withdraws from, or fails to complete the sale, the Company may retain the Bid Deposit paid by the User as compensation, to the extent permitted under applicable law and may cancel the User's account and participation in future Auctions.
10. The User acknowledges and agrees that the Company does not guarantee the completion of Asset sales and assumes no responsibility regarding the Sales Agent's breach or withdrawal.
11. The Bid Deposit will be transferred to the relevant authority after the bid is awarded or otherwise dealt with in accordance with the rules applicable to the relevant Auction.
12. The winning User who was awarded the bid and the Sales Agent are jointly responsible for any government fees, transfer, registration, licensing, or similar fees (other than VAT, which is dealt with in paragraph (P) below) resulting from the completion of the sale, and the Company does not bear any of these fees. If the Company is charged for these amounts for any reason, it has the right to recover them jointly from both parties.

    Such fees, taxes, or charges may include, without limitation, real estate transaction tax, title transfer fees, vehicle transfer fees, registration fees, licensing fees, insurance costs, customs duties, traffic fines, storage fees, transportation fees, delivery fees, inspection fees, or any other governmental, regulatory, or administrative charges applicable to the relevant Asset.

13. Unless expressly stated otherwise in the Auction listing, the winning User shall be responsible for collecting, transporting, removing, registering, licensing, insuring, taking possession of the Moveable Asset at the User's own cost and risk.
14. Risk in a Moveable Asset shall pass to the winning User on the earlier of (i) collection or the taking of possession of the Moveable Asset, and (ii) transfer of legal ownership to the User. From the moment risk passes, the User shall be responsible for insuring the Moveable Asset. Where ownership transfers before collection, the Sales Agent shall keep the Moveable Asset safe and in its current condition, at the User's risk, until collection within the Completion Period.
15. The Company shall not be liable for any delay, refusal, rejection, or inability to transfer ownership of any Asset due to reasons outside the Company's control, including incomplete documents, regulatory restrictions, traffic violations, customs restrictions, liens, encumbrances, financing arrangements, or failure by the Sales Agent or User to complete the required procedures.
16. Completion and payment of the balance. Unless the Auction listing expressly states that the Company collects the balance of the purchase price, the winning User shall pay the balance directly to the Sales Agent and complete the purchase within the Completion Period. Where the Auction listing states that the Company collects the balance, the Company does so solely as collection agent for the Sales Agent and not as principal or seller and shall remit the balance to the Sales Agent after deducting any amounts due to the Company. VAT, where applicable, is addressed in the paragraph below.

    VAT and any applicable taxes shall be dealt with in accordance with applicable law and the specific terms of the relevant Auction. Unless expressly stated otherwise, the Sales Agent and/or its principal shall be responsible for determining, charging, collecting, reporting, and remitting any VAT or other tax due in respect of the sale of the Asset. The Company shall not be responsible for VAT on the sale price of any Asset except to the extent required by applicable law.

17. Failure to pay the balance. If the winning User fails to pay the balance or complete the purchase within the Completion Period, the Company and/or the Sales Agent may cancel the sale, retain the Bid Deposit in accordance with paragraph (I) above, re-list the Asset, and recover from the User any shortfall in price and reasonable costs of re-sale, to the extent permitted under applicable law.
18. No escrow unless stated. Except for the Bid Deposit and any amount, the Auction listing expressly states the Company will hold, the Company does not hold, escrow, or guarantee any purchase monies and is not responsible for the Parties' performance of the sale.

Article 6: Fee Payment

Any amounts due from the User must be paid directly through the Website using a credit card or debit card or any other payment method approved by the Company from time to time.

The User acknowledges that payment obligations, deposits, platform fees, transfer fees, and any other amounts payable in relation to an Auction may vary depending on the type of Asset and the specific terms applicable to the relevant Auction.

All fees and charges payable to the Company under these Terms and Conditions are exclusive of VAT, which shall be added at the applicable rate and reflected in a valid tax invoice.

Article 7: Asset Inspection

The User acknowledges that they have been given the opportunity to inspect the Asset, and their payment of the Bid Deposit constitutes an acknowledgment of this fact, and they are not entitled to withdraw from it. The User cannot hold the Company liable for any damage resulting from any defects in the Asset, and the Company does not provide any warranties, commitments, or obligations in this regard.

Without prejudice to the above, all Assets, including Moveable Assets, are offered and sold on an "as-is, where-is" basis. The User is solely responsible for conducting all necessary inspections before bidding, including physical, mechanical, technical, operational, legal, regulatory, and ownership inspections.

With respect to vehicles and other Moveable Assets, the Company does not verify, warrant, or guarantee mileage, odometer readings, chassis numbers, accident history, maintenance history, operational condition, roadworthiness, specifications, model year, spare parts availability, fitness for a particular purpose, registration status, transferability, insurance eligibility, customs status, or compliance with applicable laws.

The User's submission of a bid shall constitute a representation that the User has had the opportunity to inspect the Asset (whether or not the User exercised it) and accepts the Asset in its current condition with all apparent and hidden defects, subject to any rights that cannot be excluded under applicable law.

Article 8: Legal Liability and Compensation

The Company shall not be held liable for any damages arising from or in connection with the unauthorized use of the User and/or Sales Agent's account or any damage resulting from unauthorized access to the Website by a third party. If the User and/or Sales Agent suspects that their account is being used by an unauthorized party or suspects of any security breach, they must immediately notify the Company.

The User and/or Sales Agent agrees to indemnify the Company, its affiliates, employees, directors, and all related parties immediately and upon request, from any claims, liabilities, losses, costs, including legal costs, resulting from any breach or violation of these Terms and Conditions by the User and/or Sales Agent or any other damages arising from the User and/or Sales Agent's use of the Website.

The User and/or Sales Agent further agrees to indemnify and hold harmless the Company from any claim, liability, loss, penalty, fine, fee, cost, damage, or expense arising from:

1. any defect, damage, malfunction, missing part, hidden defect, or inaccurate description of an Asset;
2. any failure or refusal to transfer ownership of an Asset;
3. any outstanding traffic violation, customs duty, registration issue, lien, pledge, seizure, encumbrance, finance obligation, or third-party claim relating to a Moveable Asset;
4. any breach by the Sales Agent of its ownership, authority, or disclosure obligations;
5. any breach by the User of applicable ownership, licensing, registration, insurance, traffic, customs, or regulatory requirements; and
6. any dispute between the User and the Sales Agent relating to the Asset, its condition, delivery, possession, transfer, or ownership.

Nothing in these Terms and Conditions shall exclude or limit any liability, or any right or remedy of a User who is a consumer, that cannot be excluded or limited under the applicable laws of the Kingdom of Saudi Arabia.

Article 9: Intellectual Property

1. Copyright and all other intellectual property rights in all materials and content provided as part of the Website are always owned by the Company or its licensors. The User and/or Sales Agent may use these materials and content only as permitted in writing by the Company or its licensors. The User and/or Sales Agent agrees not to assist or facilitate any third party in copying, reproducing, broadcasting, distributing, adapting, using commercially, or creating derivative works from such materials or content. If the User and/or Sales Agent becomes aware of any commercial distribution or exploitation of any kind, they agree to inform the Company immediately.
2. By submitting any data or content on the Website, the User and/or Sales Agent grants the Company a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license for the use, reproduce, modify, adapt, translate, distribute, publish, copy, broadcast, and transmit it in any form or media, known now or to be invented in the future, and in derivative works to display or perform before an audience anywhere in the world through any media, known now or to be invented in the future, and to use the name provided in connection with the content. Personal data is handled in accordance with the Company's Privacy Policy and applicable data protection laws, and the license granted in this Article does not extend to personal data save as permitted under those laws.
3. The User and/or Sales Agent grants the Company irrevocable authorization to take legal action against any natural or legal person who violates the User and/or Sales Agent's rights on this content.
4. The User and/or Sales Agent undertakes and agrees to do everything necessary as required by the Company to enable the Company to benefit from the rights granted to it under these Terms and Conditions.

Article 10: Personal Data Protection and Regulatory Disclosure

1. Compliance with Applicable Data Protection Laws
   The Company shall process Personal Data in accordance with the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 09/02/1443H, as amended from time to time, its Implementing Regulations, and any applicable instructions, decisions, or guidelines issued by the Saudi Data and Artificial Intelligence Authority (SDAIA) or any other competent authority (collectively, the "PDPL").
2. Collection and Processing of Personal Data
   The User and/or Sales Agent acknowledges and agrees that the Company may collect, use, store, process, transfer, verify, and disclose Personal Data to the extent necessary for: creating and administering accounts; conducting and administering Auctions; verifying identity, ownership, authority, beneficial ownership, and source of funds; complying with applicable laws, regulations, court orders, and governmental requests; preventing fraud, money laundering, terrorist financing, misconduct, or unauthorized use of the Platform; completing ownership transfers and related transactions; and operating, maintaining, improving, and securing the Platform.
3. Disclosure to Regulators and Competent Authorities
   The User and/or Sales Agent expressly acknowledges and agrees that the Company may disclose Personal Data and transaction-related information to Infath, courts, notaries, governmental authorities, regulators, law enforcement authorities, ZATCA, SDAIA, competent ministries, licensing authorities, traffic authorities, customs authorities, anti-money laundering authorities, and any other competent public authority where such disclosure is required or permitted by applicable law, regulatory requirements, judicial orders, enforcement actions, public-interest purposes, security purposes, or for the implementation of any applicable law.
4. Third-Party Service Providers
   The Company may disclose Personal Data to its affiliates, professional advisers, auditors, banking partners, payment service providers, technology providers, hosting providers, KYC verification providers, and other service providers where reasonably required for the operation of the Platform and the performance of the services, provided that appropriate contractual and technical safeguards are implemented.
5. Cross-Border Transfers
   Where permitted by applicable law, the Company may transfer Personal Data outside the Kingdom of Saudi Arabia for hosting, processing, storage, support, security, verification, or operational purposes, subject to compliance with the requirements of the PDPL and any applicable transfer restrictions.
6. Consent and Acknowledgement
   By accepting these Terms and Conditions and using the Platform, the User and/or Sales Agent acknowledges and agrees to the processing and disclosure of Personal Data as described herein and in the Company's Privacy Policy, including disclosures to Infath and other competent authorities as required or permitted by applicable law.
7. Survival
   The rights granted under this Article shall survive the termination of the User's and/or Sales Agent's account, these Terms and Conditions, and any completed or cancelled Auction to the extent necessary for legal, regulatory, compliance, record-retention, audit, dispute resolution, or enforcement purposes.

Article 11: Duration of Agreement, Waiver, and Termination

1. The Terms and Conditions shall continue to apply if the User and/or Sales Agent continue to use the Website and even after the termination of such use concerning any matter or dispute arising during the User and/or Sales Agent's period of Website usage.
2. The User and/or Sales Agent is not allowed to waive this contract, but the Company may do so without the need for the User and/or Sales Agent's approval.
3. The Company has the right to terminate this contract and the User and/or Sales Agent's use of the Website immediately if the User and/or Sales Agent breaches the Terms and Conditions or if the Company believes, based on reasonable grounds, that the User and/or Sales Agent may violate the provisions of these Terms and Conditions or if the User and/or Sales Agent engages in behavior that the company deems, at its absolute discretion, to be unacceptable.

Article 12: Legal Inapplicability and Independence of Provisions

In the event that any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable, either wholly or partially, under any law, such judgment or portion thereof shall not affect the legality, validity, or enforceability of the other provisions contained in these Terms and Conditions, and the principle of independence of provisions shall apply.

Article 13: Applicable Law and Dispute Resolution

These Terms and Conditions are subject to the laws of the Kingdom of Saudi Arabia. In the event of a dispute between the User and/or Sales Agent and the Company regarding these Terms and Conditions, their violation, termination, implementation, interpretation, validity, or the use of the Website, Platform, or services, such disputes shall be settled amicably, by contacting the Platform's customer support team. If the dispute is not resolved amicably within 60 days from the date of notification of the dispute by one of the Parties to the other, the Parties agree that the dispute shall be exclusively referred to and settled by the relevant courts of Riyadh, in accordance with the laws applicable in the Kingdom of Saudi Arabia.

These Terms and Conditions may be issued in Arabic and English. In the event of any conflict or inconsistency between the two versions, the Arabic version shall prevail.

Article 14: Special Terms for Moveable Assets

Without prejudice to the other provisions of these Terms and Conditions, the following provisions shall apply specifically to Moveable Assets:

1. Moveable Assets may include, without limitation, vehicles, cars, trucks, machinery, equipment, goods, inventory, and other tangible assets.
2. Moveable Assets are sold on an "as-is, where-is" basis without any express or implied warranty by the Company.
3. The Company does not inspect, test, value, verify, or guarantee the condition, quality, safety, legality, usability, operation, origin, registration status, transferability, or fitness of any Moveable Asset.
4. The Sales Agent shall be solely responsible for disclosing all material information relating to the Moveable Asset, including any known defects, missing documents, liens, pledges, seizures, finance arrangements, traffic violations, customs restrictions, usage restrictions, or ownership disputes.
5. The User shall be solely responsible for verifying the condition, specifications, documents, registration status, transferability, and legal suitability of the Moveable Asset before bidding.
6. The winning User and the Sales Agent shall be responsible for completing all ownership transfer procedures before the competent authorities and for signing any documents required for such transfer.
7. The Company shall not be responsible if the relevant authority refuses, delays, suspends, or imposes conditions on the transfer of ownership of any Moveable Asset.
8. Unless expressly stated otherwise in the Auction listing, all costs relating to collection, delivery, transport, storage, insurance, registration, licensing, inspection, ownership transfer, customs, taxes, fees, fines, penalties, and regulatory charges shall be borne by the winning User.
9. The winning User shall collect or arrange for the collection of the Moveable Asset within the period specified in the Auction listing or as instructed by the Sales Agent. If the winning User fails to collect the Moveable Asset within the specified period, the User may bear storage fees, delay charges, penalties, or any other costs arising from such delay.
10. The Company shall not be liable for any loss, theft, damage, deterioration, accident, misuse, unlawful use, or regulatory violation relating to a Moveable Asset from the time risk passes to the winning User in accordance with Article 5(N).
11. Any dispute relating to physical condition, hidden defects, delivery, collection, possession, registration, documentation, transfer, or ownership of a Moveable Asset shall be resolved directly between the User and the Sales Agent, without liability on the Company.
12. VAT and any applicable taxes on Moveable Assets are dealt with in Article 5(P).
13. Auction mechanics specific to each lot — including any reserve price, bid increments, extension of the Bidding Period where a bid is placed in its final moments (anti-sniping), and the treatment of tied bids and bid retractions — are as set out in the Auction listing, and where they differ from these Terms and Conditions the Auction listing prevails for that Auction.
14. Nothing in this Article excludes any right of a User who is a consumer that cannot be excluded under applicable law.