TERMS OF USE AGREEMENT

Introduction

Automated Buildings Company’s online store welcomes you. The Company hereby informs you that the terms and conditions governing your use of this online store, together with all legal consequences arising from your use of the Store’s services through this electronic platform, are set out below.

The use of the Store by any person, whether as a consumer purchasing a product or service or otherwise, constitutes their full acceptance of all the terms and provisions of this Agreement, provided that they possess the legal capacity recognized under Sharia principles and the applicable laws and regulations.

Such use also confirms the Consumer’s commitment to comply with the provisions, rules, and obligations stated in this Agreement.

This Agreement applies to all transactions and dealings between the Consumer and Automated Buildings Company. It shall become valid, effective, and binding immediately upon the Consumer’s acceptance of its terms and commencement of registration or use of the Store, in accordance with Article 10 of the Saudi Electronic Transactions Law.

Article One: Introduction and Definitions

The above introduction forms an integral part of this Agreement. The following terms and expressions shall have the meanings assigned to them below wherever they appear in this Agreement:

  1. “Company” means Automated Buildings Company.
  2. “Store” means the electronic store operated by Automated Buildings Company and includes all forms through which the Store operates, including an electronic application, website, electronic platform, or physical commercial outlet.
  3. “Consumer” means any natural or legal person who engages in electronic commerce for the purpose of obtaining products or services offered by the Store through its electronic platform.
  4. “Agreement” means this Terms of Use Agreement, including all its terms and conditions, which governs and regulates the relationship between Automated Buildings Company and the Consumer.
  5. “Product or Service” means any product, service, solution, installation, maintenance service, technical service, contracting service, or other offering made available by Automated Buildings Company through the Store.

Article Two: Legal Capacity of the Consumer

  1. The Consumer acknowledges that they possess the legal capacity recognized under Sharia principles and the applicable laws and regulations to transact with the Store and that they are at least eighteen years of age.
  2. Where the Consumer acts on behalf of a company, institution, or other legal entity, the Consumer acknowledges that they possess the authority required to bind that entity to this Agreement.
  3. In the event of any violation of this Article, the Consumer shall bear all legal and financial consequences arising from such violation, including any claims made by third parties.

Article Three: Nature of the Company’s Obligations

  1. Automated Buildings Company’s primary obligation toward Consumers is to provide the products or services purchased or requested through the Store in accordance with their stated specifications, availability, and the terms agreed upon at the time of purchase.
  2. Automated Buildings Company may provide additional services, including delivery, installation, configuration, testing, commissioning, maintenance, technical support, warranties, and after-sales services, depending on the nature and type of the product or service requested by the Consumer.
  3. The scope, duration, requirements, and charges of any additional services shall be determined according to the product or service purchased, the relevant quotation, purchase order, invoice, or separate agreement.

Article Four: Rules Governing the Use of the Store

  1. The Consumer shall use Automated Buildings Company’s electronic platform in a lawful manner that is consistent with public morals and the laws and regulations applicable in the Kingdom of Saudi Arabia.
  2. The Consumer shall not use any product or service purchased from the Store for any unlawful purpose or in any manner that violates public morals or the applicable laws and regulations.
  3. The Consumer shall not attempt to damage, disrupt, disable, interfere with, or gain unauthorized access to the Store, its systems, servers, accounts, databases, or electronic services.
  4. The Consumer shall not use the Store to transmit unlawful, misleading, fraudulent, harmful, or unauthorized content.
  5. Automated Buildings Company reserves the right to take any necessary action against any use that violates this Agreement or the applicable laws and regulations.

Article Five: Accounts and Registration Obligations

Upon applying for registration or membership in the Store, the Consumer may be required to provide certain information and select a username and confidential password to access the Store’s services. By registering or using an account, the Consumer agrees to the following:

  1. The Consumer shall be responsible for maintaining the confidentiality of their account information and password and shall immediately notify Automated Buildings Company of any unauthorized use of their account or any breach of their confidential information.
  2. Automated Buildings Company shall not be liable for any direct or indirect material or non-material loss suffered by the Consumer as a result of the Consumer disclosing their username, password, verification code, or other account information.
  3. The Consumer shall personally use their account or membership and shall remain fully responsible for all activities carried out through it.
  4. Any use of the account by another person shall be deemed evidence that the Consumer authorized such person to use the Store in the Consumer’s name and on the Consumer’s behalf, unless the Consumer has previously notified Automated Buildings Company of unauthorized access.
  5. The Consumer shall use the Store seriously, responsibly, lawfully, and in good faith.
  6. The Consumer shall provide true, accurate, current, complete, and lawful information during registration, purchase, or communication with the Store.
  7. The Consumer shall update their information whenever it changes or whenever an update is requested by Automated Buildings Company.
  8. Automated Buildings Company shall handle the Consumer’s personal information and contact details confidentially in accordance with the applicable laws, regulations, and the Store’s Privacy Policy.
  9. If Automated Buildings Company determines that the Consumer has provided false, inaccurate, outdated, incomplete, misleading, or unlawful information, or information that violates this Agreement, the Company shall have the right to suspend, freeze, restrict, or terminate the Consumer’s account or membership.
  10. Such suspension or termination shall be without prejudice to Automated Buildings Company’s other rights or lawful means of recovering its rights, preventing fraud, protecting the Store, and protecting other Consumers.
  11. In the event of non-compliance with any of the above provisions, Automated Buildings Company shall have the right to prevent the Consumer from accessing or using the Store’s services again.

Article Six: Electronic Communications and Official Communication Channels

  1. The parties agree that official communications may take place through the email address, mobile number, account notifications, or other contact details registered by the Consumer on the Store’s platform.
  2. The Consumer agrees that all agreements, invoices, notices, statements, approvals, disclosures, and other communications provided electronically shall have the same legal effect as their written equivalents, subject to the applicable laws and regulations.
  3. Electronic records and communications issued through the Store shall constitute valid evidence of the transactions and communications between Automated Buildings Company and the Consumer.
  4. The Consumer agrees that Automated Buildings Company may contact them regarding orders, payments, deliveries, installations, maintenance services, technical support, this Agreement, or other matters relating to their dealings with the Company.
  5. Automated Buildings Company may notify Consumers of amendments, updates, announcements, or general provisions through messages sent to all users or to specific Consumers.

Article Seven: Amendments to the Terms of Use and Fees

  1. Automated Buildings Company reserves the right to amend this Agreement from time to time whenever necessary to reflect changes in its operations, services, commercial practices, or the applicable laws and regulations.
  2. Any amendments shall become effective upon publication on the Store or on the date specified in the relevant notice.
  3. The Consumer’s continued use of the Store after the publication of any amendment shall constitute acceptance of the amended terms.
  4. If any provision or clause of this Agreement is cancelled, declared invalid, or becomes unenforceable, such cancellation, invalidity, or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
  5. This Agreement, as amended from time to time, constitutes the operating framework, understanding, and agreement between Automated Buildings Company and the Consumer.
  6. Automated Buildings Company may impose delivery, installation, maintenance, technical support, subscription, administrative, or other fees depending on the products or services requested by the Consumer.
  7. Prices and fees may also include taxes, government charges, customs duties, or other amounts imposed by the competent authorities according to the nature of the product or service.
  8. Automated Buildings Company reserves the right to add, increase, decrease, waive, or amend any fees, expenses, or charges, provided that the applicable amount is disclosed to the Consumer before completing the relevant purchase whenever required.

Article Eight: Payment and Settlement Services

  1. Automated Buildings Company provides electronic payment and settlement services through authorized payment service providers and other approved partners.
  2. Payments may be completed online through the payment options available on the Store or through any other payment method offered by Automated Buildings Company from time to time.
  3. The availability of a specific payment method may depend on the value of the order, the type of product or service, the Consumer’s location, or the terms of the relevant payment service provider.
  4. Automated Buildings Company shall determine the prices of the products and services displayed on the Store according to market conditions, procurement costs, availability, installation requirements, technical specifications, and other relevant commercial factors.
  5. All displayed prices shall be subject to the applicable Value Added Tax and any other government fees, unless expressly stated otherwise.
  6. Automated Buildings Company shall provide the Consumer with an invoice or other appropriate financial document for the purchased product or service.
  7. Automated Buildings Company shall maintain the appropriate accounting and financial records for transactions conducted through the Store in accordance with the applicable laws, regulations, and generally accepted accounting practices.
  8. An order shall not be considered confirmed unless the required payment has been successfully completed or the Company has approved another payment arrangement in writing.
  9. Automated Buildings Company shall not be responsible for delays, failures, or interruptions resulting from payment service providers, banks, financing companies, or other third-party payment systems.

Article Nine: Intellectual Property Rights

  1. All intellectual property rights related to Automated Buildings Company and the Store are exclusively owned by Automated Buildings Company or are lawfully licensed to it.
  2. These rights include, without limitation, the Company’s trade name, trademarks, logos, designs, text, images, videos, product descriptions, technical documents, graphics, software, databases, website layout, and other content made available through the Store.
  3. Such rights shall remain protected whether they existed before the establishment of the Store or were created or acquired after its establishment.
  4. The Consumer shall respect all intellectual property rights belonging to Automated Buildings Company and third parties whose products or content are displayed through the Store.
  5. The Consumer may not copy, reproduce, modify, publish, distribute, sell, commercially exploit, or create derivative works from any content available through the Store without the prior written approval of Automated Buildings Company or the relevant rights holder.
  6. No use of the Store shall be interpreted as granting the Consumer any ownership right, licence, or authorization relating to Automated Buildings Company’s intellectual property, except for the limited right to use the Store for lawful personal or commercial purchasing purposes.

Article Ten: Responsibility and Liability of Automated Buildings Company

  1. Automated Buildings Company shall conduct its commercial activities through the Store in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia and the provisions of this Agreement.
  2. Automated Buildings Company, its employees, owners, representatives, and authorized contractors shall use reasonable efforts to ensure that the products and services offered through the Store are lawful, safe, properly described, and permitted under the applicable laws and regulations.
  3. Products and services shall be used only for their intended and lawful purposes and in accordance with the manufacturer’s instructions, technical requirements, safety guidelines, and applicable laws.
  4. Automated Buildings Company shall not be liable for losses or damages arising from the Consumer’s misuse, improper installation by an unauthorized party, unauthorized modification, failure to follow technical instructions, negligence, or unlawful use of a product or service.
  5. Automated Buildings Company shall not be liable for any delay, failure, loss, or damage arising from circumstances beyond its reasonable control, including supply-chain interruptions, manufacturer delays, customs procedures, transportation disruptions, government decisions, natural disasters, regional crises, technical failures, or force majeure events.
  6. Automated Buildings Company shall not be responsible for the acts, omissions, delays, or errors of independent third parties, including shipping companies, payment service providers, banks, financing companies, manufacturers, suppliers, telecommunications companies, or maintenance providers, except to the extent that liability cannot legally be excluded.
  7. The Consumer shall inspect the received products and services and notify Automated Buildings Company of any apparent defect, shortage, damage, or non-conformity within the period specified in the Store’s applicable return, replacement, warranty, or delivery policy.
  8. Nothing in this Agreement shall exclude or restrict any mandatory right or liability that cannot be excluded or restricted under the applicable laws and regulations of the Kingdom of Saudi Arabia.

Article Eleven: Restriction of Access or Membership

  1. Automated Buildings Company may suspend, freeze, terminate, or restrict the Consumer’s membership or access to the Store where the Consumer:
  2. a. Violates this Agreement or any applicable policy;
  3. b. Provides false, misleading, or unlawful information;
  4. c. Uses the Store for fraudulent or unauthorized activities;
  5. d. Attempts to interfere with the Store’s systems or security;
  6. e. Fails to pay any amount due; or
  7. f. Violates the applicable laws and regulations.
  8. Automated Buildings Company may take such action without prior notice where immediate action is reasonably necessary to protect the Company, the Store, other Consumers, or third parties.
  9. The suspension or termination of an account shall not affect any rights, obligations, payments, orders, or liabilities arising before the date of suspension or termination.

Article Twelve: Governing Law and Jurisdiction

  1. This Terms of Use Agreement shall be governed by and interpreted in accordance with the laws, regulations, and legislation applicable in the Kingdom of Saudi Arabia.
  2. All transactions and dealings conducted through the Store shall be subject to the applicable Saudi laws and regulations.
  3. The parties shall seek to resolve any dispute arising from or relating to this Agreement amicably and in good faith.
  4. Where an amicable settlement cannot be reached, the dispute shall be referred to the competent judicial authorities in the Kingdom of Saudi Arabia, unless otherwise required by a mandatory legal provision.

Article Thirteen: General Provisions

  1. If any provision or clause of this Agreement is declared invalid, cancelled, or unenforceable, such invalidity, cancellation, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect.
  2. This Agreement, together with the policies, invoices, quotations, purchase orders, and other terms referred to herein, constitutes the agreement governing the relationship between Automated Buildings Company and the Consumer regarding the use of the Store.
  3. The Arabic language shall be the governing language for interpreting this Agreement. Where this Agreement is translated into another language, the Arabic version shall prevail in the event of any inconsistency or difference in interpretation.
  4. All prices displayed for the Store’s products or services may be amended from time to time according to market conditions, availability, supply costs, or other relevant commercial circumstances.
  5. Any promotional, marketing, or discount offer made available by Automated Buildings Company shall be temporary and subject to the stated terms and availability.
  6. Automated Buildings Company reserves the right to amend, suspend, extend, or discontinue any promotional or marketing offer at any time, subject to the rights of Consumers whose confirmed orders were completed before such amendment or discontinuation.
  7. The parties shall conduct their dealings in a manner that complies with Sharia principles and the applicable laws and regulations relevant to the nature of the transaction between Automated Buildings Company and the Consumer.
  8. Automated Buildings Company’s failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of its right to exercise or enforce that provision at a later time.
  9. The Consumer may not assign or transfer any rights or obligations under this Agreement to another person without the prior written approval of Automated Buildings Company.
  10. Automated Buildings Company may amend or terminate this Terms of Use Agreement in accordance with the applicable laws and regulations and may publish any amendments through the Store’s electronic platform.
  11. Any matters not expressly addressed in this Agreement shall be governed by the policies published on Automated Buildings Company’s Store and the applicable laws and regulations of the Kingdom of Saudi Arabia.