Introduction
The Benna platform is owned by the Benna Smart Information Technology Foundation, Commercial Registration No. 4030478279. It welcomes you and informs you that you will find below the terms and conditions regulating your use of the Benna platform and all legal effects resulting from your use of the Benna platform services. Any person’s use of the Benna platform, whether a consumer, merchant, or otherwise, constitutes his approval and acceptance, with full legal capacity, of all articles, clauses, and provisions of this agreement, and it is a confirmation of your commitment to its regulations and to what is mentioned therein. We would like to point out to you that the Benna platform may be (a website, a mobile application, or an electronic platform), and this agreement is considered valid and effective once you approve it and begin registering on the Benna platform in accordance with Articles Five and Ten of the Saudi Electronic Transactions System.
Article One - Introduction and Definitions
The above introduction is considered an integral part of this agreement, and below you will find the meanings and definitions of the main terms used in this agreement: (1) (Benna Platform) This term refers to the Benna Smart Information Technology Establishment, and this definition includes all forms of the establishment, whether it is an electronic application or a website. (2) (Merchant or Supplier) This term refers to every merchant or supplier who registers on the Benna Platform to create his own page on the platform, whether he is a natural or legal person, and this definition includes all aspects of the page as long as he conducts his trade through the Benna Platform. (3) (Page) This term refers to the page used by the merchant on the Benna electronic platform to display his products. (4) (Consumer) This term refers to every consumer who purchases the product or service from the merchant, through the page of the electronic merchant he established through the Benna Platform. (5) (Agreement) This term refers to the rules, terms and conditions for using the Benna electronic platform, i.e. all the terms and conditions of this agreement, which govern and regulate the relationship between the parties to this agreement. (6) (Service Provider) This term refers to the services that the Benna platform provides to merchants through other parties or a third party. Providing services means merely providing the connection between the merchant and the service provider, as the Benna platform has no relation to the agreement concluded between the merchant and the service provider.
Article Two - Legal Capacity of the Merchant
The merchant or supplier acknowledges that he has legal capacity recognized by Sharia and law, and that his age is not less than eighteen years, as considered in the laws and regulations in force in the Kingdom of Saudi Arabia, and that he has sufficient knowledge to create, establish and manage his electronic page via the Benna platform. The merchant acknowledges that he has sound capacity and that he is not afflicted with any disability of capacity. In the event that the merchant registers as an institution or company, or any other legal form, this institution or company or legal form registered through it must have the legal, regulatory and legitimate capacity necessary to conduct commercial activities via the Benna electronic platform. The merchant agrees that in the event of his violation of this article “Legal Capacity of the Merchant”, he shall bear the consequences of this violation before consumers, users or others, as the Benna platform has no relation to the merchant’s dealings with the consumer or others from a legal, regulatory and legitimate perspective. In this case, the Benna platform has the right to hold the merchant accountable under the provisions of contractual liability and to demand compensation for the damages that may arise as a result of this violation. Such damages include damages to the reputation of the Benna platform before other merchants, consumers, users or others.
Article Three - The nature of the commitment of the Benna platform
The mission of the Benna platform is merely to provide electronic support tools, by establishing the merchant or supplier page and displaying products to users, as the commitment of the Benna platform under this agreement is only to establish the page for the merchant and display products to users on the electronic Benna platform. The Benna platform provides other services to the merchant or supplier such as marketing support services or guidance and advice services, as well as providing him with electronic payment gateways via the Internet (Visa - Mada - MasterCard - Sadad), and all services of the Benna platform are subject to the articles, terms and provisions of this User Agreement. The Benna platform is not obligated to complete the sale of products or services between the consumer and the merchant, as its obligation ends with providing product display services on the electronic platform and this does not harm other services that the Benna platform continues to provide such as guidance and advice services, technical support, marketing and payment methods. All transactions that take place between the merchant and the consumer have nothing to do with the person of the Benna platform, and the Benna platform is not responsible for them, as this transaction is an independent contractual relationship subject to the agreement concluded between the merchant and the consumer. Accordingly, if the consumer fails to pay the price of the service or product provided by the merchant, the Benna platform has nothing to do with these violations. All transactions between the merchant and service providers (third-party services) that the Benna platform provides a link to their services or offers their services for the benefit of the merchant and the consumer have nothing to do with the Benna platform, as this transaction is a contractual relationship independent of the Benna platform and subject to the agreement concluded between the merchant and the service provider. Accordingly, if one of the parties fails, refrains, or does not abide by the implementation of its agreed-upon obligations or does not implement them in the required manner, the Benna platform is not responsible for what results from these actions. The Benna platform is not responsible for any violations that occur or are committed between the merchant and the service provider. The Benna platform is merely a platform that connects the merchant and the consumer, and its relationship ends at this point.
Article Four - Controls for displaying products on the Benna platform
Any person who has the legal capacity recognized by the system and Sharia may display products on the Benna platform in accordance with the rules and provisions of the User Agreement, and in particular “Article One - Legal Capacity of the Merchant”. The displayed products must be in accordance with the Benna platform usage agreement and not in violation of the regulations and laws in the Kingdom of Saudi Arabia, and the merchant is obligated to clarify the nature of the services or products he provides or sells, and the Benna platform disclaims its responsibility for the merchant’s violation of the provisions of the Saudi system in the Kingdom of Saudi Arabia and public morals, and the Benna platform always retains the right to refuse to register any merchant or supplier who does not comply with the laws and regulations in force in the Kingdom of Saudi Arabia or the provisions of this agreement, and accordingly, the merchant or supplier acknowledges under the provisions of the agreement that his products do not violate the public order in the Kingdom of Saudi Arabia or Islamic morals. The products displayed on the Benna platform must not violate the rules and provisions of this User Agreement, and the merchant acknowledges that the displayed products do not violate this agreement and do not violate the regulations and laws in force in the Kingdom of Saudi Arabia. No person has the right to use the Benna platform if his membership in the Benna platform has been cancelled or pursuant to judicial orders or rulings. In the event that any user registers as an institution, company, charitable organisation or legal entity, the institution, company or registered entity shall be bound by all the rules and provisions mentioned in the Benna platform user agreement. All stores and merchants must comply with all applicable laws regulating online commerce, as well as the Cybercrime Law, the Ministry of Commerce and Investment regulations, the Electronic Transactions Law and the Electronic Commerce Law. The merchant acknowledges that before registering on the Benna electronic platform, he has verified the availability of all procedures and requirements required by the official authorities in the Kingdom of Saudi Arabia and has fulfilled all these procedures and requirements to practise his activity on the platform. All stores wishing to register on the Benna platform and practice e-commerce activity must issue: a commercial register or a freelance work document or register on the Maroof platform. In the event that the merchant or supplier applying to join and display his products is an individual merchant (a natural person), he is also obligated to verify the requirements required by the official authorities and provide them according to the nature of the individual merchant’s activity, as the individual merchant acknowledges that he is committed to these requirements and is committed to providing and preparing them, and the individual merchant is also obligated to provide his national identity number and other necessary information and documents requested by the Benna platform. In the event that the merchant applying to display the products represents a commercial establishment, company, charitable organisation or legal entity, the Benna platform must be provided with all information and supporting documents, such as the commercial register and any other documents for the merchant requested by the Benna platform to register and prove the legal personality of the supplier. The merchant must adhere to the registration obligations specified in “Article Five - Accounts and Registration Obligations”, and all the rules and provisions of the User Agreement.
Article Five - Accounts and Registration Obligations
Upon applying to join the Benna Platform, you will be required to disclose specific information and choose a username and a secret password to use when accessing the Benna Platform services. After activating your account, you will become a user of the Benna Platform services, and thus you have agreed to be responsible for maintaining the confidentiality of your account information and password, and you agree to notify the Benna Platform immediately of any unauthorised use of your account information with the Benna Platform or any other breach of your confidential information. The Benna Platform will not be liable in any way for any loss that may be incurred by you directly or indirectly, morally or materially, as a result of disclosing your username or password information or in the event of misuse of the merchant’s page. You are committed to using your electronic page yourself, as you are fully responsible for it, and if someone else uses it, this means that you have authorised him to use your electronic account in your name and on your behalf unless the merchant informs the Benna Management otherwise. When using the Benna platform, you undertake to use it with all seriousness and honesty, and to abide by the rules and provisions of the User Agreement and to abide by the regulatory and legal controls in force in the Kingdom of Saudi Arabia. You are obligated to compensate the Benna platform for any direct or indirect losses that may be incurred by the Benna platform as a result of any illegal, unreal or unauthorised use of your account by you or by any other person who obtained the keys to access your account on the platform, whether to complete services using the username and password or as a result of your negligence in maintaining the confidentiality of the username and password, whether with or without authorization from you. You undertake to disclose true, correct, updated, complete and legal information about yourself as required during registration with the Benna platform and you undertake to update your data in the event of a change in reality or if necessary. You shall not include in your username any of your contact details such as email addresses, phone numbers or any personal details, or any phrase indicating a personal or commercial relationship between you and the Benna platform or its members or owners. Do not include anything on your page that indicates any direct or indirect relationship between the merchant and the Benna platform, its management, owners or affiliates, as the Benna platform has nothing to do with what you do on your page and is not responsible for the products displayed. The Benna platform is committed to dealing with your personal information and contact addresses confidentially in accordance with the provisions of the privacy policy and confidentiality of information in effect at the Benna platform. You will be obligated to maintain and update the registration data at all times to keep it true, correct, current, complete and legal, and if you disclose information that is false, incorrect, not current, incomplete, illegal or in violation of what is stated in the User Agreement, the Benna platform has the right to suspend, freeze or cancel your account on the platform, without prejudice to the rights of the other Benna platform and its legitimate means of recovering its rights and protecting the rest of the users. The Benna platform has the right at any time to conduct any investigations it deems necessary, whether directly or through a third party, and to request you to disclose any additional information or documents, regardless of their size, to prove your identity or ownership of your funds or your account. In the event of non-compliance with any of the above, the management of the Benna platform has the right to suspend or cancel your account or block you from accessing the services of the Benna platform again. It also reserves the right to cancel any unconfirmed and unverified accounts.
Article Six - Electronic Communications and Official Means of Communication
The merchant or supplier on the Benna platform agrees to be contacted via email, or by the Benna platform management broadcasting general messages to all users or to specific users when accessing their accounts within the Benna platform. The merchant on the Benna platform also agrees that all agreements, advertisements, data and other communications provided electronically are equivalent to their written counterparts, and are an independent argument in meeting legal requirements. During the period of displaying products on the platform, the Benna platform will send promotional emails to inform you of any new changes, procedures or promotional activities that may be added to the Benna platform.
Article Seven - Amendments to the User Agreement and Fees
You acknowledge and agree that the Benna Platform will notify you of any amendment to this agreement, and accordingly your obligations will be doubled or your rights will be diminished in accordance with any amendments that may be made to this User Agreement. You agree that the Benna Platform has the full authority and without bearing legal responsibility to make any basic or secondary amendments to this agreement, and users will be notified of this amendment by any technical means provided, and this may be by e-mail or by broadcasting a general message to all users. In the event of an objection to any amendment to the User Agreement, this may be an obstacle to accessing the merchant account, as in order to benefit from the services of the Benna Platform, this agreement and any amendments thereto must be approved, and therefore in the event of non-acceptance of the amendment, the Benna Platform hopes that you will stop using its services, as your mere access to your account on the Benna Platform or your use of the Benna Platform constitutes your acceptance of the amendments and full and complete consent that negates ignorance, and the Benna Platform is happy to answer your inquiries regarding this agreement and receive any suggestions that the merchant sees. All fees are calculated in Saudi Riyals, and the merchant must pay all fees due on the platform in addition to any other expenses added by the Benna platform, provided that payment is made through the approved, specified and available means through the Benna platform. Not all Benna platform packages and offers are free for merchants or suppliers, as some of these packages and offers are subject to varying fees. The Benna platform may impose fees on merchants or suppliers, depending on the selected offers. Benna platform reserves the right to add, increase, reduce or deduct any fees or expenses under the rules and provisions of the User Agreement, for any of the users, regardless of the reason for their registration.
Article Eight - Payment and settlement services for merchants on the Benna platform
The Benna platform provides, through its partners, the payment and settlement system on the Benna platform, which can be done entirely online through the payment options available on the Benna platform or through any payment method provided by the Benna platform from time to time. Providing the Benna platform for online payment service through the platform is for the purpose of facilitating and preserving the rights of merchants and suppliers. The merchant or supplier is obligated to determine the price of the service or goods that he displays on the platform according to the recognized market value, and the Benna platform has no relation in any way to the misestimation of the cost of products or services displayed in stores on the Benna platform, as estimating them in the commercially recognized manner is an obligation incumbent upon the merchant, and the Benna platform has no relation if the merchant or supplier does not adjust his prices from an increase in prices and does not update them on the platform and the consumer purchases at the price before the increase, the merchant or supplier is obligated to provide the materials required by the consumer at the displayed price, and the burden of adjusting prices falls on the merchant or supplier and he bears the consequences of that. The merchant is obligated to provide invoices, receipts and receipts for all amounts and profits that arise on his page, and is obligated to indicate in all these invoices the type of goods or service, their quantities, descriptions and value, and accordingly the merchant is obligated to provide the required accounting specifications on the electronic page, in application of the provisions of this agreement, and because this organisation has legal, economic and commercial interests for merchants, and in the event that the merchant violates the provisions of this clause, he shall be held responsible for any damages that may arise as a result of this violation. Benna platform has the right to prevent the completion of any payment procedures that violate the rules and provisions of the User Agreement or cancel any purchase or sale order due to a technical or technical error in the platform that led to a difference in the prices displayed on the platform from the market value of the product, including a loss for Benna platform, and Benna platform shall not bear responsibility for those amounts. Benna platform management has the right to cancel, modify or change any of the payment methods that it has made available on the Benna platform.
Article Nine - Your Personal Information and Transaction Details Information
You have no objection to granting the Benna Platform an unlimited, global, permanent, irrevocable, free of charge, and licensed right to use personal or other information or materials that you have provided or supplied to the platform or announced on the platform by joining it or establishing a product display page, through the forms designated for communication and registration, or via any electronic message or any of the communication channels available on the platform. This is in order to achieve any of the interests that the platform deems appropriate. You are solely responsible for the information you have sent or published, and the role of the Benna Platform is limited to allowing you to display this information through the Benna Platform and through its advertising channels. The confidentiality of suppliers and merchants’ information is subject to the rules of the “Privacy and Information Confidentiality Policy” of the Benna Platform.
Article 10 - The merchant pledges to abide by the laws and regulations in the Kingdom of Saudi Arabia
لمادة السادسة عشر – سياسة الرسوم المفروضة
The merchant pledges to abide by all laws and regulations in force in the Kingdom of Saudi Arabia regarding his products and during his use of the Benna platform, as well as the applicable laws, terms, and conditions regulating the use of the Internet, the User Agreement, the Privacy Policy, and the Confidentiality of Information in force at the Benna platform. In the event that any merchant violates what is stated in Article 10, he acknowledges the right of the Benna platform to take any of the following measures, which include but are not limited to: issuing a warning, stopping the service and closing the page, and returning any amounts pending in electronic payments to consumers.
Article Eleven - Rights
All content on the Benna platform, whether electronic or otherwise, written or unwritten, including but not limited to written and unwritten texts, graphic designs, technical ideas, logos, offers, button icons, symbols, audio clips, collected data, and electronic programs, are the property of the Benna platform, and their rights are reserved to the Benna platform. No one has the right to use them in any way, whether directly or indirectly or through a third party. The management of the Benna platform notes that it will take the necessary measures regarding any infringement or violation of the rights of the Benna platform or its intellectual property. The Benna platform does not bear responsibility in the event of infringement of the intellectual property rights owned by merchants registered on the platform.
Article Twelve - Intellectual Property
The management of the Benna Platform respects the intellectual property rights of merchants that they have created through their pages. The merchant, in turn, respects the intellectual property rights of the Benna Platform, which include the platform itself, as well as the words, logos, and other symbols of the Benna Platform or displayed on it. The Benna Platform, along with all associated rights, is protected by intellectual property and trademark laws and is the exclusive property of the Benna Platform. It is not permissible in any way to infringe upon or use these rights without authorization from the management of the Benna Platform.
Article Thirteen - Consumer
When completing the purchase process, the consumer provides the Benna Platform with information including, but not limited to, name, email, phone number, and address. The Benna Platform’s technical systems retain consumer data to facilitate their access to the platform and complete their desired purchases. In order to protect consumer rights—despite the consumer not being a direct party to this agreement—and to achieve one of the platform’s key objectives of providing high-quality service, the Benna Platform ensures consumers receive their purchases as intended by clarifying the following to merchants: If the consumer purchases goods using one of the payment methods available on the platform but does not receive the goods or receives goods that differ from the specifications stated on the merchant’s page, the consumer has the right to inform the Benna Platform. The platform may then take appropriate action against the merchant who violated the terms of this agreement, in accordance with the agreement’s rules. However, the Benna Platform bears no legal or religious responsibility for this breach by the merchant, as it is not a party to the consumer-merchant relationship; any action taken is for the purpose of improving service quality and merchant standards on the platform. Consumers are entitled to review their purchases before receiving them to ensure they match the description, as the Benna Platform is not responsible for disputes between consumers and merchants. The Benna Platform is not obligated to respond to consumer complaints but may choose to do so based on its discretion and commercial interests. In any case, the platform reserves the right to take measures against merchants who intentionally deceive, mislead, or cheat consumers—such as freezing accounts, issuing warnings, or requiring compensation to the consumer—in order to maintain trust, protect user rights, and safeguard the platform’s reputation.
Article Fourteen - Responsibility of the Benna Platform
The Benna Platform is not responsible in any way for any unsatisfactory or delayed performance by merchants, shipping companies, electronic payment gateways, banks, or consumers’ failure to pay, nor for any losses, malfunctions, or delays caused by unavailable goods, late delivery, or poor-quality service provided by merchants. The platform bears no liability for claims arising from errors or negligence, whether directly or indirectly, incidentally, or through third parties. It is not responsible for any claims or liabilities resulting from financial losses, defamation, slander, or damages arising from misuse, abuse, or inability to use the Benna Platform. Likewise, the Benna Platform, its officials, employees, or owners bear no responsibility for any claims, disputes, costs, damages, or direct or indirect losses suffered by any party due to actions carried out by users of the platform. The Benna Platform, its affiliates, owners, and representatives have no liability for any sound, legitimate, and authorized products, compliant with the laws and regulations of Saudi Arabia, that are later used for illegal or irregular purposes. No person or entity may bring legal claims, lawsuits, or compensation demands against the Benna Platform for such misuse, as all products or services offered on the platform are provided by merchants through their stores. Similarly, the Benna Platform, its affiliates, owners, and representatives are not liable for any illegal or irregular activity carried out by merchants, or any activity in violation of Saudi regulations, as the platform’s responsibility is limited solely to providing and offering electronic support tools, including product display services and related electronic support. The management of the Benna Platform also informs all merchants that if any suspicious activities are detected—whether being planned, committed, or already carried out on the platform—it will report such activities to the relevant authorities. The platform bears no responsibility for violations that occur without its knowledge or involvement.
Article Fifteen - Confidentiality of Information
Benna Platform informs you that the Internet is not a completely secure medium, and therefore the confidentiality of personal information cannot be guaranteed 100%. Nevertheless, Benna Platform adopts high-quality tangible, organizational, and technical standards to protect users and consumers, prevent unauthorized access to their personal information or stores, and safeguard their data. However, Benna Platform has no control over the actions of any third parties, including other websites linked through the platform or third parties claiming to represent you or others. You acknowledge and agree that Benna Platform may use the information you provide to it for the purpose of delivering services on the platform and sending you marketing messages. The collection, processing, use, and transfer of your personal information are regulated by the privacy policy of the Benna Platform, and information confidentiality is governed according to the “Privacy and Information Confidentiality Policy” available at https://benna.com.sa/site/privacy/.
Article Sixteen - Fees Policy
A transfer fee of 8.05 riyals, tax inclusive, will be charged to your bank account, in addition to any other fees imposed in order to achieve this. A service fee of 25 riyals, tax inclusive, will be charged if the invoice is less than 2,500 riyals; if it’s more than 2,500 riyals, fees will be charged at 1% of the invoice for the SADAD payment method, in addition to the transfer fees in the previous item. A service fee of 1.50%, tax inclusive, will be charged for MADA, in addition to the transfer fees in the previous item. A service fee of 2.75%, tax inclusive, will be charged for MasterCard and Visa, in addition to the transfer fees in the previous item.
Article Seventeen - Cancellation of the account or merchant page
According to the User Agreement and the laws and regulations in force in the Kingdom of Saudi Arabia, the Benna platform may temporarily or permanently suspend the merchant page, withdraw and cancel the merchant account, or limit the merchant’s ability to access the platform’s services in the event of a violation of the User Agreement rules and provisions; if the Benna platform is unable to verify any user information provided; or if the platform determines that the user’s activities violate the law or may cause trouble or legal issues for other users or the platform itself. The Benna platform may, at its discretion, reinstate suspended users, but users whose accounts have been permanently cancelled may not re-register or recover their accounts unless authorized by Benna management. If a user violates the User Agreement, Benna reserves the right to recover any due amounts or losses caused by the merchant and may take legal action or resort to judicial authorities in Saudi Arabia as deemed appropriate. Benna does not waive its right to act against any violation and is not obligated to act on every violation, leaving such decisions to the discretion of its management and legal team.
Article Eighteen - Request to close the account
The merchant has the right to submit a request to close his account registered in the database of the Benna platform, and when submitting the request, he must provide some documents, including but not limited to: the closure request signed by the legal representative of the account and certified by the official authorities. The Benna platform reserves the right to accept or reject the closure request, and to claim any rights or financial dues owed by the merchant.
Article Nineteen - Payment, Selling and Purchasing Operations
The merchant is committed to displaying his products in a good manner, in a way that preserves the consumer and does not create a dispute between him and the consumer. The merchant is committed to managing the payment, selling and purchasing operations that are carried out through the payment methods stipulated in this agreement. The Benna platform has the right to reject or cancel purchases, whether payment has been made or not, and the Benna platform will notify the user within five days by any of the communication methods available to the Benna platform. The Benna platform notes that it has nothing to do with any dispute that may arise between the consumer and the merchant, and the Benna platform has nothing to do with any negligence that occurs from the consumer towards the merchant, whether by defaulting on payment or otherwise. The merchant agrees and acknowledges that he will not make unreal or manipulative purchases on the Benna platform, and will not use a false name or any false personal information, or use a credit card that does not belong to him without authorization to purchase, as the Benna platform has the right to take appropriate legal action against anyone who carries out fraudulent operations of this type. All merchants and suppliers acknowledge with full knowledge and without ignorance that the management of the Benna platform in transferring funds for their commercial activities within the Benna platform is subject to the authority and powers of the Saudi Arabian Monetary Agency, and as a result, the Benna platform notifies all stores and merchants that it may be delayed in transferring some funds due to the restrictions of the Saudi Arabian Monetary Agency, the Ministry of Commerce and Investment, and the e-commerce regulations imposed on electronic buying and selling operations. The Benna platform reserves the right to impose any fees on merchants or suppliers as a result of their operations within the Benna platform, and the fees may be, for example, but not limited to: government fees, bank fees, administrative fees, or any other fees that the Benna platform is required to pay as a result of the activity of the merchant or supplier.
Article Twenty - Unauthorised Content and Products
As a merchant on the Benna platform, you are obligated not to allow the advertisement or publication on your page or account of any content that violates the privacy policy and confidentiality of information or violates the rules and provisions of this User Agreement.
Article Twenty-One - Saudi Cybercrime Law
Merchants are obligated not to violate any of the provisions of the Saudi Cybercrime Law, and in the event of their violation of the provisions of the Saudi Cybercrime Law, this is subject to their sole responsibility and their management, and there is no responsibility on the Benna platform as a result of the merchant’s violation of the applicable regulations, as the merchant is fully responsible for the products offered and for his dealings with consumers, and the Benna platform always has the right to take what it deems appropriate against any merchant who violates the provisions of the Saudi Cybercrime Law, whether by notifying the official authorities or simply closing the electronic account
Article Twenty-Two - Restricting Access or Membership
The Benna Platform may suspend or cancel the merchant’s account or restrict the merchant’s access to the platform’s services at any time, without notice, for any reason, and without limitation.
Article Twenty-Three - Warranty
The Benna platform does not guarantee the repair of faults, nor does it guarantee that the products offered by merchants are free of any other defects. Rather, the merchant guarantees them in the event that the warranty and its duration are mentioned in the product description. The merchant must adhere to the good quality of the products offered on the electronic platform.
Article Twenty-Four - The Merchant's Responsibility
The Merchant agrees to bear responsibility and protect the Benna Platform, its members, owners or affiliates from any damage that may befall the Benna Platform as a result of the Merchant's violations. He is also committed to removing any damage or preventing any damage that may befall the Benna Platform, its members or any of them as a result of claims, losses, malfunctions, costs, expenses or fees resulting from the Merchant's misuse or the User's misuse, which resulted in a breach of the User Agreement or the applicable laws and regulations in the Kingdom of Saudi Arabia or an infringement on the rights of a merchant or third parties or a complaint from a user or third parties
Article Twenty-Five - Relationship and Notices between the Benna Platform and Merchants
None of the rules and provisions of this User Agreement include any reference to the existence of a partnership between any merchant and the Benna Platform, and the Benna Platform does not allow any merchant in any way to directly or indirectly indicate or dictate the existence of a relationship of any kind, whether direct or indirect, between him as a merchant and the Benna Platform or its management, and that any notices that the merchant wishes to send to the Benna Platform, he must send them via e-mail and the Benna Platform will respond to the email. You, as a merchant, agree that any notices sent to you from the Benna Platform will be delivered to you via the email that you provided to the Benna Platform during the registration process.
Article Twenty-Six - Transfer of Rights and Obligations
You, as a merchant, do not have the right to object to the actions of the Benna Platform management towards the Benna Platform, whether these actions are, for example, not limited to: affecting the entity of the Benna Platform, its obligations, ownership, or responsibilities, or technical actions or administrative actions related to the Benna Platform, and the Benna Platform is not obligated to inform you, and the Benna Platform, if it deems it important to inform you of any of these actions, may inform you according to its sole will, according to the rules and provisions of the User Agreement.
Article Twenty-Seven - Applicable Law and Legislation
This User Agreement is governed and formulated in accordance with the laws, regulations and legislation in force and in effect in the Kingdom of Saudi Arabia, and is fully and completely subject to the legislation in force with the authorities in the Kingdom of Saudi Arabia.
Article Twenty-Eight - Rules that the merchant must follow when dealing with the consumer
The merchant is obligated, when dealing with the consumer, to adhere to honesty, integrity and integrity. The merchant is obligated, when dealing with the consumer, to adhere to good morals.
Article Twenty-Nine - Paper and electronic promotional publications and offers for the Benna platform
The rules and provisions of this User Agreement apply to all paper and electronic promotional publications across various publishing platforms and social media. These publications serve as promotional tools for the Benna platform. The publications are subject to change and are not binding on the Benna platform regarding imposed fees; price changes depend on variables occurring on the Benna platform or the merchant. Any offers placed by the Benna platform are temporary, set for a specific period, and the Benna platform is not obligated to extend or continue the offer. It reserves the right to determine user eligibility for any offer or to cancel the offer at any time.
Article Thirty - Third Party Services
Under the rules and provisions of this User Agreement, the Benna platform may provide some strategic or logistical services through a third party or third parties, such as shipping companies and delivery of products and goods. The Benna platform clarifies that its provision of these services is solely for facilitation and cooperation to assist users. It is not responsible, directly or indirectly, for any actions of any third party, as it merely acts as a link between the user and the service provider. Requesting these services is optional and based on the user’s desire and need. When a merchant uses third-party services available on the Benna platform, the platform disclaims responsibility for that relationship, which is independently governed by the terms agreed upon between the merchant and the third party. Some third-party service providers set their own requirements or costs, over which the Benna platform has no control; therefore, merchants are advised to review the service provider’s terms and costs before confirming a service request. By submitting a request for a third-party service, the user authorizes the Benna platform to provide the service provider with the user’s personal data and other necessary information in accordance with the Benna platform’s privacy policy. Some third-party services are used through agreements between the service provider and the Benna platform, which may result in cost deductions by Benna according to the agreement; however, Benna bears no responsibility for any failure of the service provider to deliver services. Paid third-party service providers set their own conditions and costs, and the billing relationship is directly between the merchant and the provider, so merchants are advised to review these terms and costs before confirming any service request.
Article Thirty-One - Technical Support
Under the rules and provisions of this User Agreement, the Benna platform provides some technical support services to merchants or suppliers, including, for example: 1. A free control panel for merchants, which includes free services. 2. The Benna platform grants stores the right to communicate with the platform’s technical support team to assist merchants in working through the platform and resolving any electronic technical issues that may arise.
Article Thirty-Two - Dispute Resolution
In accordance with the rules and provisions of this User Agreement, in the event of a dispute, the dispute shall be resolved through conciliation, negotiations, or amicable settlement. If the dispute continues, it shall be resolved by the competent authorities in the Kingdom of Saudi Arabia.
Article Thirty-Three - Consumer Complaints Receiving Policy and Settling Disputes between Consumers and Merchants
Benna Platform expects that if there is a complaint against a consumer or a merchant, you follow the following steps: 1. Submit a complaint via the link designated for this purpose on the Benna Platform, provided that the complaint includes the text of the complaint, supporting documents, and the name of the violating merchant. Then the Benna Platform will refer the complaint to the merchant concerned for resolution. 2. If the merchant does not respond to the consumer within seven days, the consumer will be informed of this and provided with the legal identity of the merchant’s electronic page if he wishes to file a complaint against him with the competent authorities. 3. The consumer has the right to take what he deems appropriate after reviewing the content of the merchant’s response to the complaint, and if the consumer is not satisfied with the merchant’s response, he has the right to request the merchant’s data to take what he deems appropriate against the merchant or supplier.
Article Thirty-Four - General Provisions
In the event that any article or clause contained in this User Agreement is cancelled or that any article or clause contained in the User Agreement is no longer valid, such matter does not cancel the validity of the remaining articles, clauses, rules and provisions contained in the User Agreement and they shall remain in effect until further notice from the management of the Benna Platform. This User Agreement— which is amended from time to time as appropriate—constitutes the mechanism of work, understanding, agreement and contract between the merchant and the Benna Platform only, and the merchant is obligated to abide by the provisions of this agreement, and the merchant agrees to take into account the following: This User Agreement is applicable to all users of the Benna Platform and it regulates the relationship and is the contract between the merchant and the Benna Platform only, regardless of any regulatory form or legal, institutional, commercial or charitable entity taken by the merchant. As for the relationship between the merchant and the consumer, it is subject to an independent legal relationship and has its own controls in effect between them. No one—except the management of the Benna platform—has the right to impose any materials, terms or provisions in the Benna platform’s user agreement, and the Benna platform receives merchants’ suggestions regarding this agreement. If the user agreement is translated into any other language, whether on the Benna platform or otherwise, the Arabic text of the user agreement remains the original in all transactions. This user agreement shall not be cancelled or amended except by a decision issued by the management of the Benna platform.