Terms & Conditions

Terms Of Use

This website policy is owned by Sahl Al-Tamleek Information Technology Company, registered with the Ministry of Commerce in the Kingdom of Saudi Arabia under Commercial Registration No. (1009194736).

Official Company Contact Details:

• Official Address: (AlQirwan), (Riyadh), Kingdom of Saudi Arabia.
• Phone Number: (0550806072).
• Official Email: (info@trysahl.sa).

Preamble

These Terms of Use (hereinafter referred to as the “Terms and Conditions”) constitute a legally binding agreement between the Company and the user, in the user’s capacity as a visitor to this website (hereinafter referred to as the “Website” or the “Platform”). The user’s access to or use of the Website shall constitute an express, irrevocable, and unconditional acceptance of these Terms and Conditions, and an acknowledgment that the user has read and fully understood them, whether the user is a registered user or not. Such acceptance shall be effective from the date of the user’s first access to the Website. If the user does not agree to these Terms and Conditions, the user shall not be entitled to access or use the services and must immediately cease browsing the Website. Any continued access to or use of the Website at any time thereafter shall constitute a conclusive acknowledgment of the user’s agreement to be bound by these Terms and Conditions and the Company’s Privacy Policy.

1. Definitions:

1. Updates to the Terms and Conditions:
   1. The User shall comply with these Terms and Conditions and review any updates thereto on a regular basis. The User’s access to or login to the Website shall constitute an express acceptance of all applicable Terms and Conditions in force, including any amendments thereto.
   2. The Company shall make these Terms and Conditions, and any updates thereto, available in a clear and accessible location on the Website to enable the User to review them at any time.
   3. The User’s continued use of the Website following any update to these Terms and Conditions shall constitute the User’s acceptance of the updated Terms and Conditions.
   4. The Company reserves the right to amend these Terms and Conditions at any time in accordance with the applicable laws and regulations in the Kingdom of Saudi Arabia. The Company shall notify the User of any material changes via email or through a notification on the Website.

1. Website Content:

The content made available on this Website is provided for the purpose of presenting investment opportunities that enable the User to participate in Fractional Ownership of income-generating real estate assets. The availability of the Website, content, prices, and specifications is subject to change from time to time in accordance with market conditions. The Company further reserves the right to amend, update, or remove any part of the Website content at any time and without prior notice.

1. Registration and Account Use:
   1. The Company reserves the right to accept, reject, suspend, or cancel the User’s Account if the User is found to be in breach of the Know Your Customer (KYC) requirements and procedures during registration.
   2. The User shall provide accurate, complete, and up-to-date information during registration. The use of false, misleading, or inaccurate information is strictly prohibited.
   3. The User shall bear full responsibility for safeguarding their login credentials, including the username, password, and any actions or transactions carried out through the User’s registered Account on the Website.
   4. The User shall be fully liable for any damages or losses arising from improper management of the password or failure to maintain its confidentiality.
   5. The Company may request additional information or documents to verify the User’s identity and to comply with Know Your Customer (KYC), anti-money laundering, and counter-terrorist financing requirements.
   6. The User acknowledges and agrees that use of the Website is at the User’s own risk, and that the User bears full responsibility for their use of the Website and any third-party content.
   7. In the event of any unauthorized access or suspected security breach, the User shall promptly notify the Company via email.
   8. The User shall ensure that all Account information is kept current and accurate at all times, including email address, contact details, and national identification information.
   9. The User may not assign, sell, transfer, or permit any third party to use or benefit from the User’s Account. The User shall remain solely responsible for all activities conducted through their Account.
   10. The Company reserves the right to suspend or terminate any Account that violates the Company’s Privacy Policy, these Terms and Conditions, or any applicable laws and regulations in force in the Kingdom of Saudi Arabia, including applicable digital use regulations in the Kingdom of Saudi Arabia or the User’s country of residence.
2. Privacy and Data Protection:

All personal data collected through the Website is subject to the Company’s Privacy Policy. The relationship between the User and the Company with respect to privacy and the protection of personal data shall be governed by the Privacy Policy available at the following link: (https://trysahl.sa/privacy-policy).

1. Security and Disclaimer:
   1. The User shall be solely responsible for assessing their financial position and ability to bear the risks associated with any subscription or investment prior to making any decision through the Platform.
   2. The Company does not warrant the availability, accuracy, completeness, or fitness of the Website content for any particular purpose, nor does it warrant that the Platform or its systems will be free from technical errors, interruptions, viruses, or other harmful components. The User acknowledges that the content or data made available through the Platform may contain errors or inaccuracies. The User undertakes not to introduce, or cause the introduction of, any viruses, malicious software, or other harmful components into the Platform, and to refrain from using any robots, crawlers, scraping tools, or similar technological means, whether directly or indirectly.
   3. The Company does not guarantee the achievement of any returns or profits from any subscriptions or Real Estate Opportunities offered through the Platform, and past performance of any Real Estate Opportunity shall not be indicative of future performance.
   4. To the extent permitted under applicable laws and regulations, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages, or for any loss of revenues or profits, arising out of or in connection with the use of the Platform, reliance on its content, or participation in Real Estate Opportunities, unless such losses result from the Company’s gross negligence or willful misconduct.

1. Eligibility:
   1. Use of this Website, creation of an Account, and access to its services are conditional upon the User having attained the age of eighteen (18) years and having full legal and regulatory capacity to act in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.
   2. The User must be eligible to own or lease real estate in accordance with the applicable laws and regulations in the Kingdom of Saudi Arabia, and in accordance with the terms and conditions of each Real Estate Opportunity.

1. Intellectual Property Rights:
   1. The Website contains materials that are owned by or licensed to the Company, including, without limitation, designs and graphics. No part of the Website, its content, or its services may be used for commercial purposes. The User may not reproduce, distribute, modify, create derivative works from, publicly display, upload, transmit, or store any Website content by any means whatsoever. Any unauthorized use of the Website content shall constitute a violation of the applicable copyright and intellectual property laws.
   2. The Company shall identify any trademarks displayed on the Website that are not owned by the Company or licensed to it as being owned by their respective proprietors.
   3. The User must not alter, obscure, or remove any trademarks or any indications of intellectual property rights from copies of materials obtained from the Website.
   4. The name of the Website, its logo, and all related names, logos, products, services, and designs are owned by the Company, its affiliates, or its licensors.
   5. The User may not use the Website name, logo, or any related names, logos, designs, products, or services, as they are owned by the Website, its affiliates, or its licensors and are protected under the applicable intellectual property laws.

1. Cookies and External Links:
   1. This Website uses cookies to monitor Users’ browsing preferences. By allowing the use of cookies, the User consents to the storage of non-directly identifiable information relating to the User.
   2. The Website may contain links to third-party websites. Such links do not constitute endorsement or approval by the Company, and the Company shall not be responsible for the content of such websites. The User accesses such links at the User’s own risk.
   3. The User is advised to refer to the Company’s Privacy Policy for further details regarding cookies and the manner in which information is used.
2. Services Provided and Real Estate Opportunities:
   1. Services Provided:
      1. Providing detailed information for each Real Estate Opportunity, including the nature of the Real Estate Opportunity, its characteristics, expected Returns, and potential risks. The Company does not guarantee the achievement of any Returns or profits from the Real Estate Opportunities offered on the Platform.
      2. Managing the real estate Wallet in accordance with the approved legal mechanisms, by providing tools that enable the User to monitor the Wallet and related real estate transactions.
      3. Managing the real estate Wallet and exercising the Usufruct Right in a manner that does not violate the applicable laws and regulations in the Kingdom of Saudi Arabia.
      4. Managing and distributing periodic Returns generated from the Real Estate Opportunities to Users in accordance with their respective ownership percentages.
      5. Managing exit processes from real estate assets in accordance with the mechanisms appropriate to the relevant real estate product.
   2. Real estate Opportunity Document:

The Company shall prepare a Real Estate Opportunity Document for each Real Estate Opportunity, which shall be made available to the User on the Platform.

1. Subscription to Real Estate Opportunities
   1. The Company enables the User to subscribe to the Real Estate Opportunities offered on the Platform in accordance with the structure applicable to each Real Estate Opportunity on a case-by-case basis.
   2. The minimum subscription amount for the Real Estate Opportunities generally starts from (One thousand ) Saudi Riyals; however, such minimum amount may vary depending on the nature of each Real Estate Opportunity.
   3. All subscriptions to Real Estate Opportunities are final and non-cancellable upon completion, and such subscription shall be legally binding on all parties.
   4. The contractual relationships between the User and the relevant parties shall be governed by the structure applicable to each Real Estate Opportunity and the laws and regulations in force in the Kingdom of Saudi Arabia.
   5. The User’s rights and obligations shall be subject to the terms and conditions of each Real Estate Opportunity, as clearly disclosed in the relevant Real Estate Opportunity Document prior to participation in the Real Estate Opportunity.
2. Returns and Exit:
   1. Distribution of Returns:
      1. Periodic Returns generated from a Real Estate Opportunity shall be distributed to Users in accordance with the distribution mechanism specified in the relevant Real Estate Opportunity Document applicable to each Real Estate Opportunity.
      2. The timing and percentages of Returns distribution shall be specified in the Real Estate Opportunity Document for each Real Estate Opportunity.
      3. The Company shall transfer the Returns to the User’s bank account registered on the Platform.
      4. Returns shall be subject to applicable taxes and fees in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia, including payment service fees deducted by financial institutions and electronic payment service providers.

1. Exit:
   1. The investment term and exit mechanism shall be specified in the relevant Real Estate Opportunity Document.
   2. Exit mechanisms may vary depending on the nature and structure of each Real Estate Opportunity and may include sale, liquidation, or any other appropriate exit mechanism.
   3. Exit proceeds shall be distributed to Users in accordance with the mechanism specified in the Real Estate Opportunity Document, after deduction of the fees and expenses related to the exit process.
   4. The Company may decide to extend the term of a Real Estate Opportunity in accordance with the mechanism specified in the relevant Real Estate Opportunity Document, where such extension is deemed necessary.
   5. If a User wishes to exit prior to the expiry of the term of a Real Estate Opportunity, such exit shall be subject to the terms and conditions specified in the relevant Real Estate Opportunity Document.

1. Liability, Investment Risks, Related Fees and Commissions, and Payment Methods:
   1. Liability and Investment Risks:
      1. The User acknowledges that real estate investment involves risks, including the possibility of partial or total loss of capital. The Company does not guarantee any specific returns or assured profits. The User shall be solely responsible for assessing the feasibility of the investment and the associated risks based on the User’s financial position and investment objectives.
      2. The User acknowledges and agrees that any content published on the Platform does not constitute a recommendation that any particular investment, investment portfolio, transaction, or investment strategy is suitable.
      3. The User expressly acknowledges that neither the Company nor any of its service providers, affiliates, or any third parties provide the User with personal advice regarding the nature of any potential purchase, or advice regarding the potential benefits, feasibility, value, or suitability of any specific purchase or any other matter.
      4. The User expressly acknowledges awareness of the risks associated with the real estate sector, which include, without limitation, the following:
         1. Fluctuations in real estate market prices.
         2. Liquidity risks and the difficulty of promptly liquidating tangible assets, rights, and real estate assets.
         3. Operational risks associated with property management.
         4. Financing and leverage risks where loans or financing arrangements exist in relation to the property.
         5. Legislative and tax risks related to the real estate sector.
         6. Economic, political, and regulatory risks that may affect the real estate market.

1. Related Fees and Commissions:
   1. The amount and/or percentage of each type of fee shall be specified in the Real Estate Opportunity Document applicable to each Real Estate Opportunity.
   2. The Company may charge the User administrative fees and/or commissions in consideration for managing investments and exit processes, or for providing certain services through the Platform. The Company shall clearly disclose any such fees or commissions to the User in advance and prior to the User’s approval.
   3. Financial institutions, payment service providers, or other third parties may impose additional fees or commissions in connection with the use of payment methods or the execution of transactions. Such fees shall be imposed in accordance with the terms and policies of such parties, are not under the Company’s control, and the Company shall not be liable for any fees or commissions so imposed. The User shall be responsible for paying such fees directly to the relevant parties.

1. Payment Methods
   1. The User may pay subscription fees for a Real Estate Opportunity and any other applicable fees using bank cards or bank transfer.
   2. If a payment transaction fails, the Company reserves the right to cancel the purchase request.
   3. All payments shall be made in Saudi Riyals (SAR) unless otherwise stated.
2. Refund Mechanism:

The mechanism for refunding amounts varies depending on the nature of each Real Estate Opportunity on a case-by-case basis, and amounts may not necessarily be refunded to the same payment method used by the User for the purchase. Any special and detailed terms applicable to the relevant investment opportunity shall be set out in the Real Estate Opportunity Document made available on the Platform.

1. Indemnity:

Pursuant to these Terms and Conditions, the User shall indemnify and hold harmless the Company and all of its branches and affiliates, and their respective officers, directors, shareholders, investors, employees, agents, representatives, legal counsel, heirs, successors, and assigns, from and against any and all claims, liabilities, expenses, costs, or losses of any kind that may arise as a result of the User’s misuse of the Website or breach of these Terms and Conditions.

1. General Provisions:
   1. These Terms and Conditions constitute the entire agreement between the Company and the User with respect to their subject matter and supersede any prior agreements or understandings, whether oral or written.
   2. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
   3. The User may not assign or transfer any of the User’s rights or obligations under these Terms and Conditions without the Company’s prior written consent.
   4. In the event of any conflict or inconsistency between the Arabic and English versions of these Terms and Conditions, the Arabic version shall prevail and be construed accordingly.
   5. Any misuse of the Website may result in the initiation of the necessary legal actions in accordance with the applicable laws and regulations.
   6. The Company reserves the right to suspend or deactivate the Website without prior notice.
2. Governing Law and Dispute Resolution:

These Terms of Use shall be governed by all applicable laws, regulations, and directives in force in the Kingdom of Saudi Arabia. In the event of any dispute or disagreement arising between the parties in connection with the interpretation or execution of these Terms or any related matters, and where such dispute cannot be resolved amicably within thirty (30) days from the date on which either party notifies the other in writing of the existence of the dispute, the matter shall be referred to the competent courts in the City of Riyadh for resolution, in accordance with the applicable laws and regulations of the Kingdom of Saudi Arabia.