Terms of Service

Ghwaish Commerce is a digital business-to-business (B2B) procurement platform operated in the Kingdom of Saudi Arabia. It provides structured workflows for requests for quotation ("RFQs"), supplier quotations, comparison, decision documentation, and purchase orders. It is not a supplier directory, not a marketplace that sells goods, and it does not guarantee any sale, purchase, or other business outcome.

These Terms of Service (the "Terms") are a binding agreement between the Operator and each Company and User that accesses or uses the Platform. Please read them carefully together with the Privacy Policy, the Buyer Terms, the Supplier Terms, and the Acceptable Use Policy, which are incorporated into these Terms by reference.

Ghwaish Commerce is a digital B2B procurement platform operated in the Kingdom of Saudi Arabia (the "Operator", "we", "us", or "our"). Legal notices may be sent to support@ghwaishco.com.

"Platform" means the Ghwaish Commerce website, web application, application programming interfaces, and related services. "Company" means a buyer or supplier organization registered on the Platform. "User" means an individual who holds an account and acts on behalf of a Company. "Buyer" means a Company that issues RFQs. "Supplier" means a Company that receives RFQ invitations and submits Quotes. "RFQ" means a request for quotation issued by a Buyer. "Quote" means a Supplier’s response to an RFQ. "Award" means a Buyer’s decision to accept a Quote. "Purchase Order" or "PO" means the order document a Buyer issues following an Award. "Content" means any information, data, text, document, or file a User submits to the Platform. "Decision Intelligence" means the rule-based comparison feature described below. "Ghwaish NOW" means the availability feature described below. "Tala" means the optional AI-assisted and voice features described below. "Transaction" means any contract, order, delivery, payment, or other dealing between a Buyer and a Supplier.

By creating an account, accepting an invitation, submitting a request, signing in, or otherwise using the Platform, you accept these Terms on your own behalf and on behalf of the Company you represent. If you do not agree, do not use the Platform.

You must be at least eighteen (18) years old and have full legal capacity. You represent and warrant that you have the actual authority to bind your Company to these Terms and to issue RFQs, submit Quotes, make Awards, issue Purchase Orders, and otherwise act on procurement and commercial matters on its behalf. The Operator may rely on that representation without independently verifying your internal authorizations, and your Company is bound by the actions taken through its accounts.

Your acceptance is recorded electronically, together with the version of these Terms in force and the date and time of acceptance, and constitutes a valid and enforceable agreement in accordance with the applicable electronic transactions laws of the Kingdom of Saudi Arabia.

You must provide accurate, current, and complete information when registering your Company and its Users, and keep it up to date. Company registration details you provide (such as a commercial registration number) must belong to the Company you represent.

You are responsible for all activity that occurs under your Company’s accounts. You must keep credentials confidential, must not share an account between individuals, must not allow any person who is not authorized by your Company to use it, and must notify us promptly at the contact address below if you suspect unauthorized access or any compromise of your credentials. We may require additional verification, such as a one-time code, before granting or restoring access.

Company administrators are responsible for the Users they invite, for assigning appropriate roles, and for removing access when a User leaves the Company or no longer needs it.

New Companies and Users are subject to review before activation. We may request supporting information or documents to complete that review, and we may decline, delay, suspend, or revoke activation at our reasonable discretion, including where information appears inaccurate or where a Company does not meet our participation criteria. Review is an operational control; it is not a certification of a Company’s legal status, creditworthiness, capability, or compliance, and no User should rely on it as such.

The Operator provides a technology platform and related operational support. The Operator is not a buyer, seller, supplier, distributor, agent, broker, guarantor, or insurer of any party, and is not automatically a party to the purchase contract between a Buyer and a Supplier. Unless the Operator expressly agrees otherwise in a separate written agreement signed by it, every Transaction is concluded solely between the Buyer and the Supplier, who alone are responsible for its terms, performance, and consequences.

The Operator does not act as a procurement agent, legal adviser, financial adviser, or tax adviser, and nothing on the Platform constitutes such advice.

Buyers are solely responsible for the content, accuracy, specifications, quantities, timing, and requirements of each RFQ, for selecting the Suppliers they invite, and for evaluating the Quotes they receive. Suppliers are solely responsible for the pricing, validity, availability, product or service descriptions, taxes, delivery terms, and all other content of each Quote, and for their ability to perform if selected. The Operator does not create, verify, endorse, or guarantee any RFQ or Quote, and each Quote is the submitting Supplier’s own offer.

The Buyer Terms and Supplier Terms contain additional obligations for each role and form part of these Terms.

Decision Intelligence compares the Quotes submitted to an RFQ using deterministic, rule-based logic applied to the data already recorded on the Platform. It restates facts (such as price, delivery, validity, completeness, and history with your Company) and applies a fixed set of published rules to suggest a Quote. It is not a machine-learning or generative-AI system, and its output is decision support only — it is not a decision, an endorsement, or a guarantee that the suggested Quote or Supplier will perform, deliver, or produce any particular commercial result.

Any recommendation, flag, ranking, or projected saving may be incomplete or may rely on data that a Supplier entered incorrectly, and does not constitute legal, financial, tax, or procurement advice. The decision to award, reject, or proceed with any Quote remains entirely the Buyer’s responsibility, and the Operator accepts no responsibility for a Buyer’s reliance on Decision Intelligence output.

Where enabled, Ghwaish NOW indicates which Suppliers have reported that a catalog item is available, based on outreach and Supplier responses recorded on the Platform. Availability information is time-sensitive: it reflects what a Supplier reported at a particular moment, carries a freshness indicator, and may be stale, incomplete, or superseded at any time. It is not a live inventory feed, is not verified by the Operator beyond the Supplier’s own response, and is not a guarantee, reservation, or allocation of inventory. You must confirm availability, price, and terms directly with the Supplier before relying on them for any purchase decision.

Decision Intelligence (above) does not use artificial intelligence. Separately, the Operator may make optional AI-assisted features available, including a conversational assistant and, where enabled, voice features (together, "Tala"), to help track buying needs, review supplier offers, or analyze documents you share with them. Tala output is generated automatically and is assistive only: it can misunderstand a request, produce inaccurate, incomplete, or outdated output, or omit facts not yet recorded on the Platform. You are responsible for verifying any Tala output before acting on it, and any procurement, pricing, legal, tax, or compliance decision you make using it remains your sole responsibility. Availability of these features varies by account and may change without notice.

Where a voice or telephony feature is enabled for your account, calls made or received through it may be transcribed, recorded, and processed as described in the Privacy Policy, and you are responsible for obtaining any consent required from the individuals you communicate with. These features are optional, are not required to use the core RFQ, Quote, or Purchase Order workflow, and must not be relied on for emergency, time-critical, or safety-critical communication.

An Award and any Purchase Order are actions taken by the Buyer at its own discretion. They create rights and obligations only between the Buyer and the Supplier. The Operator is not responsible for the underlying Transaction, including the quality, conformity, safety, legality, delivery, or performance of any goods or services, the accuracy of any Quote or invoice, the Buyer’s payment, or any dispute between the parties, and the Operator does not guarantee that an Award or Purchase Order will result in a completed Transaction.

Buyers and Suppliers remain responsible for their contracts, payment, delivery, invoicing, tax and VAT treatment, warranties, returns, permits and licences, and for the legal compliance of their own Transaction. Any dispute arising from a Transaction must be resolved between the Buyer and the Supplier.

Where fees apply to the use of the Platform, they are set out in a separate written order or on the Platform. Unless stated otherwise, fees are exclusive of value added tax and any other applicable taxes, duties, or charges, which are payable in addition. You are responsible for any taxes arising from your own Transactions. We may change fees on reasonable notice; changes do not apply to a period already paid for.

You retain ownership of your Content. You grant the Operator a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, and display your Content solely to operate, secure, support, and improve the Platform and to deliver it to the counterparties the workflow requires — for example, sending your RFQ to an invited Supplier or your Quote to the Buyer that requested it.

You represent and warrant that: you have all rights and authority needed to submit your Content and to grant the license above; your Content is accurate and not misleading; it does not infringe any intellectual property, confidentiality, privacy, or other right of any person; it does not contain malicious code; and it complies with these Terms, the Acceptable Use Policy, and applicable law. You are solely responsible for your Content and for any loss caused by its inaccuracy. We may remove or disable access to Content that we reasonably believe breaches these Terms, but we have no obligation to monitor Content.

RFQs, Quotes, prices, attachments, and related communications may contain confidential commercial information of another Company ("Confidential Information"). Each Company must use Confidential Information it receives through the Platform only for the procurement purpose for which it was shared, must protect it with at least reasonable care, and must not disclose it to third parties except to its own personnel and advisers who need it for that purpose and are bound by equivalent obligations. These obligations do not apply to information that is public through no fault of the recipient, was already lawfully known to it, or must be disclosed by law or by order of a competent authority.

You must not upload confidential or third-party information unless you are authorized to do so. The Platform applies role-based access controls, but the Operator cannot control the use of information by Users who were authorized to access it and is not liable for a Company’s misuse of another Company’s Confidential Information.

Use of the Platform is subject to the Acceptable Use Policy, which forms part of these Terms. In particular, you must not: use the Platform for any unlawful purpose or in breach of any sanctions, anti-bribery, competition, export, or import law; submit false, misleading, or fraudulent RFQs, Quotes, or Company information; manipulate RFQ outcomes, collude with other participants, or use the Platform to bypass your own organization’s procurement controls; attempt to gain unauthorized access to any account, data, or system, or to probe, scan, or test the Platform’s security without our written permission; scrape, harvest, or bulk-extract data; introduce malicious code; reverse engineer, copy, or resell the Platform; use automated means to access the Platform except through interfaces we make available for that purpose; or interfere with the Platform’s operation or other Users’ use of it.

The Platform, including its software, design, databases, documentation, Decision Intelligence rules, and the Ghwaish Commerce name, logos, and branding, is owned by or licensed to the Operator and is protected by the intellectual property laws of the Kingdom of Saudi Arabia and other jurisdictions. Subject to these Terms, the Operator grants your Company a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for its internal procurement purposes. No other right is granted, and all rights not expressly granted are reserved.

If you provide suggestions or feedback about the Platform, the Operator may use them without restriction or obligation to you.

The Platform relies on third-party service providers to operate, including cloud hosting, storage, and transactional email delivery, and, where an optional AI or voice feature is enabled, AI, speech, and telephony providers, as described in the Privacy Policy. The Operator is not responsible for the availability, performance, or acts of third-party services beyond its reasonable control, or for any third-party website or service you access through a link on the Platform.

We aim to keep the Platform available and reliable, but we do not guarantee uninterrupted, error-free, or secure access, and the Platform may be unavailable during maintenance, updates, or events beyond our control. We may add, modify, suspend, or discontinue any feature or part of the Platform at any time. Where a change materially reduces the core RFQ, Quote, or Purchase Order functionality available to your Company, we will use reasonable efforts to give advance notice.

We may suspend or restrict access to a User or Company account, or remove Content, with or without notice, where we reasonably believe that: these Terms, the Acceptable Use Policy, or applicable law have been breached; the account presents a security, fraud, or legal risk; information provided is false or cannot be verified; or suspension is needed to protect the Platform, other Users, or third parties. We may terminate an account for a material breach that is not cured within a reasonable period after notice, or immediately where cure is not possible. Your Company may stop using the Platform at any time, and Users may close their own accounts as described in the Privacy Policy.

Termination or closure does not affect rights or obligations that arose before it, including obligations under any Transaction and any accrued fees. Procurement and audit records are retained as described in the Privacy Policy.

The Platform, including Decision Intelligence, Ghwaish NOW, and any Tala feature, is provided "as is" and "as available". To the maximum extent permitted by the laws of the Kingdom of Saudi Arabia, the Operator disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, and non-infringement.

Without limiting the foregoing, the Operator does not guarantee: that any Supplier will be available, respond, quote, or perform; the quality, safety, legality, or conformity of any goods or services; the best price, any cost saving, any sales, any customers, or the outcome of any RFQ; the accuracy of any Quote, availability report, or AI-assisted output; that a Company’s verification status reflects its actual standing; or that the Platform will be uninterrupted, timely, or error-free.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the laws of the Kingdom of Saudi Arabia, including liability for fraud, wilful misconduct, or gross negligence.

Subject to the paragraph above, to the maximum extent permitted by law: (a) the Operator is not liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profit, revenue, business, contracts, goodwill, anticipated savings, data, or use, however arising, even if advised of the possibility of such loss; (b) the Operator is not liable for any loss arising from a Transaction, from a Buyer’s or Supplier’s acts or omissions, from reliance on Decision Intelligence, Ghwaish NOW, or Tala output, from your Content, or from unauthorized access resulting from your failure to secure your credentials; and (c) the Operator’s total aggregate liability to a Company and its Users for all claims arising out of or relating to the Platform or these Terms in any twelve (12) month period shall not exceed the fees paid by that Company to the Operator for the Platform in the twelve (12) months preceding the event giving rise to the claim or, where no fees were paid, one thousand Saudi Riyals (SAR 1,000).

To the extent permitted by applicable law, your Company shall indemnify, defend, and hold harmless the Operator and its personnel from and against all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: your or your Users’ breach of these Terms or the Acceptable Use Policy; your Content; any Transaction or dispute between your Company and another Company; your violation of applicable law or of any third party’s rights; or any unauthorized use of the Platform through your Company’s accounts. We will notify you of any such claim and may participate in its defence at our own expense; you may not settle a claim in a way that imposes obligations on the Operator without our written consent.

These Terms and any dispute or claim arising out of or in connection with them or the Platform are governed by the laws and regulations of the Kingdom of Saudi Arabia.

The parties shall first attempt to resolve any dispute amicably by written notice to the other party and good-faith discussion for a period of thirty (30) days. Any dispute not resolved within that period shall be submitted to the competent courts of the Kingdom of Saudi Arabia, which shall have exclusive jurisdiction. Nothing in this section prevents either party from seeking urgent interim relief from a competent court.

Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, governmental action, labour disputes, failures of the internet, telecommunications, or third-party hosting providers, or power outages, provided that the affected party uses reasonable efforts to mitigate the effect and resumes performance as soon as practicable.

Entire agreement. These Terms, together with the Privacy Policy, the Buyer Terms, the Supplier Terms, the Acceptable Use Policy, and any written order or agreement signed by the Operator, constitute the entire agreement between the Operator and your Company regarding the Platform and supersede all prior discussions and understandings on that subject.

Assignment. You may not assign or transfer these Terms or any account without our prior written consent. The Operator may assign these Terms to a successor or affiliate that takes over operation of the Platform, and will notify you of any such assignment.

No waiver. A failure or delay by either party in exercising any right under these Terms is not a waiver of that right, and a waiver on one occasion is not a waiver on any other occasion.

Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force.

Survival. Provisions that by their nature should survive termination — including those concerning Content, confidentiality, intellectual property, fees, disclaimers, limitation of liability, indemnity, governing law, and this section — survive any termination or expiry of these Terms.

Notices. We may give you notice by email to the address on your account, by a notice on the Platform, or by other reasonable means. You may give us notice at the contact address below. Notices are deemed received when sent, unless the sender receives a delivery failure.

Language. These Terms are provided in Arabic and English, and both versions are intended to have the same meaning and effect.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the Operator and any Company or User, and no third party has any right to enforce these Terms.

We may update these Terms from time to time. Material changes will be published on the Platform with a new version number and effective date, and, where reasonably practicable, notified to Company administrators in advance. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms; if you do not agree, you must stop using the Platform before that date.

For questions about these Terms, contact support@ghwaishco.com.