بوابة مزادات حراج الحصرية

This is a courtesy English translation. In case of any discrepancy, the Arabic text shall prevail (Article 23/6).

General Terms & Conditions for Using the Haraj One Logistics Platform & App – Electronic Auctions

Haraj One Logistics Services Company
Commercial Registration No.: ............................

Article 1: Definitions

1. Company / Platform: Haraj One Logistics Services Company, licensed in Saudi Arabia, which manages and operates the "Haraj One" electronic app and platform.
2. App: The Haraj One Logistics app and its associated website, and any subsequent updates or versions.
3. User / Customer: Any natural or legal person who registers in the app and uses its services.
4. Seller: The vehicle owner or a person legally authorized to offer it for sale via the platform.
5. Bidder / Buyer: The user who participates by submitting a price offer; called the "Buyer" upon winning.
6. Auction: The public electronic sale of a vehicle via the platform under an ascending-bid mechanism.
7. Winning the Auction: The end of the auction period and determination of the highest bidder as the Buyer.
8. Security Deposit / Guarantee: The amount paid in advance as a guarantee of serious participation.
9. Vehicle: Any vehicle offered for sale via the platform.
10. Service Fees: The consideration charged by the Company for its technical and operational services.
11. Storage (Yard) Fees: The daily amount due if the Buyer delays collecting the vehicle by the set date.

Article 2: Nature and Limits of the Platform's Role

1. Haraj One operates as a technical platform enabling sellers to list vehicles and bidders to submit electronic offers, per the E-Commerce Law and the Electronic Transactions Law in force in Saudi Arabia.
2. The Company buys salvage (wreck) vehicles which are sold as-is, and does not warrant the accuracy of information provided by sellers.
3. The Company's role is limited to providing the technical infrastructure to manage auctions and to organize payment and delivery.
4. All listed vehicles are salvage (wreck).

Article 3: Registration and Membership Conditions

1. Be no less than eighteen (18) Hijri years old with full legal capacity per Article 12 of the Civil Transactions Law.
2. Be a resident of Saudi Arabia or hold a valid national ID or residence permit.
3. Provide accurate data: full name, ID/Iqama number, a mobile number registered in their name, and an email.
4. Pay the subscription fees and security deposit per the platform's approved mechanism.
5. Accept these Terms electronically per Article 4 of the Electronic Transactions Law.
6. Keep their data updated upon any change and bear full responsibility for its accuracy and completeness.

Article 4: Electronic Consent and Acknowledgment

1. Registration and clicking "Agree" or "I accept the Terms" constitutes an electronic signature and an express, unconditional acceptance of all these Terms, per the Electronic Transactions Law and the Evidence Law (Article 57).
2. The user acknowledges having read, understood, and freely accepted all these Terms.
3. All actions made through the user's account are deemed issued by them personally, with full responsibility.
4. Digital evidence issued under these Terms retains its legal authority before all judicial bodies under the Evidence Law.

Article 5: Electronic Auction Mechanism

1. The auction shows the vehicle details provided by the seller, which may include photos, basic specs, chassis number, and year.
2. Bidding starts closed; each eligible user may submit an offer exceeding the last by the set minimum increment.
3. Per Article 39 of the Civil Transactions Law, the sale concludes only upon winning; each offer lapses upon a higher one (even if void) or upon closing without a winner.
4. The Company may, at its sole discretion, extend, cancel, or withdraw any vehicle before winning, without stating reasons.
5. Winning is a final, irrevocable acceptance; the Buyer must complete the purchase and pay in full per these Terms.
6. Per Article 69/3 of the Civil Transactions Law: a contract concluded by auction may not be challenged merely for lesion (ghabn).

Article 6: Security Deposit (Guarantee)

1. The user must pay a security deposit of ten thousand (10,000) SAR upon registration as a condition for participating in auctions.
2. The deposit is a seriousness-guarantee fee, not counted toward the vehicle price, and serves as pre-agreed compensation upon breach.
3. The deposit is refunded exclusively if: the user wins no auction; or the platform cancels the auction for reasons attributable solely to it.
4. The deposit is forfeited as agreed compensation if: the user wins but fails to pay in full within the period in Article 7; the buyer withdraws after winning; misleading data, fraud, or bad faith is established; or any of these Terms are breached.

Article 7: Payment and Consideration

1. The Buyer must pay the full vehicle price plus service fees and any other dues within seventy-two (72) hours of winning.
2. Payment is made exclusively through the platform's approved channels (bank transfer, e-payment, or any approved method).
3. Late payment is a material breach entitling the Company to: forfeit the deposit; re-list the vehicle; suspend or cancel the account; and claim additional damages per Article 20.

Article 8: Inspection and Disclaimer of Vehicle Condition

1. The platform allows bidders to inspect vehicles before the auction at the announced times and places, at the user's own expense via themselves or an authorized representative/expert.
2. Entering the auction and submitting any offer is an acknowledgment that the bidder inspected the vehicle or chose not to and accepted it as-is.
3. As the platform buys salvage vehicles, it: gives no express or implied warranty as to the vehicle's technical, mechanical, electrical, or structural condition; does not warrant freedom from visible/hidden defects, faults, or prior damage; does not warrant the provided information (mileage, year, accident history, etc.); and does not warrant anything inside the vehicles regarding chassis, odometer, or mechanical/electrical damage, whether owned by it or others.
4. Any claim regarding the vehicle's condition or defects shall be directed to the Company per applicable regulations.
5. No refund or price-recovery requests are accepted due to not attending the inspection or not discovering a defect before bidding.

Article 9: No Withdrawal or Exchange

1. Once won, the sale is final and binding; the Buyer may not withdraw for any reason, request exchange/refund, or bring any claim against the Company over the vehicle's condition.
2. Given the public nature of the auction and the inadmissibility of a lesion challenge (Article 69/3), the Buyer acknowledges the final price results from free, transparent bidding.
3. Excepted is platform cancellation per Article 15.

Article 10: Title Transfer and Delivery

1. The Buyer must complete title transfer (or de-registration from the original owner) within five (5) business days of full payment, bearing all related fees.
2. The Buyer must collect the vehicle from the designated location within three (3) business days of payment and title transfer.
3. If the Buyer delays collection, a storage fee of fifty (50) SAR per day applies.
4. The Company bears no liability for the vehicle after payment and handover of keys; all risk passes to the Buyer upon delivery.
5. If not collected within fifteen (15) days of the due date, the Company may take appropriate action, including reselling at the Buyer's expense after deducting all fees and costs.
6. If an obstacle prevents title transfer after full payment, the Buyer may not request a return except after forty-five (45) days from payment, and delivery occurs only after the title is transferred to the Buyer or their lawful delegate.

Article 11: User Obligations and Prohibited Use

1. Use the app exclusively for lawful purposes and per these Terms and applicable laws.
2. Not use the app in any way harmful to the platform, its users, or third parties.
3. Not upload content violating public order/morals or infringing others' IP.
4. Not interfere with the app's infrastructure or attempt to hack it or introduce malware.
5. Not manipulate bids or collude to affect auction prices.
6. Not use multiple or fake accounts.
7. Not bid without genuine intent to buy.
8. Keep account credentials confidential.

Article 12: Company's Rights to Suspend, Freeze, and Cancel

1. The Company may, at its sole discretion and without notice or reasons: temporarily suspend, permanently disable, or delete the account and its content; ban future registration; and forfeit the deposit.
2. Such actions may be taken (without limitation) for: breach of any Term; misleading/incorrect data; suspected fraud, bad faith, or bid manipulation; repeated late payment or collection; a judicial order or authority request; or any conduct harming the platform's reputation or interests.
3. Suspension or cancellation grants no right to compensation or refund (except as expressly stated in Article 6).

Article 13: Cancellation upon Suspicion

1. The Company may cancel any auction at any time — before or after winning — upon suspected fraud, manipulation, or a legal violation, without liability.
2. If cancelled after winning for buyer-related reasons, deposit-forfeiture and penalty provisions apply.
3. If cancelled for seller/vehicle-related reasons (e.g., a hold on the vehicle, invalid ownership, an undisclosed material defect), the deposit is returned to the Buyer with no additional compensation.

Article 14: Limitation of the Company's Liability

1. The Company bears no direct or indirect liability for: vehicle condition/quality/conformity; visible or hidden defects; any material or moral damages from using the platform or participating; losses from app outage or service interruption; seller–buyer disputes; or title-transfer delays caused by government bodies or matters beyond its control.
2. In all cases, the Company's total liability (if established) shall not exceed the service fees actually paid for the disputed transaction.
3. The user acknowledges that platform use is at their own full responsibility.

Article 15: Force Majeure

1. The Company bears no liability for delay or failure to perform due to force majeure — any unforeseeable, unavoidable exceptional event — per Article 125 of the Civil Transactions Law.
2. This includes (without limitation): natural disasters, epidemics, wars, security disturbances, government decisions, unexpected total technical failures, and telecom/internet outages beyond the Company's control.
3. If force majeure exceeds thirty (30) days, either party may terminate its obligations without liability, per Article 110 of the Civil Transactions Law.

Article 16: Intellectual Property

1. All IP rights related to the app and platform — trademarks, logos, designs, texts, software, databases, and all content — are the exclusive property of Haraj One Logistics Services Company, protected under applicable IP laws.
2. Use of the app grants no ownership or license over any of these IP elements.
3. Copying, transferring, modifying, reproducing, or distributing any part of the content without prior written permission is prohibited.
4. Any content a user uploads grants the Company a non-exclusive, irrevocable, royalty-free license to use it for operating the platform.

Article 17: Data Confidentiality and Protection

1. The Company protects users' personal data and does not disclose it except in legally stipulated cases, per the Personal Data Protection Law and the E-Commerce Law.
2. The Company may collect data necessary to operate and improve the platform, including usage, browsing, and transaction data.
3. The user consents to receiving notifications about auctions and services via SMS, email, or app notifications.
4. The user acknowledges the Company may disclose their data based on a judicial order or authority request.
5. The Company retains records for as long as it deems necessary for legal and operational purposes.

Article 18: Penalties and Penalty Clause

1. Without prejudice to judicial recourse, a breaching user is subject to: forfeiture of the deposit as agreed compensation (penalty clause) per Article 178 of the Civil Transactions Law; permanent exclusion upon repeated breach; and the Company's right to claim actual losses exceeding the deposit, including the difference between the winning and resale price, storage fees, and administrative costs.
2. The user acknowledges the deposit in Article 6 is a fair, reasonable estimate of expected damages and waives the right to seek its reduction.
3. Paying compensation does not exempt the user from performing original obligations where still possible.

Article 19: Indemnification

The user undertakes to indemnify, release, and defend the Company against any claims, suits, losses, damages, or costs (including legal fees) arising from: their use of the app or participation; their breach of any Term; any dispute with other users or third parties; or any legal violation via the platform.

Article 20: Amendment of the Terms

1. The Company may amend or update these Terms at any time at its discretion.
2. The amendment is published in the app and effective from its publication date; the Company notifies users of material changes via app notice, email, or SMS.
3. Continued use after publication constitutes implied acceptance of the amended Terms.
4. If the user does not accept the amendments, they must stop using the app and close their account.

Article 21: Governing Law

These Terms are governed by and construed under the laws of Saudi Arabia, particularly: the Civil Transactions Law (Royal Decree No. M/191 of 1444H), the E-Commerce Law, the Electronic Transactions Law, the Evidence Law, the Consumer Protection Law, and any related laws.

Article 22: Jurisdiction and Dispute Resolution

1. For any dispute relating to these Terms, their interpretation or performance, the parties shall seek amicable resolution within thirty (30) days of written notice.
2. Failing settlement, the Commercial Courts in Saudi Arabia — in Riyadh or any city with a Company branch — have jurisdiction, and the dispute is governed exclusively by Saudi laws.
3. The user waives the right to file any suit outside the specified jurisdiction.
4. Digital evidence from the platform's systems (transaction, bidding, and correspondence records) is admissible before the courts under the Evidence Law.

Article 23: General Provisions

1. If any provision is held void or unenforceable, the remaining provisions stay fully valid, and the void one is replaced with a valid one achieving the intended purpose as closely as possible.
2. If a service suspension on the bidder prevents vehicle transfer, the deposit paid on-site before winning is not refunded.
3. Upon receiving the vehicle, the recipient must be the same bidder name on the platform — a company, individual, establishment representative, or holder of a lawful power of attorney.
4. The Company's non-exercise of any right herein is not a waiver of that right.
5. If these Terms conflict with any special agreement or platform announcement, these Terms prevail unless expressly stated otherwise.
6. These Terms are drafted in Arabic; if translated, the Arabic text prevails.
7. These Terms represent the entire agreement between the Company and the user and supersede any prior agreements.
8. Notices are valid if sent to the user's registered data via email, SMS, or app notifications.

Article 24: Final User Acknowledgment

By clicking "Agree", registering, or using any service, the user acknowledges and agrees that: they have read and fully understood all these Terms; they accept them freely without coercion; they understand the platform is a technical intermediary, not a seller or owner of the vehicles; they bear full responsibility for purchase and bidding decisions; and this electronic acceptance has the authority of a written signature before judicial bodies under applicable laws.

Haraj One Logistics Services Company
Issue date: ../../....H — corresponding to ../../....G
Version No.: ................