Franchise Center Platform Terms of Service

Franchise Center Platform Terms of Service
Welcome to the Franchise Center Platform
This Platform was designed for personal use only. Access and use of this Platform are subject to a set of terms and conditions, the interpretation of which is governed by the applicable laws, regulations, and decisions in force in the Kingdom of Saudi Arabia. Access to this platform is contingent upon acceptance of the applicable Terms and conditions. Use and/or registration, as well as continued use or access to the services, implies acceptance of the Terms as of the date this Platform has been first used.
Terms of Service (or use) are subject to amendment as needed. Continued use of the Platform after any change is posted signifies agreement to these modified Terms of Use. Any amendment to these Terms of Use shall become effective immediately upon posting unless otherwise stated.
 About the Franchise Center Platform:
A platform that brings together well-known brands in the franchise industry as well as entrepreneurs in search of franchise opportunities. Furthermore, the Platform offers advisory services and awareness-building programs to promote franchising, transform SMEs into a significant drivers of economic growth in the Kingdom, and empower them to realize the Kingdom's Vision 2030 and beyond.
This Platform shall not be regarded as a selling or brokerage platform, nor does it guarantee the fulfilment of the obligations established as a result of any contracts made between its visitors or users, nor is it a party to those contracts.
The right to provide new services, updates and or withdrawal of any services without liability is at the sole discretion of the Platform.

 Definitions and Terms:
Unless the context otherwise requires, the following terms and expressions shall have the meanings assigned to each of them:
Monsha’at: The Small and Medium Enterprises General Authority.
Platform: Monsha'at Franchise Center website.
Center Franchise Center established by the Council of Ministers Resolution No. (122) dated 9/2/1441 AH.
Beneficiary: The natural or legal person who uses the Platform for any of the purposes or services provided by the Platform, including – without limitation – the following: (a): Brand Evaluation and Publication Service, (b): Broker Licensing Service, or (c): Amicable Settlement Service.
Offer Statement(s): Data and information that the user presents in relation to him and/or his establishment or business activity, including the user's data (such as name, address, contact details), description of investment opportunity, franchise fees, brand, franchise agreement duration, number of branches...
Account: The account allocated by the Platform to the Beneficiary to enable the said user to utilize the benefits and services provided by the Platform.
Work Team: Monsha’at representative at the Franchise Center.
Limitations on Platform Use:
• When using the Franchise Center Platform, you agree to the following:

o Limitations on the Use of Brand Evaluation and Publication Service.
1. The franchisor shall enter the information and data related to the brand published on the Platform in an accurate manner free from any confusion or ambiguity and must adhere to all provisions of the Platform's Policy on "Offer Data" and its amendments from time to time.
2. The franchisor shall not violate any intellectual property rights of third parties in any country, and it shall ensure that none of the Offer Data it provides violates any such rights or any third party's commercial rights (such as exclusive distribution rights, exclusive franchise, and other recognized commercial rights or interests) in any country or in violation of any applicable legislation or law.
3. The Center may re-evaluate the published brands, and the brand owner must respond to the Center within (7) working days. The Center shall have the right to exclude the published brands that are not responsive.
4. The franchisor shall deliver to the potential franchisee the Disclosure Document and the statement of financial position (14) days before the date of signing the franchise agreement.
5. The franchisor shall provide operating manuals for the franchise opportunity immediately upon request.
6. The franchisor shall respond to the applications for the franchise opportunity within a maximum period of (7 working days).
7. Potential franchisee must accept the Disclaimer Agreement

o Limitations on the Use of "Broker License" Service.
1. The applicant for a franchise broker license assumes responsibility for the accuracy of the information and data provided, and if the information and documents submitted to the Center are found to be incorrect, the Center reserves the right to reject the application.
2. To obtain a license to practice franchise brokerage business, the applicant must meet all of the requirements and conditions outlined in the Controls for Practicing Franchise Brokerage Activities.
3. The applicant must pass the qualifying program related to the practice of franchise brokerage business.
4. The beneficiary acknowledges and understands that the franchise broker's services, information, advice, recommendations, suggestions, and the like reflect the broker’s personal views and not those of Monsha'at, its employees, or partners in any manner. Furthermore, the beneficiary has no right to file claims, complaints, or lawsuits against Monsha'at or its employees or partners.

o Limitations on the Use of “Tomoh Franchise Program”.
1. The applicant brand shall enter the information and data published on the Platform in an accurate manner free from any confusion or ambiguity, and must meet the acceptance criteria.
2. The applicant brand must respond to the Center within (7) working days. The Center shall have the right to exclude the applicant brands that are not responsive. (The Center reserves the right to charge non-responsive brands for provided support and consultation fees.)

• When using the Franchise Center Platform, you agree not to:
1. Make available or upload files containing software, materials, data, or other information that you do not own or have permission to use.
2. Use this Platform in any way to send unsolicited commercial emails, "spam", or any similar use of the Franchise Platform.
3. Make available or upload files on this Platform that may contain viruses or corrupted data.
4. Post, advertise or distribute defamatory, infringing, obscene, indecent, or other illegal materials or information via the Platform.
5. Engage in activities through the Franchise Center Platform, which are illegal or illegitimate in the Kingdom of Saudi Arabia.
6. Publish on the Franchise Center Platform any product or service that would cause a violation of any law or legislation in force in any jurisdiction.
7. Use any device, software or any practice that may affect the proper functioning of the Platform.
8. Take any action that places an undue or excessive load on the Platform's infrastructure.

Virus Protection:
We do our best to scan and test materials at all stages of production. However, it is best for you to run an antivirus on all materials that are downloaded online. We will not be liable for any loss, interruption or damage affecting your data or your computer system, which may occur while connecting to this Platform or using its materials.

The Franchise Platform makes services, information, materials, and functionalities available or accessible through it for your personal use to facilitate access to franchise investment opportunities. the foregoing is provided on "as available basis" without any representations, promises, or warranties whatsoever. We cannot guarantee and will not be held liable for any interruptions, errors, or inaccuracies that may occur while using the contents of this Platform or any other site linked to it, with or without our knowledge. Any communication or information transmitted by the user through this Platform is not proprietary or confidential, and any usage or contact with this Platform does not grant and is not intended to grant the user any rights, licenses, or other privileges whatsoever. The Franchise Platform's waiver of any right available to it under these Terms and Conditions in any venue or event shall never constitute a waiver of any right in any other venue or event.
Limitation of Liability:
The services provided on the Franchise Platform to process applications electronically on the Internet and obtain information about government bodies and agencies and investment opportunities are stated without limitation, and you hereby acknowledge that you are fully aware that Internet communications may be subject to interference or interception by third parties and that this Platform does not replace the information available through official channels, and that applications and administrative steps can still be carried out directly before the competent authorities.

The use of this Platform remains at your own risk. In no event shall we be responsible for any kind of loss or damage that you may incur due to using, visiting, or relying on any statement, opinion, or undertaking on the Platform, nor we are liable for what may result any delay in operation transmission, connection failure, Internet access difficulties, malfunctions in equipment or software, or the conduct or views of any person who access this Platform. Therefore, you hereby acknowledge and agree that your sole and exclusive remedy for any damage or loss that may occur as a result of your access or use of this Platform is to refrain or discontinue from using or accessing it.

Without prejudice to the provisions of other regulations, establishments, employees and agents responsible for managing, updating and supplying the Franchise Center Platform shall be entitled to compensation for any breach by the (Beneficiary) of the Terms of Use or any relevant laws, regulations and decisions in force in the Kingdom of Saudi Arabia.

Termination of Use:

We may, in our sole discretion, terminate, block or suspend your access to and use of this Platform without notice and for any reason, including but not limited to violating these Terms of Use as well as any other conduct that we may deem unlawful or harmful to others.

Intellectual Property Rights:

The Beneficiary acknowledges that all drawings, words, phrases, designs, logos and images that appear on the Platform are protected rights under the relevant intellectual property laws of the Kingdom of Saudi Arabia and are considered the property of Monsha’at. The Beneficiary is obligated to protect and respect Monshaat's intellectual property rights, including the obligation not to use the name, logo, photographic or documentary materials owned by Monsha'at without the written consent of Monsha'at.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, and in the event of any disagreement or dispute, it shall be settled by the competent courts in the Kingdom of Saudi Arabia.
General Terms and Conditions:
- Arabic is the main language to use the portal and benefit from all materials published on it.
- The main purpose of translating all materials published on this Platform and these Terms and Conditions is to maximize its benefits. In the event of any discrepancy between the English version and the Arabic version, the Arabic version shall prevail.
- The Platform management has established a set of rules and restrictions on the use of e-participation to achieve the highest benefit from the principle of e-participation. By accessing the Platform, you accept these rules and restrictions.
If you have any questions regarding privacy and disclaimers, please contact us at: