Terms and Conditions for Using the Taqyees Platform - Service Applicant -
Because we care about your rights, please carefully review these Terms and Conditions before using the Platform.
By accessing and using the site, you acknowledge and agree, without making any modification and without any limitation or alteration, to the Terms and Conditions contained in this site, and you acknowledge and warrant your legal right to enter into this agreement and use the site in accordance with all Terms and Conditions contained therein.
This Terms and Conditions document (“Terms and Conditions”) constitutes an express acknowledgment that the “Service Applicant” is bound by all of the terms and conditions contained therein for use of the Taqyees Platform as defined below.
Accessing, using and/or benefiting from any service, feature, content and/or benefit provided by or through the Platform (defined below) means acceptance by the Service Applicant to be bound by these Terms and Conditions.
1- Definitions
The following words and phrases, wherever they appear, shall have the corresponding meanings, unless expressly indicated in the text. Words used in the singular form shall have the same meaning as in the plural form, and vice versa, unless the context requires otherwise:
Law: Law of Measurement and Calibration.
Regulations: Implementing Regulations of that Law.
Cost Regulations: Cost Regulations for Measurement and Calibration Services.
Applicable Law: The laws, regulations and the like in force in the Kingdom of Saudi Arabia, and all of their binding references issued by the competent authorities, including the Law of Measurement and Calibration, its Implementing Regulations, all their appendices and schedules, and any amendments thereto in the future, along with the regulations, rules, decisions and circulars issued by the “Competent Authority” in its capacity as an authority with a mandate within its statutory competence.
Competent Authority/SASO: Saudi Standards, Metrology and Quality Organization.
Service Applicant: The beneficiary who uses the “Platform” and benefits from its services according to his/her/its functions as described in the Law.
Manufacturer: Any natural or legal person who manufactures any measuring instruments under his/her/its name or trademark.
Importer: Any natural or legal person acting on behalf of the Manufacturer.
User: The entity that owns, uses, or is in possession of the measuring instrument.
Distributor: Any natural or legal person, other than the Manufacturer and Importer, who makes the measuring instrument available on the market.
Statutory Calibration: A part of the metrology that pertains to measurement units, methods, and devices, regarding the binding technical and legal requirements, to ensure general protection, in terms of safety and appropriate measurement accuracy.
Measuring Instrument: A device used for measurement, alone or in conjunction with other equipment in a regular manner during its use.
Verification: A set of processes conducted by approved laboratories to ensure that a Measuring Instrument or device meets all verification requirements. Verification includes both testing and marking.
Periodic Verification: It is a Verification conducted on Measuring Instruments that are used periodically and at specified intervals for the purpose of verifying their statutory calibration characteristics and subjecting devices that do not meet the legal requirements to maintenance or prohibiting their use when necessary.
Post-Maintenance Verification: It is a Verification conducted on Measuring Instruments that have been repaired or maintained before their use is authorized.
Primary Verification: It is a Verification conducted on new Measuring Instruments to ensure that they comply with the model approval.
Inspection: A set of processes to verify that a Measuring Instrument meets the statutory Verification requirements or recommendations provided for in the technical standards.
Protection Mark: A mark placed on the Measuring Instruments to indicate compliance with the Verification requirements and protect the parts from modification.
Measurement or Testing Report: A document containing the measurement or testing results, and any other information related to these results.
Model Approval: It is intended to acknowledge that a Measuring Instrument model meets the mandatory requirements.
Platform: It is an electronic platform called the (Taqyees Platform) to provide field Inspection and Verification services in the field of statutory calibration to enable establishments, individuals, Importers, Manufacturers, and Verification Entities to issue the necessary certificates and licenses, each according to its purview, in accordance with the Law.
Metrological Supervision: The processes that the Inspection SASO performs to follow up on the work of the Verification Entities, monitor the Verification validity data of the Measuring Instruments, and prepare special statistics.
National Centre: National Measurement and Calibration Centre.
Verification Entity: An entity accepted by the accreditation entity to conduct the Primary Verification, Periodic Verification or Post-Maintenance Verification on the Measuring Instruments.
Intellectual Property: SASO's copyrights and ownership rights for the trademarks, trade names, commercial goodwill rights, trade secrets, confidential information and any other form of intellectual rights in any country in the world, related to the Platform and any software, computer applications and smartphone applications arising therefrom or related thereto, as well as the right to register, protect and access the aforementioned rights through said Platform. The term also includes the computer applications and smartphone applications (on Android or IOS platforms) related thereto, as well as all services and benefits provided by the Platform and all Intellectual Property rights prescribed for the foregoing, wherever so indicated by the text.
Use: Accessing, using and/or benefiting from any service and/or feature offered by the Platform. Other linguistic derivatives of this term (such as the verb form) shall be interpreted in accordance with this definition.
Legislations: They mean the Law of Measurement and Calibration, its Implementing Regulations, all of their appendices, the technical requirements for effective electric power meters, the controls for the qualification of Verification and maintenance entities, and the decisions issued by SASO for the purpose of regulating any aspect, service, feature or benefit implemented by the Service Applicant through the Platform. The definition also includes any amendment, re-drafting or replacement of any of the aforementioned policies.
License: Any government licenses that the Service Applicant is required to submit, and the amendments or decisions by government authorities related thereto.
Metrological Marks: They are placed on the Measuring Instruments that are subject to statutory metrological control to indicate the extent of their conformity or non-conformity to the requirements of the Law and the Regulations, with the possibility of allowing the Manufacturer to affix other marks, provided that they do not contradict the metrological marks or mislead the customer.
Content: Any information, data or materials made available by the Service Applicant on or through the Platform (including, but not limited to, data, statements, reviews, comments, data of any kind or form, images, references, forms, etc.), including information provided by the Service Applicant for the purposes of having the Verification conducted by the Service Provider or those necessary so as to provide the Platform services thereto.
Reasonable Use: Normal Use of the Platform for commercial, legal, Verification and legitimate purposes of the Service Applicant in connection with issuance of the License and/or dealing with the beneficiaries of the Platform, to the extent necessary to achieve these purposes in terms of form, volume of information, frequency and timing of Use, and in a manner that does not interfere with the Use of any other Service Applicant. Use of any applications, software or means made available by SASO or the Platform shall be deemed unusual when it entails Use of the foregoing for a purpose other than the one for which they were designated, unnecessary uploading of high-volume Content to the Platform, de-activation, tampering with or disabling of the protection of any software or application used by the Platform, transmission or distribution of viruses, software, malicious code and the like, erasure/sabotage of any data or information maintained or posted on the Platform, linking of any accounts, advertisements or comments on other sites to this Platform, or publication of the foregoing on the Platform, or vice versa, to undermine Reasonable Use.
Force Majeure: Any act or incident that is beyond the reasonable control of a normal person, that cannot be avoided under normal circumstances, that could not be foreseen, and that cannot be prevented or avoided by taking care and being diligent during implementation.
Data: Any information or data requested by the Platform from the Service Applicant, such as data related to the national identity or commercial register, contact number, e-mail, pin number, certificates, and legal documents of any kind for the purpose of completing the licensing requirements.
The introduction and definitions above and any future attachments or appendices are deemed an integral part of these Terms and Conditions and are to be read as one unit for all purposes and intentions. In the event of conflict between the provisions of these Terms and Conditions, the provisions shall apply in the following order:
- The Law of Measurement and Calibration.
- The Implementing Regulations of the Law of Measurement and Calibration and its Technical Appendices.
- The Cost Regulations for Measurement and Calibration Services.
- The Controls for the Acceptance of Verification Entities, Maintenance Entities and Model Approval.
- The Requirements for Registering the Verification Entity as a Supplier.
- The Terms and Conditions of the Taqyees Platform
2- Provisions Governing Use
A. Full compliance with these provisions shall be required when the Service Applicant opens an account on the Platform. Based thereupon, SASO shall grant the Service Applicant a non-exclusive, non-transferable, non-assignable, non-sub licensable, and revocable License to access and engage in Reasonable Use of the Platform.
B. The Service Applicant shall not engage in any Use that is not considered reasonable.
C. The Service Applicant shall register (create an account) on the Platform. To that end, the Service Applicant shall fill in all necessary information on the page designated for this purpose within the Platform. He/she/it shall then use his/her/its username and password whenever he/she/it wishes to use the Platform.
D. The Service Applicant shall not copy, circumvent or modify the Platform, attempt to obtain the source code through which the Platform operates (or that of any software or codes associated with the Platform) or obtain any of the aforementioned through installation, analysis or reverse engineering. In addition, the Service Applicant shall not extract work derived from any of the aforementioned, provide access to the Platform from other sites, or provide access to other sites through the Platform without express and written consent from SASO.
E. SASO shall be entitled to suspend all forms of Use of the Platform by a Service Applicant or account, on reasonable grounds to be determined by SASO, until the Service Applicant fulfils the terms and conditions specified by SASO for reactivating the Use or account.
F. The Service Applicant acknowledges that he/she/it is responsible for the accuracy, correctness, lawfulness and safety of the Content he/she/it submits. Compliance with the foregoing is necessary in order to obtain the benefits provided by the Platform. In general, SASO shall not, under any circumstance, be liable for the Service Applicant’s failure to obtain any of the intended Platform services due to an error on the part of the Service Applicant in fulfilling the requirements set forth in these Terms and Conditions or any of the policies or requirements defined in these Terms and Conditions. The Service Applicant is also aware of all of the legal consequences resulting from filling in the Data fields with incorrect information or providing information that is false, incorrect, inaccurate, out-dated, illegitimate or incomplete during any Use.
G. The Service Applicant shall not violate any third party rights in any country in the world, and he/she/it shall ensure that the Content and Use do not violate any third party rights anywhere in the world, including, but not limited to, the exclusive commercial representation rights, exclusive Licenses, and Intellectual Property rights of third parties.
3- Terms and Conditions for Costs and their Collection Mechanism:
- These cost-related terms and conditions shall be subject to all articles and schedules contained in the Cost Regulations approved by SASO’s Board of Directors under No. (177), on 28/02/1442 A.H. [15/10/2020 A.D.], and any amendments that may be made thereto.
- The Service Applicant acknowledges that he/she/it has reviewed the Cost Regulations and all schedules and appendices associated therewith.
Link to review the Cost Regulations:
https://taqyees.sa/ar/requlations
- The Service Applicant acknowledges and agrees that the amounts he/she/it has paid based upon the Cost Regulations are non-refundable.
4- Declarations, Obligations and Warranties of the Service Applicant:
a. All obligations stipulated in the Law and the Regulations, and any amendments that may be made thereto, shall apply to these Terms and Conditions for each (Manufacturer, Importer, Distributor, User, Verification Entity and maintenance entity), and shall produce their legal effects.
b. The Service Applicant declares that he/she/it has reviewed the Law and the Regulations, his/her/its obligations thereunder and the penalties resulting from the violations stipulated in the Law and the Regulations.
c. The Service Applicant declares that he/she/it has the full capacity to use the Platform and enter into valid “arrangements” with SASO or the Service Provider (based upon the Terms and Conditions published on the Platform or the links referenced through the Platform). Moreover, the Service Applicant undertakes to fully perform his/her/its obligations under the “arrangements” it enters into. Furthermore, the Service Applicant declares that SASO is not a party to any “arrangements” and does not guarantee that any of its parties will fulfil any obligation thereunder.
d. The Service Applicant undertakes to: (1) Ensure that the Service Applicant information he/she/it provides is accurate and valid. (2) Provide all of the information and cooperation required by SASO. (3) Limit “Use” to him/her/it personally and for the purpose of his/her/its own business, and not seek any commercial benefit from the Use (such as sell any benefit, feature or form of Use, offer or make this available to third parties, receive compensation for the foregoing, or use the Platform in any way for material benefit) without the express consent of SASO. (4) Protect password(s) and any other access Data, and ensure that the Service Applicant’s account and/or the Platform is protected at all times from unlawful access, misuse or damage by any person using the Service Applicant’s password(s) or traffic information. (5) Protect the password(s) and any other access Data, refrain from sharing them with third parties, and ensure that the Service Applicant’s account and/or the Platform is protected at all times from unlawful access, misuse or damage by any person using the Service Applicant’s password(s) or traffic information. (6) Contact SASO immediately upon becoming aware of illegal or unlawful Use of the password(s) or access Data. (7) Comply with all policies, these Terms and Conditions and any directives or restrictions issued by SASO regarding Use. (8) Refrain from engaging or seeking to engage in any Use that is illegal or is abusive of or harmful to any third party. (9) Comply with the provisions of all laws, regulations and instructions that apply to the Use. The Service Applicant declares that these Statutes and these Terms and Conditions can be invoked directly against him/her/it by SASO, by any other Service Applicant, or by other parties concerned. (10) Refrain from creating fictitious accounts or using pseudonyms, and always adhere to the correct name or trade name.
e. The Service Applicant declares that he/she/it is aware that applying for service from the Platform and following the procedures related thereto shall be subject to the rules and principles stipulated in the Statutes in effect in the Law, its Implementing Regulation and all of its appendices and regulatory rules issued by the competent authorities.
f. The Service Applicant understands that most websites, once visited, contain a small file on the hard drive of the visitor’s device (browser), called “cookies.” Cookies are text files, and these text files contain information that allow the Platform that deposited it to retrieve it when needed during the Service Applicant’s next visit to the Platform. This saved information includes:
- Remembering the username and password.
- Saving page settings if available on the Platform.
g. The Service Applicant shall take all necessary measures to protect his/her/its information, including using a secure browser when accessing the Platform, registering information, and completing financial transactions online, and ensure that the virus protection software is always up to date.
h. The Service Applicant acknowledges that the Data of his/her/its facility submitted on the Platform and the number of Measuring Instruments are completely correct. The Service Applicant shall be fully responsible in the event the contrary is ascertained after he/she/it applies for the various Taqyees services.
i. The Service Applicant undertakes that all Measuring Instruments of a commercial nature “used in commercial exchanges” have been listed at all branches of the commercial establishments under his/her/its activity in his/her/its commercial register.
j. The Service Applicant undertakes that he/she/it has reviewed the Law of Measurement and Calibration, the Implementing Regulations, the requirements contained in its technical appendices and the relevant standards, and that he/she/it shall comply with all of the requirements, terms and conditions contained therein, the instructions issued by the Saudi Standards, Metrology and Quality Organization (SASO), as well as the relevant instructions issued by other government agencies in the Kingdom.
k. The Service Applicant acknowledges that the Saudi Standards, Metrology and Quality Organization is the entity officially authorized to carry out all Verification activities in the Kingdom, for all types of statutory Measuring Instruments.
l. The Service Applicant undertakes to provide the necessary labour, and the equipment necessary to carry out the Verification tests. The Service Applicant shall adhere to the Verification date agreed upon with the approved Verification Entity.
m. The Service Applicant acknowledges that if the employees of the Verification Entity arrive and the required service cannot be provided for any reason or due to the lack of readiness of his/her/its Measuring Instruments, a surcharge of (25%) of the total value of the Verification or calibration costs paid by him/her/it shall be added.
n. The Service Applicant acknowledges that no refunds can be made once the dues for the required services have been paid.
o. The Service Applicant undertakes not to operate the Measuring Instruments in commercial exchanges except after applying for Post-Maintenance Verification and paying all financial fees arising therefrom, in the following instances:
p. The Measuring Instruments fail the technical validation tests performed by the approved Verification Entity.
q. The Measuring Instruments that have been put out of service are restarted.
r. The Service Applicant undertakes to maintain the Metrological Marks affixed to the Measuring Instruments after checking for damage, erasure or loss.
s. The Service Applicant undertakes to submit requests to renew the Metrological Marks one month before the expiry date of the Marks specified on the Measuring Instrument.
t. The Service Applicant agrees that in case of requesting the correction of Data or requesting fee differences, this shall constitute confirmation by him/her/it that the procedure is valid and that no sums arising therefrom shall be refunded.
u. If the Service Applicant inputs inaccurate Data while submitting a request, the request shall be considered null and void, the inaccurate Data shall be corrected, and a new request shall be submitted.
v. If the Service Applicant submits the request but fails to complete the payment process, this shall not exempt him/her/it from violation of the Law of Measurement and Calibration.
w. After submitting a request for Primary Verification, the Service Applicant undertakes not to use the instruments until the Verification process is completed and the certificate is issued.
x. The Service Applicant undertakes not to sell or supply the instruments subject to the Primary Verification until a Verification request is submitted and the certificate is issued.
y. The Service Applicant undertakes not to import or purchase new instruments until he/she/it has verified that that they have undergone Model Approval and Primary Verification procedures.
z. The Service Applicant undertakes to renew the Verification certificate before its expiry date.
5- SASO’s Rights, Warranties and Limitation of Liability
A. These Terms and Conditions shall be subject to all responsibilities stipulated in the Law and the Regulations pertaining to SASO.
B. SASO shall not provide any form of warranty or guarantee, whether express or implied, in connection with using the Platform or dealing with service providers, and the Service Applicant accepts that.
C. SASO shall not be liable in any way for any loss or damage suffered by the Service Applicant as a result of use or the services provided thereto on the Platform, including indirect losses, loss of profits or commercial opportunities, loss of Data, damage to goodwill, or any other kind of loss.
D. The Service Applicant shall not in any way be a party to any “arrangement” between SASO and third parties, and no statement on the Platform shall constitute a consultation, opinion (whether legal, investment or otherwise), recommendation or inducement to enter into any “arrangement” or carry out any legal transaction. The Service Applicant shall conduct the due diligence necessary to verify the eligibility and identity of the parties with which he/she/it is dealing, the feasibility of the investment opportunity, the conformity of the service provided with the Service Applicant's needs, and other practical considerations pertaining to the Service Applicant. SASO shall not be responsible for any breach or dispute due to an allegation of fraud, false statement, or deception, etc.
E. SASO does not express or provide any statement, warranty, guarantee or recommendation for any service provided by the service provider. SASO is not considered a partner or sponsor of the service provider, the Service Applicant or any other party dealt with through the Platform. SASO shall not be legally responsible for any abstention from work or transaction between the service provider and the Service Applicant or any other parties under any “arrangement” existing between them.
F. SASO shall be entitled to update, amend and/or replace these Terms and Conditions from time to time and such updates, amendments and replacements shall go into effect as of the date they are published on the Platform or notice thereof is provided to the Service Applicant.
G. Subject to the provisions of the Personal Data Protection Law, its Implementing Regulations and the Data governance policies, personal information related to the Service Applicant, and generally any information or Data submitted on the Platform when creating an account or obtained from any other party, shall be considered available for the benefit of SASO for free. This shall also include contact information. Moreover, the Service Applicant explicitly consents to SASO exchanging this information with third parties if work needs and purposes so require or making it available to them, for a fee or free of charge, without prejudice to the protection or explicit publication of this information.
H. SASO may (1) amend any part of the Platform or the services provided through it at any time, (2) publish advertisements/circulars about such amendments as SASO deems appropriate, (3) delete any Content and/or suspend any account without having to explain the reasons, and (4) amend these provisions from time to time.
I. SASO reserves the right to stop Use, shutdown the Platform or prevent access to the Platform at any time without incurring any liability whatsoever, and without the need to give any reasons.
J. The Platform may contain electronic links to sites or portals that may use methods to protect information and its privacy that are different from the methods used on the Platform. SASO is not responsible for the Content, procedures and privacy of these other sites and recommends reviewing the privacy notices on these sites.
6- Stoppage or Suspension of Use:
A. SASO shall be entitled to immediately, fully or partially terminate or suspend Use in the following instances:
- The Service Applicant misuses the service or the information contained therein or uses the service for purposes other than its intended purpose.
- The Service Applicant violates the Law and/or the Regulations or any of its appendices, or violates these Terms and Conditions and the instructions sent to the Service Applicant electronically (whether via the Platform’s official site or via the email set forth in these Terms and Conditions).
- Inaccuracy or failure to update the Service Applicant’s information or the documents and Licenses submitted by him/her/it.
- A request from any of the competent authorities to stop or suspend the service, in whole or in part, to the Service Applicant.
- SASO stops providing the service to all or some Users of the Platform for any reason.
- The Competent body prohibits or restricts provision of the services.
- The arrangements expire or are suspended for any reason.
- Any party becomes insolvent, goes bankrupt or is liquidated (including cases of voluntary liquidation or bankruptcy applications), or
- The appointment of a trustee or receiver over all or some of that party’s assets.
- If the Service Applicant breaches any of the confidentiality obligations or usage limitations agreed upon in these Terms and Conditions.
- If the termination or suspension of Use results from the Service Applicant’s breach of one of his/her/its obligations, the stoppage or suspension shall not prevent SASO from exercising its other legal rights, including taking any official judicial steps (whether criminal or civil) against the Service Applicant.
- If the Service Applicant’s Use of the service is terminated, ends or is suspended, SASO shall be entitled to cancel any temporary transactions or those carried out through the service, if any.
- If the service is terminated or ends for any reason, SASO shall be entitled to cancel all of the Service Applicant’s services, as well as delete and remove all of the Service Applicant’s Data and information in the service, without liability for any loss or damage suffered by the Service Applicant.
B. Use shall end in the event of Force Majeure in which SASO is unable to continue providing the service.
7- Force Majeure:
1. SASO experiences a Force Majeure that affects its performance in fulfilling its obligations. SASO shall not be liable for any defect or delay in the performance of its obligations due to Force Majeure, when there is no shortfall or negligence on its part, and when such a circumstance is not foreseeable at the time these Terms and Conditions are signed, and neither the Service Applicant nor SASO shall be prevented from amicably seeking settlement or suspension of operation of these Terms and Conditions within a certain period they have agreed upon.
2. For the purposes of these Terms and Conditions, Force Majeure shall include but not be limited to: If any party is unable or delayed in carrying out his/her/its business due to acts, events, omissions or incidents beyond his/her/its reasonable control, including strikes, sit-in or other industrial disputes (whether involving the service provider’s workforce or any other party), failure of a service, public benefit or transportation network, act of God, infectious diseases, viral infection, pandemic, chemical leak, nuclear radiation, war, riots, civil unrest, wilful harm, non-compliance with any law, rule, government order, regulation, directive, accident, plant or machinery shutdown, fire, flood, storm, earthquake or volcano.
8- Warranties
a. The Service Applicant shall indemnify SASO for any liability it incurs as a result of the Service Applicant’s Use or as a result of the Service Applicant’s breach or negligence of these Terms and Conditions, be it arising from a procedure, claim or lawsuit, including judicial costs and fees, attorneys’ fees and amounts paid to any of the foregoing.
b. Without prejudice to the generality of the preceding paragraph, the Service Applicant warrants and undertakes to fully indemnify SASO for liability arising from all actions and omissions carried out through its account and/or carried out by any of his/her/its employees, on a personal (direct) and joint basis.
c. The Service Applicant shall ensure the safety of his/her/its systems- Unless there is a force majeure situation - by providing full means of protection for the systems and Data at his/her/its disposal from cyber-attacks, Data leakage or unauthorized access to the systems, and complying with the application of the requirements related to cyber security according to the instructions and regulations in effect in the Kingdom of Saudi Arabia.
9- Notifications
a. SASO shall use the email address provided by the Service Applicant at the time of creation of the account on the Platform, and/or the messaging feature provided by the Platform, to send any notice or communication related to these Terms and Conditions from SASO to the Service Applicant. The Service Applicant shall be deemed to have received the notice or communication once it is sent to the aforementioned email address or via the aforementioned messaging feature.
b. Communications addressed to SASO shall only be deemed in effect if sent to the following email address (info@taqyees.sa) and provided that the sender receives confirmation of receipt.
c. The Service Applicant understands that SASO may from time to time send messages for purposes of marketing and promoting the products and services of SASO, SASO’s partners or third parties.
10- Applicable Law and Jurisdiction:
Saudi Statutes and Regulations shall apply to these Terms and Conditions, in terms of jurisdiction and validity, to the relationship with the Service Applicant formed thereunder, and to all disputes and claims related to the aforementioned, including those based upon a harmful act or unjust enrichment. All disputes shall be referred to the competent Saudi judicial authority located in the city of Riyadh.
11- General Provisions
a. The Arabic version of these Terms and Conditions shall prevail over its English translation.
b. The Service Applicant declares his/her/its acceptance that all declarations, undertakings and warranties instituted with respect to him/her/it in these Terms and Conditions are directly aimed at each Service Provider with whom an arrangement is made.
c. These Terms and Conditions, as amended from time to time, and the Policies constitute the entirety of the requirements formed between SASO and the Service Applicant with respect to Use of the Platform in order to receive the services and benefits available thereto through the Platform.
d. SASO shall not be a party to any existing dispute between the service provider and the Service Applicant or any other party. An existing dispute shall not prevent the deduction of the financial costs assessed for the services provided through the Platform.