These Terms and Conditions govern the use of the Brand Market platform and the services and features available through it. Creating an account, publishing a listing, adding a reply, using any of the Platform’s features, or electronically accepting these Terms constitutes acceptance of them, without prejudice to the Privacy Policy, Fees and Commission Policy, and Payment Terms published separately on the Platform.
1. Definitions
For the purposes of these Terms and Conditions, “Platform” means Golden Stage Commercial Establishment, Commercial Registration No. (7034244207), which operates the “Brand Market – Trademark Marketplace” platform. This term also includes its general or special successor, and any entity to which ownership of the Platform and its rights and obligations is transferred in accordance with the applicable laws and procedures.
“Advertiser” means any natural or legal person who publishes or requests the publication of a listing to offer a trademark for sale or transfer of ownership.
“User” means anyone who browses the Platform, creates an account, adds a reply, or communicates regarding a listing.
“Buyer” means any User who communicates or negotiates with the intention of purchasing a trademark offered through the Platform.
“Transaction” means an agreement to sell or transfer ownership of a trademark between its owner and the Buyer.
2. Nature of the Platform’s Business
Brand Market is an electronic platform specialized in displaying and marketing trademarks, connecting their owners with individuals interested in purchasing them, and providing technical means that facilitate publishing listings, communication, and price discussions.
The Platform is not the owner of the trademarks listed, does not become a party to their ownership merely by displaying them, and does not guarantee the completion of any transaction, the solvency of any User, or their ability to fulfill their obligations, unless the Platform provides a separate service that expressly states otherwise.
Information, prices, or replies published on the Platform do not constitute a guarantee of the value of a trademark, its suitability for investment, the continued validity of its registration, or its transferability. The parties to a transaction are responsible for conducting any examination and verification they deem appropriate before completing the transaction.
3. Account and Use of the Platform
The User must provide accurate and up-to-date information when creating an account or using the Platform’s services.
The User is responsible for maintaining the confidentiality of their login credentials and verification codes and must not share them with third parties.
Creating fake or multiple accounts for the purpose of deception, manipulation, circumventing restrictions, or artificially influencing listings and replies is prohibited.
The User must notify the Platform if they suspect that their account is being used without authorization.
4. Advertiser’s Responsibility for the Trademark and Data
The Advertiser represents that they are the lawful owner of the trademark that is the subject of the listing or are legally authorized to dispose of it.
The Advertiser represents that they have the necessary authority to offer the trademark, negotiate regarding it, and complete the transaction.
The Advertiser is responsible for the accuracy of all data, documents, images, and information provided to the Platform.
The Advertiser must update the listing information if a material change occurs in the status, ownership, or transferability of the trademark.
The Advertiser must disclose, to the best of their knowledge, any restriction, license, pledge, dispute, claim, lawsuit, objection, judicial proceeding, or administrative proceeding that may materially affect ownership of the trademark or the ability to dispose of it.
The Advertiser is responsible for any claim arising from inaccurate information or from their lack of authority to dispose of the trademark.
The Platform has the right to request additional documents or information to verify a listing. It also has the right to reject, suspend, or remove a listing when there are reasonable grounds to question the accuracy of its information or its legality.
5. Listing Rules
A listing must be clear, accurate, and not misleading, and must relate to a trademark that the Advertiser has the right to offer.
Publishing false or misleading information, or images or documents that do not relate to the trademark being offered, is prohibited.
Publishing content that infringes the rights of others or violates applicable laws or public morals is prohibited.
Using a listing to promote services or products unrelated to the trademark being offered is prohibited.
The Platform’s acceptance of a listing does not constitute confirmation by the Platform of the trademark’s ownership, value, or legal status.
6. Public Replies and Price Interaction
The Platform allows Users to add public replies and inquiries to listings. Such replies may be visible to all visitors and Users of the Platform for the purpose of increasing transparency and interaction and exchanging information relating to the listing.
Users may inquire about the price or previous offers received by the Advertiser, including commonly used questions such as “What is the highest offer so far?” or “What is the latest offer?” The Advertiser may respond publicly and state the latest price or offer received for the trademark.
Mentioning an “offer” or the latest price received for a trademark does not constitute an electronic auction, does not by itself create an obligation on the Advertiser to sell at that price or on the User to purchase, and does not result in the transfer of ownership of the trademark.
The Advertiser retains the right to accept, reject, or negotiate an offer or change the asking price, unless there is a separate binding agreement between the parties to the transaction.
The Advertiser is responsible for the accuracy of the information they provide regarding prices or offers received. Publishing fictitious prices or offers for the purpose of artificially increasing the value of the trademark or misleading Users is prohibited. The use of multiple accounts or fictitious replies to create an artificial impression of demand or competition is also prohibited.
7. Public Visibility of Replies
Non-confidential replies and comments relating to a listing may be publicly visible depending on the Platform’s design. By adding a reply, the User agrees that it may appear on the listing page.
The User’s name or username and the date and time of publication may appear with the reply in accordance with the features adopted by the Platform, while personal contact information is concealed from the public in accordance with the Privacy Policy.
8. Mobile Numbers and Contact Information
If a User enters a mobile number in their reply, the Platform may technically process it so that it is visible only to the owner of the listing and is not visible to other Users or to the general public visiting the Platform.
The number may be replaced for public viewers with a notice such as “Contact information is visible to the Advertiser only.”
Attempting to circumvent the mobile number concealment feature by writing the number in fragmented form or using symbols or words for the purpose of making it publicly visible is prohibited.
The Advertiser may not use the mobile number obtained through the Platform except for legitimate communication relating to the listing or the relevant transaction. Using it for unsolicited marketing or sharing it with third parties without a legal basis is prohibited.
9. Prohibition of Links
Publishing any external links within replies, comments, or interaction fields designated by the Platform is prohibited.
- Website links.
- Social media platform links.
- WhatsApp, Telegram, and similar links.
- Payment links, file links, and shortened links.
- Links written or encoded in a manner intended to circumvent the blocking system.
The Platform has the right to automatically remove the link, hide the reply, or reject its publication. It may also take action against accounts that repeatedly attempt to circumvent the link prohibition.
10. Reply Governance and Anti-Harassment
Replies must be related to the listing, trademark, price, or transaction being discussed.
The following are prohibited:
Repeated and annoying messages or replies.
Insults, abuse, threats, or defamation.
Content unrelated to the listing.
Commercial advertisements or promotion of other services.
False or misleading information or fictitious purchase offers.
Impersonating an individual or business entity.
Publishing another person’s personal data without a legal basis.
Suspicious requests for passwords, verification codes, or confidential information.
Collecting User data through automated means or using bots or scripts without authorization.
Any content or use that violates applicable laws.
The Platform has the right to delete or hide any violating reply, restrict the reply feature, or suspend an account in the event of repeated violations. Users may also report replies that contain harassment, abuse, misleading information, or any other violation.
11. Platform Moderation Powers
In the event of a violation or reasonable suspicion, the Platform may, depending on the nature of the case and to the extent permitted by applicable laws, take the necessary measures, including hiding or deleting content, removing links, restricting replies, suspending a listing, suspending or closing an account in cases of serious or repeated violations, requesting additional information for verification, and retaining records relating to the violation to the extent legally permitted.
Allowing a reply or listing to be published does not constitute approval or confirmation by the Platform of the accuracy of its content.
12. Fees and Commissions
Fees and commissions relating to the Platform’s services, including the sales commission and the conditions for its entitlement and payment, are governed by the “Fees and Commission Policy and Payment Terms” published separately on the Platform. Such policy forms an integral supplement to these Terms and Conditions.
13. Completion of Sale and Transfer of Trademark Ownership
The Seller and Buyer are responsible for verifying the transaction details and terms before completing the transaction.
Agreement on a price, discussions in replies, or mentioning the “latest offer” does not by itself constitute an official transfer of ownership of the trademark. The parties must complete the necessary legal procedures for transferring ownership before the competent authority.
The Platform shall not be responsible for the rejection of a trademark transfer due to a defect, restriction, or deficiency relating to the trademark or either party to the transaction, unless the Platform has expressly undertaken to provide a specific independent service relating to such transfer.
14. Images, Logos, and Listing Content
The Advertiser represents that they own the rights to the images, logos, and information they upload to the Platform or have the necessary legal authorization to use them.
The Advertiser grants the Platform, during the listing period, a non-exclusive, royalty-free license to use the listing content to the extent necessary to display and market the trademark and operate the Platform’s services, including displaying it on the website, the Platform’s pages and official accounts, and marketing materials relating to the listing.
15. Retention of Listings After Sale and Transaction Archiving
Because the trademarks subject to transactions involve legal rights that are transferred to a new owner after a sale, the Platform distinguishes between the commercial use of the trademark and the retention of a historical record of the transaction.
The Advertiser agrees that the published listing and the name, logo, images, description, and information of the trademark included in the listing at the time of publication constitute part of the electronic and historical record of the Platform’s activities and the transactions completed or initiated through it.
After the sale or transfer of ownership of a trademark is completed, the Platform may retain a copy of the listing, archive it, keep the listing page visible, and display the trademark’s name, image, or logo as it appeared when it was offered, together with a statement such as “Sold” or “Ownership Transferred,” or a similar statement, and may include the transaction in the Platform’s record of previous transactions.
The purpose of this is to document the transaction, establish a record of the Platform’s previous activities, and introduce its services. Retaining the listing does not mean that the trademark is still offered for sale, that the former owner or the Platform continues to own it after the transfer, or that the new owner sponsors the Platform or maintains an ongoing relationship with it.
The Advertiser must inform the Buyer before or at the time of completing the sale that the previous listing of the trademark may remain stored and archived on the Platform in a clear form indicating that the sale has been completed. Where possible, the Advertiser must also include an acknowledgment of the Buyer’s awareness of this matter in the sale or transfer agreement.
After ownership has been transferred, the Platform may not use the trademark in a manner that implies current ownership, sponsorship, or an existing commercial relationship with the new owner without a legal basis or separate consent.
16. Intellectual Property Rights of the Platform
All rights relating to the Brand Market name, the Platform’s design, software, databases, content created by the Platform, interfaces, and original elements are owned by their respective rights holders.
Copying, extracting, republishing, commercially exploiting the Platform’s content, creating a database from it, or using technical means to collect it on a mass scale without authorization is prohibited.
This does not include the rights to the trademarks displayed on the Platform, as the rights to each trademark remain with its respective owner in accordance with applicable laws.
17. Buyer and User Responsibilities
- Verifying the trademark, its owner, and the owner’s legal capacity before purchasing.
- Reviewing the trademark’s registration status, classes, and material information relating to it.
- Not relying solely on replies, the stated price, or the “latest offer” as evidence of the actual value of the trademark.
- Not transferring funds or providing sensitive information before taking appropriate verification measures.
- Using contact information obtained from the Platform solely for the legitimate purpose related to the listing.
18. Platform Disclaimer Regarding User Transactions
Communication between the Advertiser and Buyer or User does not constitute an endorsement by the Platform of that User or a guarantee of their identity or financial solvency.
The parties are responsible for the agreements they enter into with one another. To the extent permitted by applicable laws, the Platform shall not be responsible for a party withdrawing from a transaction, failure to make payment, delay in performance, disputes regarding the price, information provided by one User to another, or actions occurring outside the Platform, without prejudice to any liability that may not legally be excluded.
19. Privacy and Personal Data
The processing of personal data, account information, mobile numbers, usage records, replies, and communications is governed by the “Privacy Policy” published separately on the Platform. Such policy forms an integral supplement to these Terms and Conditions.
20. Records and Electronic Consent
The Platform may retain electronic records relating to the use of the Platform, consents, listings, replies, and transactions, to the extent and for the period necessary for operation, protection of rights, and compliance with legal requirements in accordance with the Privacy Policy.
Electronic acceptance of these Terms constitutes an acknowledgment of acceptance in accordance with applicable laws. The Platform may retain the User ID, date and time of acceptance, the version number of the Terms, and related technical records.
21. Amendments to the Terms and Conditions
The Platform may amend these Terms to reflect service developments or legal requirements. The updated version will be published together with the date of the latest update or the version number.
Where a material amendment requires renewed consent, the Platform may request the User’s consent before allowing continued use of certain services. An amendment shall not apply retroactively in a manner that violates established rights or applicable laws.
22. Account Suspension or Termination
The Platform may suspend, restrict, or close an account in the event of a violation of these Terms, fraud or attempted fraud, use of fake accounts, abuse of Users, repeated publication of links, sending unsolicited messages, attempts to collect User data, failure to pay amounts due under the Fees and Commission Policy, a request from a competent authority, or the existence of a security risk to the Platform or its Users.
23. Governing Law
These Terms and Conditions are governed by the laws applicable in the Kingdom of Saudi Arabia. If any provision of these Terms conflicts with a mandatory legal provision, the applicable legal provision shall prevail, without necessarily rendering the remaining provisions invalid.
24. Contact and Reports
Users may contact Brand Market through the official communication channels published on the website regarding inquiries, reports, complaints, and objections to account or content-related actions.