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User Agreement

1. Introduction

  1. The following are the terms and conditions governing your access to and use of this website; SENSIKSA.COM, and its related sub-domains, sites, services and tools (henceforth referred as "Site", “We”, “Us”, or “SENSIKSA.COM”) and the SENSIKSA.COM application (“Application”). By accepting these terms and conditions and by using the Site, you represent that you have fully reviewed and understood these terms and conditions (“User Agreement”) and agree to comply with this User Agreement when using the Site.
  2. This User Agreement is effective upon acceptance. If you do not accept any of these provisions, please stop accessing and using the Site.
  3. Before you may become or continue to be a member of the Site, you must read, agree to and accept this User Agreement and SENSIKSA.COM’s Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy, access and read all further linked information referred to in this User Agreement, which are incorporated by reference into this User Agreement and collectively contain all terms and conditions that apply to you as a user of SENSIKSA.COM.
  4. SENSIKSA.COM reserves the right to change, modify, add or remove any part of the User Agreement at any time. The changes come into effect on the date they are posted on the Site, so kindly check the User Agreement on a regular basis to see all updates. Your continued use of the Site is considered as an agreement to all changes that are made to User Agreement.

2. Electronic Communications

  1. By using the Site, you agree to receive all electronic communications in any form through electronic mail or periodical newsletters or notices or warnings as promoted on the Site. Accordingly, you agree that all electronic communications sent to you by us are legally binding and are considered to have the same effect as written communications.

3. Eligibility for Membership

  1. SENSIKSA.COM wishes to ensure that its members have the capacity to form legally binding contracts. Therefore, we require the following for membership eligibilit:
  2. Age: SENSIKSA.COM aims to protect minors from purchasing unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years.
  3. Authority: If you are registering an account vis-a-vis a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading.
  4. Maximum Registrations: No person or business entity may register as a member of the Site more than once. The Site is not available to persons whose membership has been suspended or withdrawn by SENSIKSA.COM.
  5. Without prejudice to any other rights and remedies available to SENSIKSA.COM pursuant to applicable laws and regulations, SENSIKSA.COM reserves the right to limit or withdraw access to the Site or to issue membership to any person who SENSIKSA.COM believes does not comply with the requirements above.
  6. By accepting the User Agreement and creating a member account, you represent that you fulfill the age, authority, and maximum registration eligibility requirements and indemnify us from any liability incurring as a result of your breach of this representation.

4. Your Account and Registration Obligations

  1. When you register as a member of the Site you will be required to provide certain information and register a username and password for use on this Site.
  2. You must provide true, accurate, current and complete information about yourself as prompted by SENSIKSA.COM's registration form (the "Registration Data"). The Username and password of your choice should not include: any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or the word "SENSIKSA".
  3. SENSIKSA.COM reserves the right to take any measures, in its sole discretion and at any time, to verify and/or confirm your account. The Site may make any inquiries it considers necessary, or request that you provide it with further information or documentation, whether directly or through a third party. The Site may initiate this process at any time, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your commercial registration information, other incorporation documents and/or documentation showing any person's authority to act on your behalf.
  4. You agree to provide any information and/or documentation to SENSIKSA.COM upon such requests. You acknowledge and agree that if you do not, SENSIKSA.COM without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
  5. SENSIKSA.COM further reserves the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site if you provide any information that is untrue, inaccurate, not current or incomplete or if SENSIKSA.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of SENSIKSA.COM under this User Agreement or at law.

5. On becoming a member of the Site, you agree:

  1. You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify SENSIKSA.COM of any unauthorized use of your password or account or any other breach of security. In no event will SENSIKSA.COM be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
  2. You may not use another person's account at any time, without the express permission of the account holder.
  3. You agree to compensate SENSIKSA.COM for any losses it incurs as a result of improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password.
  4. You must treat any other member's information provided to you as confidential and in accordance with this User Agreement.
  5. You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

6. License to Your Information

  1. Upon becoming a member, you grant SENSIKSA.COM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us and/or post on the Site in the registration, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You shall remain at all times solely responsible for the content of the Information.

7.  Promotions

  1. SENSIKSA.COM requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site.
  2. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

8. Fees and Services

      The Site is an online platform allowing for the purchase of items.

  1. SENSIKSA.COM is not a bank and does not offer banking services.
  2. Membership on the Site is free. SENSIKSA.COM does not charge any fee for browsing listed items on the Site.
  3. SENSIKSA.COM may, at any time, choose to permanently or temporarily change the fees for our services for promotional events (for example, free shipping days or upon release of new services). The temporary changes are effective in accordance with their terms upon posting them on the Site.

9.  SENSIKSA.COM’S Payment system

  1. The SENSIKSA.COM payment system allows the payment for items on the Site online, , or Cash On Delivery ("COD"), or any other payment methods which SENSIKSA.COM may make available on the Site from time to time).

10. Prohibited Use of the Site

  1.   While using the Site, you will not:post information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  2. post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
  3. post obscene information or content, including but not limited to pornography or materials harmful to children or any representation which may (in our sole discretion) be considered indecent;
  4. post information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  5. post any information or content which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  6. post any information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  7. post information or content which may (in our sole discretion) threaten national security;
  8. post information or content which may (in our sole discretion) constitute or be considered to promote gambling;
  9. claiming an item was not sold when in SENSIKSA.COM's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
  10. in case of purchase of a product which is marked as "non-exportable" on the Site you agree that the product shall not be exported out of Saudi Arabia or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
  11. manipulate or attempt to manipulate the Site in any way, including the manipulation of prices of any item or services on the Site, whether you conduct the manipulation alone or in conjunction with another party;
  12. circumvent or manipulate our fee structure, the billing process, or fees owed to SENSIKSA.COM;
  13. take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to SENSIKSA.COM);
  14. transfer your Site account (including feedback) and username to another party without our prior consent;
  15. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  16. distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
  17. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  18. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  19. interfere or attempt to interfere with the proper working of the Site;
  20. attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
  21. export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  22. copy, modify, distribute, or infringe upon any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
  23. violate any laws, rules, regulations, guidelines, any party rights or our policies;
  24. use the Site in violation of the Saudi Arabian Information Crimes Law;
  25. abuse any of SENSIKSA.COM's policies or terms and conditions posted on the Site from time to time;
  26. market, propagate propagating or advertise any products, services, companies or jobs.

11. Warranties and Representations

  1. You undertake, represent and warrant that: you are 18 years of age or above;
  2. You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site.

12. Intellectual Property

  1. Copyrights: All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyrighted work of its statutory author, whether SENSIKSA.COM, its users, its content suppliers or its licensors, and is protected by copyright. The compilation of the content on the Site is the exclusive property and copyright of SENSIKSA.COM and is protected by the applicable copyright laws and regulations.
  2. Trademarks: "SENSIKSA.COM" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of SENSIKSA.COM and are protected by the applicable trademark and other intellectual property rights and laws. SENSIKSA.COM's trademarks may not be used by any other party, whether in connection with any product or service that is not SENSIKSA.COM's, or in any manner that disparages or discredits or dilutes the SENSIKSA.COM brands, or misleads the public. All other trademarks not owned by SENSIKSA.COM that appear on the Site are the property of their respective owners and liability shall be incurred by the user who posts such trademarks, who may or may not be affiliated with, connected to, or sponsored by SENSIKSA.COM.
  3. Other Intellectual Property Rights:  Registered patents, designs, or other intellectual property rights shall be the sole property of their registered owners pursuant to the applicable laws and registrations. Any registered or unregistered intellectual property developed in the course of the incorporation, development, operation, management, or authorized use of the Site shall be the sole property of SENSIKSA.COM, unless stated otherwise in this User Agreement.
  4. Intellectual Property Infringement: SENSIKSA.COM does not tolerate intellectual property right infringements of any kind. The Site reserves the right to take any legal or technical action that it deems appropriate in its sole discretion to deal with intellectual property infringement as defined in accordance to the applicable laws and regulations, once that infringement becomes known to the Site. Actions may include removal of content, reporting of the incident to the competent authority, claims for damages, or suspension of the account, and such actions shall not be considered a waiver by SENSIKSA.COM of any other remedies available to it pursuant to applicable laws.

13. Shipping fees for returned items:

  1. Please check our Return and Exchange Policy, which is an integral part to this User Agreement and a supplement thereto.

14. Privacy

  1. Please check our Privacy Policy, which is an integral part to this User Agreement and a supplement thereto.

15. Breach of User Agreement

  1. SENSIKSA.COM may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with SENSIKSA.COM or use the Site in any manner whatsoever until such time that such user is reinstated by SENSIKSA.COM.
  2. If you breach this User Agreement, SENSIKSA.COM reserves the right to recover any amounts due and owing by you to SENSIKSA.COM or any losses and damages caused by you to SENSIKSA.COM and to take such steps including legal action and/or the initiation of criminal proceedings against you as SENSIKSA.COM in its sole discretion deems necessary.
  3. Please report problems or violations of any kind to this User Agreement to SENSIKSA.COM.
  4. SENSIKSA.COM does not guarantee that it will take action against all breaches that there may be of this User Agreement. Our failure to act with respect to a breach by you or others does not constitute a waiver of SENSIKSA.COM's right to take any actions with respect to that, or subsequent or similar breaches.

16. Providing Feedback

  1. If at any point in time, SENSIKSA.COM introduced the option to post feedback on users’ conduct after a transaction has closed, your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it.
  2. SENSIKSA.COM will not be responsible or liable in any way for the feedback that you post on the Site.

17. No Warranty

  1. SENSIKSA.COM provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. SENSIKSA.COM makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. SENSIKSA.COM makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that SENSIKSA.COM has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

18. Limitation of Liabilities

  1. To the extent permitted by law, SENSIKSA.COM, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not SENSIKSA.COM has been advised of the possibility of such losses or damages.).
  2. If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to SENSIKSA.COM and SENSIKSA.COM shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.

19. Indemnity

  1. You agree to indemnify and hold SENSIKSA.COM and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

20. Relationship

  1. None of the provisions of this User Agreement shall be deemed to constitute a partnership, agency, or employment relationship between you and SENSIKSA.COM and you shall have no authority to bind SENSIKSA.COM in any manner whatsoever.

21. Governing Law & Dispute Resolution

  1. This User Agreement is governed by, and construed in accordance with the law of the Kingdom of Saudi Arabia. This clause will survive any expiry or cancellation of this User Agreement for any reason.
  2. If any dispute, claim, controversy or conflict (including in relation to any tortuous or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any Dispute regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any Dispute regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of (15) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such (15) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved at the competent court in Jeddah, Saudi Arabia.

22. General Provisions

  1. SENSIKSA.COM reserves the right to transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your consent.
  2. If any clause of this User Agreement is deemed invalid, void or for any reason unenforceable by a competent court or pursuant to an arbitral award, this shall not affect the validity and enforceability of the remaining clauses of this User Agreement.
  3. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and SENSIKSA.COM with respect to the subject matter hereof.
  4. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement.
  5. If there is any discrepancy between the English and Arabic versions of the User Agreement, the English text shall prevail.