Terms & Conditions

Welcome to Erth Real Estate Development website ( www.erth.sa and/or its sub-sites, “the Site“). These Terms and Conditions of Use (“Terms of Use“) are made between Jeddah Central Development Company (“ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY“, “We“, “Our“, Us“) and You to govern your access to/ and use of the Site and the Platforms (as defined below). ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY offers the Site, including all information, tools, and services available from the Site to You conditioned upon your acceptance of these Terms of Use and Our Privacy Policy.
The services and the information obtained through this Site do not alter, modify, or supersede the terms and/ or conditions of any other agreement You may have with ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY or any of its subsidiaries or Affiliates. These Terms of Use (together, with any documents referred to herein) set out the terms under which You may access and use, whether as a guest or as a registered user:

1. Our Site.

2. Our mobile application.

3. Our social media pages; and

4. ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY’s platforms.

(Together referred to as “Our Platforms “or “the Platforms “).

These Terms of Use is a legal document setting forth rights and obligations between You and ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY. The Terms of Use are to be read in conjunction with Our Privacy Policy, which sets out the terms on which We process any personal data We collect from You, or that You provide to Us. Please read the Terms of Use and Our Privacy Policy carefully before You start using Our Platforms, as these documents will apply to your use of, including accessing, browsing, or registering to use Our Platforms. By using Our Platforms, you confirm that You accept these Terms of Use and Our Privacy Policy and that You agree to comply with them.

Age Restriction

You must be at least 18 (eighteen) years of age to use the site or any of its Services. By using this Site, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age. 

Intellectual Property Rights

In these Terms of Use, “Intellectual Property Rights “means all intellectual property rights which include Copyright, patents, database rights, and rights in trademarks, designs, know-how, and confidential information (whether registered or unregistered). Applications for registration, and the right to apply for registration, for any of these rights.

All other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world. Any licenses, permissions, or rights to use obtained by a third-party owner of intellectual property to use the Content on Our Platforms.
“Content “means Our Platforms, including but not limited to the underlying HTML, text, design, graphics, logos, button icons and images, audio clips, video clips, digital downloads (as well as the organization and layout of Our Platforms), press releases, software, and other content, including that which is provided by external Third-Party Service providers, published, and made available to You on Our Platforms.

All Intellectual Property in the Content are owned by ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY. All rights, including those not expressly granted, in and to the Platforms and the Content accessible thereon, are reserved by ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY.

All Intellectual Property, logos, images, and service marks used on this Site are Our property. Except as otherwise described herein, nothing on Our Platforms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, or logo displayed on the Platforms without JDCD’s and/or the owner’s prior written permission.

Use of Content on the Platforms

Limited license: You may access, copy, download and print the Content contained on Our Platforms for your personal and non-commercial use, provided You do not modify or delete any copyright, trademark, or other proprietary notice that appears on the Content You access. Any other use of Content on Our Platforms, including but not limited to the modification, alteration, creation of derivative works, distribution, transmission, performance, broadcast, publication, uploading, storage for subsequent use, licensing, or sub-licensing in whole or in part in any manner without Our prior written consent is expressly prohibited. You agree to abide by all conditions stated on Our Platforms as may be updated from time to time.

The limited license that is referred to above is revocable at any time at ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY sole discretion. ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY neither warrants nor represents that your use of Content on the Platforms will not infringe the rights of third parties, not affiliated with ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY.

You may not use the information provided on Our Platforms for any unauthorized, illegal, or improper purposes, including without limitation marketing, the sending of unsolicited, harassing, or slanderous messages, soliciting or promoting business or activities that are unlawful, or any other activity that threatens the integrity or performance of any other person or entity computer system or violates generally accepted standards of internet usage. You may not use any hardware or software intended to damage or interfere with the proper working of the Platforms or to surreptitiously intercept any system, data, or personal information from the Platforms. 

You agree not to interrupt or attempt to interrupt the operation of the site in any way. You are responsible for ensuring that your use of software, information, and images obtained through your access to the Site complies with all applicable laws. By using Our Platforms, you warrant that You own any data, information, or materials (“Materials “) You provide to Us. You warrant and represent that you are entitled to post comments and Materials on our Site, and You have all necessary licenses and consents to do so. Any comments and Materials will not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful content which is an invasion of privacy. We discourage You from sending or posting to the Site any information that You consider proprietary or confidential. 

Any information you do send or post, we will assume that it is not confidential and does not violate any intellectual property rights of a third party. You hereby grant Us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute Materials and You agree that We are free to use any ideas, concepts, know-how, or techniques that You send or post for any purpose.

Our Site Is Not an Offer to Sell Securities

The material contained in the Site is for informational purposes only. Nothing in the Site is intended as an inducement or invitation for any person to acquire securities in any jurisdiction. Nothing in the Site constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of or be relied upon in any connection with any contract or commitment whatsoever. The material is not to be construed as an offer or a recommendation to buy or sell a security.

Accessing Our Platforms

We do not guarantee that Our Platforms, or any Content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of Our Platforms without notice. We will not be liable to You if, for any reason, Our Platforms are unavailable at any time or for any period. 

ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY reserves the right to refuse or cancel any person’s registration to Our Platforms, remove any person or prohibit any person from using Our Platforms, at its sole discretion, at any time and without notice. Termination of your access or use will not waive or affect any other right or relief, to which ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY may be entitled by Law.

Third-Party Services

Certain links on Our Platform lead to content and resources that are located on websites and servers not under the control of ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY, or for which organisations other than ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY are responsible. Such websites, resources, and any products and services offered through them are referred to as “Third-Party Services“. Any links to Third-Party Services are provided as a convenience to You only. ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY takes no responsibility for the accuracy, content, or any aspect of any Third-Party Service, whether linked to Our Platforms or not and disclaims any and all liability to You therefor or for any consequence of your decision to use or your use of any such Third-Party Service. You understand and agree that:

  1. Your use of any Third-Party Service through Our Platforms is subject to such terms, conditions, and limitations that the Third-Party Service may impose as a condition of such use, and You agree to abide by all such restrictions.
  2. Either ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY or a provider of a Third-Party Service may restrict or terminate your access to such Third-Party Service at any time; and
  3. You shall not bring a suit or claim against ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY, its partners, employees, agents, contractors, suppliers, or any of them arising from or based on your purchase or use of resources, products, or services through any Third-Party Service.

Changes and Updates to These Terms of Use

From time to time, we may update, revise, or change these Terms of Use and/or Our Privacy Policy. These changes will be posted on Our Site. Please regularly check these pages for the latest version of these Terms of Use and Our Privacy Policy as it is your responsibility to ensure compliance. Third-Party Service providers may also change their terms of use from time to time. ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY may not always update these terms to reflect these changes immediately and cannot guarantee that the hyperlinks to the third-party websites are valid and usable.

Changes and Updates to Our Platforms

We may update Our Platforms from time to time and may change the Content at any time. Please note that any of the Content on Our Platforms may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that Our Platforms, or any Content on them, will be free from errors, omissions, or defects, whether material or otherwise, and assume no responsibility or liability in relation thereto.

Viruses

We do not warrant or guarantee that Our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmers, and platform to access Our Platforms. You should use your own virus protection software.

You must not misuse Our Platforms by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Platforms, the server on which Our Platforms are stored, or any server, computer, or database connected to Our Platforms. By breaching this provision, you would commit under the laws of the Kingdom of Saudi Arabia and other countries. We will report any such breach to the relevant law enforcement authorities, and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Platforms will cease, immediately. We do not warrant or guarantee that Our Platforms will be secure, including from cyber-attacks, which may either seek to disrupt access to Our Platforms or steal data contained on Our Platforms. 

You access Our Platforms and submit any data to the Platforms entirely at your own risk.

Exclusion of Liabilities

To the fullest extent permissible by the Laws of the Kingdom of Saudi Arabia, ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY excludes its liability arising from your access to and use of Our Platforms. We assume no responsibility for and make no representations concerning the accuracy of any information presented on the Site. Therefore, all materials and information are presented as is and we expressly disclaim any implied or express warranties of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property relating to such material. In no event shall we be liable to you or any other person, whether in contract, tort, or otherwise, for any loss, liability, cost, damage, or other injuries of any kind whatsoever, including for consequential, incidental, indirect, special, or punitive damages, including lost profits, business interruption, loss of programs or data on any information handling systems or otherwise, arising out of or resulting from:

  1. Any access to or use of the Platforms or Content, or due to any connectivity issues occurring at your premises, even if expressly advised of the possibility thereof.
  2. Any inability by You to access the Platforms or Content for any reason whatsoever.
  3. Any attack upon the Platforms or Content, including any theft or loss of data from the Platforms or Content.
  4. Any virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platforms or the Content or to your downloading of any Content on it, or on any application, website or content linked to it.

Without prejudice or limitation to any of the foregoing, to the fullest extent permissible by applicable laws, ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY excludes any liability on Our behalf and behalf of any of Our Affiliates for any claims or matters arising under or in connection with these Terms of Use. You may not make a claim or bring proceedings relating to the Platforms or Content or against any other ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY Affiliate to the extent that no direct contractual relationship exists. You shall make any claim or bring proceedings only against Us on the basis that We are the party with whom You have contracted under these Terms of Use. You agree to protect and defend Us against all claims arising from the Materials that You provide to Us. We shall not be held liable for any content that appears on your website. For the purposes of these Terms of Use, “Affiliate “means an entity or individual that controls, is controlled by or is under common control with, the first entity, and “Control“ means the ability to direct the policies or operations of an entity, whether by contract, ownership of equity interests, or otherwise. Any claim made about the Platform or Content or otherwise under these Terms of Use must be brought no later than twelve (12) months from the date of the act or omission alleged to have caused the claim.

Applicable Law

The Laws of the Kingdom of Saudi Arabia will govern these Terms of Use and the competent courts of the Kingdom of Saudi Arabia shall have exclusive jurisdiction over any disputes arising out of these.

Entire agreement

These Terms of Use constitute the entire agreement between You and ERTH ALAWOTAN REAL ESTATE DEVELOPMENT COMPANY for the use of this Site and shall take precedence over any disclaimer and/or notice attached to any communication and/or posting received from you.