terms and conditions
--Electronic Contract between (the Platform) and (the Client)
With the help of Allah, this contract is executed electronically in [Kingdom of Saudi Arabia] on [Date], between:
First Party:
[Touring Application – an electronic mediation platform], represented by Abdulmajeed Abdullah Al‑Shehri in his capacity as Manager, with an address in: [Kingdom of Saudi Arabia] – [City].
Referred to as “the Electronic Application”.
Second Party:
The Client
Address: [ ]
City: [ ]
Phone: [ ]
P.O. Box: [ ]
Postal Code: [ ]
Email: [ ]
Referred to as “the Client”.
Both parties are collectively referred to as “the Parties”.
1. Preamble:
1.1 The First Party (Touring Electronic Platform) enables the use of the application which acts as a mediator and provides simplified e‑commerce services between the Service Provider (for presenting products and services) and the Client (the online consumer).
1.2 The Second Party acknowledges awareness that this contract is subject to the E‑Commerce Law, its Executive Regulations, and related regulations and decisions.
1.3 The Second Party acknowledges reviewing all documents stated in this contract and the application's terms and conditions, which form an integral part of this contract.
1.4 The Second Party acknowledges understanding and accepting all risks related to e‑commerce and the regulatory requirements associated with it.
1.5 The Second Party acknowledges acceptance that the Service Provider is fully responsible for executing, completing, and guaranteeing the services according to the terms and documents attached to this contract.
1.6 The Second Party acknowledges accepting the purchase of products or services displayed by the Service Provider through the Touring application based on the prior review and acceptance of the stated terms and conditions.
1.7 The Parties acknowledge their mutual agreement that the offer made by the First Party was met with acceptance by the Second Party according to the contract conditions.
1.8 The Parties agree that all items stated in this preamble form part of the terms and conditions of this contract.
2. Definitions:
E‑Commerce Law, Executive Regulations, Ministry of Commerce, E‑Commerce activities, Application, Data, Person, Merchant, Service Provider, Client, Contract, Electronic Store, Certification Entities, Electronic Notice, Electronic Advertisement, Electronic Means, Electronic Transactions, Electronic Record, Electronic Signature, Signatory, Service, Defect, Corrective Measures.
3. Purpose of the Contract:
The Service Provider, through the Touring application owned by the First Party, offers simplified e‑commerce services including online advertising, product/service promotion, order acceptance, payments, or any other service enabling e‑commerce, allowing Clients to purchase through the app.
4. Contract Duration:
From the purchase date until the contractual relationship ends.
5. Financial Terms:
5.1 The Client purchases services via the Touring platform and pays directly through the app. The amount includes:
– Value of products/services
– 15% VAT
– SAR 3 administrative fee for using the application
5.2 The Client must visit the Service Provider’s location at the scheduled time. Failure may result in suspension of the Service Provider’s account.
5.3 In case of disputes between the Service Provider and the Client, the Service Provider is solely responsible for service execution and participant safety. The platform may intervene to protect user experience.
6. Communication & Notices:
6.1 Communication with Touring occurs through the app or email.
6.2 Communication with the Client occurs via registered email or phone number.
7. Touring Electronic Platform Obligations:
7.1 The First Party must state conditions of use, user rights, obligations, data protection, complaint handling, and dispute resolution policies.
7.2 The First Party must publish major service changes and notify registered users.
7.3 The First Party must disclose all required platform data per the E‑Commerce Law.
7.4 The First Party may request and store Client data with proper protection and allow deletion upon request.
7.5 The First Party may remove content violating regulations.
7.6 Both Parties must ensure cybersecurity and handle breaches promptly.
7.7 The Parties must notify the Ministry and affected users within 3 days of any data breach.
8. Service Provider Disclosure Obligations:
Including licenses, professional titles, contact information, commercial registration details, privacy policies, complaint handling procedures, and updates.
9. Electronic Advertisement Regulations:
Advertisements must include product/service name, Service Provider name, contact info, and disclosure that it is an advertisement. Misleading or false advertising is prohibited.
10. Warranties:
10.1 The platform does not guarantee error‑free experiences; the Service Provider guarantees product/service compliance with standards.
10.2 The Service Provider must ensure services are defect‑free and meet all stated specifications.
10.3 The Service Provider is responsible for any breach.
10.4 The Service Provider must refund, compensate, or redo the service in case of warranty breach.
12. Errors in Electronic Communications:
Details Client rights to correct errors and conditions for the Service Provider to correct unintentional errors.
13. Contract Termination Cases:
Including delayed execution, no refund after service is provided or no‑show, and conditions under the E‑Commerce Law.
15. Amicable Settlement:
The Client may request settlement; the Service Provider must cooperate; Touring may suspend accounts for non‑compliance.
16. Personal Data & Electronic Communications:
Rules for storage, protection, usage limitations, cybersecurity compliance, breach notifications, and account‑based data retention.
17. Contract Termination by First Party:
Allowed if the Client provides false, misleading, or unreadable information.
18. General Terms:
The Client must not violate public morals.
19. Liability:
The Service Provider is liable for damages caused to Clients or third parties.
20. Client & Service Provider Obligations:
Includes platform liability limitations, Client safety responsibilities, accuracy of content, age restrictions, Service Provider skills, compliance, negligence, prohibited behaviors, discriminatory practices, and improper charges.
21. Confidentiality:
Service Provider must not disclose Client or platform information. Data must be deleted or returned after contract completion.
23. Force Majeure:
Defines force majeure conditions and obligations of both Parties.
25. Governing Law:
Saudi laws apply.
26. Arbitration:
Disputes are settled through the Saudi Center for Commercial Arbitration (SCCA), with Arabic as the arbitration language and three arbitrators.
27. Copies of the Contract:
Two electronic copies are issued, one for each Party.
Signature:
Contract is deemed signed electronically upon clicking the designated acceptance box.