شركة قرار المالية للتمويل الجماعي تهدف لأن تكون حلقة الوصل بين أصحاب الأراضي والمطورين العقاريين والمستثمرين الأفراد والشركات، وذلك من خلال قيام منصة قرار بطرح أدوات دين (صكوك) لتوفير التمويل اللازم للمطورين العقاريين لشراء الأرض أو لتغطية تكاليف البناء، وتمكين المستثمرين من الاستثمار في مجال التطوير العقاري حيث يتم جمع الأموال من خلال منصة قرار بحلول تقنية مالية آمنة وشرعية تحفظ لجميع الأطراف حقوقهم.
Terms and Conditions |
Shari’a Certificate Ref#: MFC-2139-01-01-12-21 |
By using this website, you agree to comply with all of the terms and conditions of use set forth below (the "Terms and Conditions"). Qarar Financial Technology Platform Company ("Qarar Fintech") reserves the right to amend or modify these Terms and Conditions at any time it deems appropriate. The user of this website (the "User") shall be bound by such amendments or modifications, whether or not the User has reviewed them. If the User does not agree to these Terms and Conditions, the User must refrain from using this website entirely.
The User must carefully read this Agreement, as it outlines the details of the service provided by Qarar Fintech and defines the obligations and rights between Qarar Fintech and the User. Use of the Platform is prohibited if the User does not fully understand and comprehend all provisions of this Agreement.
• Qarar Fintech: Qarar Financial Technology Platform Company, incorporated under the Saudi Companies Law, pursuant to Commercial Registration No. (1010863708), and licensed by the Capital Market Authority (CMA) under the Financial Technology Experimental Permit (Sandbox) dated 18/01/2023. The Company's address is the Kingdom of Saudi Arabia.
• User: A natural person, legal entity, or authorized representative of a beneficiary of the Platform's services who has successfully completed the registration process on the Platform.
• Special Purpose Vehicle (SPV): An entity established pursuant to the Rules Governing Special Purpose Vehicles in connection with a specific investment.
• Platform or Qarar Fintech: Qarar Financial Technology Platform, established pursuant to the resolution of the Board of the Capital Market Authority dated 18/01/2023, which is an electronic platform owned by the Special Purpose Vehicle through which financing methods are offered by connecting investors with financing seekers.
• Website: www.qararfintech.com and any other domain connected to or derived therefrom.
• Companies Law: The Companies Law issued by Royal Decree No. (M/3), dated 28/1/1437 AH, and any amendments thereto.
• Rules Governing Special Purpose Vehicles: The rules issued by the Board of the Capital Market Authority pursuant to Resolution No. 4-123-2017, dated 09/04/1439 AH, corresponding to 27/12/2017 AD, based on the Capital Market Law issued by Royal Decree No. M/30, dated 02/06/1424 AH, as amended by the resolution of the Board of the Capital Market Authority No. 1-7-2021, dated 01/06/1442 AH, corresponding to 14/01/2021 AD.
• Investments: Investments made pursuant to the Investment Agency Agreement.
• Financing Seekers: Companies or establishments that seek financing through the Platform.
• Related Parties: The following persons are considered Related Parties:
• Directors and employees of the Platform.
• Members of the Board of Directors of the Company 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 member of the Board of Directors, senior executives of the Platform, or their relatives holds a partnership interest, board membership, or executive position, or owns five percent (5%) or more of the share capital or shares thereof, or has influence over its decisions, including through the provision of advice or guidance.
• Any shareholder of the Company.
• Investor: A User who has invested in the opportunities offered through the Platform.
Qarar Fintech is an electronic platform that provides financing methods by connecting investors with financing seekers ("Qarar Fintech"). All information and criteria listed on the Qarar Fintech Platform constitute an integral part of Qarar Financial Technology Platform Company. Qarar Fintech does not provide, in the analyses it conducts, any analysis of securities, nor does it provide any advice or recommendations related thereto. The purpose of the Qarar Fintech Platform is to provide informational services and does not constitute an offer to sell or purchase securities. Furthermore, Qarar Fintech does not warrant or guarantee that the information provided on the Qarar Fintech Platform is accurate, complete, or suitable. Qarar Financial Technology Platform Company does not provide any guarantees or investment recommendations regarding the opportunities offered on the Platform. The Qarar Fintech Platform may be accessed via www.qararfintech.com, and in order to use the service, the User must have access to the internet and must procure all necessary materials and equipment for internet access, such as a computer, internet connection device, and other related devices.
Qarar Fintech is the owner of all publishing and copyright rights in respect of the content available on the website. These rights include, without limitation: (a) all documents, materials, and content related to the services and products within the Platform; (b) all text, information, data, graphics, plans, analytical tools, images, videos, fonts, music, sounds, HTML code, and all interfaces contained in the website; (c) the designs, selections, and arrangements specific to the website. Upon submission or transmission of any material containing any text, information, data, charts, diagrams, analytical tools, images, videos, fonts, sound effects, or sounds (for the purposes of this paragraph) to Qarar Financial Technology Platform Company, the User acknowledges the intellectual property rights permanently and exclusively granted by law to Qarar Financial Technology Platform Company. The submission or transmission of any content or material to Qarar Financial Technology Platform Company shall entail the following: (a) the User warrants that they have the full right to distribute or publish such submitted content; (b) the User undertakes to indemnify Qarar Financial Technology Platform Company against all damages in the event that any party objects to the User's distribution or publication of such content, whether or not such objection is successful; (c) the User acknowledges full awareness that Qarar Financial Technology Platform Company has the right to retain such information submitted by the User for reasons consistent with the Privacy Policy of Qarar Fintech, and that the User's grant of such rights to the Qarar Fintech Platform shall be permanent. The use of these services must comply with the laws of the Kingdom of Saudi Arabia. These Terms and Conditions apply to all users of the services owned by Qarar Financial Technology Platform Company.
Unless otherwise stated, the User is granted a non-exclusive, non-transferable, and non-assignable right to access, use, and display this Platform and all information provided by the Platform to the User for the purposes intended. Downloading any content from the Platform does not confer ownership of such content in any form, nor does it confer the right to modify such content or use it for any purposes other than those specified herein. Full ownership rights in the content shall remain vested in Qarar Financial Technology Platform Company or the entities that license it. Qarar Fintech reserves all rights not expressly granted to the User. Rights to use materials owned by Qarar Fintech under ownership and copyright rights for other purposes not specified in these Terms and Conditions shall be granted on a case-by-case basis.
The website targets the following categories of Users:
Financing seekers and projects may display their information for the purpose of organizing it computationally and presenting it for review by project supporters and prospective investors.
It should be noted that Qarar Fintech and its personnel are not agents, representatives, or guarantors of any investment in securities. Furthermore, Qarar Fintech and its personnel bear no responsibility for the regulatory compliance of such investments under the securities laws of the Kingdom of Saudi Arabia or any other country. All information and data presented and provided on this website or any other website directly linked to this website are used solely for informational purposes. No material herein shall constitute an offer to sell or purchase, or a solicitation to make an offer to purchase, from any investor regardless of their place of residence. No material contained on the website has been designed as the sole basis for making any investment decision. Each investor must fulfill all legal duties and obligations, exercise due diligence, ask questions, receive answers, obtain additional information, and conduct the necessary due diligence regarding any investment they make. All investments must comply with the laws and regulations of the jurisdiction in which the purchase, offering, or sale of securities takes place.
The Platform is available only to Users who possess the legal and regulatory capacity to benefit from the Platform's services, and the User alone shall bear responsibility in the event of any evidence to the contrary.
Trademarks are used by Qarar Fintech in accordance with the service the User wishes to obtain. Any use of the trademarks other than as stated above is strictly prohibited without the prior written consent of Qarar Fintech for the use of such trademarks. Each request for consent shall be considered on a case-by-case basis.
Qarar Fintech reserves the right, at any time and from time to time, at its sole discretion, to modify or discontinue the service temporarily or permanently (or any part of the service, including the transmission of related materials or documents), with or without prior notice. In addition, Qarar Financial Technology Platform Company reserves the right, at any time and from time to time, at its sole discretion, without prior notice, to change or terminate any content or features available on the Platform. The User agrees that Qarar Financial Technology Platform Company shall not be liable to the User or to any third party for any modification, suspension, or discontinuation of the service, content, or features available on this Platform.
Qarar Financial Technology Platform Company uses internally developed systems for its services. These systems may encounter technological or other difficulties. Computer and communications systems may also experience interruptions. Accordingly, Qarar Fintech continuously enhances and develops these systems to the extent that keeps pace with the level of use of Qarar Fintech. Furthermore, Qarar Fintech may add additional features and functionalities to its services, which may necessitate the development or licensing of additional technologies. The increased use of Qarar Fintech's services may result in an increase in the volume of transactions processed through its systems or the provision of new services, features, or functionalities, potentially causing unexpected system disruptions, slow response times, degradation in customer service levels, and delays in reporting accurate financial information.
In the event that the User registers for this service, the User warrants that all information and data provided to the Platform or the service is true, accurate, current, and complete, and undertakes to maintain and update such information to preserve its accuracy, validity, and completeness during the use of Qarar Fintech. If the User provides the Platform and Qarar Fintech with information that is untrue, inaccurate, not current, or incomplete, or if Qarar Fintech has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, Qarar Fintech shall have the right to suspend or terminate the User's account. Qarar Fintech shall also have the right to reject all or any part of the User's current or future use of the Platform or the service.
Users of Qarar Fintech acknowledge that Qarar Fintech requests and collects personal data of Users, which includes, without limitation, identity information, commercial information, financial information, professional information, and any other information related to Users ("Personal Data"). Qarar Fintech collects, uses, processes, and stores Personal Data. Failure by the User to provide or complete the provision of Personal Data to Qarar Fintech will limit the User's ability to register, obtain an account, or use the services of Qarar Fintech. In such case, the investor cannot comment on an investment opportunity or invest through the Platform. The investor may review, change, or update their Personal Data through their account settings.
All Personal Data is confidential. Qarar Fintech takes reasonable steps and measures to ensure the confidentiality of Personal Data. Qarar Fintech undertakes not to disclose Personal Data to third parties except in accordance with the requirements of investment opportunities, and where permitted or required by law. Qarar Fintech shall: (a) comply with all applicable laws in the processing of Personal Data; and (b) take all appropriate technical and organizational measures against any unlawful processing of Personal Data and against any accidental loss, destruction, leakage, or damage to Personal Data. Qarar Fintech regularly reviews its security procedures to consider appropriate new technologies and methods for preserving the confidentiality of Personal Data, with the understanding that no security measures are perfect or impenetrable.
All personal, commercial, and project-related information is strictly confidential on Qarar Fintech. Users, investors, and financing seekers undertake to maintain the confidentiality of the information and data they provide. Investors and project supporters likewise undertake to maintain the confidentiality of the information and data they receive from any party through the Platform. Investors and project supporters are prohibited from disclosing, distributing, or otherwise sharing such information and data with any third party. Projects and financing seekers shall bear full responsibility for all activities conducted using their usernames and passwords. Users must: (a) immediately notify Qarar Fintech of any unauthorized use of the username or password or any attempted security or account breach; and (b) ensure that they log out each time they finish using the account. Accordingly, Qarar Fintech shall not be liable for any losses or damages incurred as a result of failure to comply with these Terms and Conditions.
To minimize the risk of account breaches, the User's account on the Platform will be locked after five (5) failed login attempts for a period of sixty (60) minutes, after which the account will be automatically unlocked.
The services provided by Qarar Fintech may require the payment of usage fees. Registration and usage fees are subject to update and change without prior notice. Receipt of a confirmation email does not, under any circumstances, constitute acceptance of the registration application. Qarar Financial Technology Platform Company reserves the right, without prior notice, to reject the registration of any User. Qarar Fintech may require verification of information or data prior to accepting a registration application, including verification of credit record information and data. You may cancel your registration application by sending a message to [email protected].
Qarar Fintech undertakes all necessary efforts to secure all transactions conducted through the Platform. For more details on how Qarar Fintech protects the security and quality of the User's personal information, please refer to its Privacy Policy. Qarar Fintech employs advanced security measures using public key and private key encryption. The public key is used to encrypt information, and the User may use the private key to decrypt it. Thereafter, the User may commence conducting secured transactions that ensure the integrity and privacy of messages. In the event the User discovers any potentially fraudulent activity on the investment account, please contact Qarar Fintech immediately to report such activity.
Qarar Fintech reserves the right to reject personal accounts that do not conform to Qarar Fintech's quality standards and policies. Qarar Fintech shall notify of any changes or updates to any personal account, and Qarar Fintech reserves the right to reject the creation or update of any account. For information on how User account approval is determined, please contact Qarar Fintech at [email protected].
Investment pricing is based on the payment method selected by the User for the investment, as specified on the campaign page. In consideration of the services provided by Qarar Fintech, the User agrees to pay the investment amounts specified therein. For any inquiries in this regard, please contact Qarar Fintech at [email protected].
Please note that amounts paid for investment are non-refundable and non-cancellable. Qarar Fintech shall return invested amounts to investors only in the event that the investment opportunity fails to meet the minimum required coverage amount for each investment. For any inquiries, please contact Qarar Fintech at [email protected].
This Platform may contain links to pages or websites owned or operated by third parties ("Related Websites"). Qarar Fintech has no right or responsibility to control or manage the terms of use or policies of such websites or pages. Qarar Fintech does not endorse any content, advertisement, product, service, or other materials offered by such websites or pages. The User acknowledges that Qarar Fintech shall not be liable, directly or indirectly, for any damage or loss arising from or related to the use of or reliance on such content, advertisements, products, services, or other materials provided by such external Related Websites and pages. Users should contact the administrators, supervisors, or operators of such external pages and websites for any inquiries regarding their pages and websites.
This Platform may contain links to pages or websites owned or operated by third parties ("Related Websites"). Qarar Fintech has no right or responsibility to control or manage the terms of use or policies of such websites or pages. Qarar Fintech does not endorse any content, advertisement, product, service, or other materials offered by such websites or pages. The User acknowledges that Qarar Fintech shall not be liable, directly or indirectly, for any damage or loss arising from or related to the use of or reliance on such content, advertisements, products, services, or other materials provided by such external Related Websites and pages. Users should contact the administrators, supervisors, or operators of such external pages and websites for any inquiries regarding their pages and websites.
This Platform may contain links to pages or websites owned or operated by third parties ("Related Websites"). Qarar Fintech has no right or responsibility to control or manage the terms of use or policies of such websites or pages. Qarar Fintech does not endorse any content, advertisement, product, service, or other materials offered by such websites or pages. The User acknowledges that Qarar Fintech shall not be liable, directly or indirectly, for any damage or loss arising from or related to the use of or reliance on such content, advertisements, products, services, or other materials provided by such external Related Websites and pages. Users should contact the administrators, supervisors, or operators of such external pages and websites for any inquiries regarding their pages and websites.
Electronic commerce and communication via the internet rely on the secure transmission of confidential information across public networks. Accordingly, Qarar Fintech may rely on third-party licensed encryption and authentication technology to provide security and authentication technology for the secure transmission of confidential information. Furthermore, there is no guarantee, even with advances in computing capabilities, new discoveries in cryptography, or other developments and events, that the technology used by Qarar Fintech to secure customer transaction information cannot be breached. The security system adopted and used by Qarar Fintech does not guarantee that no breach will occur.
Users undertake to report to Qarar Fintech every suspicious incident involving unauthorized access, disclosure, exposure, modification, loss, destruction, or damage to information.
All electronic communications and submitted content may be monitored, inspected, preserved, read, copied, stored, or retransmitted during the daily operations by authorized employees and agents of Qarar Fintech in the performance of their duties and functions, or by the competent regulatory authorities requested to assist Qarar Fintech in investigating a potential violation. Electronic communications and content may also be inspected through electronic scanning tools. Furthermore, Qarar Fintech reserves the full right to reject any electronic communications or content it deems incompatible with the policies and procedures of Qarar Fintech.
In the event that any User of Qarar Fintech is deemed to have violated any of these Terms and Conditions, Qarar Fintech may, at its sole discretion, suspend or terminate the account and password (or any part thereof) and access to Qarar Fintech or the Platform. The User agrees that the termination, suspension, or any deletion of information related to the User's account may occur without prior notice. Upon termination, the User agrees to destroy any copies containing portions of the content available on the Platform. Finally, the User agrees that Qarar Fintech shall not be liable to any User or third party for any suspension, termination, or discontinuation of access to the service or Platform, or for any deletion of information related to the User's account. All provisions relating to the disclaimer of liability of Qarar Fintech and the indemnification for damages set forth in these Terms and Conditions shall survive the termination or expiration of the relationship with the User.
The User acknowledges and undertakes to comply with all laws, regulations, and rules of the Kingdom of Saudi Arabia when using this service, including, without limitation: completing and submitting all forms and documents required by the Capital Market Authority or any other official authorities and ensuring such authorities' approval of investors; providing the data and information required by such authorities; complying with the disclaimer relating to communications with investors; and other regulatory procedures stipulated under the regulations and rules of the Capital Market Authority. The User further warrants full awareness that Qarar Fintech is not an entity that provides legal, accounting, or tax advisory services. All information provided by Qarar Fintech relating to securities laws is provided solely for the purpose of legal awareness and does not constitute legal advice upon which the User may rely. Each User further warrants and guarantees the engagement of a legal counsel to handle all regulatory and legal consultations before and during the use of Qarar Fintech or any content provided through it.
The User is also aware that Qarar Fintech is subject to the requirements of the Capital Market Authority with respect to compliance with all anti-money laundering laws and regulations in force in the Kingdom of Saudi Arabia. In the context of efforts made in this regard, the User acknowledges and agrees that all funds, or any part thereof, used by the User to fulfill their capital commitments in connection with investment through this Platform have not been, and will not be, derived, directly or indirectly, from or in connection with any activity that may violate applicable laws. The User further acknowledges readiness at all times to provide any additional information that Qarar Fintech and/or the target investment company may request to comply with applicable laws and regulations and any additional Know Your Customer (KYC) inquiries conducted by Qarar Fintech.
Qarar Fintech disclaims all warranties or representations regarding any content contained in the service, including, without limitation: (a) warranties of merchantability or fitness for a particular purpose, including investment decisions, whether or not Qarar Fintech was aware, had reason to be aware, or was previously advised thereof; (b) no warranty is provided that any results obtained through the use of the service, content, or data available on Qarar Fintech will be achieved. Under no circumstances shall the content or services provided by Qarar Fintech be construed as investment advice or opinions from Qarar Fintech regarding the suitability of any investment project, nor shall the content and services provided by Qarar Fintech be construed as a recommendation, marketing, solicitation, or endorsement by Qarar Fintech of a particular offer to buy or sell securities. Qarar Fintech shall not be liable for any investment decision based on or derived from the content, services, or results derived from or available on Qarar Fintech. The content available on Qarar Fintech is for informational purposes only and should not be relied upon solely without legal or commercial advice. The services have been compiled based on past conditions and should not be relied upon for predicting future conditions. Qarar Fintech is not liable for any losses related to the content or services provided on Qarar Fintech arising from contractual, tortious, or other liability, whether direct or indirect, including, without limitation, loss of profits or revenues, or any economic or commercial loss for any decision made based on the content and services provided on Qarar Fintech. (c) No representation or warranty is made that all content on Qarar Fintech complies with the requirements and obligations set forth in laws and regulations, such as the regulations and rules of the Capital Market Authority or other laws and regulations. (d) The User acknowledges that the Company shall not be responsible for any inaccurate information provided on the Platform by third parties, including, without limitation, any information issued by a real estate development company in its capacity as a financing seeker under Qarar Fintech's second agreement with the Special Purpose Vehicle.
Under no circumstances shall Qarar Fintech be liable for any direct, indirect, punitive, incidental, or consequential damages (whether contractual, tortious, or otherwise) arising from the content or services available on Qarar Fintech, including, without limitation: damages arising from loss of profits or returns; damages arising from corrupted or lost data; damages arising from viruses and other harmful software and data; damages arising from internet networks and pages; any damages arising from economic or commercial losses; damages arising from decisions made by any party in reliance on the service, its content, or results; any damages arising from delay, failure, interruption, or corruption of any data or information transmitted in connection with the use of the service; and any damages arising from inaccurate information, errors, or omissions related to the content and services provided on Qarar Fintech. In all cases, the total liability of Qarar Fintech, its employees, agents, and representatives in connection with the content and services provided on Qarar Fintech shall not exceed the registration fees and user fees paid for the use of the service, whether the liability is tortious or contractual.
Each User undertakes to indemnify Qarar Fintech against any claims, actions, demands, liabilities, or settlements, including, without limitation, all legal and accounting fees arising from the User's violation of these Terms and Conditions.
a. Application of the Conflict of Interest Policy: This policy does not prejudice or supersede the laws and regulations applicable in the Kingdom of Saudi Arabia relating to conflicts of interest; rather, it is supplementary thereto. This policy applies to cases of conflict of interest and related party transactions in accordance with the provisions set forth below.
b. Objectives of the Conflict of Interest Policy: This policy aims to:
c. Concept of Conflict of Interest: An actual or potential conflict of interest arises in the following cases:
d. Cases of Conflict of Interest:
e. Resolution of Conflicts of Interest: In the event of any of the aforementioned conflict situations, they shall be resolved as follows:
f. Policy Implementation:
g. Obligations of Related Parties under the Conflict of Interest Policy:
Qarar Fintech does not warrant that the content provided on the website is appropriate for use outside the Kingdom of Saudi Arabia. Access to the content may be unlawful in certain countries and by certain persons in those countries. If any User accesses the content from any such country, they shall bear full responsibility for the damages and risks arising therefrom. Each User shall be responsible for complying with and applying the laws of the country in which they are located.
These Terms and Conditions shall be governed by the laws and regulations of the Kingdom of Saudi Arabia. Any dispute arising out of these Terms and Conditions shall be referred to an arbitration tribunal consisting of a sole arbitrator in the city of Riyadh, Kingdom of Saudi Arabia.
In the event that any provision of these Terms and Conditions is adjudged to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions. If any part of any such provision is adjudged to be invalid, that provision shall be deemed void and shall not affect the validity of the remaining Terms and Conditions.
Entrepreneurs and financing seekers of Qarar Fintech are responsible for submitting reports on the volume of financing and other related information and data, as part of their due diligence obligations. For any questions regarding the accuracy of such information and data, please contact Qarar Fintech at [email protected] so that the necessary measures may be taken.
The customer acknowledges and agrees that, in consideration of the Company's provision of its services as sponsor and custodian of the Special Purpose Vehicle, the Special Purpose Vehicle shall, pursuant to the Rules Governing Special Purpose Vehicles, pay the Company additional fees for such services, as stipulated in the agreement entered into between the Company and the Special Purpose Vehicle.
(a) These Terms and Conditions constitute the entire agreement between each User and Qarar Fintech. These Terms and Conditions govern the use of Qarar Fintech, the website, and the services provided by Qarar Fintech, and supersede all prior oral or written agreements between Users and Qarar Financial Technology Platform Company.
(b) The use of the website is also subject to the Privacy Policy and Trademark policies.
(c) The failure of Qarar Fintech to exercise any of its rights set forth in these Terms and Conditions shall not constitute a waiver of that right or any other right arising therefrom.
(d) Qarar Fintech may recover all expenses incurred, including attorney's fees, in enforcing its rights set forth in these Terms and Conditions.
(e) By using this website and the tools associated therewith, the User agrees that all metrics have been generated by computer and are objective, not subjective, and are not necessarily designed in accordance with the User's investment criteria, risk tolerance, or usage needs.
(f) The User undertakes to indemnify Qarar Fintech against any damages or losses arising from the User's use of Qarar Fintech, investment decisions, or any other damages or losses related to usage, information, or data.
(g) Investment decisions should not be made solely on the basis of the materials presented on the Platform.
(h) All figures are prepared by the issuing companies and are not subject to verification.
(i) Investors are required to exercise due diligence when using the website.
(j) Qarar Fintech and any websites connected thereto do not, at any time and for any reason, create or prepare any securities.
For more information on investment risks, please review the Investment Agency Agreement available on the Platform.
(k) By using Qarar Fintech, the User warrants full awareness that Qarar Fintech is merely a website that provides introductory information only.
(l) The User undertakes to indemnify Qarar Fintech and all its partners against any losses or damages incurred as a result of investment losses.