Effective Date: April 30, 2025
1. Introduction and Acceptance of Terms
Welcome to the official website of HAY (“HAY,” “we,” “us,” or “our”). This website (the “Website”) serves as a platform for providing information about HAY and our projects, marketing our unique “soft development” philosophy, generating leads, and offering portal access for our valued tenants and clients (“Users,” “you,” or “your”). The portal may include features such as user accounts, document submission, and potentially, the collection of service fees.
These Terms and Conditions (“Terms”) govern your access to and use of the Website and all associated services, content, and functionality offered on or through hayliving.com. Please read these Terms carefully before using the Website.
By accessing, browsing, or using the Website, including accessing any client portal features, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (which is incorporated herein by reference). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
Your access and use of this Website are also subject to all applicable laws and regulations of the Kingdom of Saudi Arabia.
We reserve the right to modify these Terms at any time. Any amendments shall be effective immediately upon posting on the Website, unless otherwise indicated. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
2. Acceptable Use and Prohibited Conduct
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. By using the Website, you agree NOT to:
- Use the Website for any purpose that is unlawful under the laws of the Kingdom of Saudi Arabia or internationally, or prohibited by these Terms.
- Post, upload, transmit, distribute, or otherwise publish any material that is offensive, defamatory, obscene, pornographic, abusive, threatening, harassing, or otherwise objectionable, or that violates Islamic teachings or public morals.
- Upload or download files that contain software, viruses, corrupted data, or any other malicious code or harmful components designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or do anything that could affect the integrity, reliability, or continued availability of the Website.
- Attempt to gain unauthorized access to the Website, the server on which the Website is stored, user accounts, or any server, computer, or database connected to the Website.
- Use any means, software, or procedure to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
- Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
- Engage in spamming, phishing, or sending unsolicited communications.
- Use the Website to harvest or collect information about others, including email addresses, without their consent.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Engage in any other conduct that, in HAY’s sole discretion, restricts or inhibits any other user from using or enjoying the Website, is illegal, or exposes HAY or its users to any harm or liability.
- Perform any malicious acts that might harm the HAY brand, business reputation, or operations.
- Violate the Saudi Anti-Cyber Crime Law or any other relevant laws or regulations in the Kingdom of Saudi Arabia.
3. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, designs, ideas, concepts, branding, logos, trademarks, service marks, and the design, selection, and arrangement thereof) are owned by HAY, its licensors, or other providers of such material and are protected by Saudi Arabian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only, specifically for accessing information about HAY, utilizing the client portal features as intended (subject to any separate service agreements), and engaging with HAY for marketing and lead generation purposes.
HAY grants you a limited, non-exclusive, non-transferable, revocable license to access and view the content displayed on the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Unless specified otherwise, the Website’s content and materials may not be sold, licensed, rented, modified, copied, reproduced, reprinted, downloaded, advertised, transferred, distributed, displayed in public, edited, or used to produce works for public or commercial purposes, without obtaining the prior written consent of HAY.
The HAY name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HAY or its affiliates or licensors. You must not use such marks without the prior written permission of HAY.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by HAY. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4. User Accounts and Portal Access
Certain features of the Website, particularly the client and tenant portal (“Portal”), require user accounts to access specific services, submit documents, or potentially manage service fees. Access to these accounts is granted solely by HAY administrators and is typically contingent upon an existing service agreement or relationship with HAY.
a) Account Creation and Access: User accounts for the Portal are created and provided by HAY administrators. You may receive login credentials (such as a username and password) as part of your engagement with HAY services. Access to the Portal is granted based on your specific relationship with HAY (e.g., tenant, client) and may be subject to separate agreements.
b) Account Security and Responsibility: You are responsible for maintaining the confidentiality of your account login credentials and for restricting access to your computer and devices. You agree to accept responsibility for all activities that occur under your account or password. You must notify HAY immediately at it@hayliving.com upon becoming aware of any breach of security or unauthorized use of your account.
c) Accuracy of Information: You agree to provide accurate, current, and complete information as required for your account and for any submissions made through the Portal. You are responsible for keeping your account information updated.
d) Portal Use: Your use of the Portal features, including document submission and any potential fee payment functionalities, must comply with these Terms and any additional agreements specific to those services. You are responsible for the legality, accuracy, and appropriateness of any documents or information you submit through the Portal.
e) Service Fees: If the Portal includes features for the collection of service fees, specific terms related to payments, billing, and refunds will be outlined in your separate service agreement with HAY or provided within the relevant section of the Portal. All payments must be made in accordance with those terms.
5. Disclaimers and Limitation of Liability
a) Disclaimer of Warranties:
The Website and its content are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. HAY hereby disclaims all warranties, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Neither HAY nor any person associated with HAY makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither HAY nor anyone associated with HAY represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
You acknowledge that online communications may be subject to interference or interception by third parties and that the information provided on the Website is for informational purposes and may not replace information provided through official channels or specific service agreements.
b) Third-Party Links:
The Website may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
c) Limitation of Liability:
To the fullest extent permitted by applicable law (including the laws of the Kingdom of Saudi Arabia), in no event will HAY, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Your sole and exclusive remedy for any dissatisfaction with the Website is to stop using the Website.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
6. Termination
HAY reserves the right, at its sole discretion, to terminate, restrict, or suspend your access to all or any part of the Website, including the Portal, at any time and for any reason without prior notice or liability. Reasons for such termination may include, but are not limited to:
- Any breach or violation of these Terms or any other incorporated agreements or guidelines.
- Requests by law enforcement or other government agencies.
- Discontinuance or material modification of the Website or any service offered on or through the Website.
- Unexpected technical or security issues or problems.
- Engagement by you in fraudulent or illegal activities.
- Breach of any separate service agreement you may have with HAY.
- Any conduct that HAY, in its sole discretion, deems harmful to HAY, its business, its users, or other third parties.
You agree that HAY will not be liable to you or any third party for any termination of your access to the Website.
7. Governing Law and Dispute Resolution
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without giving effect to any principles of conflicts of law.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website (collectively, “Disputes”) shall be subject to the exclusive jurisdiction of the competent courts located in Riyadh, Kingdom of Saudi Arabia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Indemnification
You agree to defend, indemnify, and hold harmless HAY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
9. Miscellaneous
- Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Waiver: No waiver by HAY of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HAY to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and HAY regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
10. Updates to These Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
We will notify you of any material changes by posting the updated Terms prominently on our Website and, where feasible, by sending a notification to the email address associated with your account (if applicable). Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
11. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Email: it@hayliving.com