Terms and Conditions

Terms and conditions These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Kharja” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Ferik Safar LLC (“Ferik Safar LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Ferik Safar LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services. Accounts and membership If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. User content We do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. Backups We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime. Advertisements During your use of the Mobile Application and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Links to other resources Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you click on the link and purchase an item, Ferik Safar LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk. Prohibited uses In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet; or (k) to post or share external ticketing links or paid access URLs, either within the app, in any associated in-app groups or chats, or in any external group chats created around a Kharja event, without prior written approval from us. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses. Intellectual property rights “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Ferik Safar LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Ferik Safar LLC. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Ferik Safar LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Ferik Safar LLC or third party trademarks. Disclaimer of warranty You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Limitation of liability To the fullest extent permitted by applicable law, in no event will Ferik Safar LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Ferik Safar LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Ferik Safar LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Indemnification You agree to indemnify and hold Ferik Safar LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part. Severability All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Dispute resolution The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Saudi Arabia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Saudi Arabia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Saudi Arabia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Assignment You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger. Ticket Sale and Purchasing This Agreement represents a legal obligation between the following parties: Seller The person or entity offering products or services for sale through the application. Buyer The person or entity who purchases products or services through the application The broker (Kharja team) is the owner of the application that provides the platform to facilitate buying and selling operations referred to as “the broker” Definitions: The application is an electronic platform that allows sellers to display their products and buyers to buy it. Products The goods or services that a seller offers for sale. Order The process by which a buyer completes a purchase. Commission the fees or additional costs charged by the broker. 1\ Seller's obligations Provide accurate information about products, including descriptions and prices and return policies. Ensuring the quality of the products and their suitability for use according to the description provided. Commitment to deliver products within the specified time frame. Comply with all applicable laws and regulations . Dealing with any complaints or disputes with the buyer directly . Pay any fees or commissions due to the broker . 2\ Buyer's obligations Provide correct and complete information when purchasing from the Seller through the application. Payment according to the methods available through the application. 3\ Broker's obligations Providing a safe and effective technical platform to facilitate buying and selling processes. Processing payments and transferring them to sellers in accordance with the application policy. Providing technical support to solve problems related to the use of the application The broker is not responsible for product quality or disputes between seller and the buyer. 4\ Fees and Commissions The broker has the right to charge a fee or commission for each sale made through the application. The fees or commissions are automatically deducted from the payments transferred to the seller. The broker reserves the right to amend fees or commissions with prior notice. 5\ Disclaimer The broker does not bear any legal responsibility for the quality of the products or services provided by the seller. The broker is not responsible for any disputes or financial claims arising between the seller and the buyer. All transactions between the seller and the buyer are at their own risk 6\ Return and Exchange Policy The seller is committed to clarifying the return and exchange policy for his products clearly. Any disputes regarding returns or exchanges are resolved between the seller and the buyer directly, without the intervention of the broker as an intermediary. 7\ Dispute Policy In the event of a dispute between the seller and the buyer, the broker shall have no responsibility. 8\ Modifications The broker reserves the right to modify or update this agreement at any time with notice to parties. Use of the application constitutes an implied agreement to be bound by the modified terms. If any provision of this agreement is found to be legally unenforceable, the rest of the terms remain in effect By using the application, the seller and the buyer acknowledge their agreement to all the terms and conditions set forth in this Agreement, and that is considered a legal obligation between the three parties. This agreement represents a legal contract between the Kharja App ("the Company") and the user of the ticketing platform ("the User"). By using the platform, you agree to abide by these terms. 1. Definitions Platform: The electronic system for buying and selling tickets (Kharja App). Seller: The person responsible for offering event tickets for sale through the platform. Buyer: The person who purchases event tickets through the platform. Events: The occasions for which tickets are sold through the platform. 2. Company Obligations Provide a secure and efficient platform. The company is not responsible for the accuracy of ticket information provided by external parties. The company reserves the right to suspend any violating account. 3. Responsibilities The company is not liable for any financial claims, as such claims are solely between the seller and the buyer. 4. User Obligations Use the platform in compliance with applicable laws. Provide accurate and correct information. Refrain from using the platform for illegal purposes. 5. Financial Terms Ticket prices are determined by the seller. The company may impose additional fees. 6. Privacy The company is committed to protecting user data. Sharing account information with third parties is prohibited. 7. Amendments The company reserves the right to amend the terms with prior notice to users. By using the platform, you acknowledge and agree to the terms and conditions. Once accepted, the agreement becomes binding on all parties. Changes and amendments We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services. Contacting us If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: support@kharja.net This document was last updated on March 2, 2024