Haraj One Auctions

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General Terms and Conditions for Using the Haraj One Logistics Services Platform and Application – for Electronic Auctions

Haraj One Logistics Company

Commercial Registration No.

Article One: Definitions

The following terms—wherever mentioned in these Terms and Conditions—shall have the meanings assigned to them below, unless the context indicates otherwise:

Company / Platform: Haraj One Logistics Services Company, licensed in the Kingdom of Saudi Arabia, which manages and operates the electronic application and platform “Haraj One Logistics Services.”
Application: The Haraj One Logistics Services application, the associated website, and any subsequent updates or versions.
User / Client: Any natural or legal person who registers on the application and uses its services.
Seller: The owner of the vehicle or a person legally authorized by the owner to offer it for sale through the platform.
Bidder / Buyer: A user who participates in the auction by submitting a price offer and is referred to as the “Buyer” once the auction is awarded to them.
Auction: The electronic public sale process of a vehicle through the platform in accordance with the ascending bidding mechanism.
Auction Award: The end of the auction period and the determination of the highest bidder as the buyer.
Security Deposit / Guarantee Amount: The amount paid by the user in advance as a guarantee of seriousness in participating in the auction.
Vehicle: Any vehicle offered for sale through the platform.
Service Fees: The financial amount charged by the company in return for its technical and operational services.
Storage Fees (Yard Fees): The daily financial amount payable if the buyer delays collecting the vehicle beyond the specified time.

Article Two: Nature of the Platform and Limits of Its Role

The Haraj One platform operates as a technical platform that allows sellers to display their vehicles and bidders to submit their electronic bids, in accordance with the E-Commerce Law and the Electronic Transactions Law applicable in the Kingdom of Saudi Arabia.
The company purchases vehicles as salvage (wrecked vehicles) and sells them in their current condition, and does not guarantee the validity or accuracy of the information provided by sellers regarding the vehicles.
The company’s role is limited to providing the technical infrastructure for managing auction operations and organizing payment and delivery procedures.
All vehicles displayed are salvage vehicles.

Article Three: Registration Requirements and Membership

To register on the platform, the user must meet the following conditions:

Be at least eighteen (18) Hijri years old and have full legal capacity according to Article 12 of the Civil Transactions Law.
Be resident in the Kingdom of Saudi Arabia or hold a valid national ID or residence permit.
Provide accurate and truthful information, including: full name, ID/residence number, registered mobile number, and email address.
Pay the subscription fee and security deposit according to the mechanism approved on the platform.
Electronically agree to these Terms and Conditions in accordance with Article Four of the Electronic Transactions Law.
Commit to updating their information whenever changes occur and bear full responsibility for the accuracy and completeness of the provided data.

Article Four: Electronic Consent and Acknowledgment

User registration on the application and clicking the “Agree” or “Accept Terms and Conditions” button constitutes an electronic signature and explicit, unconditional acceptance of all provisions of these Terms and Conditions, in accordance with the Electronic Transactions Law and Law of Evidence (Article 57).
The user acknowledges that they have read, reviewed, understood, and voluntarily accepted all provisions of these Terms and Conditions.
All actions and transactions conducted via the user’s account are considered personally executed by the user, who bears full responsibility for them.
Digital evidence generated in accordance with these Terms holds legal validity in all judicial bodies under the Law of Evidence.

Article Five: Electronic Auction Mechanism

Auctions are displayed on the platform with vehicle details provided by the seller, which may include photos, basic specifications, chassis number, and year of manufacture.
Bidding starts as a sealed bid, and each qualified user may submit a bid higher than the previous one by the minimum increment set by the platform.
In accordance with Article 39 of the Civil Transactions Law, a sale is concluded only when the auction is awarded, and all previous bids are invalidated upon submission of a higher bid or if the auction closes without an award.
The company, at its absolute discretion, may extend the auction duration, cancel the auction, or withdraw any vehicle before the auction is awarded, without providing reasons.
Awarding the auction constitutes final and irrevocable acceptance, and the buyer must complete the purchase and pay the full amount according to these Terms.
According to Article 3/69 of the Civil Transactions Law, an auction contract cannot be contested solely for undervaluation.

Article Six: Security Deposit (Guarantee)

The user must pay a security deposit of ten thousand (10,000) Saudi Riyals upon registration as a prerequisite for participating in auctions.
The security deposit is a guarantee of seriousness, is not deducted from the vehicle price, and constitutes pre-agreed compensation in case of breach of the user’s obligations.
The security deposit is refundable only in the following cases: The user is not awarded any auction. The platform cancels the auction for reasons solely attributable to it.
The security deposit shall be confiscated as agreed compensation in the following cases: The user wins the auction but fails to pay the full amount within the period specified in Article Seven. The buyer withdraws from the purchase after the auction is awarded. Proven submission of misleading information, fraud, or bad faith. Violation of any provision of these Terms and Conditions.

Article Seven: Payment and Financial Consideration

The buyer must pay the full price of the awarded vehicle, along with any fees or other applicable charges, within seventy-two (72) hours from the auction award date.
Payment must be made exclusively through the financial channels approved by the platform (bank transfer, electronic SADAD payment, or any other approved payment method).
Delay in payment within the specified period constitutes a material breach, entitling the company to: Confiscate the security deposit. Re-list the vehicle for auction. Suspend or cancel the user account. Claim compensation for any additional damages in accordance with Article Twenty.

Article Eight: Vehicle Inspection and Disclaimer of Vehicle Condition

The platform provides bidders the opportunity to inspect vehicles before the auction begins, at the times and locations specified in each auction announcement. The user is responsible for attending the inspection personally or through an authorized representative or technical expert at their own expense.
By entering the auction and submitting a bid, the bidder acknowledges that they have either inspected the vehicle personally or through a representative, or that they chose not to inspect and accept the vehicle as-is in its current condition.
Since the platform purchases vehicles as salvage, it: Provides no warranty, explicit or implied, regarding the vehicle’s technical, mechanical, electrical, or structural condition. Does not guarantee that the vehicle is free from visible or hidden defects, faults, or prior damages. Does not guarantee the accuracy of any information provided about the vehicle (mileage, year of manufacture, accident history, etc.). Does not guarantee any internal components of the vehicle, including structural elements, odometer readings, or mechanical/electrical damages, whether owned by the company or third parties.
Any claims related to the vehicle’s condition or defects must be directed to the company in accordance with applicable laws.
No requests for refunds or reimbursement will be accepted due to failure to attend inspection or failure to discover a defect before bidding.

Article Nine: Finality of Sale

Once the auction is awarded, the sale becomes final and binding, and the buyer has no right to cancel or withdraw from the purchase for any reason, including: Requesting a replacement vehicle or refund. Filing any claim or lawsuit against the company due to the condition of the vehicle.
In accordance with the nature of public auctions and the inadmissibility of contesting undervaluation (Article 3/69 of the Civil Transactions Law), the buyer acknowledges that the final price results from a free and transparent bidding process.
The above does not apply if the auction is canceled by the platform according to Article Fifteen.

Article Ten: Ownership Transfer and Delivery

The buyer must complete all procedures for vehicle ownership transfer or removal from the original owner’s records within five (5) working days from the date of full payment, bearing all associated fees and costs.
The buyer must collect the vehicle from the designated delivery location within three (3) working days from completing payment and ownership transfer.
If the buyer delays collection, a storage fee of fifty (50) Saudi Riyals per day will apply for each day of delay.
The company assumes no responsibility for the vehicle after payment is completed and the keys are handed over to the buyer or their authorized representative. All risks transfer to the buyer upon delivery.
If the vehicle is not collected within fifteen (15) days from the due collection date, the company has the right to take any action it deems appropriate regarding the vehicle, including reselling it at the buyer’s expense, deducting all fees and costs.
If there is an obstacle preventing ownership transfer after full payment, the buyer may request a return only after forty-five (45) days from payment. The vehicle will not be delivered until ownership has been legally transferred to the buyer or their authorized representative according to applicable legal authorizations.

Article Eleven: User Obligations and Prohibited Uses

The user must:

Use the application solely for legitimate purposes in accordance with these Terms and Conditions and the applicable laws in the Kingdom of Saudi Arabia.
Not use the application in any way that harms the platform, its users, or third parties.
Not upload or publish any content that violates public order, morals, or intellectual property rights of others.
Not interfere with the technical structure of the application, attempt to hack it, or introduce viruses or malicious software.
Not manipulate auctions or collude with other users to influence auction prices.
Not use multiple or fake accounts.
Not bid on a vehicle without genuine intent to purchase.
Maintain account confidentiality and not share account information with anyone else.

Article Twelve: Company Rights to Suspend, Freeze, or Terminate Accounts

The company has the absolute right, at its sole discretion and without the need to provide reasons or prior notice, to take any of the following actions: Temporarily suspend the user account. Permanently deactivate the user account. Delete the user account and all associated content. Ban the user from future registration. Confiscate the security deposit.
Situations in which these actions may be taken include, but are not limited to: Violation of any provision of these Terms and Conditions. Providing misleading or inaccurate information. Suspected fraud, bad faith, or auction manipulation. Repeated delays in payment or vehicle collection. Issuance of a court order or request by a competent government authority. Any behavior that harms the platform’s reputation or interests.
Suspension or termination of an account does not entitle the user to compensation or refund of any paid amounts (except as explicitly stated in Article Six).

Article Thirteen: Auction Cancellation in Case of Suspicion

The company has the right to cancel any auction at any time—before or after it is awarded—if there is evidence of fraud, manipulation, or regulatory violations, without any liability on the part of the company.
If the auction is canceled after being awarded due to reasons related to the buyer, the provisions regarding confiscation of the security deposit and penalties stated in these Terms shall apply.
If the auction is canceled due to reasons related to the seller or the vehicle (e.g., vehicle restrictions, invalid ownership, or undisclosed material defects by the seller), the security deposit shall be refunded to the buyer without any additional compensation.

Article Fourteen: Limits of Company Liability

The company shall not be liable—directly or indirectly—for: The condition, quality, or compliance of vehicles with any specifications. Any apparent or hidden defects in the vehicle. Any material or moral damages incurred by the user as a result of using the platform or participating in auctions. Any losses or damages arising from application malfunctions or service interruptions due to technical issues or maintenance. Any disputes between the seller and buyer regarding the vehicle. Any delays in ownership transfer caused by government authorities or reasons beyond the company’s control.
In all cases, the total liability of the company, if proven, shall not exceed the service fees actually paid by the user for the transaction in dispute.
The user acknowledges that using the platform is at their own full responsibility.

Article Fifteen: Force Majeure and Exceptional Circumstances

The company shall not be liable for any delay in performance or failure to perform any of its obligations if caused by force majeure, defined as any exceptional and unforeseen event that cannot be prevented or avoided, in accordance with Article 125 of the Civil Transactions Law.
Examples of force majeure events include, but are not limited to: Natural disasters. Epidemics. Wars or security disturbances. Government decisions. Unexpected major technical failures. Interruption of communication or internet services for reasons beyond the company’s control.
If a force majeure event continues for more than thirty (30) days, either party has the right to terminate its obligations without bearing any liability toward the other party, in accordance with Article 110 of the Civil Transactions Law.

Article Sixteen: Intellectual Property

All intellectual property rights related to the application and platform—including trademarks, logos, designs, texts, software, databases, and content—are exclusive property of Haraj One Logistics and protected under all applicable intellectual property laws.
Use of the application does not grant the user any ownership or license rights over any of the intellectual property elements mentioned above.
Copying, transferring, modifying, reproducing, or distributing any part of the application content is prohibited without prior written consent from the company.
Any content uploaded by the user to the platform (e.g., images, comments, ratings) grants the company a non-exclusive, irrevocable, and royalty-free license to use it for platform operation purposes.

Article Seventeen: Data Confidentiality and Information Protection

The company is committed to protecting users’ personal data and not disclosing it to any external party except as legally required, in accordance with the Personal Data Protection Law and the E-Commerce Law in the Kingdom of Saudi Arabia.
The company may collect data necessary for platform operation and service improvement, including usage, browsing, and transaction data.
The user agrees to receive notifications and messages related to auctions and services via SMS, email, or in-app notifications.
The user acknowledges that the company may disclose their data based on a court order or request from a competent government authority.
The company maintains records of transactions, auctions, and user data for the period deemed necessary for legal and operational purposes.

Article Eighteen: Penalties and Liquidated Damages

Without prejudice to the company’s right to judicial recourse, a user who breaches any of their obligations shall be subject to the following penalties: Confiscation of the security deposit as agreed compensation (liquidated damages) in accordance with Article 178 of the Civil Transactions Law. Permanent exclusion from the platform in case of repeated violations.
The company has the right to claim compensation for any actual losses exceeding the security deposit, including the difference between the auction price and the resale price, storage fees, and any administrative costs.
The user acknowledges that the security deposit specified in Article Six represents a fair and reasonable estimate of expected damages from a breach and waives any right to request its reduction. Payment of compensation does not relieve the user from fulfilling their original obligations, as long as performance is still possible.

Article Nineteen: Indemnification and Liability Waiver

The user undertakes to indemnify, hold harmless, and defend the company against any claims, lawsuits, losses, damages, or costs (including attorney fees) arising from: Their use of the application or participation in auctions. Any breach of these Terms and Conditions. Any disputes with other users or third parties. Any legal violations committed through the platform.

Article Twenty: Amendment of Terms and Conditions

The company has the right to modify or update these Terms and Conditions at any time at its discretion.
Amendments will be published on the application and shall become effective from the date of publication. The company will notify users of material changes via an in-app notice, email, or text message.
Continued use of the application after the publication of amendments constitutes implicit acceptance of the modified terms.
If the user does not agree with the amendments, they must stop using the application and close their account.

Article Twenty-One: Governing Law

These Terms and Conditions are governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia, including but not limited to: The Civil Transactions Law, Royal Decree No. (M/191) of 1444H. The E-Commerce Law. The Electronic Transactions Law. The Law of Evidence. The Consumer Protection Law and any related regulations.

Article Twenty-Two: Jurisdiction and Dispute Resolution

In the event of any dispute arising from or relating to these Terms and Conditions, the parties shall attempt amicable settlement within thirty (30) days from the date of written notice of the dispute.
If amicable settlement fails, the commercial courts in the Kingdom of Saudi Arabia—in Riyadh or any city where the company has a branch—shall have exclusive jurisdiction, and disputes shall be governed exclusively by Saudi law.
The user waives the right to file any claims outside the jurisdiction specified in this Article.
Digital evidence extracted from the platform systems (including transaction records, bids, and electronic communications) shall be admissible in court in accordance with the Law of Evidence.

Article Twenty-Three: General Provisions

If any provision of these Terms and Conditions is deemed void or unenforceable, the remaining provisions shall remain fully valid and enforceable. The void provision shall be replaced with a valid provision that achieves the intended purpose as closely as possible.
If the bidder’s services are suspended, making it impossible to transfer the vehicle, the security deposit paid on the platform will not be refunded before the auction is awarded.
When receiving the vehicle, the name on the platform must match the bidder’s name—whether an individual, a company, an authorized representative, or someone with a legal power of attorney.
Failure by the company to exercise any of its rights under these Terms shall not be considered a waiver of that right.
In case of conflict between these Terms and any special agreement or announcement on the platform, the provisions of these Terms shall prevail, unless explicitly stated otherwise.
These Terms and Conditions are drafted in Arabic, and in the event of any translation into another language, the Arabic text shall prevail.
These Terms and Conditions constitute the entire agreement between the company and the user regarding the use of the platform, superseding any prior agreements or understandings.
Notices are considered valid if sent via registered email, SMS, or in-app notifications to the user’s registered contact information.

Article Twenty-Four: User Final Acknowledgment

By clicking “Agree”, registering on the platform, or using any of its services, the user acknowledges and agrees to the following:

They have read, reviewed, and fully understood all provisions of these Terms and Conditions.
They accept the Terms voluntarily and without coercion.
They understand that the platform is a technical intermediary and is not the seller or owner of the vehicles.
They bear full responsibility for their purchase decisions and participation in auctions.
This electronic acceptance has the same legal effect as a handwritten signature before judicial authorities in accordance with applicable laws.

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Haraj One Auctions	—
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