Terms and Conditions

Preamble:

The "Terms and Conditions for Using the Winveston Capital Company Platform" is considered an agreement between the company and the user, signed for the purposes of regulating the process of using the platform and stating the rights and obligations of the parties when benefiting from the services of the platform; In a manner that preserves the rights of each of them, and the user must read, understand, grasp and view this agreement from time to time, and the user has agreed to all the provisions contained in this agreement immediately upon his registration on the platform .

Definitions:

The expressions and terms mentioned in this clause, wherever they appear in this agreement, shall have the meanings indicated in front of each of them, unless the context requires otherwise:

Agreement: The Terms and Conditions for using the Winveston Capital Company platform.

Company:

The Winveston Capital Company is authorized by the Capital Markets Authority with Commercial Registration No. (1010974234), and its headquarters is in Riyadh.

User(s):

He is the user of the platform, and he is the natural or legal person authorized to benefit from the services of the platform and is subject to the provisions of this agreement.

The platform:

An electronic platform owned by the Winveston Capital Company, in which it provides investment opportunities in debt instruments for small and medium enterprises, by linking investors with the financing applicant. The role of the Winveston Capital Company in the platform consists in being an intermediary between the investor and the financing applicant, and the Winveston Capital Company shall not be a party to the investment operations.

Portfolio:

An electronic financial account created for the purpose of investing in the platform.

Related parties:

They are the company's directors, members of its board of directors, employees, representatives, agents, or any of their family members.

The Kingdom:

Kingdom of Saudi Arabia.

Financing Applicant:

A natural or legal person benefiting from the financing provided by the company through the issuance of debt instruments, which results in the existence of investment deals for the investors to own and purchase debt instruments through the platform.

User account:

It is the account created by the user to benefit from the services of the platform.

Password:

means symbols and numbers through which you can access the user's account.

Data:

means any data or information provided by the user as a result of his registration on the platform, including the identity number, national address, bank account information, and credit information.

Conflict of interest:

It means a conflict of any private interests of any of the related parties, which affects their decision-making without impartiality or objectivity, in a way that harms the interest of the company and users, or when they receive offers of investment opportunities because of their position in the company.

Agreement

This agreement regulates the terms and conditions for using the platform, and the Preamble and the Definitions clause are considered an integral part of this agreement.

The provisions of this agreement are considered binding on the user immediately upon his registration on the platform, and the company may amend its provisions according to the company's sole discretion, provided that the effect of the amendment applies after it is notified to the user, and the use of the platform by the user is considered approval of any amendments that may occur to this agreement and any other agreement related to the use of the Platform or investment in it, including the “Investment Terms and Conditions Agreement”.

This agreement is considered indefinite, and its provisions regarding liability and compensation apply even after canceling the user's account, whatever the method or duration of such cancellation, in a manner that does not violate the laws and regulations followed in the Kingdom.

Creating a user account

Registration and creation of an account on the platform is limited to those over eighteen years of age.

The user must ensure the validity of the data and the confidentiality of the password.

The user undertakes to update the data if necessary, and the user is responsible for urgently correcting the data in the event that the provided data is false, and the company may, at its sole discretion, cancel the user's account when there are errors in the data without prior notice from it.

The user is responsible for the use of the user account by anyone other than the user.

The User shall immediately inform the Company of any unauthorized use of the User Account or password.

The company may verify the data in the manner it deems appropriate.

Responsibility

The company shall not bear any losses or damages resulting from the user’s use of the platform or any other damages caused to the user on the platform unless the damage is a result of negligence or inadequacy on the part of the company, and in all cases the company’s liability shall not exceed the regarded legal limits in assessing the liability of the perpetrator of the damage according to the applicable legal stipulations.

The company does not guarantee any information provided by the financing applicant, and the company is not considered a guarantor for him, and the investment opportunities offered on the platform are not considered a recommendation to invest in them.

uses

The User shall use the Platform for the purposes for which it was intended.

The contents of the platform are considered exclusively owned by the company, and the user's use of it does not make the user an owner of any of the platform's contents, and his use of it must be in light of the applicable legal stipulations.

The user may not modify, publish or sell any of the contents of the platform and the materials in it which are provided on the platform, nor may the user use any information he has obtained from the platform for any reasons other than the reasons authorized in this agreement.

Use the Zakat calculator

The company provides through the platform the (Zakat Calculator) service, which facilitates the user in paying his zakat by linking with the licensed entities to receive and disburse zakat. The company is not considered a recipient of these funds, or responsible for the user’s error in determining the amounts through this feature.

When the user wishes to use the Zakat calculator feature granted to him on the platform, he bears all responsibility for the money he transfers through this feature.

Risks

The company confirms that the investment opportunities offered on its platform are high-risk investments, and the user must review his financial ability before investing, knowing that the loss may cause him to lose all his investments.

The user must evaluate the available investment opportunities through the information provided by the financing applicant and the details of the information related to the risks stipulated in the prospectus related to the relevant issue, including reasons beyond the control of the financing applicant, for instance, but not limited to (economic conditions and factors affecting the activity of the financing applicant).

The company bears no liability for any damages that may result from false information provided by the financing applicant.

User account cancellation

The Company may terminate the User's account in any of the cases stipulated in the Agreement at the Company's sole discretion; In order to protect the interests of the company and the interests of users of the platform.

7.1 Cases of User Account Cancellation

Without prejudice to any of the provisions of this agreement, the Company has the right at any time to cancel the user's account, suspend its operation temporarily, or suspend some services provided to the user's account, according to the company's sole discretion, and that is in the following cases:

The purposes of developing the Platform or the products offered in it, whether or not such action has been previously announced on the Platform.

When the user violates the terms and conditions stipulated in this agreement, any other agreement related to the use of the platform, or suspicious and unusual actions appear in the user's account on the platform.

When the user uses the platform in ways that harm the company.

When the user neglects his account on the platform and does not use it for a period estimated by the company.

7.2 Effect of User Account cancellation

The company shall not be liable for the actual or potential damages that may occur to the user as a result of canceling or suspending the user's account.

The user is not entitled to retain any content related to the platform, after canceling or suspending his account on the platform.

privacy

This agreement is subject to the applicable legal provisions related to protecting users' personal data, protecting their credit information, and maintaining its confidentiality.

The company may collect, process and store data as it deems to be in the interest of users, in accordance with the applicable legal provisions.

For the purposes of investing in the Platform, the Company may share data with third parties who are legally authorized to process, retain and study data, in light of the applicable legal provisions.

The company is committed to taking all necessary and possible measures that are customarily and legally regarded to protect the data from manipulation and tampering with it, and to protect the data from loss, damage or access to it by unauthorized persons.

The user undertakes to maintain the confidentiality of the information he obtains through the platform, and the user bears liability for any leakage of that information, or its use in a way that causes harm to the company.

The user is obligated to notify the company of everything that suggests leakage, damage or corruption of information pertaining to everything related to the company's operations on the platform.

Fees

The user must pay the fees listed under the list of “fees” announced on the platform to benefit from the services of the platform.

The company may amend the fees as it deems appropriate, provided that the effect of amending the fees occurs after notifying the user thereof, and the use of the platform by the user is considered an approval of this amendment.

Refunds

Users cannot recover their funds after investing them in the platform except in light of what is stipulated in the terms and conditions of the relevant issuance documents.

In the event that the required amount for the investment opportunity offered on the platform is not covered, the company will return the amounts to the users who invested in that investment opportunity.

Portfolio

The portfolio provides investment service in the debt instruments that are offered on the platform.

The user may not use the Portfolio for any purposes other than those stipulated in this agreement.

The company has the right to suspend the Portfolio services without prior notification to the user, with the aim of developing its products and upgrading the Portfolio services in line with the new products.

In its sole discretion, the Company may hold the funds in the Portfolio or partially restrict access to them in the event of existing disputes, or to protect the company from any security or financial risks, or if the user violates any of the terms and conditions stipulated in this agreement, or the appearance of Any suspicious actions on the Portfolio.

Prohibited actions

The company prohibits the issuance of debt instruments for activities and projects that are in violation of the applicable legal stipulations, the company may prohibit any action that results in a suspicious incident, including suspicion of money laundering and terrorism funding. The company works to achieve this by taking all the legal procedures used to confront these violations.

compensation

The Company shall not be liable for any claims or suits resulting from the User's violation of the provisions of this Agreement, or resulting from the User's use of the Platform.

The user concedes to compensate the company for any damages arising from his violation of the provisions of this agreement, or any damages resulting from the unauthorized use of the platform services by the user.

Conflict of interest

The conflict-of-interest provisions in this agreement are governed by the applicable legal stipulations.

14.1 Conflict of Interest Cases

It is considered a case of conflict of interest if the related parties engage in any of the following cases:

Ownership or membership of the board of directors of any beneficiary of the debt instruments which are offered on the platform.

Paying sums to any person who introduces a new beneficiary with the aim of hosting him on the platform or receiving sums in any way (including obtaining ownership in the beneficiary) for the purpose of introducing him to the platform.

Ownership of a controlling stake or serving as a member of the board of directors of any independent entity that provides due diligence, evaluation or advice services to the beneficiary (financing applicant).

14.2Addressing conflicts of interest

The conflict-of-interest situation shall be dealt with by disclosing the conflict-of-interest situation with the company by the relevant party and clarifying the impact of this case on the rest of the transactions, before offering the investment opportunity. The company must disclose on the company’s website the actual or potential conflict of interest case and the resulting effects.

14.3 Obligations of related parties

The related parties shall be fully aware of the conflict-of-interest provisions and abide by the requirements thereof.

Not to exploit the position to achieve private interests and put the interest of the company over their personal interests or any other interests.

Avoid falling into conflicts of interest as much as possible and abide by the methods of dealing with them contained in the provisions of this agreement.

Maintain the confidentiality of information related to the company and not use it to achieve any personal goals or interests.

Preserving the company's property and assets.

legal compliance and disputes resolution

The terms and conditions of this agreement shall be governed and interpreted in accordance with the applicable legal stipulations in force in the Kingdom, including the rules, regulations and instructions of the Capital Markets Authority.

Any dispute that arises between the User and the Company regarding the interpretation or implementation of this Agreement or any of its clauses shall be resolved amicably, and if this is not possible, it shall be resolved by resorting to the competent judicial authorities in the Kingdom, in the city of Riyadh.

16. Miscellaneous

All credit/debit cards details and personally identifiable information will NOT be sold, shared, rented or leased to any third parties. Saudi Arabia is our country of domicile

Website will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Saudi Arabia

We accept payments online using Visa and MasterCard credit/debit card in SAR.

Refunds will be done only through the Original Mode of Payment.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Saudi Arabia.