Legal Documents and Regulatory Policies
Hamalha digital marketplace — please read the full document
Integrated Legal Documents and Regulatory Policies
Hamalha digital marketplace for buying and selling digital products
Legal Document Index and Contents
I. Unified Definitions and Terminology
The following definitions and terms apply to all documents, policies, and terms attached to this agreement without duplication or conflict:
Unified Legal and Operational Definition
Term
The Hamalha electronic platform specialized as a technical intermediary connecting sellers and buyers to facilitate the trading of digital products, with the official website hamellha.com.
Platform / Hamalha Platform
Hamalha Company, Commercial Registration No. (7053625864), as the exclusive owner and operator of the Platform and its channels.
Platform Administration / Administration
Any user (natural or legal person) who creates a commercial account on the Platform to display and sell their digital products to the public.
Seller
Any user who requests, purchases, or downloads any digital product available through the Platform.
Buyer
Any natural or legal person who visits the Platform, browses it, or benefits from any of its services as a seller or buyer.
User
Any non-tangible content or file delivered and stored electronically (such as books, designs, templates, fonts, software, code, videos, and the like).
Digital Product
The digital space allocated to the user on the Platform after completing registration, to store their data, transactions, and communications.
Account
The documented electronic process through which the buyer requests a digital product in exchange for the price specified in Saudi Riyals.
Order
II. General Terms and Conditions of the Hamalha Platform
Article 1: Legal Nature of the Platform and Eligibility for Use
1.1 The Hamalha Platform is a technical intermediary (Marketplace) only. It provides the infrastructure to display digital products owned by sellers and to record financial transactions. The Platform is not the owner of the products listed, is not a party to the independent sale contract between seller and buyer, and bears no responsibility regarding product quality or conformity.
1.2 Registration and use require that the user has full legal capacity to contract, provides accurate and up-to-date information, and bears sole responsibility for the confidentiality of account credentials and password and for all activities conducted through the account.
Article 2: Account Suspension Policy and Fraud Prevention
2.1 The Platform Administration may, immediately and at its sole discretion and without prior notice or compensation, suspend or permanently ban any user account in the following cases:
• Violation of any provision of this agreement or the Platform policies.
• Providing false or misleading identity or financial information during registration.
• Engaging in suspicious or fraudulent activities or misuse of Platform services, whether technically or legally.
• Infringement of the intellectual property rights of other sellers or of the Platform.
Article 3: Limits of the Platform's Legal Liability
3.1 The Platform provides its services on an "as available" basis and makes no express or implied warranties regarding the quality of digital products uploaded by sellers or their suitability for the buyer's specific purposes.
3.2 The Platform fully disclaims liability for any direct or indirect losses, or material, technical, or financial damages arising to the user from using the Platform or from purchasing and using digital products.
Continued — General Terms and Conditions of the Hamalha Platform
Article 4: Force Majeure and Exceptional Circumstances
4.1 The Platform and its Administration bear no liability for service interruption, delayed product delivery, or failure to fulfill obligations due to force majeure or exceptional circumstances beyond their material control, including but not limited to: natural disasters, wars, interruption of public internet and communications networks, large-scale cyberattacks, or government decisions regulating and restricting electronic transactions.
Article 5: Dispute and Complaint Management Between Parties
5.1 If any dispute arises between seller and buyer regarding a digital product, both parties must first attempt to resolve the dispute amicably and in good faith through the Platform's approved communication channels.
5.2 The buyer may submit an official complaint to the Platform Administration within a period not exceeding [to be determined by the Platform Administration] days from the purchase date. The Platform Administration intervenes as a technical arbiter and neutral mediator to review the complaint based on available evidence and description. Its decision regarding refund or settlement is final and binding on both parties within the Platform.
Article 6: Notifications and Legal and Regulatory Amendments
6.1 Notifications sent by the Platform to users via registered email or in-Platform direct alerts are official and legally effective upon sending.
6.2 The Platform reserves the absolute right to amend these terms and policies at any time. Amendments take effect immediately upon publication on the Platform. Continued use of the Platform after an update constitutes the user's explicit acceptance of the amended terms.
Article 7: Governing Law and Jurisdiction
7.1 These terms and policies are governed by and interpreted entirely in accordance with the laws applicable in the Kingdom of Saudi Arabia (including the E-Commerce Law and the Electronic Transactions Law).
7.2 Exclusive jurisdiction over any legal dispute arising from use of the Platform that cannot be resolved amicably rests with the competent courts in [to be determined by the Platform Administration], Kingdom of Saudi Arabia.
III. Privacy Policy and Personal Data Protection
The Hamalha Platform is committed to protecting the absolute privacy of its users. This policy is fully aligned with the Saudi Personal Data Protection Law (PDPL) and its implementing regulations:
Article 1: Classification of Data Collected and Processed
1.1 The Platform collects essential data necessary to provide services and secure transactions, classified as follows:
• Personal account data: including name, verified email address, and mobile number.
• Identity and verification data for sellers: full name, commercial registration or freelance document, and ID image for regulatory verification.
• Financial data: including bank account numbers (IBAN) for sellers to transfer earnings. We confirm that the Platform does not permanently store buyers' payment card data; processing is handled directly through secure, approved payment gateways.
• Technical data: such as IP address, browser type, operating system, and cookies to improve usage.
Article 2: Lawful Purposes of Data Processing and Sharing
2.1 Personal data processing is limited to the following purposes: processing and delivering purchase orders, transferring seller dues, providing technical support, detecting and combating fraud and cyber threats, and compliance with judicial and government regulations.
2.2 The Platform does not share or sell personal data to any external commercial entities. Sharing occurs exclusively with approved service providers (such as payment gateways and secured hosting servers) within the narrow technical limits required to operate the Platform while ensuring full confidentiality.
Article 3: User Rights as Data Subject (Under PDPL)
3.1 The Saudi Personal Data Protection Law guarantees users the following legal rights:
• Right to know and access: to know what data is collected and obtain a copy.
• Right to correction and update: to request correction or completion of inaccurate data.
• Right to destruction and deletion: to request deletion of personal data when the purpose ends, unless a regulatory obligation prevents it.
• Right to withdraw consent: the user may withdraw consent to data processing at any time.
Article 4: Data Retention Period and Information Security
4.1 The Platform stores personal data on secure servers protected by strong encryption throughout the account usage period. Data is retained after account closure for [to be determined by the Platform Administration] for compliance with the Saudi E-Commerce Law and financial audit, then destroyed completely and securely.
IV. Refund and Return Policy for Digital Products
Given the instant and non-tangible nature of digital products delivered electronically, purchases are final and subject to the following policy to ensure full fairness between seller and buyer:
Article 1: General Rule and Non-Refundable Cases
1.1 As a general rule based on the nature of digital products, the buyer may not request a refund or order cancellation once enabled to access the download link, receive the file, or activate the usage license. Refunds do not apply in the following cases:
• Buyer's change of mind after completing payment.
• Accidental purchase or failure to read the product description carefully before ordering.
• Product not meeting the buyer's personal needs despite matching the description.
• Buyer lacking the skills, software, or technical devices required to use the product.
Article 2: Exclusive Exceptional Cases Accepted for Refund
2.1 The buyer may submit a refund request to the Administration exclusively in the following cases:
• A proven total technical failure on Platform servers preventing the buyer from downloading or receiving the file, and technical support unable to resolve it within [to be determined by the Platform Administration] business days.
• Proven substantial corruption of the uploaded digital file making it entirely unusable, provided the corruption is not caused by the buyer's device.
• A substantial and glaring difference between the written product description and what was actually received.
• Duplicate charge for the same purchase due to a payment gateway error.
Article 3: Measures to Prevent Refund Policy Abuse
3.1 The Platform strictly prohibits fraudulent attempts to download digital products, use them, and then request refunds without legitimate cause.
3.2 If abuse of the refund policy or submission of misleading or false complaints is proven, the Platform Administration may take immediate action including: rejecting the refund request, freezing or permanently banning the account, denying access to previous purchases on the Platform, and pursuing compensation.
3.3 If a complaint is accepted and seller liability is proven (such as providing a defective or misleading product), the full amount is refunded to the buyer and automatically deducted from the violating seller's dues.
V. Seller Policy, Commissions, and Financial Compliance
This policy governs the rules for displaying and selling digital products by sellers on the Platform to ensure a safe and regulated commercial environment:
Article 1: Seller Account Registration and Verification Requirements
1.1 Sellers wishing to conduct business through the Platform must provide true and complete information including: name, commercial registration or approved freelance document in the Kingdom of Saudi Arabia, bank IBAN matching the seller's name, and any other documents requested by the Administration for verification and compliance with the E-Commerce Law.
Article 2: Ownership and Exclusivity of Digital Product Rights
2.1 The seller warrants and legally confirms being the actual and lawful owner of all digital products uploaded and displayed on the Platform, or holding explicit written authorization to sell and distribute them.
2.2 The seller must protect intellectual property and ensure products are entirely free of third-party copyright, patents, or trademarks. The seller bears sole full legal liability and strict financial compensation before judicial authorities and the Platform if any pirated or counterfeit product is uploaded.
Article 3: Platform Commission and Settlement of Financial Dues
3.1 The Hamalha Platform deducts an operational marketing commission of [to be determined by the Platform Administration]% from the total value of each successful purchase order through the Platform. Additional fees and VAT—if applicable—are disclosed to the seller.
3.2 Seller net earnings are calculated after deducting the Platform commission and transferred to the approved bank account on a periodic schedule every [to be determined by the Platform Administration] 14 days, provided the balance reaches the minimum threshold of [to be determined by the Platform Administration] Saudi Riyals.
3.3 The Platform may legally withhold or delay transfer of seller dues or temporarily freeze the balance entirely when there is an ongoing dispute with a buyer, suspected fraud, or seller violation of terms of use, until the dispute is resolved or verification is complete.
Article 4: Integrity of Ratings and Reviews on the Platform
4.1 Sellers must deal honestly and refrain from fake ratings or review manipulation. Purchasing positive reviews or paying buyers to rate products misleadingly is strictly prohibited. The Platform may delete violating reviews and ban the seller's account upon repeated violations.
VI. Content Policy and Prohibited Digital Products
The Hamalha Platform is committed to providing safe and regulated digital content. Sellers are strictly prohibited from uploading, displaying, or selling any digital product that violates applicable laws in the Kingdom of Saudi Arabia or public morals. Prohibited products are classified as follows:
Article 1: Classification and Details of Permanently Prohibited Digital Products
• Products infringing intellectual property rights: including pirated books, copied courses without owner permission, cracked software, stolen templates and designs, or fonts and images used without commercial license.
• Malware and cyber tools: sale of viruses, spyware, ransomware, digital protection bypass and piracy tools, and security exploit code is prohibited.
• Content violating public order and morals: including pornographic or sexual material, hate speech, incitement to violence and discrimination, extremist material, or products promoting tobacco, drugs, weapons, and crime.
• Unauthorized accounts and subscriptions: sale of shared or stolen digital accounts, or digital entertainment subscriptions violating original provider terms (such as Netflix, Spotify, etc.), and Windows or software activation keys not legally licensed.
• Personal and confidential data: sale or publication of email databases, mobile numbers, personally collected information without legal basis, or sensitive government data is strictly prohibited.
• Fake and fraudulent products: such as empty files or misleading files that provide no real benefit or contradict their published description.
Article 2: Platform Supervisory Powers and Administrative Actions
2.1 The Platform may exercise its supervisory role by reviewing and auditing products at any time (before or after publication).
2.2 The Administration has full authority to immediately suspend or remove any violating product without prior notice, permanently ban the seller's account, and confiscate their dues if deliberate upload of prohibited products harming users or the Platform legally or in terms of security is proven.
VII. Intellectual Property Policy and Infringement Reports
Protecting intellectual property and copyright is a core pillar of the Hamalha Platform, which commits to cooperation and compliance with the Saudi Authority for Intellectual Property (SAIP):
Article 1: Respect for Intellectual Property Rights and Granted License
1.1 Ownership of all digital products available on the Platform belongs to their seller owners. Purchase does not transfer product ownership or copyright and production rights to the buyer. The seller grants the buyer a personal, limited, non-resalable license—not for redistribution, public publication, modification, or ownership claims.
1.2 Ownership of all logos, trade names, designs, software code, and creative content belonging to the Hamalha Platform rests exclusively with the Administration and may not be copied or used without explicit written consent.
Article 2: Procedure and Requirements for Submitting Infringement Reports
2.1 Rights holders or their legal representatives may submit an official infringement report to the Platform via the approved email [to be determined by the Platform Administration]. Acceptance of a report requires attaching the following:
• Full name, contact details, and verification of the reporter.
• Detailed description of the alleged infringed intellectual right (e.g., book, design template, code).
• URL link to the violating product listed on the Platform for precise identification.
• Official legal documents proving ownership of the intellectual right in question.
Article 3: Report Review Procedures and Handling of Bad-Faith Reports
3.1 The Platform reviews the report immediately and may temporarily suspend display of the product for verification and contact the seller for response and evidence.
3.2 If infringement is proven, the Platform permanently removes the product, bans the violating seller, and takes necessary measures.
3.3 Submitting bad-faith or inaccurate reports to harm competitors and damage their reputation is strictly prohibited.
3.4 The bad-faith reporter bears strict legal liability and full financial compensation to the Platform and the affected seller for any material or operational losses resulting from the false report. The Platform reserves all rights to pursue legal action against the responsible party.
