Welcome to the Ewan platform, an electronic platform owned by Al Waseet Al Zaki for Building Materials Trading, based in the State of Qatar, Commercial Registration No. 231223 — Commercial License No. 311403.
It specializes in commercial brokerage and in connecting factories and suppliers of building materials within the State of Qatar on one hand, with contractors, interior and exterior design companies, and real-estate developers on the other, with the aim of facilitating the display of products and purchase requests, the exchange of price quotations, and the conclusion of contracts between the parties.
Use of the Platform, registration on it, or benefiting from any of its services constitutes express and final acceptance of these Terms and Conditions and of all policies and agreements associated with them.
Definitions
For the purposes of this document, the following terms shall have the meanings set out beside each of them, unless the context requires otherwise:
- The Platform: The Ewan electronic platform and all of its applications, websites, and services.
- The Supplier: Every approved factory, supplier, or distributor that displays products or services through the Platform.
- The Client: Contractors, interior and exterior design companies, and real-estate developers who use the Platform to obtain offers or to purchase building materials.
- The User: Referred to in certain clauses as encompassing both the Supplier and the Client.
- The Services: All electronic services provided by the Platform.
- The Content: All data, images, files, texts, and information published through the Platform.
Article 1 Nature of the Platform's Work
- The Platform is an electronic intermediary that facilitates communication and the conclusion of transactions between the Supplier and the Client.
- The Platform is not considered a party to sale, supply, transport, execution, or warranty contracts, unless a written agreement is concluded providing otherwise.
- No relationship of agency, partnership, employment, distribution, or legal representation arises between the Platform, the Supplier, and the Client.
Article 2 Registration and Account Creation
The Supplier and the Client undertake to:
- Provide accurate, complete, and up-to-date information.
- Maintain the confidentiality of login credentials.
- Not create more than one account without the Platform's approval.
- Update their information whenever a change occurs.
- Bear responsibility for all activities carried out through their account.
The Platform may request any documents to verify identity or commercial activity.
Article 3 Rules for Using the Platform
The Supplier and the Client are prohibited from:
- Providing forged or misleading data or documents.
- Publishing fictitious offers or requests.
- Using the Platform in any unlawful activity.
- Infringing intellectual property rights.
- Attempting to hack or disrupt the Platform.
- Collecting users' data or using it without authorization.
- Publishing offensive content or content contrary to public order or morals.
- Using the Platform to harm competitors or to unlawfully influence the market.
Article 4 Obligations of Suppliers and Clients
All suppliers and clients undertake to observe:
- Good faith in negotiation and dealings.
- Compliance with the contracts they conclude.
- The accuracy of the information provided.
- Respect for the rights of other parties.
- Compliance with the laws and regulations in force in the State of Qatar.
Article 5 Prices and Offers
- The Supplier alone bears responsibility for the prices and offers it publishes on the Platform.
- The Client bears responsibility for reviewing offers before accepting them.
- The Platform does not guarantee the availability of products or the stability of prices.
- Offers may be amended or withdrawn in accordance with the published conditions or the agreement between the parties to the transaction.
Article 6 Fees and Commissions
The Platform is entitled to impose fees, subscriptions, or commissions in return for certain services, and undertakes to announce them before they fall due. The User's continued use of the service after such announcement is deemed acceptance thereof, unless the applicable laws require express consent or grant the User the right to terminate the relationship without penalty.
Article 7 Payment Methods
- The Platform enables electronic payment for the value of products through the payment service provider Noqoody, whenever the Supplier and the Client agree to settle payment through the Platform.
- The available payment methods are limited to those announced by the Platform, and may include electronic payment via Noqoody, bank transfer, or cash on delivery, according to what is available from each Supplier.
- The Platform is not a party to the payment process, and is not a bank, a financial institution, or a payment service provider. Its role is limited to enabling the technical connection with the service provider.
- Electronic payment operations are subject to the terms, conditions, and privacy policy of the payment service provider, and the User acknowledges responsibility for reviewing and accepting them.
- The Platform does not store bank card details; these are processed entirely by the payment service provider.
- The Platform bears no responsibility for:
- The failure, delay, or rejection of a payment by the service provider or by the bank.
- Any fees, commissions, or exchange-rate differences imposed by the payment service provider or the issuing bank.
- Any technical error, interruption, or outage in the payment provider's service.
- Any unauthorized use of the User's payment method.
- Refunds or payment reversals, as these are carried out in accordance with the payment service provider's policy and the agreement concluded between the Supplier and the Client.
- The value of the products and any dispute concerning it remain governed by the agreement concluded between the Supplier and the Client, and the Platform does not guarantee any party's fulfilment of its financial obligations towards the other party.
Article 8 Limits of the Platform's Liability
The Platform exercises reasonable care in operating its services; however, it does not guarantee that they will be free from faults or interruptions.
The Platform does not bear, to the extent permitted by law:
- The quality of the products displayed through it by the Supplier or their conformity with specifications.
- The accuracy of the data provided by the User, the Supplier, or the Client.
- The ability of any party to perform its obligations.
- Delay in supply or delivery.
- Damages resulting from misuse of the Platform.
- Any dispute arising between the Supplier and the Client concerning the execution of the transaction, while the Platform reserves the right to cooperate with the competent authorities or to provide the data in its possession in accordance with the law.
Article 9 Intellectual Property
All intellectual property rights belonging to the Platform revert to its owner, and it is prohibited to copy, reproduce, exploit, modify, or use them without prior written consent.
The User grants the Platform a non-exclusive license to use the content it uploads to the extent necessary to operate the Platform and to display and promote its services within the Platform, while the User retains ownership of that content.
Article 10 Privacy
All data collection and processing operations are subject to the approved Privacy Policy, which forms an integral part of these Terms.
Article 11 Suspension and Termination of Accounts
The Platform may suspend, halt, or terminate any account in the event of:
- Violation of these Terms.
- Provision of incorrect information.
- Commission of fraudulent acts.
- Misuse of the Platform's services.
- The issuance of a decision or request from a competent authority requiring so.
Article 12 Force Majeure
Neither party shall be liable for failure to perform its obligations if such failure results from force majeure circumstances or events beyond its control that render performance impossible or exceptionally onerous, provided that it notifies the other party within a reasonable period.
Article 13 Amendments
The Platform may amend these Terms and Conditions whenever necessary, and the amendments become effective from the date of their publication or from the date specified in the amendment notice.
The User's continued use of the Platform after the amendments take effect is deemed acceptance thereof, without prejudice to any rights granted to the User by law.
Article 14 Notices
The Platform may send notices by email, text message, in-app notifications, or any electronic means provided to it by the User. Such notices are deemed effective from the date they are sent, unless the law provides otherwise.
Article 15 Governing Law and Dispute Resolution
These Terms and Conditions are subject to the laws in force in the State in which the Platform's head office is located, unless the rules of private international law or mandatory laws provide otherwise.
Disputes shall first be settled amicably within (15) fifteen days; should that prove impossible, the competent court shall have jurisdiction, in accordance with what the laws in force permit.
Article 16 Penalty Clause (Agreed Compensation)
- The User acknowledges that its compliance with the provisions of this Agreement, and in particular the obligation not to circumvent or bypass the Platform or to conclude transactions outside the Platform with the intent of depriving it of its financial rights, constitutes a fundamental and essential obligation for its acceptance to use the Platform's services.
- In the event of the User's breach of any of the fundamental obligations contained in this Agreement, and in particular cases of circumvention, concealment of transactions, provision of incorrect information, or use of the Platform in a manner that causes harm to it, the User undertakes to pay the Platform an amount of (50,000) fifty thousand Qatari Riyals for each violation, as agreed compensation for the damages and losses that it may incur as a result of such breach.
- Entitlement to the penalty clause shall not prejudice the Platform's right to claim compensation for any additional damages proven to exceed the value of the penalty clause, or to claim the rights, fees, and commissions due to it, within the limits permitted by law.
- The Platform is entitled, upon the occurrence of the violation, to suspend or halt the User's account temporarily or permanently, and to take the legal measures necessary to safeguard its rights.
- The User acknowledges that the value of the penalty clause has been determined as a pre-estimate of the potential damages that may affect the Platform as a result of the breach of its obligations, in particular damages relating to the loss of commercial opportunities, operating costs, and the efforts expended in providing brokerage, technical, and marketing services.
Article 17 Final Provisions
- These Terms, together with the Privacy Policy and the agreements specific to suppliers and clients, represent the complete legal framework governing the use of the Platform.
- The Platform's failure to assert any right, or its delay in exercising it, shall not be deemed a waiver thereof.
- The Arabic version of these Terms and Conditions shall be the reference for their interpretation.
Appendices to the General Terms and Conditions
First Supplier and User Verification Policy
- The Platform reserves the right to verify the identity of all users before or after account activation.
- The Platform may request the commercial registration, statutory licenses, professional certificates, and any other documents it deems necessary.
- The approval of a supplier or contractor on the Platform does not constitute a certification by the Platform of its competence, financial solvency, or the quality of its products or services; it merely indicates the fulfilment of the registration requirements determined by the Platform.
- The Platform may suspend or cancel the account if it becomes apparent that the data or documents provided are incorrect, or upon refusal to provide them when requested.
Second Price Quotation Policy
- The Client is entitled to publish purchase requests or requests for price quotations in accordance with the forms approved by the Platform.
- The Supplier undertakes to submit genuine and accurate offers that include prices, quantities, the validity period of the offer, and any fundamental conditions.
- The Client's acceptance of an offer is deemed the beginning of the contractual relationship between it and the Supplier in accordance with the terms agreed between them.
- The Platform bears no responsibility for the amendment or withdrawal of offers, their non-acceptance, or the expiry of their validity.
- The Platform may remove requests or offers that contain misleading data or data contrary to the law or to these Terms.
Third Commissions and Fees Policy
- The Platform is entitled to the announced fees or commissions in return for the services it provides.
- Fees may be amended after notifying users a reasonable period before they take effect.
- Fees paid are non-refundable unless the refund policy or the law provides otherwise.
- The Platform may suspend certain services upon delay in paying the fees due.
Fourth Complaints and Dispute Resolution Policy
- The Platform works to examine complaints and to attempt to reconcile the parties' viewpoints whenever appropriate.
- The Platform is not obliged to issue a binding decision in disputes arising from sale or supply contracts, and its role is limited to mediation unless the parties agree otherwise.
- The Platform reserves the right to suspend accounts temporarily where the interest of the investigation so requires.
Fifth Commercial Confidentiality Policy
- All users undertake to maintain the confidentiality of the commercial, technical, and financial information they obtain through the Platform.
- It is prohibited to use information obtained through the Platform to harm competitors or to achieve an unlawful benefit.
- Confidentiality obligations remain in force even after use of the Platform ends or the account is closed.
Sixth Anti-Fraud Policy
Users are prohibited from:
- Creating fictitious accounts or using incorrect data.
- Publishing offers or requests that are not genuine.
- Manipulating prices or user ratings.
- Using automated means to extract data from the Platform without authorization.
- Impersonating any person or entity.
- Using the Platform for money laundering or for financing any unlawful activity.
The Platform may take such measures as it deems appropriate, including suspending or terminating the account and notifying the competent authorities where there is a suspicion of a violation of the law.
Seventh Content and Advertising Policy
- The User bears full responsibility for all data, images, specifications, and documents it publishes.
- The Platform may amend, delete, or block any content that violates the laws or these Terms.
- The User acknowledges that it holds all rights necessary to use the content it uploads to the Platform.
Eighth Data Protection and Record Retention
- The Platform retains records of operations, requests, and electronic correspondence to the extent permitted by the laws and for operational or legal purposes.
- Electronic records may be used as a means of evidence where the law permits.
- The Platform undertakes to take reasonable security measures to protect data, without this constituting an absolute guarantee against all technical risks.
Ninth Provisions Specific to the Building Materials Sector
- The Supplier alone bears responsibility for the conformity of its products with the standard specifications, technical requirements, and applicable regulations.
- The Client undertakes to review the technical specifications and quantities before concluding any contract.
- The Platform bears no responsibility for the fitness of the products, the results of their use, or their compatibility with the requirements of any project.
- The Platform bears no responsibility for any delay, increase in costs, or damages arising from the breach by any party to the transaction of its contractual obligations.
Tenth Non-Circumvention of the Platform
- All users acknowledge that the Platform is the electronic intermediary that enabled their introduction, communication, and negotiation, and that the services it provides represent the basis for concluding the transactions carried out through it.
- The Supplier and the Client undertake not to circumvent the Platform or bypass its role, by not concluding any agreement, contract, transaction, or direct or indirect dealing with any user first identified or contacted through the Platform, with the intent of avoiding payment of the commissions or fees due to the Platform, throughout the period of use of the Platform and for a period of (12) months from the date of the last communication or dealing conducted through it, unless the applicable law provides for a different period or ruling.
- The following are deemed circumvention, by way of example and not limitation:
- Exchanging personal contact details with the intent of completing the transaction outside the Platform.
- Cancelling the request or offer through the Platform and then concluding the transaction outside it.
- Using an intermediary, an affiliated company, or a related person to complete the transaction with the intent of avoiding the Platform's commission.
- Concluding subsequent contracts between the same parties where it is established that the initial introduction or negotiation took place through the Platform and that the purpose of removing the dealing from it was to evade the fees due.
- If any circumvention is established to the Platform, it may take one or more of the following measures, in accordance with what the law permits:
- Claiming the commission or fees due on the transaction.
- Suspending or terminating the User's account.
- Blocking some or all of the Platform's services from the User.
- Claiming compensation for the actual damages incurred by the Platform as a result of such breach.
- Taking the appropriate legal and judicial measures.
- This clause does not prejudice the rights of any party granted by law, and applies only to the extent that it is valid and enforceable under the applicable law.
- The User acknowledges that this obligation is a fundamental condition for using the Platform, and that its violation represents a material breach of the provisions of this Agreement.
In Conclusion
These Terms and Conditions, together with the Privacy Policy and the related agreements, policies, and appendices, constitute the legal framework governing the relationship between the Platform and all of its users. Each user acknowledges that they have reviewed them, understood all of their provisions, and agreed to them freely and expressly, and undertakes to comply with them throughout the period of their use of the Platform.
The Platform reserves the right to take all statutory or contractual measures necessary to protect its rights and the rights of its users, including suspending or terminating violating accounts, claiming compensation for damages, or resorting to the competent judicial or arbitral bodies, without prejudice to any other rights or means of protection granted by law.
All users likewise undertake to conduct their dealings through the Platform in good faith, in a manner consistent with the applicable laws, regulations, and by-laws, and in a manner that achieves the principles of transparency, integrity, and lawful competition, and safeguards the legitimate rights and interests of all parties.
The User's continued access to the Platform, registration on it, or use of it in any form whatsoever is deemed an acknowledgment by the User of acceptance of these Terms and Conditions and all future amendments thereto published in accordance with the approved procedures, which shall be effective and binding upon the User as of their effective date, to the extent permitted by law.
These Terms and Conditions were drawn up in the Arabic language, and the Arabic version shall be the approved reference for their interpretation and application, unless the Platform officially adopts a version in another language. In the event of any conflict between any translation and the Arabic version, priority shall be given to the Arabic version, unless the applicable law provides otherwise.