Sahem Platform is a specialized electronic platform that provides various services, including the distribution of investment funds and real estate investment funds, in addition to offering debt instruments such as Sukuk as investment opportunities. The Platform aims to provide innovative financing and investment solutions that connect investors with fund managers, and connect investors with small and medium enterprises seeking financing. The Platform acts as an intermediary by providing details about investment opportunities without providing any securities analysis or direct investment advice.
It is important for investors to know that all investments offered through Sahem Platform are classified as high-risk investments, which may result in the partial or total loss of capital. Therefore, the Platform advises against investing funds that you cannot afford to lose. Sahem also confirms that the information provided regarding investment opportunities is presented as-is, without guaranteeing its accuracy or full suitability.
Sahem undertakes to update the Terms and Conditions governing the use of the Platform on a periodic basis, and users must review them on an ongoing basis. Your continued use of the Platform constitutes implicit acceptance of these Terms.
Sahem Platform is not merely a means of displaying investment opportunities; rather, it is a window for empowering entrepreneurs and achieving investors’ aspirations, which enhances its role as a key driver of growth in the investment sector.
Acknowledgment and Notice:
All users and investors must read the Terms and Conditions very carefully and understand the details of the services provided by Sahem Financial Platform, as these Terms determine the obligations and rights between the Platform and the user. Please refrain from using the Platform if you do not understand all provisions of the Agreement or do not agree to them.
The Platform provides services for investing in investment units of funds licensed by the Capital Market Authority. These services are provided to investment funds and investors wishing to purchase units, while emphasizing the importance of reviewing and complying with the terms and conditions of each fund. In addition, the Platform offers innovative solutions to connect financing seekers with investors by offering debt instruments (such as Sukuk) and investing in them, which contributes to facilitating the financing process and achieving the investment objectives of both parties.
All investments available on the Platform, including investment funds and debt instruments, are classified as high-risk investments, and losses may reach the full value of the investment. In the event of a loss—God forbid—the loss shall be limited to the invested amount only. Accordingly, the Platform recommends reviewing the terms and conditions of the investment funds and the Information Memorandum/Prospectus of the debt instrument before making an investment decision.
The user acknowledges understanding that Sukuk financing programs, investment funds, and real estate investment funds are forms of long-term investment, and that the ease of presenting these opportunities through the Platform or using evaluation tools does not change their nature, which requires an extended period to achieve the expected returns.
The user acknowledges that he alone bears full responsibility for all investment decisions he makes with his free will and full legal capacity, including their consequences, effects, and risks. The final decision to invest is made solely based on his personal desire, without any pressure, inducement, temptation, exploitation, or falsification of facts by Sahem Platform. The user’s use of the Platform and acceptance of the Terms and Conditions is deemed an express acknowledgment thereof.
The user acknowledges that his application to invest in one of the debt instruments (Sukuk) offered on the Platform means that he appoints Sahem Financial Platform Company, unconditionally and irrevocably, as his investment agent, with full authority to act and represent him in dealing with any investor, financed company, intermediary, custodian, counterparty, special purpose entities, or others, and to prepare and deliver any documents, and to take any other action the Platform deems necessary or appropriate to execute the request.
All Terms and Conditions set forth in this document shall be valid and effective. The Platform reserves the right to amend, develop, or update them from time to time in a manner that ensures the protection of the interests of all relevant parties, including investors and others.
This preamble is an integral part of the Terms and Conditions document; it shall be interpreted in accordance with the other Terms and shall not limit or restrict the effects or enforceability of any provisions contained in the document or any other related document.
Definitions
The words and expressions contained in this document shall have the meanings set forth opposite each of them, unless the context requires otherwise:
Company: Sahem Financial Platform Company, established pursuant to the Saudi Companies Law under Commercial Registration No. 1010792110 dated 27/08/1443H, and authorized by the Capital Market Authority within the FinTech Lab on (5/30/2022). The Company’s address is the Kingdom of Saudi Arabia.
User: The natural or legal person who browses Sahem Financial Platform or uses its services for the purpose of exploring investment opportunities, reviewing information, or creating an account, without undertaking any financial or investment obligations.
Investor/Client: The natural or legal person who purchases investment units in the offered funds or invests in debt instruments available on Sahem Financial Platform for the purpose of achieving financial returns or participating in investment activities.
Investment Wallet: A wallet created in the name of the user through the Platform, which the user funds through cash deposits via the methods available on the Platform.
Agreement: These Terms and Conditions.
Anti-Cyber Crime Law: The Anti-Cyber Crime Law issued by Royal Decree No. (M/17) of 1428H.
Anti-Money Laundering Law: The Anti-Money Laundering Law issued by Royal Decree No. (M/20) of 1439H.
Companies Law: The Companies Law issued by Royal Decree No. (M/132) of 1443H and any amendments thereto.
Capital Market Law: The Capital Market Law issued by Royal Decree No. (M/30) dated 02/06/1424H.
Investment Funds Regulations: Issued by the Capital Market Authority Board pursuant to Decision No. (1-219-2006) dated 03/12/1427H, as amended by the Capital Market Authority Board Decision No. (1-61-2016) dated 16/08/1437H, as amended by the Capital Market Authority Board Decision No. 2-22-2021 dated 12/7/1442H corresponding to 24/2/2021G.
Real Estate Investment Funds Regulations: Issued by the Capital Market Authority Board pursuant to Decision No. 1-193-2006 dated 19/06/1427H pursuant to the Capital Market Law issued by Royal Decree No. (M/30) dated 02/06/1424H, as amended by the Capital Market Authority Board Decision No. 2-22-2021 dated 12/7/1442H corresponding to 24/2/2021G.
Authority: The Capital Market Authority in the Kingdom of Saudi Arabia.
Services: All related services provided by Sahem Platform through its website or application, and what relates thereto and branches therefrom.
Sahem/Platform: A financial electronic platform التابعة to Sahem Financial Platform Company, which provides financial services through the website or application.
Application or Website: The website of Sahem Financial Platform Company through which investment opportunities are offered.
Fees and Costs: A specified percentage that includes administrative fees and the Platform’s operating costs.
Investment Fund: A collective investment program that aims to enable investors to participate collectively in the profits of the program and is managed by the fund manager مقابل fees specified.
Fund Manager: A financial brokerage company licensed by the Capital Market Authority to manage funds in return for specified fees.
Real Estate Developer: A company engaged in real estate development that contracts with the fund manager to implement the project for which the fund was established.
Investment Unit: Ownership rights in the fund’s capital that are owned by the investor upon subscription in the fund, and the total value of the investment units represents the fund’s specified capital.
Investment Account: A virtual account specific to the investor that is created immediately upon registration on the Platform, enabling the investor to conduct all financial transactions داخل the Platform.
Opportunity/Contribution: Refers to investment opportunities available through Sahem Financial Platform, whether provided by licensed investment funds or through Sukuk issuances. These opportunities are offered to enable investors to invest in them in accordance with approved regulatory frameworks.
Financing Seekers: Companies or institutions that request financing through the Platform.
Debt Instruments Offering and Investment Activity: Arranging the issuance and offering of debt instruments to finance the projects of companies seeking financing (“Entities”) by displaying such opportunities on a platform established for the purpose of offering and investing in debt instruments (“Platform”) to investors who are clients of this Platform.
Financed Company: Companies that, through the Platform, provide and display their information and the Sukuk issued by them.
Issuance Program: A program for which one prospectus is issued in accordance with the Rules on the Offer of Securities and Continuing Obligations, under which a number of debt instruments or convertible debt instruments may be issued in the future, as set out in the prospectus.
Issuer Insolvency Risk: The risk of insolvency of the partner—Company—which results in the bankruptcy of Sukukholders leading to a total loss.
Volatility Risk: Misconduct by employees or members resulting directly or indirectly in insolvency.
Non-Diversification Risk: The investor’s failure to achieve any diversification in the investment portfolio, which may be avoided by distributing investment amounts across multiple companies.
Exit Difficulty: Special circumstances related to exitability, and there is no secondary market for trading Sukuk at this time.
Enabling Users to Invest: These Terms and Conditions aim to regulate the relationship between “Sahem” and users and clarify their rights and obligations within the framework of the investment process through the Platform.
Sahem as a Platform: “Sahem” is an electronic platform that enables users to review investment offers provided by fund managers and debt instrument issuers, where such parties publish information relating to investment opportunities through the Platform to facilitate users’ access thereto and enable them to make their investment decisions based on clear and reliable data.
The contractual relationship between Sahem Platform and its users is determined based on the nature of the investment instrument, as follows:
Investment Funds:
Sahem Platform operates as a digital distributor of investment units in licensed investment funds, enabling investors to review available funds and execute subscription and redemption transactions through its digital channels.
The Platform’s role is limited to marketing and distributing investment fund units and displaying information provided by fund management entities, without any involvement in fund management or making any investment decisions.
The Platform is not a contracting party in the management of investment funds and bears no financial or investment responsibility for their performance or the returns generated therefrom.
The licensed fund manager bears full responsibility for the management of the fund and its investment performance in accordance with the regulations of the Capital Market Authority.
Debt Instruments (Sukuk):
Sahem Platform operates as an electronic platform facilitating investment in debt instruments, providing investors with access to available offerings and enabling subscription and investment through its digital channels.
The Platform’s role is limited to providing the technical and regulatory services necessary to facilitate such processes, including providing information approved by issuing entities, coordinating subscription procedures, and communicating with relevant parties.
The Platform is not a contracting party in the issuance or management of debt instruments and bears no financial or investment obligations related to the performance of such instruments or the returns generated therefrom.
The issuing entity and the special purpose entity bear full responsibility for the investment risks and financial obligations associated with debt instruments, in accordance with the regulations of the Capital Market Authority.
Platform Services
Offering Investment Opportunities: Providing investment opportunities by investment fund managers and real estate investment fund managers, in addition to offering and investing in debt instruments (Sukuk), while providing all information required and mandated by the Capital Market Authority.
Opening Investment Accounts: Enabling users to open investment accounts to deposit amounts intended for investment, whether for investment in investment funds, real estate investment funds, or debt instruments (Sukuk), according to their personal choices.
Execution of Investment Orders: Executing users’ orders to subscribe to investment funds, real estate investment funds, or debt instruments (Sukuk), based on the amounts and quantities specified by them.
Displaying News and Disclosures: Providing all news and disclosures related to investment funds, real estate investment funds, and debt instruments (Sukuk) listed on the Platform, making them available to investors at all times.
Depositing Investment Proceeds: Depositing investment returns into the investor’s account after receipt from fund managers or debt instrument issuers, with the ability to transfer them directly to the user’s bank account.
Registration
(a) Registration:
Registration is limited to individuals and institutions that meet the eligibility requirements specified in the Investment Accounts Regulations issued by the Capital Market Authority.
Accurate and correct information must be provided when creating an account.
Registration is not required to explore the Platform as a visitor; however, certain sections of the website may be restricted and require valid registration and acceptance of the Terms and Conditions. The Platform reserves the right to impose restrictions on certain parts of the website at its absolute discretion.
(b) Confidentiality and Responsibility:
The user bears responsibility for maintaining the confidentiality of their username and password.
The user must immediately notify the Platform upon discovering any unauthorized use of their account or password.
The user is responsible for all activities conducted through their account, whether authorized or not.
(c) Updating Data:
The user must update their data immediately upon any changes to ensure its accuracy.
The Platform reserves the right to cancel the account without prior notice if inaccurate or outdated data is discovered.
(d) Verification Procedures:
The Platform has the right to verify the accuracy of the provided data by any means it deems appropriate to ensure compliance with standards and requirements.
The Platform does not bear responsibility for the accuracy of the data provided by the user, but reserves the right to verify, cancel the account, or reject the request if the information proves to be incorrect.
The Platform may request additional documents to verify the user’s identity when necessary.
(e) User Obligations:
The user acknowledges that they are not subject to, nor listed—personally or otherwise—on any international or legal lists that prohibit or restrict registration or use of the Platform, and that they are not owned or controlled by any party listed on sanction lists.
The user bears full responsibility for providing correct and complete data and undertakes to provide any additional information requested by the Platform to verify identity or financial suitability. If inaccurate data is proven, the user bears all resulting liabilities.
User registration and investment in any investment opportunity reflects full understanding and acceptance of the Terms and Conditions relating to investment risks, including the possibility of partial or total loss of capital.
Investor Obligations
(a) Eligibility and Authorization:
The investor acknowledges that they are eligible to register on and use the Platform and that they possess the legal authority and capacity required to enter into and perform this Agreement.
If the investor represents an entity or institutional investor, they warrant that they are duly authorized to represent such entity and that such authorization shall remain valid throughout the period of Platform usage.
(b) Updating Information and Disclosure:
The investor undertakes to provide accurate, correct, and up-to-date information, including any documents required by the Platform or regulatory authorities.
The investor undertakes to update their data immediately upon any material changes that may affect their financial or legal status, including, without limitation, changes in ownership or financial obligations.
The Platform shall send a notification requesting data update ninety (90) days prior to the expiration of the national ID or residence permit. Failure to respond within the specified period shall result in freezing the investment account until the update process is completed.
The investor warrants compliance with all applicable laws and regulations, including Anti-Money Laundering and Counter-Terrorism Financing regulations.
(c) Account Confidentiality:
The investor bears responsibility for maintaining the confidentiality of account information and passwords.
Sharing or allowing unauthorized use of the account is prohibited.
The Platform must be notified immediately of any unauthorized use or breach of the account.
(d) Lawful Use:
The investor undertakes to comply with applicable laws and regulations.
The investor undertakes to use the Platform only for authorized purposes and not for any fraudulent or unlawful activities.
The investor undertakes not to disrupt or attempt to disrupt or harm the Platform’s services in any manner.
(e) Liability:
The investor bears full responsibility for the use of their account, including any transactions conducted through it.
The investor undertakes to provide the Platform with any additional information or documents requested to meet legal or regulatory requirements.
(f) Platform Rights:
The Platform reserves the right to verify the accuracy of submitted information and documents and to request additional documents when necessary. The investor must provide such documents or information within a maximum of seven (7) business days from the date of request.
The Platform has the right to accept or reject any registration or investment request at its discretion.
The Platform may suspend or cancel the account in case of non-compliance with the Terms or submission of false information.
Platform Obligations
(a) Personal Data Protection:
The Platform undertakes to protect investors’ personal data by implementing advanced security and technical measures in accordance with best practices and standards issued by the National Cybersecurity Authority and the Capital Market Authority.
The Platform guarantees notifying the investor immediately in the event of any security breach that may affect their personal data.
(b) Transparency and Investor Notification:
The Platform undertakes to notify the investor of any changes to the Privacy Policy or the Terms and Conditions through approved communication channels.
The Platform clearly discloses all fees and costs associated with the provided services in advance.
(c) Service Provision:
The Platform ensures that its services are provided in a stable and secure manner that serves investors’ interests.
The Platform undertakes to remedy technical or operational malfunctions that may affect service quality as soon as possible.
(d) Compliance with Laws and Regulations:
The Platform applies all laws and regulations in force in the Kingdom of Saudi Arabia, including the Personal Data Protection Law, Anti-Money Laundering and Counter-Terrorism Financing laws, the Companies Law and its Implementing Regulations, and all requirements of the Capital Market Authority.
(e) Complaint Handling:
The Platform undertakes to provide a clear and accessible mechanism for investors to submit complaints or inquiries.
The Platform undertakes to handle complaints within a reasonable timeframe and to notify the investor of the outcomes.
(f) Destruction of Personal Data:
The Platform undertakes to destroy the investor’s personal data immediately upon the expiration of the purpose for which it was collected, in accordance with personal data protection laws.
(g) Non-Disclosure of Data:
The Platform undertakes not to disclose the investor’s personal data to any third party except with the investor’s explicit consent or as required by applicable laws and regulations.
(h) Investor Rights:
The Platform guarantees the investor’s right to access and manage their personal data in accordance with applicable regulations.
The Platform undertakes to provide investors with the information necessary to clearly evaluate investment opportunities.
Intellectual Property Rights
All intellectual property rights related to Sahem Financial Platform, including its services, concept, content, design, structure, trademark, and published content, as well as any future innovations, patents, profits, rights, or gains, whether collectively or individually (“Intellectual Property”), are the exclusive and sole property of Sahem Financial Platform. Copying, imitation, modification, or translation of any part of the Platform or its content in any form is strictly prohibited without prior written authorization from the Company.
(a) User Obligations:
The user undertakes not to use the Platform or its content in any manner that infringes the Platform’s intellectual property rights.
The user bears full responsibility for any breach of the Terms or infringement of intellectual property rights and undertakes to indemnify the Platform for any direct or indirect losses or damages.
(b) Perpetuity of Rights:
The Platform’s intellectual property rights remain valid indefinitely and are not subject to limitation.
(c) Protection of Rights:
The Platform reserves the right to take all legal measures necessary to protect its intellectual property rights, including blocking or restricting access to the Platform or its content in the event of infringement, and suspending or limiting access to the Platform or any part thereof.
The Platform has the right to request the removal of any content uploaded by the user if it is found to infringe intellectual property rights.
(d) Compliance with Laws and Regulations:
Use of the Platform and any services provided through it is subject to the laws and regulations of the Kingdom of Saudi Arabia, including intellectual property protection laws.
(e) User Notification:
The Platform undertakes to notify users of any changes to the intellectual property policy through approved communication channels.
Investment Wallet
(a) Opening the Investment Wallet:
The Platform enables the user to open a virtual investment account with the bank operating the Platform for the purpose of depositing funds allocated for investment, in accordance with the regulations and instructions issued by the Capital Market Authority.
Opening the investment account is subject to identity verification requirements and fulfillment of all relevant regulatory conditions.
(b) Transfers and Withdrawals:
The user may transfer funds from the wallet to their registered bank account through the control panel.
Investment returns resulting from investments are deposited directly into the wallet, and the user has the right to withdraw such returns in accordance with the procedures approved by the Platform.
(c) Reinvestment:
The user may choose to reinvest the available balance in their wallet in new investment opportunities listed on the Platform, subject to the minimum investment requirements for each opportunity.
(d) Refund of Funds:
If the minimum required amount for an offering is not reached or if an investment opportunity is cancelled, the deposited amount shall be returned to the wallet without any deductions or additional fees. The user may withdraw it to their bank account or reinvest it.
(e) Usage Limits:
Use of the investment wallet is limited exclusively to investing in opportunities available through the Platform and may not be used for any other purpose, including payments or transfers to third parties.
(f) User Rights and Obligations:
The user has the right to access all information related to investment opportunities published on the Platform, including disclosures related to investment funds and debt instruments.
The user acknowledges that investment through the Platform constitutes a direct contractual relationship between the user and the fund manager offering the investment opportunity or the debt instrument issuer.
The user must review and approve the terms and conditions of each investment opportunity before making an investment decision.
The user may monitor investments and evaluate performance through the control panel, including reviewing investment status, progress percentages, periodic disclosures, participation in general assemblies, and exit and liquidation procedures.
Subscription Fees and Charges
(a) Subscription Fees:
Registration on Sahem Financial Platform does not incur any fees.
Investment in investment opportunities is subject to variable subscription fees determined based on the type and size of the fund or debt instrument.
Value Added Tax (VAT) at a rate of 15% shall be added to the subscription fees.
(b) Withdrawal and Deposit Fees:
The Platform bears all costs related to withdrawing funds from the investment wallet to the investor’s registered bank account.
With respect to deposit transactions, the investor bears bank transfer fees, while the Platform bears fees associated with payments via “Mada” and “Apple Pay”.
(c) Additional Fees:
The Platform may impose additional fees for specific services, provided that such fees are disclosed in advance.
The Platform reserves the right to amend fees upon prior notification to the user, and continued use of the services shall constitute acceptance of such amendments.
(d) Non-Refundable Fees:
The user acknowledges that certain fees are inherently non-refundable, including fees payable to third parties providing essential services to the Platform, governmental fees, or similar charges.
Taxes
The investor shall bear all applicable taxes imposed on the services, including Value Added Tax or any fees imposed pursuant to applicable laws or decisions issued by competent authorities.
Refund of Amounts
As a general rule, invested amounts are non-refundable, except in the following cases:
(a) Failure to Reach the Minimum Threshold:
If an investment opportunity fails to reach the minimum required amount, the Company shall refund the invested amounts to investors’ accounts within five (5) business days.
(b) Cancellation of the Offering:
If the investment offering is cancelled by the Company for any reason, the amounts shall be refunded to investors within five (5) business days.
(c) Rejection or Reversal of Transactions:
If any transaction is rejected or reversed for any reason whatsoever, including cancellation by the bank or payment service provider, or where it is reasonably likely that it will be cancelled.
(d) Compliance or Risk-Related Reasons:
If the Company cancels an investment transaction for compliance or risk-related reasons, the amounts shall be refunded within five (5) business days.
In all cases, Sahem Financial Platform’s liability shall be limited solely to refunding the investment amount, without bearing any additional liability for damages arising from loss or otherwise.
Error Correction
The Platform has the right to correct any financial errors by posting debit or credit entries to the investment wallet account, and the investor acknowledges and agrees thereto.
Protection of Funds
Funds received shall be deposited into the client’s investment account as soon as practicable in accordance with regulatory procedures. If funds are received after official working hours, they shall be deemed received on the next business day.
The Platform segregates client funds from its operational funds and may not use them for operational purposes in accordance with Capital Market Authority regulations.
The Platform may restrict access to the client’s investment wallet or freeze funds in cases of legal disputes or compliance with regulatory requests issued by competent authorities, in accordance with precautionary attachment rules and financial compliance procedures stipulated in the Financial Market Institutions Regulations.
In the event the account is suspended at the request of the Authority or due to non-compliance with regulatory requirements, the client shall be notified of the action taken and its reasons in accordance with Capital Market Authority regulations.
Payment Method and Execution of Financial Transactions
(a) Execution of Financial Transactions:
All financial transactions are executed based on the information provided by the user, who bears full responsibility for the accuracy and correctness of such information.
The Platform reserves the right to verify bank account details and ensure consistency with the user’s investment account prior to executing any financial transaction.
The Platform may reject or suspend any financial transaction if it suspects non-compliance with applicable laws and regulations.
(b) Payment and Collection Methods:
Payments are processed through methods approved by the Platform, including direct bank transfers to investment accounts registered in the user’s name.
The Platform may impose processing fees for financial transactions, which shall be disclosed in advance in accordance with Capital Market Authority regulations.
Any additional costs resulting from user errors in providing payment details shall be borne solely by the user.
(c) User Responsibility for Financial Information:
The user bears full responsibility for the accuracy and completeness of financial information provided, including bank account details.
The Platform bears no responsibility for failed transactions or lost funds due to incorrect information provided by the user.
The Platform reserves the right to reject or suspend any transaction if suspicious or non-compliant activity is detected, or if required by regulatory authorities pursuant to Anti-Money Laundering and Counter-Terrorism Financing regulations.
The Platform does not accept cash payments or unapproved payment methods.
If a user receives funds in error, the user must return such funds immediately upon request by the Platform, failing which the Platform may take legal action.
Settlement of Financial Disputes
(a) Notification of Disputes:
The user must immediately notify the Platform upon discovering any unauthorized or incorrect transactions related to their investment account.
The user bears responsibility for reviewing and verifying financial transactions.
(b) Investigation Procedures:
Upon receiving notice of a disputed transaction, the Platform shall initiate an internal investigation to verify the transaction and take necessary action.
The user shall be notified of the investigation results and actions taken in accordance with regulatory requirements.
(c) Error Correction:
If an error is confirmed, the Platform shall correct it in accordance with approved procedures, either by refunding the amount to the investment wallet or correcting related financial data.
(d) User Responsibility:
The Platform bears no responsibility for errors resulting from incorrect data entered by the user.
Priority of Settlement
Refunded amounts shall be settled in the following order:
Payment of transaction-related costs and expenses.
Settlement of amounts due to investors.
Return of any surplus amounts to relevant parties.
Suspension and Cancellation of Investment Wallet
Sahem Platform reserves, at its sole discretion, the right to suspend or cancel any financial or investment transaction for any reason, without prior notice, including suspending access to the investment wallet or freezing funds where necessary, particularly in cases including but not limited to:
User breach of the Terms and Conditions or Platform policies.
Exposure of the Platform to financial, security, or operational risks.
Existence of disputes or suspicious transactions related to the user’s account.
Issuance of an enforcement request, judicial order, or governmental decision relating to the investment wallet account.
Cancellation of Subscription
The investor may cancel a subscription to investment opportunities within a period specified in the terms and conditions of each opportunity, provided that the offering has not been closed.
Limitation of Liability
The user bears full responsibility for investment decisions, and the Platform bears no direct or indirect losses arising therefrom, including loss of profits, returns, data, or reliance on information provided through the Platform.
The Platform’s liability, its employees, and agents shall not exceed the total fees paid by the user for the services, whether contractual or tortious.
Platform responsibility for a successful investment begins only upon issuance of a confirmation message to the investor confirming receipt of funds and fulfillment of requirements.
Disclaimer
Under no circumstances shall the Platform be liable for:
Failure to achieve profits or returns.
Partial or total loss of investment.
Loss of capital.
Consequential or indirect damages.
Loss of data due to non-intentional causes or technical failures beyond the Platform’s control.
Liability for Errors and Transactions
(a)
The Platform shall be responsible for correcting errors resulting from its operations within reasonable limits; however, it shall not be responsible for errors resulting from the user’s entry of incorrect or incomplete data.
(b)
The Platform shall not be liable for unauthorized or delayed transactions unless such transactions result from gross negligence on the part of the Platform.
Liability in Case of Restricted Access and Protection of Funds
The Platform has the right to restrict access to or freeze the investment wallet in the following cases:
Existence of legal or financial disputes.
User’s breach of the Terms and Conditions of use.
Existence of security or financial risks that threaten the Platform or other users.
The Platform shall bear responsibility for funds only after they have been officially received and credited to the user’s investment account in accordance with applicable regulatory procedures. In the event access to the wallet is suspended, the user may submit a review request in accordance with the procedures determined by the Platform.
Relationship with Third Parties
(a)
Issuers of investment opportunities and third parties bear full responsibility for the accuracy and integrity of the data and information they provide. The Platform bears no responsibility for any incorrect or inaccurate information issued by such parties.
(b)
The Platform shall exercise due diligence to verify that third parties providing complementary services comply with applicable regulatory standards, without bearing any legal responsibility for their acts or performance.
(c)
If any breach by a third party affecting users or services is discovered, the Platform reserves the right to take appropriate measures, including terminating cooperation with such party or taking actions to protect users’ interests.
(d)
The Platform is not responsible for the performance or processing of payment services provided by third parties and disclaims liability for any delay, rejection, cancellation, or refund of any payment processed through a third party.
Effect of Disclaimer of Liability
The Platform shall not be liable for any direct or indirect damages resulting from the use of its services to the extent permitted by applicable laws and regulations. This disclaimer does not apply in cases arising from gross negligence or breach of statutory obligations by the Platform.
Nature of Investment Risks
(a)
Investment in real estate opportunities available through Sahem Financial Platform is considered a high-risk investment and may result in the total loss of capital.
(b)
The higher the expected return on an investment, the higher the associated level of risk, and the user acknowledges and understands this.
User Obligations in Assessing Risks
The user must assess investment opportunities based on information provided by fund managers, including:
Insolvency risks.
Market volatility risks.
Non-diversification risks.
Difficulty in exiting the investment.
Any relevant economic or legal circumstances.
Other associated risks.
Legal Responsibilities
(a)
The Platform recommends that the user obtain legal, financial, or tax advice when necessary to ensure informed investment decisions.
(b)
The user acknowledges full responsibility for their investment decisions and must obtain legal, financial, and tax advice when required.
(c)
The user bears all risks associated with investment and shall have no recourse against the Platform in the event of any losses.
Exclusion of Platform Guarantees
(a)
Sahem Financial Platform does not provide any guarantees regarding future returns, nor does it guarantee the accuracy of future forecasts or the success of investment opportunities.
(b)
The Platform is committed to its role solely as an intermediary and does not provide advisory or valuation services.
Technical and Security Risks
(a)
The user acknowledges and understands that use of the Platform may involve potential technical and security risks, including but not limited to:
Service interruption or system failure due to unexpected technical issues or updates.
Identity theft or cyber fraud through unlawful attempts to access user accounts.
Data loss resulting from technical failures or cyberattacks targeting the Platform or its systems.
(b) Platform Commitment:
The Platform complies with applicable laws and regulations to protect users, including applying the highest cybersecurity standards.
The Platform adopts advanced mechanisms to detect and prevent fraud and money laundering, thereby reducing security risks.
In the event of any technical or security incident, the Platform undertakes to notify users promptly and work to mitigate resulting effects.
(c) Notice:
The user bears responsibility for maintaining the confidentiality of their data and securing their account, including using strong passwords and avoiding sharing login credentials with third parties.
The Platform shall not be liable for damages resulting from user negligence or inadequate personal security measures.
Risks Related to Provided Data
(a)
The Platform displays information and data as received from fund managers, issuers, and other relevant parties, without providing any express or implied warranties as to accuracy or completeness.
(b)
The Platform bears no responsibility for the accuracy, correctness, or timeliness of data provided by third parties, unless it is proven that the Platform was aware of misleading or inaccurate information and failed to disclose it in accordance with applicable regulations.
(c)
The Platform undertakes to display data as received without alteration or distortion. If any inconsistency or inaccuracy is discovered, the Platform reserves the right to remove the content or request clarification from the concerned party in accordance with approved disclosure regulations.
(d)
The user bears full responsibility for verifying the accuracy and correctness of information published on the Platform before making any investment decisions.
Potential Technical Failures
The Platform may experience unexpected technical failures affecting performance or service availability due to technical updates, operating system issues, or unforeseen circumstances beyond control. Periodic maintenance or emergency outages may also result in temporary service unavailability. Such failures may cause delays in transaction execution, slow response times, or system disruptions. The Platform undertakes to take all possible technical and security measures to ensure service continuity and minimize impact on users. However, the Platform shall not be liable for damages resulting from such failures unless caused by gross negligence or breach of statutory obligations. In the event of a major outage, users shall be notified through available channels in accordance with applicable procedures.
System Development and Efficiency Enhancement
(a)
The Platform undertakes to continuously enhance and develop its systems to keep pace with usage levels and provide the best possible services.
(b)
The Platform may introduce new features or functions that may require additional licensing or technical development, which may temporarily affect system performance.
Impact of Increased Usage
An increase in the number of users or transaction volumes may result in increased pressure on processing systems, potentially causing delays in order execution, slower response times, or temporary disruptions in information display. Accordingly, the Platform shall take necessary measures to ensure system stability in accordance with controls set out in the Financial Market Institutions Regulations.
Preventive and Corrective Measures
(a)
The Platform proactively implements preventive measures to improve system stability, including backups, cybersecurity measures, and operational efficiency enhancements.
(b)
In the event of technical failures, the Platform shall address them as soon as possible while minimizing impact on users.
Limitation of Liability (Technical)
(a)
The Platform disclaims liability for losses or damages resulting from technical failures, except in cases of gross negligence or direct fault.
(b)
The user undertakes to notify the Platform immediately upon discovering any technical malfunction affecting service usage.
Personal Data Protection Commitment
(a)
This clause aims to clarify how personal data is collected, used, and protected in a manner that respects user privacy and does not conflict with the Company’s approved Privacy Policy.
(b)
Sahem Platform undertakes to protect users’ personal data in accordance with laws in force in the Kingdom of Saudi Arabia, including the Personal Data Protection Law and its Implementing Regulations.
Collection and Processing of Personal Data
In its capacity as a service provider, Sahem Financial Platform collects and processes personal information relating to its users (“Personal Information”), which includes, without limitation, the following:
Usage Data: Such as user activity on the Platform, login records, and Cookies.
Contact Data: Such as email address, phone number, national address, and similar information.
Identity Data: Such as full name, national ID/Iqama number, date of birth, nationality, personal photograph, and similar information.
Investment Data: Such as investment history, investment preferences, investment amounts, and similar information.
Financial Data: Such as bank account (IBAN), bank card information, financial transaction records, and similar information.
Additional Data: Any other data related to the scope of the Platform’s activities, and similar information.
Personal Information includes all details collected directly or indirectly, whether through Cookies or similar tools, or through third parties.
When visiting the Platform, its server automatically records data such as the Internet Protocol (IP) address, date and time of visit, and the URL of any website that refers the user to the Platform.
Methods of Data Collection
Sahem Financial Platform relies on multiple methods to collect and process user data to ensure a comprehensive and integrated experience, including:
(1) Direct Collection Methods:
Data is collected when:
1.1) The user registers on the Platform or submits an investment request.
1.2) Transactions are executed through the Platform’s channels related to the provided services.
1.3) Direct communication with the Platform through writing, email, phone, or any other means of communication.
1.4) Interaction with the Platform and voluntary provision of information, such as participation with other users.
(2) Indirect Collection Methods:
The Platform relies on technologies such as:
2.1) Cookies to analyze usage patterns.
2.2) Website analytics tools to extract information regarding electronic devices used to access the Platform.
(3) Collection from Third Parties:
The Platform has the right to collect additional information about users from:
Credit Rating Agencies: To obtain reports on users’ personal and commercial credit status, including partners and beneficial owners.
Public and Private Sources: Such as government databases and publicly available sources.
Relevant Authorities: To examine and match data with official records.
(4) Data Verification:
Upon registration, the Platform may request additional information including:
The credit status of the user and their partners.
Commercial account data and beneficial owners’ identities.
Additional information regarding the user’s business activity.
Purposes of Processing Personal Information
The Platform processes the personal information it collects for the following purposes:
Verification of Identity and Provided Information:
Ensuring the accuracy and correctness of user-provided data, including identity verification in accordance with Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements, which are among the requirements of the Capital Market Authority.Platform Management and Operation:
Operating and regularly updating investment accounts.
Providing and managing services offered through the Platform.
Continuously developing and improving operations and services.
Communication with Users:
Sending notifications and updates related to services and investment opportunities.
Providing technical support and responding to inquiries.
Data Analysis and Service Development:
Studying and analyzing data to identify user preferences and customize services.
Conducting market research and studies to improve product and service quality.
Preparing statistics and reports to analyze traffic and improve user experience.
Legal and Regulatory Compliance:
Complying with regulatory instructions and regulations, including adherence to national standards for combating financial and cyber crimes.Prevention of Illegal Activities:
Monitoring and preventing unlawful activities such as fraud or forgery.
Taking immediate action to verify transactions and address any security issues.
Data Sharing with Third Parties:
Providing information to entities acting on behalf of the Platform to deliver required services.
Disclosing data upon request by judicial authorities or regulatory bodies.
Protection of Rights and Interests:
Protecting the rights and property of the Company, users, and third parties.
Recovering any amounts received by a user without legal entitlement or legitimate cause, pursuing debts, and enforcing contracts entered into by the user related to or through the Platform.
Ensuring Platform Safety and Security:
Conducting financial audits and verifying sources and destinations of funds.
Monitoring activities to ensure compliance with integrity and transparency rules.
Data may be used to personalize services and identify relevant products of interest to users.
All data is considered anonymized when used for statistical purposes.
Sahem Financial Platform is committed to protecting data and ensuring it is not used for purposes contrary to users’ interests.
Data Sharing
Sahem Platform undertakes not to share users’ data with third parties except in the following cases:
With regulatory and governmental authorities such as the Capital Market Authority in accordance with applicable regulations.
With service providers (such as payment and identity verification companies) who comply with data protection standards.
With issuing or listed companies of investment opportunities, subject to user approval.
Data Protection Measures
The Platform adopts the following measures to protect user data:
Encryption: To ensure data protection during transmission and storage.
Security Systems: Use of advanced technologies to prevent breaches.
Periodic Review: Conducting regular security reviews to ensure continued compliance with protection standards.
Data Retention
The Platform retains personal data for a period appropriate to the purposes for which it was collected or as required by applicable regulations.
User Rights
Users have the following rights:
Access to Data: Requesting a copy of stored personal data.
Data Correction: Requesting correction of inaccurate data.
Withdrawal of Consent: The ability to withdraw consent for data processing.
Data Deletion: Requesting deletion of data when it is no longer needed.
Cookies Policy
Most websites place a small file on the visitor’s hard drive (browser) upon visiting, known as “Cookies.” Cookies are text files that contain information allowing the website that placed them to retrieve such information during subsequent visits, including:
Remembering username and password.
Saving page settings where available on the Platform.
Saving user-selected colors.
Preventing multiple voting by the same user.
The browser may not require password entry on each visit, as the system can detect it through Cookies. Accordingly, Sahem Platform uses information contained in Cookies for its own technical purposes upon repeated visits. The Platform may modify or add information to Cookies whenever the Platform is visited.
Security Measures and User Obligations
Automatic Account Lock: The account shall be automatically locked after a specified number of failed login attempts as a security measure for protection.
Passwords: Users are advised to choose strong and unique passwords containing uppercase and lowercase letters, numbers, and symbols, and to avoid sharing them with any person.
Reporting Security Risks: Users must immediately contact Sahem Financial Platform representatives through available channels if they suspect account compromise, loss of password, or disclosure of any confidential information.
Prohibition on Sharing Confidential Information: Sharing any confidential information, including passwords or secret codes, via phone or the Internet is strictly prohibited under any circumstances.
Use of Secure Browser: To achieve the highest level of security when conducting online transactions, users are advised to use a secure browser, close unused applications, and ensure antivirus software is continuously updated.
Commitment to Data Protection: Sahem Financial Platform undertakes to adopt appropriate technical and organizational measures to protect users’ personal data and prevent unauthorized access or unlawful use, while acknowledging that no system can be guaranteed to be completely free of security vulnerabilities.
Disclaimer of Liability: The Platform shall not be liable for any direct, indirect, or consequential damages arising from data loss or unauthorized access due to factors beyond the Platform’s control, such as cyberattacks, unexpected technical failures, or user negligence.
User Responsibility: The user bears full responsibility for maintaining the confidentiality of personal data and account passwords. If a security breach occurs due to the user’s negligence or sharing of information with third parties, the Platform shall bear no liability for resulting damages.
External Links: The Platform may include links to other websites or services operated by third parties. The Platform is not responsible for the privacy or data protection policies of such parties, and users must review those policies before providing any personal data.
User Reporting Obligation: In the event of any suspicious or abnormal activity related to the user’s account, the user must immediately notify the Platform to enable appropriate action.
Policy Updates: Sahem Financial Platform reserves the right to amend or update the Privacy Policy from time to time in line with legal, regulatory, or operational changes.
User Notification: Users shall be notified of any updates to the Privacy Policy via email or Platform notifications, with a reasonable notice period prior to effectiveness.
User Responsibility to Review Updates: Users bear responsibility for reviewing the date of the latest policy update displayed at the bottom of the page.
Acceptance of Updates: Continued use of the Platform after notification of updates constitutes express acceptance of the amended Privacy Policy.
Conflict of Interest Policy
Purpose of the Policy
This policy aims to clarify the policies and procedures governing conflicts of interest for company owners, Board members, senior executives, employees, and other stakeholders as required (collectively referred to as the “Concerned Persons”). It also aims to assist the Concerned Persons in dealing with conflict-of-interest situations in accordance with legal and regulatory requirements and the principles of accountability and transparency applied by the Company in its operations.
Objectives
To enable the Platform to achieve the highest standards of transparency, gain users’ trust, and limit conflict-of-interest cases in the Company’s and Platform’s activities by regulating dealings with related parties.
To restrict the use of the Platform’s and Company’s resources and assets to the maximum extent that ensures effective achievement of its mission and objectives, and to disclose any conflicts between personal interests of related parties and the Platform’s interests.
The Platform seeks to eliminate or limit conflicts of interest to the maximum reasonable extent in all transactions with users and related parties, in accordance with the Companies Law, Capital Market Authority regulations, and all relevant laws and instructions.
Scope of Application
This policy supplements—without replacing—the laws and regulations in force in the Kingdom of Saudi Arabia governing conflicts of interest, in addition to the Company’s Articles of Association and Corporate Governance Regulations, Real Estate Investment Funds Regulations, and Investment Funds Regulations. This policy applies to all related parties, including but not limited to the following Concerned Persons:
Platform managers and senior employees and executives.
Members of the Company’s Board of Directors or any of its subsidiaries and their relatives.
Senior executives of the Company or any of its subsidiaries and their relatives.
Companies owned by, or in which any Board member, senior executive, or their relatives are partners, Board members, senior executives, or own 5% or more of capital or shares, or have direct or indirect influence over decisions.
Any person whose advice or guidance influences Company decisions, except professional advice provided by licensed persons.
External auditors and Company consultants.
Members of investment committees of funds.
Fund managers.
Real estate developers.
Other stakeholders as required.
Definition of Conflict of Interest
A conflict of interest refers to any situation in which personal, family, or professional interests of a related party conflict with the Company’s interests or may affect the neutrality and objectivity of decisions. Conflicts of interest include actual or potential situations, including but not limited to:
Making decisions or taking actions that achieve direct or indirect personal benefit at the expense of the Company’s interests.
Exploiting position or authority to achieve personal gains.
Participation of related parties in competitive activities with the Company.
Receiving unjustified benefits, gifts, or payments from parties related to the Company.
Sahem acknowledges and respects that Concerned Persons may have personal interests and the right to participate in various activities, provided such participation does not conflict with the Company’s public interests.
Concerned Persons and Sahem Financial Platform commit to prioritizing the Company’s interests when conflicts arise and to refrain from influencing Company decisions in any matter that may result in a potential conflict, including abstaining from voting on any decision subject to such conflict.
Concerned Persons must disclose any conflict of interest arising from their relationship with the Company using disclosure methods specified in this policy and applicable laws in the Kingdom of Saudi Arabia.
Cases of Conflict of Interest
This policy applies to cases in which a person has, or may have, authority over a matter in which they have a direct or indirect interest, regardless of the decision taken.
Any interest or relationship that may lead, or give the impression under normal circumstances, that a person’s independence, objectivity, or neutrality in decision-making or opinion has been compromised shall be deemed a conflict of interest.
The occurrence or suspicion of exploitation of the Company’s assets, information, business opportunities, or the Platform’s database, regardless of whether the Company intends to benefit from such assets, information, opportunities, or database.
Conflict-of-interest cases include, but are not limited to, the following examples:
Establishing a company or sole proprietorship, or owning shares or equity in another company or entity engaged in activities similar to those of the Company or its group.
Accepting Board membership, employment, or management of a company competing with the Company or the Platform.
Joining, subscribing, or investing in any form in a company that deals with the Company or the Platform.
Making or influencing decisions regarding the listing of an investment opportunity without objective criteria for the purpose of achieving a benefit for any party at the expense of the Company’s or Platform’s interest, such as exempting a user from fees, reducing fees, waiving obligations, or leniency regarding a material condition.
Obtaining a direct or indirect personal gain, facilitation, loan, credit, or profit that would not have been obtained but for the individual’s position in the Company or the Platform.
Obtaining a position, benefit, facilitation, or direct or indirect advantage from a user in exchange for facilitating a step, procedure, condition, opinion, consultation, advice, or leaked information without lawful justification.
Using one’s position at Sahem, or information or business opportunities acquired through employment, to achieve personal benefits or benefits for a third party.
Making decisions or entering into transactions or purchases for the benefit of a company in which the person has an interest.
An employee or one of their relatives performing work for suppliers, subcontractors, or competitors.
When any Concerned Person, or a family member, receives unlawful personal benefits due to their position at Sahem.
When a Concerned Person (such as a Board member) receives financial consideration in exchange for providing consulting services to another company competing with the Company.
Holding administrative positions or Board memberships in companies providing services to the Company, such as due diligence or financial audit services.
Issuing recommendations or making investment decisions serving personal or family interests instead of focusing on client interests and investment objectives.
Using Company assets or internal information for personal gain or purposes not serving the Company’s or clients’ interests.
Management of Conflict of Interest
Upon the occurrence of any conflict of interest, the following steps must be taken:
A) Disclosure
Related parties must disclose actual or potential conflicts of interest to the Company immediately upon discovery.
The Company shall disclose material conflict-of-interest cases to the public through the website after review.
B) Assessment
A specialized committee within the Company shall review the conflict-of-interest case and assess its potential impact.
C) Corrective Actions
The Platform shall take necessary measures to address the conflict, including excluding the concerned party from decision-making.
Amending or revoking decisions resulting from the conflict of interest.
D) Reporting
The relevant regulatory authorities (such as the Capital Market Authority) shall be notified if the conflict materially affects operations or clients.
Protection of Shareholders’ Rights
The Company and Concerned Persons commit to the following:
1) Conflicts of Interest Related to Major Shareholders
All transactions and contracts with major shareholders and their relatives owning 5% or more of the Company’s shares, directly or indirectly, or having control in subsidiaries, shall be subject to the same conditions applied to transactions with third parties.
All such transactions shall be disclosed in accordance with applicable laws and regulations.
2) Conflicts of Interest Related to the Board of Directors
A Board member may not have any direct or indirect interest in the Company’s business or contracts.
Any Board member with a personal interest must disclose such interest to the Board, record it in meeting minutes, and abstain from voting.
The Chairman shall notify the Board of any business or contracts in which a Board member has a personal interest, supported by a special report from the external auditor.
A Board member may not engage in activities competing with the Company.
3) Conflicts of Interest Related to Executive Management and Employees
Any external work activities must be disclosed to and approved by the Board, following review and recommendation by the CEO.
Disclosure Obligations
Concerned Persons must prepare and submit disclosure reports detailing all actual or potential conflicts of interest and mitigation measures.
Disclosures must be updated periodically or upon any change leading to a conflict.
All disclosures shall be documented and retained for transparency and verification.
Public Disclosure
The Company shall publicly disclose actual or potential conflicts of interest that may affect clients or related parties, in accordance with applicable laws and regulations.
Clear and updated information shall be made available to the public, including the nature of the conflict of interest, its potential impact, and the measures taken to address it.
Scope of Disclosure
Disclosure shall include all information related to conflicts of interest, including but not limited to:
The nature of the personal interest or relationship giving rise to the conflict.
Details of other parties affected by the conflict.
Recommended or implemented measures to avoid or address the conflict.
Means of Disclosure
Conflicts of interest shall be disclosed through officially approved channels, including:
Internal disclosure forms and declarations.
Publishing relevant information on the Platform’s website.
Periodic reports submitted to relevant regulatory authorities.
Follow-up Procedures
A specialized department within the Company shall review and assess all submitted disclosures and take appropriate actions to address or mitigate identified conflicts of interest.
All disclosures shall be retained and documented in the Company’s records to ensure full compliance and serve as a reference when needed.
Obligations of Related Parties
Related parties shall be obligated to:
Fully review, understand, and comply with the Conflict of Interest Policy and any updates thereto.
Avoid any conduct that may result in an actual or potential conflict of interest.
Disclose any conflict of interest immediately upon discovery.
Refrain from exploiting positions or authority for personal gain.
Maintain the confidentiality of Company information and refrain from disclosure or misuse.
Refrain from using Company assets or property for personal purposes.
All Board members and Company employees shall immediately disclose any personal interests in the following cases:
Any interest in an investment, ownership, or commercial activity that benefits or provides services to any subsidiary of the Company or derives benefit from the Company.
Any commercial activity or entity providing services or seeking to provide services to any subsidiary of the Company.
Any interest with a user or entity receiving a service or benefit from the Company.
Any commercial activity, client, or entity in a position to benefit from actions taken by a Board member or employee.
Direct or indirect interests of Board members, senior executives, the Board Secretary, and their relatives.
A summary of current or proposed employment contracts of Board members, the CEO, and senior executives.
Full details of any contract or arrangement in which the CEO, any Board member, or their relatives have a material interest, or a declaration denying the existence thereof.
Company’s Role in Implementing the Policy
1) Oversight and Evaluation
The Compliance Committee or any other committee formed by the Company shall oversee implementation of this policy and ensure compliance.
Disclosure reports shall be reviewed objectively to provide recommendations to the Board of Directors.
2) Awareness and Training
The Company shall provide ongoing training programs to raise awareness among related parties regarding the Conflict of Interest Policy and best practices for handling conflicts.
Clear guidelines and educational materials shall be published to assist in identifying and managing potential conflicts.
3) Periodic Review
This policy shall be reviewed and updated periodically to ensure alignment with best practices and applicable laws.
Transactions with related parties shall be periodically reviewed to verify the absence of conflicts or to address them if identified.
4) Administration and Decision-Making
The Board of Directors of Sahem Financial Platform Company shall interpret this policy and determine its applicability to various cases.
The Company may form specialized committees or assign existing committees to review cases involving potential conflicts, ensuring committee independence.
5) Case Resolution
A person shall not be deemed to be in a conflict-of-interest situation unless the Company or Platform determines that the situation affects Company interests.
The Company or Platform retains discretionary authority to assess each case individually and may grant exemptions where conflicts are incidental or where corrective measures have been taken.
6) Rectification
If a conflict of interest is identified, the concerned person must take corrective measures as determined by the Company or Platform to protect the interests of all parties.
Liability Limits
The Company reserves the right to impose appropriate penalties on violators among related parties or external parties proven to have breached this policy, including legal action.
The Company shall disclose related-party transactions in accordance with its disclosure policy and applicable laws and regulations.
Relevant regulatory authorities, such as the Capital Market Authority, and the public shall be notified of conflicts of interest that may affect operations or clients to ensure transparency and compliance.
Concerned Parties shall bear full responsibility for failure to disclose any actual or potential conflict of interest, including resulting legal, financial, or regulatory consequences.
Disciplinary Actions
The Company reserves the right to take appropriate disciplinary actions against violators, including:
Written warnings.
Suspension or termination of contracts or memberships.
Referral of violations to judicial or regulatory authorities.
Violating parties shall bear all damages arising from undisclosed or unmanaged conflicts of interest.
Review and Update
This policy shall be effective as of the date of its approval by the Board of Directors and shall be reviewed periodically as required.
Amendments shall only be made with Board approval.
The policy shall be updated when necessary to ensure compliance with applicable laws and best practices.
Indemnification Obligations
The user undertakes to indemnify and hold the Company harmless from any claims, obligations, or legal actions arising from:
User’s breach of the Terms and Conditions, including any actual or alleged violation of representations, warranties, or obligations.
User misconduct, including unlawful acts, infringement of intellectual property or trademarks, false statements, misleading information, attempts to harm the Platform, system tampering, reputational damage, fraud, deception, or money laundering activities.
Use of the Platform or any transaction executed through it causing harm to the Company or other users.
Submission of inaccurate or misleading data causing damage to the Company or third parties.
Legal violations resulting in fines or penalties imposed on the Company due to user error or negligence.
Penalty Clauses
A) Bearing of Costs
The user shall bear all legal and administrative costs arising from their violations, including attorneys’ fees, court costs, and any other expenses incurred by the Company to address the user’s violations.
B) Termination of the Agreement
The Company reserves the right to terminate this Agreement immediately and without prior notice in the event the user commits a material breach that harms the Company’s interests or those of other parties. The user shall remain liable for any financial obligations due before or after the termination date.
Limitation of Liability
The Company shall not be liable for damages arising from:
Technical errors or system failures.
Economic or commercial losses resulting from the user’s decisions based on information or services provided through or outside the Platform.
Errors or negligence by the user, including submission of inaccurate information or failure to comply with the Terms and Conditions.
Force majeure events or exceptional circumstances beyond the Company’s control, such as natural disasters, economic crises, pandemics, wars, or any emergency events that affect service provision temporarily or permanently.
Limitation of Compensation
In all cases, the Company’s liability shall not exceed the amount paid by the user as registration fees or service usage fees.
Claims and Compensation Procedures
A) Prior Notification
In the event of any damage, the Company shall notify the user of the details and provide the opportunity to submit explanations or settle the matter.
B) Right to Judicial Claim
The Company reserves the right to resort to the competent courts in the Kingdom of Saudi Arabia to claim compensation for damages resulting from the user’s actions.
Legal Disputes
A) Governing Law
All compensation matters and penalty clauses shall be governed by the laws and judicial system applicable in the Kingdom of Saudi Arabia.
B) Competent Jurisdiction
Saudi courts shall have exclusive jurisdiction to adjudicate any disputes related to compensation or penalty clauses.
C) Enforcement Obligation
The user acknowledges their full obligation to execute all compensation or penalty provisions determined by the Company or competent judicial authorities.
Official Communication Channels
All notices and correspondence from the Company to users shall be sent through the following means:
Email: To the email address registered with the Company.
User Electronic Platform: Through the dashboard within the user’s Platform account.
SMS Messages: When urgent notifications are required or as applicable.
All notices or documents sent to the registered email address or published on the Platform shall be deemed valid and effective upon sending or publication, regardless of the time of review.
User Obligations Regarding Communication
The user shall:
Update contact information, including email address and phone number, to ensure uninterrupted communication regarding notifications or updates.
Notify the Company immediately of any changes to submitted information.
The user bears responsibility for failure to update contact details or review sent notifications.
How to Contact the Company
Users may contact the Company through the following channels:
Email: support@sahemfinancial.com
Phone: (920011804) during official working hours from 10:00 AM to 6:00 PM.
Electronic Contact Form: Available through the Company’s official website or application.
Complaints and Objections Notification
Users may submit complaints or objections via email or any of the communication channels listed above.
The Company undertakes to respond to all complaints and inquiries as soon as possible, within an estimated period not exceeding ten (10) business days from receipt, depending on the nature and priority of the complaint.
Notifications of Updates or Changes
Users shall be informed of any updates to the Terms and Conditions or other policies through:
Email notifications sent to the registered address.
Prominent notifications published on the Platform.
The user bears responsibility for reviewing such notifications and taking necessary actions.
Validity of Notifications
All notifications sent by the Company or the user shall be binding if submitted in accordance with the procedures stipulated herein.
All notifications shall be deemed valid and effective immediately upon dispatch through the official channels stated above.
Acknowledgment
The user acknowledges that the Platform is an electronic means to facilitate investment and is not a direct party to the offered investment opportunities.
The user acknowledges full responsibility for their investment decisions and awareness of associated risks.
The user expressly acknowledges and agrees to all provisions contained in this Agreement (“Terms and Conditions”).
Compliance with Laws
The Platform, the user, and all related parties shall comply with all applicable laws and regulations in the Kingdom of Saudi Arabia, including Capital Market Authority rules and instructions.
All activities conducted on the Platform shall be subject to Saudi laws, including regulations related to data protection and anti-money laundering.
Legal Disputes: This Agreement and any disputes arising therefrom shall be governed by Saudi laws, and Saudi courts shall have exclusive jurisdiction.
Interpretation Limitation: No provision of this Agreement shall be construed to impose obligations exceeding those assumed by the Platform under applicable laws or Platform-specific Terms and Conditions.
Severability: If any provision of this Agreement is deemed unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
No Waiver: Failure by the Platform to exercise any right under this Agreement shall not constitute a waiver of such right or any other rights.
Force Majeure: The Platform shall not be liable for service disruption or investment failure due to natural disasters, government decisions, or extraordinary events beyond its control.
Updates to the Terms and Conditions
The Platform reserves the right to amend or update these Terms and Conditions in accordance with regulatory or operational requirements. Users shall be notified via registered email or prominent Platform notice. Amendments shall take effect immediately upon publication, and continued use of the Platform constitutes implicit acceptance thereof.
Acceptance and Undertaking
Use of the Platform constitutes the user’s acknowledgment and acceptance of these Terms and Conditions and full commitment to comply with them.
Effective Date of the Agreement
This Agreement shall take effect from the earliest of the following dates:
User registration date;
Password reset date; or
Date of user access to and use of Sahem Financial Platform services.
Termination of the Agreement
User-Initiated Termination
The user may terminate this Agreement at any time by contacting support@sahemfinancial.com and closing the wallet account.
Platform-Initiated Termination
Sahem Financial Platform reserves the right to terminate or suspend wallet services for any reason, with prior notice to the user where possible, except in cases requiring immediate termination at the Platform’s discretion.
Suspension of Access and Wallet Account Services
Sahem Financial Platform may suspend services or block access to the user’s account in the following cases:
Violation of this Agreement.
Determination that the user exposes the Platform to credit, fraud, or legal risks.
Submission of false, misleading, incomplete, or incorrect information, or involvement in fraud or unlawful conduct.
Security concerns related to the user’s account or credentials.
Suspicion of unauthorized or fraudulent activity involving the wallet account or payment data.
In all such cases, the Platform shall suspend the account and notify the user of the reasons for the action, where possible.
Post-Termination
Upon termination, the user may request withdrawal of remaining funds in the wallet account.
The Platform is not obligated to refund funds within a fixed timeframe but shall endeavor to complete the refund within a reasonable period following receipt of the transfer request.
The Platform shall use reasonable efforts to refund funds using the method selected by the user, without guaranteeing adherence to such method in all cases.