Terms and Conditions for Using the Etimad Platform- The Developer Portal

The Competent Body: It is the data-issuing authority that is technically linked to the National Center for Government Resources Systems (NCGR) and shares its data with it.

The Center: The National Center for Government Resources Systems

Platform: The Unified e-Portal for the Government Procurement (Etimad Platform) 

The Developer Portal: A website affiliated with the platform that provides users with Etimad services and products through the Application Programming Interface (API)

Resources of the Developer Portal: the whole body of content available at the Developer Portal including writings, images, files, and touchpoints.

How to Use: log in to the Developer Portal and deal with it in any form to request and receive information, etc.

Users: the natural or legal person who uses the platform services and products, including the natural person chosen by the user to represent him in developing or using the service.

Ultimate Beneficiary:  The person defined as the final beneficiary of the service or a requester of the service.

The Service: All the services and products provided by the National Center for Government Resources Systems and which are of use to the user through the Developer Portal.

Service Operations Management: All the operations and detailed reports indicating where the provided services can be used

Privacy Protection Policy: A set of policies, conditions, and regulations for the use of data that aims to protect the privacy of the information issued by data regulating bodies.

Clause I: Obligations and Responsibilities

1-    The user undertakes that the service main user is his legal representative

2-    The user is obligated to present correct data upon registration in the Developer Portal which he will continuously update.
3-    The User pledges not to share the username and password under any circumstances and to report to the center in the event of any leak or breach of the login information which includes the application's public and secret keys

4-    The user is obligated to provide all additional data requested by the center before and after requesting a subscription to the products and services provided through the Developer Portal.
5-    The User is to specify the names of the staff who are to have access to the data through the services provided by the Developer Portal and to immediately update them if needed.

6-    The User is to abide by the regulations and decisions issued by the center or any competent body as regards data privacy maintenance.

7-    The service will be rendered to the user in case it is available in the portal, and in the condition provided by the “competent body”. The center is not responsible for the correctness, accuracy, and comprehensiveness of the data and information provided to the user.

8-    The User shall comply with all terms and conditions of the service provision, the privacy protection policy, and/or any other policy approved by the center or the competent body as regards the service provided. 

9-     The user is not to use the service for other than the purposes intended for it, re-sell the provided services, or share them with any parties without obtaining the center’s prior written permission

10-    The center has the right to randomly check the user’s usage of the service, ask the user to provide all documents that enable it to do that or have an accredited third party do it without any costs to be incurred by the center.

11-    The center is not responsible for any damages incurred by the user in case the competent body breaches its obligations.
12-     The center shall not provide any endorsement, warranty, or guarantee to provide the service in terms of its availability or level of quality and accuracy of any kind whether express or implied. The center’s obligations will be limited only to returning the service’s financial consideration

13-    The user agrees to disclaim the center’s responsibility for the errors of any third party, including but not limited to providers of the telecommunication service or disruption of communication to the Center's website. The user shall acknowledge that the Center is not responsible in case the Internet service providers are unable to connect electronically with the service or in the event that their current systems or those of the Center are unable to appropriately provide services.
14-     Without prejudice to the Liability for Damages Regulations in accordance with the regulations in force in the KSA, the User shall be responsible for fines or any other actions arising from the User’s breach of the Service’s terms and conditions of use, as fines and actions may be imposed by the competent bodies pursuant to their regulations.

15-     The license of access to the Developer Portal of Etimad Platform is only meant for the user and should not be shared with any other party.

16-     The use of the resources of the Platform’s Developer Portal is limited to the development of test applications only, and should not be used for any other purposes.

17- The user pledges not to share, send or declare data in any way.

18- The user may not engage in any activity that may lead to direct or indirect damage to the Developer Portal or its resources.

19- The user is obligated not to declare or indicate in any way that the product or service developed in the Developer Portal is "accredited" without referring to the Center and obtaining prior written permission.

20- Agreeing to share with the center the right to have access to applications developed through the resources of the Developer Portal and to review the application software at no cost.

21-    Agreeing to give the Center the unconditional right to publish public press releases or create and distribute media materials that refer to the name of the entity that owns the application, its trademark, and the application developed through the Developer Portal’s resources.

22- The user is obligated to make sure that the developed application does not contain malware and must adopt the highest standards of application and network protection.

 

23- The user has no right to use the name of the center, its logo, or the pictures of its facilities for any advertising purposes without referring to the center and obtaining prior written permission.

 

Clause II: Communication and Coordination

The user shall agree to appoint a liaison officer to coordinate and facilitate the provision of the service and remove obstacles that may arise during implementation, by immediately communicating with the Center, participating in meetings or telephone calls, or using other technical means when requested by the Center.

Clause III: Service Financial Fee

The user shall be bound to pay the service financial fees provided through the developer portal, in accordance with the decisions issued by the Centre and in accordance with the mechanisms and periods approved by the center, and other relevant regulations and decisions.

Clause IV: Service Duration and Termination

Service shall be activated from the date of the user's approval of the terms and conditions of the service, and without prejudice to the center's rights contained in the 8th clause of terms and conditions, the user has the right to terminate the service according to the mechanism specified by the center, without prejudice to his obligations under these terms and conditions.

Clause V: Privacy and confidentiality of information:

All data and information in any form, which the user obtains under the service and everything related to it, are all confidential matters that the user and his followers must maintain confidential and undisclosed, with the user taking into account the following regarding such information or confidential data: 
1.    Limit their use to the purposes for which they were intended.
2.    Not to save data and information in any form.
3.    Protect them from disclosure to any third parties in any way.
4.    Provisions of this clause shall apply to the user even after the termination or end of the term of the service provision, and until the confidentiality of the information by its owner ceases to exist.
5.    The user shall be bound to commit to the instructions of the National Cyber-Security Authority regarding the preservation and storage of data.

Clause VI: Intellectual Property

-    The user shall be bound to observe the private intellectual and literary property rights or the rights owned by the center and not to infringe on them, and all intellectual property rights related to services and data are considered the property of the center or the competent body-  according to the nature of the data - and the user is obligated not to violate any rights of others, including but not limited to: copyrights, patents, trademarks, brands, data, information or the outputs of services and other intellectual property rights,  furthermore the data and services provided to the user are based on a usage license and not data ownership.
-     The user acknowledges his knowledge that providing him with some of the necessary powers to obtain this service does not give him the right, whether for him or his staff, to own materials and property, whether in the form of documents, programs, marks, or similar materials extracted or related to the service or provided through it or the like, a matter which gives him the status of ownership, and he is responsible for what his users may commit of modification, copying, tampering or infringement on the data or any part thereof.

Clause VII: Termination

 The center is entitled, at its sole discretion, to terminate the provision of this service immediately or suspend it, in whole or in part, in the following cases:
a. The user's misuse of the service or the information contained therein, or the use of the service for a purpose other than its intended purpose, or non-compliance with what is stated in the 5th   clause of these terms and conditions.
b. The user breaches any of his obligations under these terms and conditions and/or the instructions sent to the user electronically (via the User's e-mail) or by any other means approved by the center.
c. Suspending the service completely or partially for the user upon a request by the competent body.
d.   The competent body prohibits or restricts servicing.
1.    In case the termination is the result of the user's breach of one of his obligations, the termination of the service does not preclude the right of the center to exercise its other statutory rights, including taking any official judicial steps against the user, and recoursing to the user to pay the necessary compensation for any damages or losses incurred by the center due to the user's breach, as determined by the regulations in force in the KSA, the user shall also bear all fines issued against him by the competent body.
2. In case the provision of the service is terminated or comes to an end for any reason, the center has the right to cancel all the user's services and delete and remove all data and information in the services of the user without incurring any responsibility for any losses or damages caused to the user.
3. The center has the right to terminate this service at any time without compensation to the user while notifying the user in the manner the center deems appropriate.

 

Clause VIII: General Provisions

-    The center does not bear any financial costs towards the user in carrying out his responsibilities, and the center does not bear any responsibility towards the user for any direct or indirect damages, whether foreseeable or unforeseeable, due to the introduction of this service.
-    The center may amend any of the clauses or terms of the agreement and make the amended version available to the user through the platform, which is considered effective for the user from the date of its publication.
-    These Terms and Conditions are subject to the regulations in force in the KSA and are interpreted accordingly, and if any dispute occurs in any matter related to the implementation or interpretation of the terms and conditions of the introduction of the service, the user is obligated to seek to resolve it amicably, and if an amicable solution is not reached, the administrative courts in the KSA shall have jurisdiction to decide on it.
-    Servicing shall be governed by the provisions of the Electronic Transactions Law, the Anti-Cybercrime Law, and other regulations related to electronic transactions.
-    These Terms and Conditions do not restrict any rights of the center contained in any laws, regulations, decisions, agreements, or other documents in force in the KSA.
-    In the absence of a definition of a specific phrase in these terms and conditions, and a definition of it is contained in the regulations and decisions of the center, the definition contained in the regulations and decisions of the center shall be taken into account.