الشروط و الأحكام
Terms and Conditions

Terms and Conditions for Using the Dinar Investment Company platform

Preamble:

The "Terms and Conditions for Using the Dinar Investment Company Platform" is considered an agreement between the company and the user, signed for the purposes of regulating the process of using the platform and stating the rights and obligations of the parties when benefiting from the services of the platform; In a manner that preserves the rights of each of them, and the user must read, understand, grasp and view this agreement from time to time, and the user has agreed to all the provisions contained in this agreement immediately upon his registration on the platform.

1. Definitions:

The expressions and terms mentioned in this clause, wherever they appear in this agreement, shall have the meanings indicated in front of each of them, unless the context requires otherwise:

• Agreement: The Terms and Conditions for using the Dinar Investment Company platform.

• Company: Dinar Investment Company, established and licensed under the laws of the Kingdom of Saudi Arabia, with Unified National Number [7025808135], and its headquarters is in Riyadh.

• User(s): He is the user of the platform, and he is the natural or legal person authorized to benefit from the services of the platform, and is subject to the provisions of this agreement.

• The platform: An electronic platform owned by the Dinar Investment Company, in which it provides investment opportunities, by linking investors with the financing applicant. The role of the Dinar Investment Company in the platform consists in being an intermediary between the investor and the financing applicant, and the Dinar Investment Company shall not be a party to the investment operations.

• Portfolio: An electronic financial account created for the purpose of investing in the platform.

• Related parties: They are the company's directors, members of its board of directors, employees, representatives, agents, or any of their family members.

• The Kingdom: Kingdom of Saudi Arabia.

• Financing Applicant: A natural or legal person benefiting from the financing provided by the company through the issuance of debt instruments, which results in the existence of investment deals for the investors to own and purchase debt instruments through the platform.

• User account: It is the account created by the user to benefit from the services of the platform.

• Password: means symbols and numbers through which you can access the user's account.

• Data: means any data or information provided by the user as a result of his registration on the platform, including the identity number, national address, bank account information, and credit information.

• Conflict of interest: It means a conflict of any private interests of any of the related parties, which affects their decision-making without impartiality or objectivity, in a way that harms the interest of the company and users, or when they receive offers of investment opportunities because of their position in the company.

2. Agreement

a) This agreement regulates the terms and conditions for using the platform, and the Preamble and the Definitions clause are considered an integral part of this agreement.

b) The provisions of this agreement are considered binding on the user immediately upon his registration on the platform, and the company may amend its provisions according to the company's sole discretion, provided that the effect of the amendment applies after it is notified to the user, and the use of the platform by the user is considered approval of any amendments that may occur to this agreement and any other agreement related to the use of the Platform or investment in it, including the “Investment Terms and Conditions Agreement”.

c) This agreement is considered indefinite, and its provisions regarding liability and compensation apply even after canceling the user's account, whatever the method or duration of such cancellation, in a manner that does not violate the laws and regulations followed in the Kingdom.

3. Creating a user account

a) Registration and creation of an account on the platform is limited to those over eighteen years of age.

b) The user must ensure the validity of the data and the confidentiality of the password.

c) The user undertakes to update the data if necessary, and the user is responsible for urgently correcting the data in the event that the provided data is false, and the company may, at its sole discretion, cancel the user's account when there are errors in the data without prior notice from it.

d) The user is responsible for the use of the user account by anyone other than the user.

e) The User shall immediately inform the Company of any unauthorized use of the User Account or password.

f) The company may verify the data in the manner it deems appropriate.

4. Liability

a) The company shall not bear any losses or damages resulting from the user’s use of the platform or any other damages caused to the user on the platform unless the damage is a result of negligence or inadequacy on the part of the company, and in all cases the company’s liability shall not exceed the regarded legal limits in assessing the liability of the perpetrator of the damage according to the applicable legal stipulations.

b) The company does not guarantee any information provided by the financing applicant, or from any other party involved in the investment opportunities, and the company is not considered a guarantor for him, and the investment opportunities offered on the platform are not considered a recommendation to invest in them.

5. Uses

a) The User shall use the Platform for the purposes for which it was intended.

b) The contents of the platform are considered exclusively owned by the company, and the user's use of it does not make the user an owner of any of the platform's contents, and his use of it must be in light of the applicable legal stipulations.

c) The user may not modify, publish or sell any of the contents of the platform and the materials in it which are provided on the platform, nor may the user use any information he has obtained from the platform for any reasons other than the reasons authorized in this agreement.

6. Risks

a) The company confirms that the investment opportunities offered on its platform are high-risk investments, and the user must review his financial ability before investing, knowing that the loss may cause him to lose all his investments.

b) The user must evaluate the available investment opportunities through the information provided by the financing applicant, or any related party, and the details of the information related to the risks stipulated in the prospectus related to the relevant issue, including reasons beyond the control of the financing applicant, , or any related party, for instance, but not limited to (economic conditions and factors affecting the activity of the financing applicant).

c) The company bears no liability for any damages that may result from false information provided by the financing applicant, Or any other entity related to investment opportunities.

d) The User acknowledges and understands the potential risk of identity theft or electronic fraud when using the Platform. Notwithstanding the Company’s commitment to implementing legally recognized security measures for data protection, this does not relieve the User of the responsibility to exercise caution regarding such inherent risks in electronic transactions.

e) The User is informed that the Platform may be subject to service interruptions or system failures resulting from technical faults, periodic maintenance, or cyberattacks, which may lead to delays in order execution or temporary inability to access the account. The Company bears no liability for damages resulting from these circumstances beyond its control.

f) The User bears all risks resulting from unauthorized access to his account due to password breaches, security vulnerabilities associated with his device, or improper safeguarding of login credentials. The User undertakes to take all necessary preventive measures to protect his personal data and to notify the Company immediately of any breach.

g) The User acknowledges the risks of data loss resulting from technical factors or cyberattacks. While the Company maintains backups to ensure data recovery, this does not constitute an absolute guarantee against all possibilities of significant technical loss.

h) The User bears full responsibility for any unintended orders or financial losses resulting from the incorrect use of the Platform or the failure to follow the instructions and security measures prescribed by the Company.

i) The User acknowledges his responsibility for securing and protecting his personal devices against viruses and malware, and understands that the Company shall not be held liable for any technical damage to the User’s devices resulting from his interaction with the Platform.

7. User account cancellation

The Company may terminate the User's account in any of the cases stipulated in the Agreement at the Company's sole discretion; In order to protect the interests of the company and the interests of users of the platform.

7.1 Cases of User Account Cancellation

Without prejudice to any of the provisions of this agreement, the Company has the right at any time to cancel the user's account, suspend its operation temporarily, or suspend some services provided to the user's account, according to the company's sole discretion, and that is in the following cases:

a) The purposes of developing the Platform or the products offered in it, whether or not such action has been previously announced on the Platform.

b) When the user violates the terms and conditions stipulated in this agreement, any other agreement related to the use of the platform, or suspicious and unusual actions appear in the user's account on the platform.

c) When the user uses the platform in ways that harm the company.

d) When the user neglects his account on the platform, and does not use it for a period estimated by the company.

7.2 Effect of User Account cancellation

a) The company shall not be liable for the actual or potential damages that may occur to the user as a result of canceling or suspending the user's account.

b) The user is not entitled to retain any content related to the platform, after canceling or suspending his account on the platform.

8. privacy

a) This agreement is subject to the applicable legal provisions related to protecting users' personal data, protecting their credit information, and maintaining its confidentiality.

b) The company may collect, process and store data as it deems to be in the interest of users, in accordance with the applicable legal provisions.

c) For the purposes of investing in the Platform, the Company may share data with third parties who are legally authorized to process, retain and study data, in light of the applicable legal provisions.

d) The company is committed to taking all necessary and possible measures that are customarily and legally regarded to protect the data from manipulation and tampering with it, and to protect the data from loss, damage or access to it by unauthorized persons.

e) The user undertakes to maintain the confidentiality of the information he obtains through the platform, and the user bears liability for any leakage of that information, or its use in a way that causes harm to the company.

f) The user is obligated to notify the company of everything that suggests leakage, damage or corruption of information pertaining to everything related to the company's operations on the platform.

9. Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS)

9.1 User Declarations

a) The User acknowledges and warrants to the Company, upon registration on the Platform and during its use, as follows:

b) That all information and data provided by the User are true, complete, and up to date, including those related to his tax status.

c) Disclosure of his tax status accurately, including whether he is considered a U.S. person or subject to taxation in the United States of America or any other country outside the Kingdom of Saudi Arabia.

d) Providing the Tax Identification Number (TIN) or its equivalent for each jurisdiction of tax residence where required.

e) Undertaking to notify the Company immediately upon any change to his tax status or any related information.

f) The User acknowledges that the Company relies on the information and declarations provided by him, along with supporting documents, to determine his tax status and classification for international tax compliance purposes, including determining whether his account is reportable in accordance with applicable laws and regulations.

g) That indicia of tax residency do not constitute conclusive evidence in themselves, but require the Company to undertake additional verification procedures. Also, this includes determining his tax residence in any other country in accordance with the requirements of the Common Reporting Standard (CRS).

9.2 Indicia of Tax Residency

The User acknowledges that if he fails to notify the Company of the existence of any of the tax residency indicia set out below, the Company may rely on the information provided by him and classify him accordingly for tax compliance purposes. The User further undertakes that, in the event any of these indicia are present, he shall promptly disclose them to the Company, including but not limited to:

a) Holding U.S. citizenship or tax residency in the United States of America.

b) Place of birth in the United States of America.

c) Having a mailing or residential address in the United States of America.

d) Having a U.S. telephone number.

e) Standing instructions to transfer funds to an account in the United States of America.

f) Having a valid power of attorney or signatory authority granted to a person with an address in the United States of America.

g) Having “hold mail” instructions or a “care of” address associated with an address in the United States of America.

h) If he is subject to taxation in any country other than the Kingdom of Saudi Arabia.

9.3 Disclosure and Update Obligations

The User shall undertake to:

a) Provide the Company with any additional information or data it may request to verify his tax status.

b) Submit duly completed self-certifications or any required tax forms.

c) Update his information immediately upon any change in circumstances that may affect his tax classification.

d) Provide any supporting documents requested by the Company within the specified timeframe.

e) Provide the Company with the “Self-Certification Form for the Exchange of Information for Tax Purposes” upon account opening or upon request.

f) Provide the Company with Tax Identification Numbers (TINs) and any related information within the specified timeframe.

g) In the event that the User is an entity, he shall determine his status (Financial Institution or Non-Financial Entity), disclose his Controlling Persons where the entity is a Passive Non-Financial Entity, and provide the Company with all information relating to the tax residency of such Controlling Persons.

9.4 Company’s Right to Verify and Take Actions

The Company shall have the right, at its sole discretion, to:

a) Verify the accuracy of the information provided by the User using any means it deems appropriate.

b) Request any additional documents or information from the User or from any other legally available sources.

c) Rely on the information and declarations provided by the User without assuming any responsibility for their accuracy.

d) Use the information available to it or obtained from other sources to determine the User’s tax status.

e) Classify the account as reportable in the event of insufficient information or lack of cooperation by the User.

9.5 Non-Cooperation or Provision of Incorrect Information

In the event that:

• The User fails to provide the required information or documents; or

• Provides incorrect or misleading information; or

• Fails to update his information in a timely manner;

the Company shall have the right to take any of the following actions without any liability:

a) Restrict or suspend the User’s account or the services provided thereto.

b) Block or restrict access to funds or the portfolio.

c) Close the User’s account.

d) Classify the account as a reportable account in accordance with applicable laws and regulations.

e) Disclose the information to the competent authorities in accordance with the laws applicable in the Kingdom.

9.6 Disclosure to Competent Authorities

The User expressly agrees and acknowledges as follows:

a) Authorizing the Company to disclose his data and information to regulatory or tax authorities inside or outside the Kingdom whenever required under the applicable laws and regulations in the Kingdom.

b) That the Company shall report the account in accordance with the requirements of compliance with the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS).

c) The Company shall not be liable for any consequences or effects arising from such disclosure.

9.7 Supporting Documents

The Company may request supporting documents to evidence the User’s tax status, including but not limited to:

• Proof of tax residency.

• Official identification documents.

• Documents issued by governmental authorities.

• Any additional documents deemed necessary by the Company for compliance purposes.

9.8 Priority of Compliance

In the event of any conflict between the provisions of this clause and any other provisions of this Agreement, the provisions relating to compliance with the regulatory requirements of FATCA and CRS shall prevail to the extent necessary to ensure compliance.

10. Fees

a) The user must pay the fees listed under the list of “fees” announced on the platform to benefit from the services of the platform.

b) The company may amend the fees as it deems appropriate, provided that the effect of amending the fees occurs after notifying the user thereof, and the use of the platform by the user is considered an approval of this amendment.

c) The user undertakes to bear the costs of refunding their funds after investing them through the Platform, without any liability whatsoever on the Company.

11. Refunds

a) Users cannot recover their funds after investing them in the platform except in light of what is stipulated in the terms and conditions of the relevant issuance documents.

b) In the event that the required amount for the investment opportunity offered on the platform is not covered, the company will return the amounts to the users who invested in that investment opportunity.

12. Portfolio

a) The portfolio provides investment service in the Investment Opportunities that are offered on the platform.

b) The user may not use the Portfolio for any purposes other than those stipulated in this agreement.

c) If the user invests in any of the investment opportunities offered on the platform, including mutual funds or debt instruments, he agrees and acknowledges the terms and conditions of each relevant investment opportunity.

d) The company has the right to suspend the Portfolio services without prior notification to the user, with the aim of developing its products and upgrading the Portfolio services in line with the new products.

e) In its sole discretion, the Company may hold the funds in the Portfolio or partially restrict access to them in the event of existing disputes, or to protect the company from any security or financial risks, or if the user violates any of the terms and conditions stipulated in this agreement, or the appearance of Any suspicious actions on the Portfolio.

f) For the purposes of this Agreement, and regardless of the type or purpose of the transaction, the refund of any amounts deposited by the user through the Platform shall be subject to the terms and conditions of the relevant agreements governing such deposits and entered into by the user on the Platform. The user acknowledges that no related refund transaction can be executed if the user’s deposit of the amounts intended to be refunded was made through intermediaries, payment service providers, or external technical systems, as such deposits are subject to their own specific timeframes, within which the Company is unable to process any related refund in accordance with the applicable refund periods. The user further acknowledges and agrees that any processing times or delays arising from payment service providers or intermediary entities are beyond the Company’s control and shall not give rise to any obligation or liability on the Company. The provisions of this clause shall apply to all current or future payment methods approved on the Platform.

13. Prohibited actions

The company prohibits the issuance of Any instruments for activities and projects that are in violation of the applicable legal stipulations, the company may prohibit any action that results in a suspicious incident, including suspicion of money laundering and terrorism funding. The company works to achieve this by taking all the legal procedures used to confront these violations.

14. compensation

a) The Company shall not be liable for any claims or suits resulting from the User's violation of the provisions of this Agreement, or resulting from the User's use of the Platform.

b) The user concedes to compensate the company for any damages arising from his violation of the provisions of this agreement, or any damages resulting from the unauthorized use of the platform services by the user.

15. Conflict of interest

The conflict-of-interest provisions in this agreement are governed by the applicable legal stipulations.

15.1 Conflict of Interest Cases

It is considered a case of conflict of interest if the related parties engage in any of the following cases:

a) Ownership or membership of the board of directors of any beneficiary of the debt instruments which are offered on the platform.

b) Paying sums to any person who introduces a new beneficiary with the aim of hosting him on the platform, or receiving sums in any way (including obtaining ownership in the beneficiary) for the purpose of introducing him to the platform.

c) Ownership of a controlling stake or serving as a member of the board of directors of any independent entity that provides due diligence, evaluation or advice services to the beneficiary (financing applicant).

15.2 Addressing conflicts of interest

The conflict-of-interest situation shall be dealt with by disclosing the conflict-of-interest situation with the company by the relevant party and clarifying the impact of this case on the rest of the transactions, before offering the investment opportunity. The company must disclose on the company’s website the actual or potential conflict of interest case and the resulting effects.

15.3 Obligations of related parties

a) The related parties shall be fully aware of the conflict-of-interest provisions and abide by the requirements thereof.

b) Not to exploit the position to achieve private interests and put the interest of the company over their personal interests or any other interests.

c) Avoid falling into conflicts of interest as much as possible, and abide by the methods of dealing with them contained in the provisions of this agreement.

d) Maintain the confidentiality of information related to the company and not use it to achieve any personal goals or interests.

e) Preserving the company's property and assets.

16. legal compliance and disputes resolution

a) The terms and conditions of this agreement shall be governed and interpreted in accordance with the applicable legal stipulations in force in the Kingdom, including the rules, regulations and instructions of the Capital Markets Authority.

b) Any dispute that arises between the User and the Company regarding the interpretation or implementation of this Agreement or any of its clauses shall be resolved amicably, and if this is not possible, it shall be resolved by resorting to the competent judicial authorities in the Kingdom, in the city of Riyadh.

17. Miscellaneous

a) All credit/debit cards details and personally identifiable information will NOT be sold, shared, rented or leased to any third parties. Saudi Arabia is our country of domicile

b) Website will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Saudi Arabia

c) The Company may amend the Terms and Conditions of this Agreement as it deems appropriate, provided that the amendment becomes effective after notifying the User thereof. The User's use of the Platform shall be deemed an approval of such amendments.

d) The User’s act of clicking on any icon or checkbox labeled "I Agree", "I Accept", or any similar phrasing displayed through the Platform , shall constitute an express and final electronic consent by the User , and an acknowledgment of having read, understood, and accepted all terms of this Agreement, or any other related agreements, or any declarations, disclosure forms, or documents presented on the Platform.

e) We accept payments online using Visa and MasterCard credit/debit card in SAR.

f) Refunds will be done only through the Original Mode of Payment.

g) Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Saudi Arabia.

h) In the event of any conflict or discrepancy in interpretation between the Arabic and English versions, the Arabic version shall prevail and be the governing and binding version in all cases.