Preamble
The BinaQuote platform ("the Platform") — its website binaquote.com and its smartphone apps — is owned and operated by BinaQuote, Commercial Registration No. —, VAT No. —, national address —, Kingdom of Saudi Arabia ("we" or "the Platform management").
These Terms and Conditions, together with the Acceptable Use Policy, the Privacy Policy and any special terms announced for a particular service, form a single binding agreement between the Platform and everyone who uses it ("the Agreement").
Registering on the Platform, pressing the acceptance button, or using any of its services constitutes an express electronic acceptance of this Agreement with full legal effect under the Electronic Transactions Law. If you do not agree to any of its provisions, you must stop using the Platform.
Article (1): Definitions
The following words and expressions, wherever they appear in this Agreement, have the meanings set out below:
- Platform: the website binaquote.com, the BinaQuote apps, and all related services, tools and APIs.
- User: any natural or legal person who visits, registers on or uses any service of the Platform, including visitors, buyers, suppliers and team members.
- Visitor: a person browsing the public parts of the Platform without an account.
- Buyer: a user who posts a request for quotation to receive price quotes for materials or products.
- Supplier: a commercial business approved on the Platform to submit quotes on requests.
- Team member: a person added by a supplier to its business account to act in its name and under its responsibility.
- Account: the account registered on the Platform and linked to a verified mobile number.
- Request (request for quotation): the items, quantities, specifications, attachments, city and duration a buyer posts to receive quotes.
- Quote: the prices and supply, payment and validity terms a supplier submits on a request.
- Award: the buyer's announcement on the Platform of choosing one or more quotes.
- Fees: the charges for the Platform's services according to the prices published on it at the time of use.
- Credit: the value recorded in the wallet of a user's account under Article (6), usable only within the Platform.
- Automatic reading: the Platform's tools that automatically extract items, quantities or prices from text, files or images uploaded by the user.
- Content: everything a user enters, uploads or publishes on the Platform, including text, data, files, images and prices.
Article (2): Nature of the Service and Role of the Platform
- The Platform is a technical intermediary that enables buyers to post requests for quotation, suppliers to view them and submit quotes, and buyers to compare quotes and contact suppliers.
- The Platform is not a seller, buyer, agent or guarantor of either party, and is not a party to any sale, supply or service contract arising between the buyer and the supplier, whether concluded on or off the Platform.
- The contractual relationship — including the final price, quantities, specifications, delivery, payment, warranty, invoicing and returns — arises directly and solely between the buyer and the supplier, each of whom is responsible for it towards the other and towards the competent authorities.
- The Platform does not verify the quality of materials or their conformity with specifications, the accuracy of prices or the availability of stock, and does not guarantee that any party will honour what it offers or requests.
- The Platform does not collect the price of materials and does not charge commission on transactions unless otherwise announced in special terms.
- Any verification the Platform performs of a user's identity or commercial registration is a regulatory step for accepting accounts and does not constitute a certification, endorsement or guarantee of that user's solvency or conduct.
- Comparison labels shown by the Platform (such as "lowest price", "most complete" and "fastest delivery") are calculated automatically from data entered by suppliers, are for display only, and are not a recommendation or opinion of the Platform.
Article (3): Eligibility, Registration and Accounts
- Users must be at least eighteen years old and have full legal capacity to contract.
- A person registering on behalf of a business represents that they are legally authorised to bind it, and the business is bound by everything done through its account.
- Registration uses a Saudi mobile number verified by a code. The user is responsible for possession and confidentiality of the registered mobile, everything done through the account is attributed to its holder, and the user must notify the Platform immediately of any unauthorised use.
- Supplier approval requirements:
- being an existing business with a valid commercial registration and an activity matching the categories it registers in;
- providing accurate, up-to-date information (trade name, registration number, VAT number if VAT-registered, national address, contact details);
- providing any documents the Platform requests for verification.
The Platform may accept, reject, suspend or revoke an approval request at any time at its discretion, without being obliged to give reasons.
- The account belongs to the business, not the employee. A team member acts in the business's name and under its responsibility; the owner must remove the member from the account as soon as the member's relationship with the business ends. The Platform bears no responsibility for team members' actions.
- A person or business may not create more than one account without the Platform's permission, or sell, assign or share an account.
- Users must update their information as soon as it changes and bear sole responsibility for any inaccuracy.
Article (4): Requests (Buyer Obligations)
- Genuine intent: the buyer confirms that every request it posts reflects a genuine intention to purchase. Posting fake requests, or requests intended to survey competitors' prices or collect suppliers' data, is prohibited.
- Accuracy: the buyer is solely responsible for the accuracy of items, quantities, specifications, city, delivery location and any attachments, and for the consequences of any error in them.
- Category: the buyer chooses the most suitable category for its request; the Platform may reclassify it.
- Quotation period: set by the buyer when posting, within the limits allowed by the Platform, and may be extendable.
- Automatic reading of attachments: where the buyer uses automatic reading, it acknowledges that this is an assistive tool that may make mistakes, that it must review items and quantities before posting, and that whatever is posted after its review is deemed issued by it. It may instead enter items manually.
- Publication and visibility: the buyer agrees that:
- the content of its request (items, quantities, specifications, category, city and duration) is shown publicly to all visitors without its identity or contact data;
- its identity and contact data (name, business name, mobile number, delivery location) are shown to registered, approved suppliers, together with indicators of its record on the Platform (such as its number of requests and award rate);
- the content of the request remains available after closing in the Platform's public archive in a form that does not reveal its identity.
- Editing a request: a request may be edited only before the first quote is received. If an edit reduces the fees, the difference is recorded as credit for the buyer; if it increases them, the difference must be paid before the edit takes effect.
- Withdrawing a request: the buyer may withdraw its request before its period ends:
- if withdrawn before any quote is received, its fees are recorded as credit;
- if withdrawn after one or more quotes are received, no credit or refund is due, as the service has been performed.
- Inviting specific suppliers: the buyer may invite particular suppliers to its request in addition to publishing it; an invitation does not guarantee a quote.
- Freedom of choice: the buyer may award one or more quotes, or close the request without awarding, and the Platform has no obligation towards suppliers as a result.
- Confidentiality of quotes: the buyer must not publish suppliers' quotes or their documents, or disclose them to other suppliers with the intent of exposing the quoting supplier's prices or harming it.
Article (5): Quotes (Supplier Obligations)
- A quote is issued solely by the supplier and under its full responsibility; prices are in Saudi riyals.
- Automatic price reading: if the supplier fills its prices automatically from a file, it must review them before sending, and every price sent is deemed issued by it even if filled automatically. The Platform bears no responsibility for any reading, matching or tax-calculation error.
- Tax and invoicing: the system calculates totals and VAT automatically for display; the supplier remains solely responsible for the correctness of its tax treatment and for issuing electronic tax invoices in accordance with the regulations of the Zakat, Tax and Customs Authority.
- Effect of a quote: a quote is an offer issued by the supplier that stands for the validity period stated in it; the relationship arising from it is governed by the direct agreement between the parties and applicable laws.
- Conformity: the supplier must ensure that the materials offered conform to Saudi standards and approved technical regulations, and must clearly disclose the brand, alternatives and any deviation from what was requested. Offering counterfeit, adulterated or non-conforming materials is prohibited.
- Editing and retracting a quote: the supplier may edit its quote (prices and terms) or retract it while the request is open and before an award. A retracted quote is removed from the buyer's list, and the supplier may quote again while the request remains open. A quote cannot be retracted after it has been awarded, and retracting a quote does not restore any quota of quotes under the supplier's package. The Platform keeps a record of edits.
- Fair competition: a supplier does not see other suppliers' quotes and must not seek to learn them, coordinate prices with other suppliers, divide or rotate requests, or engage in any practice prohibited by the Competition Law.
- Verifying the buyer: an award is a notice from the buyer that does not bind the Platform; the supplier must itself verify the buyer, its solvency and payment guarantees before supplying.
- Buyer data in trust: the supplier must use the buyer's data only for the purpose of the request it viewed, and must not sell or share it or use it for marketing unrelated to the request without the buyer's consent. The supplier is an independent party responsible for protecting the data it receives under the Personal Data Protection Law.
Article (6): Fees, Payments and Credit
- Prices: fees are due according to the prices published on the Platform at the time the request is posted. The Platform may change them with prior notice; a change does not apply to a request whose fees have been paid.
- Free launch period: some services may be offered free or at a reduced price for a promotional period that ends upon notice from the Platform; this creates no acquired right to free service after it ends.
- Nature of fees: fees are paid for publishing the request, making it available to suppliers and notifying them, and are due upon publication. They are not paid for a specific number of quotes and do not guarantee receiving a quote or any result.
- Commencement of the service: the user acknowledges that the publishing service is performed immediately upon payment at its request, and that this constitutes commencement of the service, without prejudice to the statutory rights of consumers.
- VAT: added to fees according to the law unless stated to be included, and an electronic invoice is issued.
- Payment: through licensed payment gateways; the Platform does not store bank card details.
- Credit: credit is recorded in the user's account wallet in the following cases:
- the request period ends without any quote received;
- the request is withdrawn before any quote is received;
- the fees decrease after editing a request;
- any compensation decided by the Platform at its discretion.
- Credit rules: credit is for use within the Platform only, is not refundable in cash, transferable to another account or saleable, earns no return, and is forfeited if the account is suspended for a breach of this Agreement or the Acceptable Use Policy.
- Cash refunds: no amount is refunded in cash except in cases of duplicate charges or a proven technical error, or where required by law; it is then returned to the original payment method within 14 business days of the entitlement being established.
- Supplier packages and subscriptions: when offered, they are governed by special terms announced at the time, which form part of this Agreement.
Article (7): Notifications and Communications
- The user agrees to receive the service messages needed to operate the account and the service — such as verification codes, request, quote and award notifications, and the daily digest of new requests — by SMS, app notifications, email or other means. Some can be adjusted from account settings; essential ones can only be stopped by closing the account.
- The Platform sends marketing messages only with the user's consent, which may be withdrawn at any time.
- Any notice sent by the Platform to the mobile number or email registered in the account is valid and effective notice.
Article (8): Intellectual Property and Content
- All intellectual property rights in the Platform — including its name, logo, designs, software, databases and their compilations, and content it produces — belong to the Platform and may not be copied or exploited without written permission.
- Content remains owned by its owner, who grants the Platform a non-exclusive, royalty-free, worldwide licence to host, display, process, reformat and translate it to the extent needed to provide and develop the service.
- The Platform may produce aggregated, de-identified statistics, price indices and market reports from request and quote data and use and publish them without restriction, provided they do not reveal any user's identity.
- The supplier agrees to the display of its trade name and logo on the Platform among registered suppliers, and may object to their use in marketing materials outside the Platform.
- The user warrants that it holds the necessary rights to everything it uploads and that it does not infringe any third party's rights.
- The Platform may use any suggestion or feedback a user provides about the Platform without any obligation towards the user.
Article (9): Acceptable Use
The user must comply with the Acceptable Use Policy published on the Platform, which forms an integral part of this Agreement; a breach of it is a breach of these Terms.
Article (10): Disclaimer
- The Platform and its services are provided "as is" and "as available"; the Platform does not guarantee that they will operate without interruption or be error-free.
- The Platform does not guarantee receiving a specific number of quotes, their quality, any price savings, or the completion of any transaction.
- The Platform bears no responsibility for:
- the accuracy, precision or lawfulness of content published by users;
- the performance of any supplier or buyer, the quality of materials, delivery, payment, warranty, or any dispute between them;
- any communication or dealing between users outside the Platform;
- automatic reading results after the user has reviewed and approved them;
- outages of third-party services (SMS, payment, hosting and other providers);
- the content of external websites and advertisements linked from the Platform.
- Market information and price records shown by the Platform are for guidance only and do not constitute a quotation or commitment.
Article (11): Limitation of Liability
- To the maximum extent permitted by law, the Platform is not liable for any indirect, consequential or special damages, including loss of profit, loss of opportunity, business interruption, loss of data and reputational harm.
- The Platform's total liability — whatever its cause — does not exceed the total fees the user paid to the Platform in the twelve months preceding the event giving rise to the claim, or five hundred Saudi riyals, whichever is greater.
- This Article does not apply to damage arising from the Platform's fraud or gross negligence, or where the law does not permit limitation of liability.
Article (12): Indemnity
The user shall indemnify and hold harmless the Platform, its owners, officers and employees against any claim, action, loss, fine or expense (including reasonable legal fees) arising from:
- its breach of this Agreement or any applicable law;
- content it publishes or uploads;
- its dealings with other users on or off the Platform;
- its infringement of any third party's rights.
Article (13): Disputes Between Users
- Disputes between buyer and supplier are resolved directly between them. The Platform may — without obligation — facilitate communication between them.
- The Platform is not a party to any dispute between users, and the user releases the Platform from any claim arising from a dispute with another user.
- The Platform may provide its records to competent judicial or official authorities upon a lawful request.
Article (14): Suspension and Termination
- The Platform may — without prejudice to any other right — warn the user, restrict features of its account, hide or delete its content, or suspend or terminate its account, immediately and without prior notice, in the following cases:
- breach of this Agreement or the Acceptable Use Policy;
- reasonable suspicion of fraud or unlawful activity;
- a request from a competent authority;
- a risk to other users or to the Platform.
The Platform notifies the user of the measure where possible and legally permitted.
- The user may close its account at any time; its open requests and quotes will then be closed, and its data handled according to the Privacy Policy.
- Provisions that by their nature should survive remain in force after the Agreement ends, including those on liability, indemnity, intellectual property and governing law.
Article (15): Changes to and Suspension of the Service
The Platform may develop, modify or suspend some of its services — temporarily or permanently — for maintenance, development or any reason it deems fit, and will seek to announce material changes in advance where possible.
Article (16): Force Majeure
The Platform is not liable for any delay or failure to perform its obligations arising from circumstances beyond its reasonable control, including natural disasters, epidemics, general failures of telecommunications or power networks, cyberattacks, government decisions and service-provider failures.
Article (17): Changes to These Terms
- The Platform may amend these Terms; the amended version is published with its effective date and version number.
- The Platform notifies users of material changes at least fifteen days before they take effect.
- Continued use of the Platform after an amendment takes effect constitutes acceptance of it; anyone who does not agree must stop using the Platform and close their account.
- The Platform keeps a record of the version each user accepted and the date of acceptance.
Article (18): Evidence and Electronic Records
The user acknowledges that the electronic records kept by the Platform — including login and mobile-verification logs, timestamps, requests and quotes and their edits, messages and notifications, and payments — constitute evidence under the Evidence Law and the Electronic Transactions Law, unless proven otherwise.
Article (19): Governing Law and Jurisdiction
- This Agreement is governed by and construed in accordance with the laws in force in the Kingdom of Saudi Arabia.
- The parties shall seek to settle any dispute arising from it amicably within thirty days of one party notifying the other in writing.
- If settlement fails, the competent judicial authority in the city of Riyadh has jurisdiction over the dispute.
Article (20): General Provisions
- Entire agreement: this Agreement is the entire agreement between the user and the Platform on its subject matter and supersedes any prior understandings.
- Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in force, and the invalid provision is replaced by the closest lawful provision achieving its purpose.
- No waiver: the Platform's failure to exercise any right is not a waiver of it.
- Assignment: the Platform may assign its rights and obligations to a third party in the event of a merger, acquisition or transfer of the business; the user may not do so without the Platform's written consent.
- Language: this Agreement is drawn up in Arabic, which prevails in case of conflict with any translation.
- Headings: article headings are for organisation only and have no effect on interpretation.
Contact
BinaQuote
Email: —
National address: —
Contact page: binaquote.com/en/contact
