App Terms and Conditions

Effective as of: Feb 10th, 2025

Table of Content

Introduction

These terms and conditions (“terms”) have been prepared and designed to provide clear guidelines and legally binding terms in relation to the services provided to you by Mohour Eltemkin for debt crowdfunding, a company established in accordance with the laws of the kingdom of Saudi Arabia under commercial registration no. 1010908819 (referred to as “the company”). these terms govern your use of the company’s platform, the company’s website, your relationship with the company, as well as any other services made available to you through the use of the company’s platform or the company’s website from time to time (“services”). this document will be available in both Arabic and English.

These terms are provided to you for your review and acceptance prior to your agreeing to complete the login and registration process (“registration”) with the company. registration is a prerequisite for using the company’s platform, the company’s website and the services it provides. your registration requires the company to perform “know your customer” (“KYC”) checks in order to verify you as an authorized user of the services and will only be done when you indicate that you accept the terms.

Please read these terms carefully before completing your registration as the terms affect your rights and obligations under the laws of the kingdom of saudi arabia. if you do not agree to these terms, please refrain from using the company’s platform and website. by registering on the company’s platform and the company’s website, you acknowledge that you have read, understood, and agreed to abide by these terms.

Article 1: Definitions

The following words and phrases shall have the meanings indicated next to each of them, as follows:

  1. “Platform” shall mean the electronic platform owned by the first party that is available for use through the website and through which the first party provides peer-to-peer debt crowdfunding services.
  2. “SAMA” shall mean the central bank of Saudi Arabia
  3. “SIMAH” shall mean the Saudi credit bureau company.
  4. “Customer care center” shall mean the customer service center number that customers can reach during business hours to report any technical problems.
  5. “Know Your Customer” shall refer to the process through which the user’s personal identity details are identified and authenticated in accordance with the regulations of the central bank of Saudi Arabia and the requirements of other government agencies.
  6. “Finance” shall refer to the financing products provided to the company’s customers, in accordance with the company’s decision regarding the customers’ eligibility to obtain financing products, in accordance with the company’s discretion and conditions, and in accordance with the qualification standards and procedures specified by it.
  7. “Activation code” shall mean the password code consisting of a number of numbers that is issued to the user when registering for electronic services or re-logging in.
  8. User: shall include beneficiary and investors.
  9. Beneficiary: the natural person wishing to obtain financing through the platform
  10. Investors: people who want to invest in the platform.
  11. Fees and costs: they are a specific amount or percentage taken from the user in exchange for the services he obtains from the platform.
  12. Insolvency risk: it is the risk that the beneficiary will not be able to pay the financing installments - by taking his debts on all his assets - and this will lead to investors losing all or part of the investment amount.
  13. Investment terms and conditions: shall mean the terms and conditions signed between the investor and the company after registering on the platform.

Article 2: Validity and termination

  1. All terms shall apply once the user registers and chooses to use the account services provided by the company.
  2. The user may terminate the conditions at any time and close the account. the company is not obligated to recover the amounts in the account except after the user requests them, and the company does not guarantee the recovery of all the amounts in the account upon request from the user. in the event that it appears or is suspected of doing or intending to do or verifying participation or suspicion of participation in any illegal or irregular process, the company is not obligated to recover the invested amounts in the account upon request from the user and to terminate the conditions, the company shall then take reporting procedures and policies in accordance with the relevant regulations, and in this case the company’s right to demand or file a lawsuit for compensation, legal expenses, or any type of loss will not be forfeited at any time and in any case as a result of the user’s undertaking or intention to undertake or suspicion of undertaking any illegal or irregular procedures
  3. The company may terminate or suspend account services for any reason and at any time after prior notice to the user.
  4. The company may suspend the service or block access to the user’s account in the following cases:
    1. If the user violates the terms of the terms.
    2. If the company knows conclusively or likely that the user is being exposed to illegal or irregular credit or fraudulent risks.
    3. If the company discovers that the user has provided misleading, false, incomplete or incorrect data or that the user is an original or accessory participant or individual in fraud or illegal conduct.
    4. If the company has, suspects, or confirms any security concerns, whether technical or financial, regarding the account.
    5. If the company suspects or confirms that unauthorized or fraudulent activity has occurred on the account or payment data in the account.

Article 3: Requirements and registration

  1. Registration on the platform can be completed through the company's website.
  2. Registration in the platform’s services is subject to collecting complete know-your-customer information and verifying the user’s identity in accordance with the regulations of the central bank of saudi arabia.
  3. The company reserves the right, at any time, to take all relevant steps and necessary actions to ensure compliance with all applicable know your customer (kyc) requirements of the saudi central bank.
  4. The user shall acknowledge that all information provided is true, complete and accurate.
  5. The company shall reserve the right at any time to reject a registration request in the event of any discrepancies or inaccuracies in the information or documents provided by the user.
  6. When registering on the platform, the user will receive an activation code that must be included on the platform to activate the account. the user is then free to change the activation code at any time, and the user must change the code immediately for security purposes.
  7. When registering on the platform, the user will receive a confirmation message confirming that the account has been successfully created.
  8. The user is solely responsible for the accuracy of the information provided on the platform. if information provided by a user is determined to be incorrect, false or misleading, the company assumes no responsibility and assumes no liability for any consequences that may result from the provision of such incorrect, false or misleading information.
  9. If the user has actual or inferred knowledge of the inaccuracy of the information provided about his or her account, the user must notify the company by calling the unified number or sending an e-mail to the company as soon as possible.
  10. If the company discovers that the information provided by the user is false or misleading, it reserves the right to terminate the user's account at any time, with or without notice, and termination by the company will be effective immediately or as specified in notice issued by the company, and will include termination of the user's account. disable user access to the platform.
  11. The user must verify the ownership of their personal iban through the platform to deposit and withdraw funds. any deposit or withdrawal made using an unverified iban will be automatically rejected.

Article 4: Safe use and unauthorized use

  1. The user is solely responsible for the confidentiality, integrity and security of the user name and password on the platform and any other access code provided to him by the company.
  2. The user is solely responsible for the consequences arising from unauthorized use.
  3. In the event that the service is lost, broken, or otherwise compromised, the user must immediately inform the company by calling the unified number or sending an email, as the account will be blocked and new credentials will be issued to the user after validation.
  4. The user is prohibited from disclosing the log details to anyone such as the customer care employee or the customer care center.

Article 5: Fees

  1. The user must pay all fees for using the platform’s services based on what is stipulated in the relevant agreements, terms and conditions, including, but not limited to: transfer fees and transaction execution fees. all fees are paid either directly to the company, and the company will inform the user of the applicable fees and charges from time to time. the company decides these fees at its sole discretion, and cash will not be accepted in any case. funds will only be accepted through electronic channels.
  2. The company may change its fees at any time or impose other fees or costs that will be notified to the user, and which will be effective immediately upon notification to the user.

Article 6: Receiving funds

  1. The company shall not be responsible for the funds until they are received.
  2. The company shall not be responsible for the funds after they are deposited/ transferred to and from the beneficiary's bank account.
  3. Funds are credited on the business day they are received, and if funds are received after the end of service time, the funds are considered to have arrived on the next business day.
  4. The user should reconcile incoming funds with his records on a regular basis.
  5. Cash is not accepted, but amounts are accepted through electronic channels only.

Article 7: Agents

  1. The company has the right to appoint agents to perform some services on its behalf without the need to obtain consent from the user.
  2. The user shall understand that the agents contracted by the company are competent and capable of performing what was agreed upon.
  3. The user shall understand that there is no definite, potential or future conflict of interest with the agent who will be contracted with.
  4. In all cases, agents are bound by these terms and conditions.

Article 8: Customer obligations

  1. The user is responsible for any fees and expenses associated with the services provided to him.
  2. The user may not use the company’s services for any purpose that could be construed as violating or unacceptable in accordance with any applicable laws, regulations of the central bank of saudi arabia, guidelines, judicial statements, company policy or public policy, or for any purpose that may negatively harm the company’s commercial reputation.
  3. These terms and their implementation and grant the rights, licenses and permissions granted by the company to the user under these terms and subsequent agreements.
  4. The name specified by the user when he registered is his name or trade name as it appears in the data registered with the state.
  5. That it is the real beneficiary.
  6. That it will not use the account on behalf of any natural or legal person.
  7. It adheres to all applicable regulations and regulations in the kingdom of saudi arabia.
  8. That it will not intend to use the account services in any fraudulent, illegal or illegal enterprise in any direct or indirect manner.
  9. It is not subject to or listed on any list of prohibited or restricted parties and is not owned, controlled or controlled by any such party, as well as names included on lists established by the united nations security council, the us government issued by the us department of the treasury and the entity list of the us department of commerce or any other agreements entered into by the government of the kingdom of saudi arabia as part of its work in the financial action task force (fatf).

Article 9: Data protection and confidentiality

  1. Data privacy is subject to the conditions issued by the central bank of saudi arabia, its decisions and circulars. the user agrees that in order to facilitate the provision of the company's services, the company may be required under regulations to disclose any information or details about the customer to any government agency.
  2. User graphics, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the company services provided by you (“materials”) are protected by copyright, designs, patent, and trademark systems, international conventions, other proprietary rights and applicable intellectual property.
  3. User's personal and financial information can only be accessed and used by authorized personnel.
  4. The company shall use all reasonable measures to ensure that customer transactions and information remain secure and confidential.
  5. The company shall not provide any warranty of any kind about the system and network, their function or performance, or for any loss or damage, whenever and wherever incurred or incurred by the customer or any other person arising out of or in connection with the use of the company's services.
  6. The user shall give full consent to the company when it stores data in his profile, and authorizes the company to use this data and make it available to the beneficiary or investor - as the case may be - and to make that data available to payment service providers in order to pay the amounts owed to users from the user’s investments, and includes, for example: name first and last name, email address, phone number, permanent residence – with city, zip code and country – and personal identification number
  7. The privacy policy and cookies policy are an integral part of these terms.
  8. The company shall use cookies for the following purposes: in order for the site to be easier and better to use and to enable the arrangement and configuration of products and services according to the requirements of the company’s interest and needs. to collect anonymous user statistics, which allows the company to understand how visitors use the site and help the company improve its structure and content, bearing in mind that the user cannot be personally identified through this information, and the user may not use the features of cookies.
  9. When a user provides the company with information, the company uses that information to provide products and services, sometimes shares the user's information with the company's affiliates, and uses it to communicate with the user.
  10. The company shall retain personal data as long as it is necessary to carry out the service requested by the user or authorized by the user.
  11. The company shall take all technical and organizational security measures to protect available information from manipulation and tampering, and to protect it from loss, damage, or access by unauthorized persons.

Article 10: Disclaimer and compensation

  1. Neither the company nor its employees nor directors shall be liable in cases of loss, loss of profits, loss of business, loss of revenues, loss of the entire amount of investments, loss of data, indirect losses, consequential losses or any other type of loss, and the company does not guarantee any such losses in if its platform or website is completely or partially disabled for some time and for any reason.
  2. The company shall not provide any express or implied warranties of any kind or nature, including, but not limited to: warranties of the accuracy, validity or reliability of the information published on the website.
  3. The company shall not bear responsibility for the suitability of its platforms and services to the user.
  4. The company shall not guarantee that the platform will remain available for use at all times and places due to different situations and circumstances.
  5. The company shall not guarantee that the platform will remain uninterrupted, in whole or in part, or that it will be free from technical errors at any time. for example, but not limited to: the company does not guarantee that the website or the electronic platform is free of malware or various other harmful configurations or misuse of other websites by other users.
  6. The company shall not be responsible at any time if the user enters false, untrue, misleading or false data or is a participant or originator of fraud, illegal conduct or criminal behavior.
  7. The company shall not be responsible for any unauthorized or fraudulent activity of the account or payment data.
  8. If it is proven that the user has initiated or participated in an unauthorized activity or that involves fraudulent matters or fraudulent intent, then the investment account or the user’s account will be suspended partially, completely, temporarily or permanently.
  9. The company shall not bear any responsibility in the event that any of the platform users or an unknown or unknown party hacks any of the correspondence, processes or procedures sent through the platform.
  10. The company shall not guarantee that the platform will remain available for use at all times and places due to different situations and circumstances.
  11. The user's loss shall not be compensated or any amounts will be recovered if it is verified or suspected if it is proven that the user has initiated or participated in an unauthorized activity or that involves fraudulent matters or fraudulent intent.
  12. In the event that liquidation or bankruptcy procedures take place for the company or any procedure related to the bankruptcy committee or bankruptcy cases, or an application for opening bankruptcy is submitted by the bankruptcy trustee, the company’s lawyer, or the company’s auditor with the competent court, the competent authority, or the body authorized to open bankruptcy procedures, the user has no right to requesting the recovery of the amounts in the investment account and any of the losses or claims incurred as a result of the company’s bankruptcy procedures, opening it, or submitting a request to open a bankruptcy procedure; this is in the event that the bankruptcy procedures, documents, final bankruptcy rulings, decision, or orders of the court or competent judiciary do not provide for this, whether for financial reorganization, settlement of all kinds, or other types of financial distress.
  13. The company and its licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, the warranties of title, non-infringement, excessiveness, accuracy, merchantability and fitness for a particular purpose and any warranties that may arise through a dealing, or context of performance or trade use.
  14. The user shall acknowledge that he or she is responsible for the maintenance of all mobile devices and other devices necessary to access and use the platform and all charges associated therewith.
  15. The company shall no provide express or implied warranty, guarantee or undertaking of any kind with respect to the company's services, which are not expressly stated herein.
  16. The company shall no bear responsibility to any person for any delay, loss of business, profit, revenue, reputation, anticipated savings, damages, fees, costs or expenses of any kind arising on the company services due to unavailability for use of the company services or otherwise.
  17. The customer shall agree to indemnify, defend and hold harmless the company or related parties from and against all claims, losses, damages, liabilities, costs and expenses, including but not limited to legal fees and expenses arising from or related to the use or misuse of the company's services, and from any violation of these terms and conditions, or any breach of warranties and representations.
  18. The user shall undertake to indemnify the company - and all its employees, directors, agents and representatives - and hold it harmless from all claims, costs, suits, cases and requests arising from any claim, suit, audit, investigation, investigation or any legal action instituted by any person or entity, at all times and in accordance with in any case, the company reserves the right to compensate for any financial loss, expenses, fees or fines
  19. The company has the right to file a lawsuit with the competent court or report to the competent authority for a reason related to any of the following:
    1. Any actual or alleged breach of user's representations, warranties or obligations in this agreement.
    2. Any actual or alleged infringement, false statement, or violation of the rights of third parties by the user or his trademarks used in connection with the service while using the investment account services.
    3. The user's use of investment account services.
    4. Any incident or condition that is suspected, verified or proven to be fraudulent, illegal or irregular or that involves fraudulent, illegal or irregular acts.

Article 11: Changes to terms and conditions

  1. The company has the right to make any changes to these terms and conditions at any time
  2. The user shall understand that the agents contracted by the company are competent and capable of performing what was agreed upon.
  3. The user shall understand that there is no definite, potential or future conflict of interest with the agent who will be contracted with.
  4. In all cases, agents are bound by these terms and conditions.

Article 12: General terms and conditions

  1. The user must immediately inform the company of any changes to his personal information by calling the unified number xxxx or sending an email to support@wp.thelendinghub.sa
  2. Any dispute with or filing a complaint against any financial services provided through the company must be reported directly by the user by calling the unified number or sending an email to support@wp.thelendinghub.sa
  3. In the event of any dispute, the company's records will be binding as conclusive proof of the transactions conducted through the use of its site or platform.
  4. The user shall agree to receive sms text messages from the company via the mobile phone specified in the registration application form.
  5. These terms (or any modified version) are an agreement binding the user or his representatives to the terms and conditions set forth herein.
  6. All rights and remedies mentioned in these terms are cumulative and do not exclude any rights or remedies provided by applicable laws and regulations.

Article 13: Applicable law

The terms and conditions of this document are governed by and interpreted in accordance with the laws of the kingdom of Saudi Arabia, and all disputes arising from this document will be referred to the courts of the kingdom of Saudi Arabia in the city of riyadh.

Article 14: Customer approval

The user shall acknowledge that he has read what is contained in this document, clearly understands the content and agrees to the above, and acknowledges and agrees to the following:

  1. It shall acknowledge that the company has been authorized to access his personal information through the Absher platform or any other government agency.
  2. It shall agree to provide the company with any information or data it requests to establish the account with it and/or to review it and/or to manage it and to authorize it to obtain whatever information it needs or needs regarding the user or any other account that the user has with the saudi credit information company and/or any government agency. and to disclose information about the user and his aforementioned account or any other account he has with it to the Saudi credit information company and/or any other party approved by the central bank of Saudi Arabia.
  3. It shall acknowledge that it is his sole responsibility to the account statements and relevant notifications immediately upon receipt of the relevant notification.
  4. Agree to pay any applicable fees, charges or taxes to the company relating to the financial product and/or services available.
  5. It shall agree to be liable for any damages, costs or termination of a financial contract incurred due to the user's failure to acknowledge any relevant notices.
  6. It shall agree to notify the company in writing, by telephone or via an intermediary of any changes in his account information or other information that he has provided or is required to provide in connection with the application of these terms.