Terms of Use

Last Update: 08 August 2020

SIRC Digital Waste Management Platform

INTRODUCTION

  1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") on the one part and Construction and Demolition Services for Waste Recycling Company LLC ("SIRC") and Base Alpha Ltd ("BA", and with SIRC each and/or together "we," "us" or "our"), concerning your access to and use of the Saudi Investment Recycling Company Digital Waste Management Platform (the "Platform"). BA host and maintain the Platform on behalf of SIRC.
  2. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
  3. Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform after the date such revised Terms are posted.
  4. Use of the Platform may form part of separate contractual obligation you hold with SIRC in order to carry out work or services with, for or on behalf of SIRC. Failure to agree to or abide by these Terms and Conditions may therefore impact your ability to meet any such contractual obligations.

AUTHORISED USERS OF THE PLATFORM

  1. The Platform is provided to enable and assist SIRC with certain professional activities and services they undertake. Successful registration on the Platform will involve an approval process administered by SIRC and over which BA exercise no control nor influence. SIRC is solely responsible for determining, authorising and managing which users have an appropriate business justification for access to and use of the Platform. Users granted access to the Platform by SIRC will be referred to as Authorised Users.
  2. The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Platform.

USER REPRESENTATIONS

  1. By using the Platform, you represent and warrant that:
    1. all registration information you submit will be true, accurate, current, and complete;
    2. your name, a valid email address or telephone number, and any other information reasonably requested will be provided to register on the Platform.
    3. you will maintain the accuracy of such information and promptly update such registration information as necessary.
    4. your login may only be used by the individual to whom it has been assigned.
    5. you are responsible for maintaining the security of your account and password. The sharing or divulging of account passwords to third parties is strictly prohibited. We cannot and will not be liable for any loss or damage from your failure to ensure the security of your account.
    6. You shall notify SIRC immediately in the event a User ID or password is lost, stolen or you believe your credentials have been otherwise compromised. In such circumstances, the User shall also endeavour to change the password at the first available opportunity.
    7. you have the legal capacity and you agree to comply with these Terms of Use.
    8. you are not under the age of 18.
    9. you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise.
    10. you will not use the Platform for any illegal or unauthorized purpose; and
    11. your use of the Platform will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform(or any portion thereof).

PROHIBITED ACTIVITES

  1. As a user of the Platform, you agree not to:
    1. use the Services for any illegal or unauthorised purpose.
    2. in the use of the Services, violate any laws where SIRC operates its activities or uses the Platform or Services (including but not limited to copyright or trademark laws).
    3. modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, BA, or any other BA service.
    4. reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform elements, Services, use of the Services, or access to the Services without the express written permission by us.
    5. use the Platform for the purposes of (i) advocating hatred based on race, religion, nationality, ethnicity, sex, gender identity, sexual preference, disability; (ii) promoting war; and/or (iii) planning or promoting the commission of a crime.
    6. upload, post, host, or transmit unsolicited email, SMSs, "spam" messages or any material that is offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable.
    7. transmit any worms or viruses or any code of a destructive nature.
    8. carry out any activity that might render the Platform and/or the SIRC network target of attacks.
    9. carry out any act disrupting and/or resulting in a disproportionate interference with the operation of the Services, Platform or SIRC network and/or that causes an excessive use of resources.
    10. carry out any act resulting in the infringement of intellectual property rights, including downloading, uploading, sharing, copying or using copyright-protected materials without being expressly authorised by the owner of such materials.
    11. carry out any act resulting in the publication of confidential without being expressly authorised by the owner of such information.
  2. While BA and SIRC prohibits offensive conduct and content posted on the Services, neither SIRC or BA can be responsible for any content or data inputted on the Services and you may be exposed to such materials. You agree to use the Services at your own risk with respect to the content and data on the Platform.
  3. SIRC and/or BA may, but have no obligation to, remove content and accounts containing content that it determines in its sole discretion infringes the conditions under these or any of the terms under the Master Licence.

INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise indicated, the Platform is BA’s proprietary property. Platform components include, but are not limited to the following: Platform file structures and encumbrances; data architecture and databases; identity Management System; Application Programming Interfaces (APIs) to manage certifications, to manage and transfer assets and to expose Platform functionality to its web and mobile apps; frontend interface integrations; AI and machine learning algorithms and integrations. Platform components are owned or controlled by BA or licensed to BA, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Arab Emirates, foreign jurisdictions, and international conventions.
  2. The Platform’s end-user facing interfaces (the "Product") consists of various web and mobile applications, including the Driver mobile application and Vendor web application, to which these Terms of Use apply. Product components include but are not limited to the source code, interface and graphical design for these web and mobile applications as well as anydesigns, audio, video, text, photographs, and graphics, and the trademarks, service marks, and logos contained therein (the "Marks"). The Product and the Marks are SIRC’s proprietary property. Except as expressly provided in these Terms of Use, no part of the Platform may be copied, reproduced, reverse engineered, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission of the relevant party.
  3. Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform. We reserve all rights not expressly granted to you in and to the Platform.

USER GENERATED CONTRIBUTIONS

  1. The Platform may invite you to contribute to, or participate in functionalities that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us, SIRC or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). All such Contributions will be invited exclusively in the course of your professional activities with, for or on behalf of SIRC. Contributions may be viewable by other users of the Platform. All Contributions will become and remain the property of SIRC.
  2. When you create or make available any Contributions, you thereby represent and warrant that:
    1. Your Contributions are not false, inaccurate, or misleading.
    2. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    3. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    4. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
    5. Your Contributions do not violate any applicable law, regulation, or rule.
    6. Your Contributions do not violate the privacy or publicity rights of any third party.
  3. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

PLATFORM MANAGEMENT

  1. We reserve the right, but not the obligation, to:
    1. monitor the Platform for violations of these Terms of Use.
    2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
    3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
    4. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
    5. otherwise manage the Platform in a manner designed to protect the rights and property of BA and SIRC and to facilitate the proper functioning of the Platform.

PRIVACY POLICY

  1. We care about data privacy and security. Please review our Privacy Policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

TERM AND TERMINATION

  1. These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, BA AND SIRC RESERVE THE RIGHT TO, IN EITHER OF OUR SOLE DISCRETIONS AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
  2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

  1. We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
  2. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

  1. These Terms of Use and your use of the Platform are governed by and construed in accordance with the laws of the Abu Dhabi Global Markets (ADGM).

DISCLAIMER

  1. THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE PLATFORM FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.