Terms and Conditions

By using the App, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree with any part of these terms, you may not use the App.

General

All terms and conditions contained in this agreement cannot be used against Soumha. In the event of any ambiguity or misunderstanding in a regulation, it cannot be refuted to negatively impact any party's interests. It is imperative to abide by the terms set forth herein by Soumha.

Soumha has the right to determine, suspend, or terminate any services provided by the App and may prevent users from entering the site or remove any published material without warning if deemed necessary.

Soumha reserves the right to suspend or terminate the account of the user, be it buyer, individual seller or a vehicle dealer (Merchant) for any violation of these terms.

Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our App. If you are accessing the application on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these terms.

Account Registration

In order to use the App, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use or access to your account.

Subscriptions

The App offers three types of subscriptions: Freemium, Premium, and VIP. Each subscription has different features and benefits.

By default, all user accounts, be it buyers, individual sellers or vehicle dealers (Merchants) are created with a Freemium subscription that allows limited bidding for single or limited auction(s) with higher commission and ownership transfer fees on any vehicle purchase or sale.

Multiple plans are available for purchase under Premium and VIP subscriptions based on the count of auctions that you wish to participate in. By purchasing any of these plans, you agree to pay the applicable fees and acknowledge the features associated with each subscription. The count of auctions shall reduce by one (1) on each successful auction participation.

By default, all merchant accounts are created with a Freemium subscription that allows unlimited listing of vehicles but with higher commission fees on any vehicle sale and no promotional and operational support.

Sellers

The App allows individuals and vehicle dealers ("Merchants") to list unlimited vehicles for auction. Sellers must provide accurate and complete information about the vehicles they are listing. The App reserves the right to verify the information provided by Sellers and may remove or suspend any listing that violates these terms.

Exclusive Cars & Wallet Deposit

Certain vehicles may be marked as "Exclusive" and can only be accessed by depositing a specific refundable amount into your wallet. By depositing the required amount, you gain access to bid on and purchase these Exclusive vehicles. Only subscribed users are allowed to participate in auctions on these Exclusive vehicles.

The amount of this wallet deposit is decided by the vehicle dealers (“Merchants”) in collaboration with Soumha. Users are allowed to participate in any vehicle under the deposit category after paying its respective deposit. To participate in any other vehicle under a different deposit category for the same/different vehicle dealer (“Merchant”), users must add that respective wallet deposit separately.

Wallet deposits made online via the App will reflect in your registered account immediately or within a maximum of 30-60 mins from the transaction time, allowing bidding, subject to transaction authorization by our payment integration platform “PayTabs”. Any failure in transactions or payment issues outside of our App on these third party platforms like “PayTabs” are beyond our control and Soumha is not responsible for them.

Refunds of wallet deposits for Exclusive vehicles will be made according to the registration name via the App itself. If funds have been transferred by a different person or entity, the refund will be issued to the source account within 7-10 working days. Upon special request from the user, refunds may also be processed via bank transfer manually to a separate bank account as requested by the user which might take up to 10-15 working days.

Refund of any deposit is disabled when the user is winning the auction on a vehicle that belongs to that deposit category. Users are also allowed to use this deposit amount while paying their vehicle payment and/or Soumha commission fees and/or ownership transfer fees after winning the auction but only if the vehicle belongs to that specific deposit category.

The full deposit amount will be deducted in case of any violation of "Soumha" terms and conditions or if the user fails to pay for the vehicle won in the auction.

Featured Vehicles

Only VIP Sellers, be it individual or vehicle dealers, have the right to opt for featuring their vehicle on the home screen of our App for whatever duration as mutually agreed but limited to only one vehicle at a time per user. Such requests would be approved for whoever comes first and an additional fee may or may not be charged.

Auction Listings

By listing a vehicle, you represent and warrant that you have the legal right to sell it and that the information provided in the listing is accurate and complete. You are solely responsible for the content of your listings, including any images, descriptions, accepted price, and the type of Soumha commission fee that is applied on your vehicle sale, either in percentage of the vehicle value or a fixed value, which are both different as per the user subscription.

A cover image for the vehicle is mandatory but we recommend that you add clear images of both the exterior and interior of the vehicle to allow the buying users to successfully bid on your vehicle auction. Any inappropriate images instead may lead to cancellation of the auction with a fine of up to 500 SAR and a temporary or permanent ban on Soumha platform.

Vehicle location is mandatory and we recommend you to park the vehicle at the same location for the buying users to come and inspect it during your suggested hours. Any complaints of non-availability of the vehicle during the mentioned visiting hours may lead to cancellation of the auction with a fine of up to 1000 SAR and a temporary or permanent ban on Soumha platform.

Any other incorrect vehicle information, be it minor or major, may also lead to cancellation of the auction with a fine of up to 1000 SAR and a temporary or permanent ban on Soumha platform.

Bidding and Transactions

Before bidding, all bidders must ensure that they regularly update their Soumha Apps and have the latest version installed. Failure to update the App may result in missing information or changes in services, and Soumha cannot be held responsible for any consequences arising from this.

All vehicles will be sold "as is" in their current condition. Soumha does not guarantee any declarations, specifications, information, or particulars provided by the seller, including the accuracy of the odometer, ownership guarantees, information in the enclosed examination report, vehicle or equipment state, year of manufacture, vehicle or equipment exportability. It is the bidder's responsibility to check all data, advertisements, and information related to the state of the vehicle before bidding. All bidders must thoroughly check the vehicles to be purchased and ensure they match the presented specifications before bidding.

All bidders must thoroughly check the vehicles to be purchased and ensure they match the presented specifications before bidding.

Users can raise the auction value to bid on vehicles offered for sale through the App, ensuring that the value is not less than the minimum bid.

The bidding time will be extended only in cases of technical issues or if a bid is placed in the last minutes of the bidding time to allow other bidders to re-submit their bids. For example, any bid on a vehicle within the last few minutes of the auction end time will result in an extension of the auction time.

By placing a bid on the vehicle, you are committing to purchase that vehicle at the bid price if you are the winning bidder. Bids are binding and cannot be retracted. The App reserves the right to cancel or reject any bid deemed invalid or fraudulent. You agree to comply with the auction terms and conditions specified by the seller wherever necessary. All transactions are final, and you are responsible for timely payment and any applicable taxes including Soumha commission, ownership transfer and other additional fees. No more than 3 business days would be allowed for the user to pay the due amount of the vehicle value and the applicable Soumha commission fees with a mandatory ownership transfer fees and other additional fees. Any further delay in the payment would lead to a legal action, a temporary or permanent ban on our App and deduction of any applicable deposit amount made for participating in that vehicle auction. Soumha cannot guarantee the availability of the vehicle won in the auction beyond this timeline.

All transactions will be conducted in Saudi Riyal (SAR). "Soumha" is not liable for any loss resulting from currency conversion or bank transfers between different currencies. As per the rule of the Government of the KSA, Value Added Tax (VAT) will be added to all auction prices (where applicable) and all charges, including Soumha commission, ownership transfer and other fees, etc. The App may offer various payment methods, and you are responsible for any transaction fees associated with your chosen payment method.

"Soumha" is only authorized to provide a platform for vehicle trading through auction. After the payment, Soumha will communicate with the buyer and the Seller, individual or the vehicle dealer (“Merchant”), for the vehicle ownership transfer. Soumha shall hold the seller's receivable amount for the vehicle sale until both parties, buying user and the seller, individual selling user or the vehicle dealer (“Merchant”), confirm on the vehicle ownership transfer via the App and the vehicle is picked up from the Seller's location.

Soumha reserves the right to cancel or extend the sale procedures before and/or after the auction ends, and before the vehicle ownership transfer is completed. Refund of the vehicle payment and any other additional fees paid after winning the auction, may be provided in certain circumstances, such as if the vehicle purchased is significantly different from its description or if the Seller fails to collaborate and confirm on the ownership transfer within 48 hours of the vehicle payment.

In case if the buyer opts for the vehicle delivery service within the city, Soumha will deliver the vehicle within 24-48 hours after the vehicle ownership transfer is done and confirmed by both the Buyer and the Seller. In case if the buyer opts for the vehicle delivery service outside the city, Soumha will deliver the vehicle within 7-10 days based on the cities of the Buyer and the Seller, after the vehicle ownership transfer is done and confirmed by both the Buyer and the Seller.

Prohibited Activities

You agree not to engage in any activities that may violate applicable laws, regulations, or the rights of others. Prohibited activities include but are not limited to:

Intellectual Property

All intellectual property rights in the App, including but not limited to trademarks, logos, and copyrighted materials, are owned by us or our licensors. You may not use, reproduce, modify, or distribute any of these materials without prior written permission.

Disclaimer of Warranties

Our App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not guarantee the accuracy, completeness, or reliability of any information or content provided within the application. Users acknowledge and agree that their use of the App is at their own risk.

Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the App, including but not limited to any transactions conducted through the App.

Indemnification

You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of or in connection with your use of the App, your violation of these terms, or your violation of any rights of third parties.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the judicial system of the Kingdom of Saudi Arabia. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia.

Severability

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Modification of Terms

We reserve the right to modify or update these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms within the application. Your continued use of the application after such changes constitutes your acceptance of the modified terms.

If you have any questions or concerns about these terms and conditions, please contact us at support@soumha.com.

Last updated: 02 October 2024