Spare Platform Use Policy
Issued by Al-Markaba Al-Idafiya Company Limited ("Spare"), effective from the date of its publication on the Platform.
Preamble This Policy sets out the rules for using the Spare Platform — application and website — and the standards of conduct required of everyone who uses it. It has been prepared in accordance with the laws in force in the Kingdom of Saudi Arabia, including the E-Commerce Law, the Electronic Transactions Law, the Anti-Cyber Crime Law, the Personal Data Protection Law, and their implementing regulations. This Policy forms an integral part of the agreement concluded between the Company and each user, and use of the Platform constitutes acceptance of it.
Clause One: Definitions 1. "Platform": the electronic platform — application and website — operated by Al-Markaba Al-Idafiya Company Limited ("Spare"), the "Company", together with its related communication channels and notifications. 2. "User": anyone who accesses or uses the Platform in any capacity, including the Client, the service provider and the visitor. 3. "Service Provider": the maintenance center, the transport company, the Approved Assessor, the Approved Technician, and every entity with which the Company contracts to perform services through the Platform, including their authorized employees. 4. "Relevant Agreement": the agreement concluded between the Company and the User according to its capacity. 5. "Content": everything the User uploads or sends through the Platform, whether data, photographs, clips, documents, correspondence or ratings. All other terms used in this Policy shall have the meanings assigned to them in the Relevant Agreement.
Clause Two: Scope of the Policy and Its Relationship with the Agreements 1. This Policy applies to all Users in whatever capacity, and to every use of the Platform, its content and its communication channels. 2. This Policy supplements the Relevant Agreement and the Privacy Policy, and does not amend the rights, financial obligations or liability provisions set out in them. 3. In the event of conflict, the provisions of the Relevant Agreement and the requests and technical quotations issued under it shall prevail, in accordance with the order of priority prescribed in it.
Clause Three: The Account and Its Security 1. The User must have full legal capacity, and whoever registers on behalf of a legal person must be duly authorized to represent it. 2. The User shall enter accurate and up-to-date data and verify it via the one-time password (OTP) or the Unified National Access service, and is prohibited from registering in another's name, impersonating another, or using an identity or mobile number that is not its own. 3. The account is personal; it may not be sold, transferred or leased, nor may its login credentials be shared, and a service provider's account may be used only by its authorized employees registered with the Company. 4. Disabling the verification methods or attempting to circumvent them is prohibited, and the User shall notify the Company immediately of any suspected hacking of its account or loss of control over it. 5. The Company may at any time request proof of the User's identity, its ownership of the vehicle or its authorization, and may suspend the account until such proof is provided.
Clause Four: General Prohibitions The User is prohibited from the following: 1. Using the Platform for any purpose contrary to the laws or public morals, or for a purpose other than that for which it was designed. 2. Requesting a service for a vehicle it does not own and is not legally authorized to maintain, or for a vehicle it knows to be subject to a legal impediment to its maintenance or transport, or submitting a request that requires a statutory permit before obtaining it. 3. Providing forged, altered or misleading data, photographs or documents, or concealing material information about the vehicle. 4. Communicating or contracting outside the Platform with any party it came to know through the Platform, in breach of the provisions on the prohibition of circumvention and confidentiality of identity set out in the Relevant Agreement. 5. Requesting, paying or accepting any amount or benefit outside the payment methods approved on the Platform. 6. Using a payment method it is not entitled to use, or making a vexatious chargeback with the card issuer against a valid payment. 7. Misusing the promotional offers or discount codes made available by the Company, or creating multiple accounts to benefit from them. 8. Submitting fictitious, vexatious or repeated requests with the intent to cause harm or disruption.
Clause Five: Technical Prohibitions The User is prohibited from the following: 1. Unauthorized access, or attempted access, to the Platform, its systems or others' accounts, or uploading any malicious software or code that impairs its operation. 2. Using robots, automated data-extraction tools or any automated means to access the Platform or copy its content, without the Company's written permission. 3. Reverse engineering, decrypting or modifying the Platform's software, or loading it with anything that disables or slows it, or circumventing its security controls. 4. Testing the Platform's vulnerabilities without prior written permission; whoever discovers a vulnerability shall report it through the Company's channels and is prohibited from exploiting it or disclosing it to others.
Clause Six: Content and Ratings 1. The User alone is responsible for the content it uploads or sends; the Company does not review it in advance, and its presence on the Platform does not constitute the Company's endorsement of it. 2. The User shall ensure that the photographs and clips uploaded are genuine, recent and specific to the vehicle subject of the request, without any alteration changing their reality. 3. Content — including ratings — is prohibited from containing any of the following: (a) Abuse, defamation, slander, threats or discrimination, or anything offending public morals. (b) Personal data of others without their permission. (c) Advertisements, links or external contact details. (d) Anything infringing the intellectual property rights of others. 4. A rating must reflect an actual experience arising from a request performed through the Platform; fictitious, paid or collusive ratings are prohibited, and the Company does not withhold a rating merely because it is negative where it is truthful and complies with these standards. 5. Correspondence relating to requests shall take place exclusively through the Platform's channels. 6. The User authorizes the Company to use the content it uploads to the extent necessary to perform the service, document it and establish rights, in accordance with the Privacy Policy. 7. The Company may block or delete any infringing content without prior notice.
Clause Seven: Specific Rules of Conduct 1. The Client shall: (a) Deal respectfully with the representatives of the service providers, including drivers, technicians and assessors. (b) Adhere to the collection and delivery appointments, or appoint someone to attend, with notice to the Company. (c) Remove personal and valuable belongings from the vehicle before handing it over, and review the receipt record before signing it and record any observation in it. (d) In mobile maintenance: prepare a safe location that does not contravene municipal or traffic regulations or the building's requirements. (e) Refrain from attempting to influence the Assessor or offering it any benefit. 2. Service providers shall — without prejudice to their obligations under the relevant agreements — do the following: (a) Deal professionally with clients and refrain from any abuse. (b) Not disclose their identity where it is withheld, and not provide contact details, business cards or offers outside the Platform. (c) Not request any amount, gratuity or additional work from the Client directly. (d) Limit photographing of the vehicle to the documentation purposes approved on the Platform, and not retain the photographs outside it. (e) Not influence the Assessor or offer it any benefit.
Clause Eight: Reporting Violations 1. Any User may report any violation of this Policy through the contact channels set out in Clause Twelve. 2. The Company treats reports confidentially and does not disclose the identity of the reporter except pursuant to a lawful request. 3. Vexatious reporting is prohibited and constitutes a violation of this Policy.
Clause Nine: Measures Arising from a Violation 1. Upon a violation, the Company may take one or more of the following measures, proportionate to its gravity and repetition: (a) A warning. (b) Blocking or deleting the infringing content. (c) Restricting certain account features or suspending the receipt of requests. (d) Temporary suspension of the account. (e) Permanent closure of the account and prevention of re-registration. (f) Notifying the competent authorities where the violation constitutes a crime or is suspected of doing so. 2. The Company may take the measure immediately and without warning in serious violations, including: forgery, hacking or attempted hacking, financial fraud, circumvention of the Platform, and serious abuse. 3. The Company shall handle requests outstanding at the time the measure is taken in accordance with the Relevant Agreement, in a manner ensuring return of the vehicle to its owner. 4. These measures are without prejudice to the User's outstanding obligations, or to the Company's right to compensation and to the amounts prescribed in the Relevant Agreement.
Clause Ten: Grievance Against a Measure 1. The User may file a grievance against the measure taken against it within fifteen (15) days from the date of its notification, through the contact channels set out in Clause Twelve. 2. The Company shall decide on the grievance within thirty (30) days from the date of its receipt and shall notify the User of the outcome. 3. The grievance is without prejudice to the User's right to resort to the competent authority in accordance with the Relevant Agreement.
Clause Eleven: Amendment of the Policy 1. The Company may amend this Policy at any time, and shall publish the amended version on the Platform including the date of the update. 2. The Company shall notify Users of the amendment through the means approved in the Relevant Agreement, and the amendment shall not be effective against the User until it has been notified. 3. The amendment shall not apply to requests outstanding at the time it takes effect in a manner conflicting with the provisions under which they arose.
Clause Twelve: Governing Law and Contact 1. This Policy is governed by the laws in force in the Kingdom of Saudi Arabia, and disputes arising from it shall be settled in accordance with the provisions of the Relevant Agreement. 2. For enquiries, reports or grievances, the Company may be contacted through the reporting form within the Platform.
Clause Thirteen: Governing Language This Policy has been drawn up in Arabic and English; the official language is Arabic, and the Arabic text shall prevail in the event of any discrepancy between the two texts.