Terms and Conditions of Use of the Qawafel Platform
the introduction:
Qawafel Platform, owned by Qawafel Electronic Marketing Company, registered with the Ministry of Commerce in the Kingdom of Saudi Arabia under Commercial Registration No. 1010602160, would like to draw your attention to the fact that below you will find the terms and conditions governing your use of the Qawafel Platform and all the legal implications resulting from your use of the Qawafel Platform services. Any person's use of the Qawafel Platform, whether a merchant or otherwise, constitutes their acceptance and agreement, with full legal capacity, to all the articles, clauses, and provisions of this agreement. This confirms their commitment to its regulations and the provisions mentioned therein. We note that the Qawafel Platform and its associated technological products may be (a website, a mobile application, or an electronic platform). This agreement is considered valid and enforceable upon your use of any of this platform and as soon as you agree to it and begin registering on the Qawafel Platform.
Article 1 - Definitions:
The above preamble is an integral part of this agreement. Below you will find the definitions and meanings of the key terms used in this agreement:
- 1- Qawafel or Qawafel Platform or the Platform: This term refers to the Qawafel Platform owned by Qawafel Electronic Marketing Company. This definition includes all physical elements and platforms belonging to Qawafel Electronic Marketing Company, whether it is an electronic application or a website, including the platforms and products stipulated in this agreement and any other platform that is created later and whose ownership or operating rights belong to Qawafel Company.
- 2- Qawafel One: This is an integrated electronic product designed to enhance the efficiency of companies and institutions (suppliers) to accelerate their growth by providing advanced financial and administrative solutions. Qawafel One offers innovative tools to streamline business processes, improve resource management, and support strategic decisions.
- 3- Qawafel Market: It is an integrated electronic product that connects suppliers and buyers to facilitate commercial transactions and expand the market. Qawafel Market allows users of (Qawafel One) to display their products and services through their own pages (stores) to facilitate smooth and secure buying and selling processes.
- 4- Supplier/Suppliers: This term refers to any natural or legal person registered in Qawafel One.
- 5- The buyer: This term refers to any natural or legal person who purchases the product or service from the supplier, through the Qawafel platforms.
- 6- Service Provider: Any third-party external party whose services are provided by Qawafel to users, who provides transportation, storage, or distribution services for products on behalf of suppliers through Qawafel platforms by linking it with users without any intervention or relationship from Qawafel to the agreement concluded between the user and the service provider, whether it is a shipping, storage, or other company.
- 7- User(s): Anyone who uses Qawafel's platforms and website, whether they are a merchant, service provider, or supplier.
- 8- The account: It is the access and usage channel that enables the user to use the platform’s services, and controls the features available to him to use.
- 9- The Agreement: This term refers to the agreement that governs and regulates the relationship between the parties to this agreement, and any amendments thereto.
Article Two - Legal Eligibility and Registration Requirements:
- 1- Every establishment that holds a commercial registration and has the legal capacity is entitled to subscribe to Qawafel platforms in accordance with the rules and provisions of the User Agreement.
- 2- The user acknowledges that their business entity possesses the necessary legal, regulatory, and legitimate capacity to conduct business activities through the Qawafel electronic platform. The user agrees that in the event of violating the provisions of this article regarding "Legal Capacity," they will bear full legal responsibility to third parties, including other users. It should be noted that the Qawafel platform is not responsible for any transactions arising between the user and any other party. The Qawafel platform reserves the right to hold the user accountable in accordance with the provisions of contractual and tortious liability, and to demand compensation for any damages that may result from this violation, including any damage to the reputation of the Qawafel platform among consumers, users, or other parties.
- 3- The user must provide the Qawafel platform with all information and supporting documents such as the commercial registration and any other documents required by the Qawafel platform for registration and proof of the store’s legal identity.
- 4- The user page must not violate the regulations and laws in the Kingdom of Saudi Arabia, and the user is obligated to clarify the nature of the work he does, the activities he practices, and the type of services or products he offers or sells.
- 5- Qawafel platform disclaims responsibility for any violation of the provisions of the regulations in the Kingdom or public morals, and Qawafel platform reserves the right to refuse to activate any electronic page that does not comply with the applicable laws and regulations or the provisions of this agreement.
- 6- The user acknowledges under this agreement that he does not violate public order or Islamic morals in the Kingdom of Saudi Arabia.
- 7- The user shall comply with all applicable laws, regulations and rules in the Kingdom of Saudi Arabia, including but not limited to the Electronic Commerce Law, the Anti-Cybercrime Law, and the Electronic Transactions Law.
- 8- All users must disclose on their page the data required by the Qawafel platform. If the data is found to be inaccurate or not updated regularly, the Qawafel platform has the right to disable or suspend the user's account.
- 9- The user acknowledges that before registering on the Qawafel platform, he has verified the availability of all procedures and requirements required by the official authorities in the Kingdom of Saudi Arabia, and that he has fulfilled all these procedures and requirements to practice his activity.
- 10- The Qawafel platform has the right to disable the account of any user who violates the eligibility provisions contained in this agreement. It also has the right to take any action it deems appropriate, and the platform may cancel his membership based on what it decides before it or pursuant to court orders or rulings.
Article Three - Services Provided and Obligated:
- 1- The mission of the Qawafel platform is to provide electronic support means by creating and providing comprehensive systems (Qawafel One) and (Qawafel Market) that allow the user to enjoy all its features. The responsibility of the Qawafel platform under this agreement is limited to enabling the user to benefit from the available electronic advantages and solutions.
- 2- The Qawafel platform may offer additional services to the user, such as marketing support, guidance and mentorship, and online payment gateways. All Qawafel platform services are subject to the terms and conditions of this User Agreement, and the provisions specific to each service apply without prejudice to the provisions of this Agreement.
- 3- Qawafel platform is not obligated to complete sales transactions of products or services between the supplier and merchants, and Qawafel is not obligated to achieve any sales results or generate revenues. The platform’s obligation ends with enabling the user to benefit from the advantages and solutions available through the platform.
- 4- All private transactions between users are their own business, and the platform is not responsible for them, as these transactions are subject to the direct agreement between the supplier and the buyer. If it is found that the user has failed to fulfill the agreement concluded between him and the other user or has violated the terms of fulfilling it, the Qawafel platform does not bear any responsibility for these violations, and is not obligated to compensate any party as a result of the other party’s failure to fulfill its obligations. The Qawafel platform is not responsible for any violations that occur or are committed between users.
Article Four – Terms and Conditions of Use on the Qawafel Platform:
After activating your account as a user on the Qawafel platform, you will become a user of Qawafel platform services, and by doing so you have agreed to:
- 1- You are responsible for maintaining the confidentiality of your account information and password, and you commit to immediately informing the Qawafel platform of any unauthorized use of your account information or any other breach of your confidential information. In all cases, the Qawafel platform will not be responsible for any loss that may be incurred by the user, directly or indirectly, morally or materially, as a result of disclosing username or password information or in the event of misuse of the platform.
- 2- The user is obligated to use his account himself or the persons authorized by him to do so, as the user is fully responsible for his account data, and if another person uses the account, this means that he is authorized by the user to use the account in the user’s name and for his account.
- 3- The user must commit, when using the Qawafel platform, to using it with all seriousness and credibility, and to abide by the rules and provisions of the User Agreement, as well as the regulatory and legal controls in force in the Kingdom of Saudi Arabia.
- 4- The user is obligated to compensate the Qawafel platform for any direct or indirect losses that may be incurred as a result of any illegal, fictitious or unauthorized use of his account, whether by the user or by any other person who obtained the access keys to the user’s account on the platform with the user’s consent or due to his negligence and dereliction of duty.
- 5- The user agrees not to include in the username any of the personal contact details such as email addresses, contact numbers, any personal details, or any phrase that indicates a personal or commercial relationship between him and the Qawafel platform, its affiliates or owners.
- 6- Qawafel platform handles your personal information and contact addresses confidentially in accordance with the provisions of this agreement and the privacy and confidentiality policy applicable to Qawafel platform.
- 7- The user is obligated to maintain and update their registration data at all times to ensure it remains true, accurate, current, complete, and legal. If the user discloses untrue, inaccurate, outdated, incomplete, or illegal information, or information that violates the Terms of Use, Qawafel Platform reserves the right to suspend, freeze, or terminate your membership, store, and account on the platform, without prejudice to Qawafel Platform's other rights and legitimate means of recovering its rights and protecting other users.
- 8- Qawafel platform reserves the right at any time to conduct any investigations it deems necessary, whether directly or through a third party, and we require you to disclose any additional information or documents, no matter how small, to prove your identity or your ownership of your funds or your account.
- 9- In the event of non-compliance with any of the above, the management of the Qawafel platform reserves the right to suspend or cancel your membership and block you from accessing Qawafel platform services again.
- 10- It also reserves the right to cancel any unconfirmed or unverified accounts, transactions, or accounts that have been inactive for a long time.
Article Five - Electronic Communications and Official Communication Channels on the Qawafel Platform
- 1. The user agrees to be contacted via email or through public messages sent by the Qawafel platform to all users or to specific users upon logging into their accounts. The user also acknowledges that all agreements and notifications sent electronically constitute legally binding evidence.
- 2. During the user's membership and activity on the Qawafel platform, the platform will send emails to inform them of any changes, procedures, or new advertising campaigns added to the platform.
- 3- Any notifications that the supplier wishes to send to the Qawafel platform must be sent via email, and the Qawafel platform will respond to the email.
Article Six - Amendments to the Terms of Use and Fees Agreement on the Qawafel Platform:
- 1. The supplier acknowledges and agrees that Qawafel Platform reserves the right to amend this agreement at any time, thereby increasing the supplier's obligations or decreasing their rights related to their use of the Qawafel Platform based on any amendments made to this agreement.
- 2. The user will be notified of any amendments through available technical means, which may include email or public messages to all users upon logging into the platform. The user's continued use of the platform after such amendments constitutes their acceptance of the amended agreement and their commitment to its terms.
- 3. The supplier agrees that Qawafel Platform has the absolute authority to make any fundamental or minor amendments to this agreement without incurring legal liability. The user's acceptance of these amendments is legally binding upon notification through available technical means. If the user continues to use the platform after such amendments, their continued use constitutes acceptance of these amendments.
- 4. If a user objects to any amendment to the Terms of Use, they may be unable to access their account. Acceptance of the Terms of Use and any amendments thereto is required to benefit from Qawafel platform services.
- 5. All fees are calculated in Saudi Riyals unless otherwise stated. The supplier must pay all applicable fees in addition to any other expenses imposed by the Qawafel platform. Payment must be made through the methods approved and specified by the platform.
- 6. Not all Qawafel platform services are free for users. Some services are subject to varying fees. Qawafel platform reserves the right to charge users.
- 7. Qawafel platform reserves the right to add, increase, decrease, or deduct any fees or expenses in accordance with the rules and terms of the Terms of Use for any user, regardless of their reason for registration.
Article Seven - Payment and Settlement Services for Stores on the Qawafel Platform:
- 1- The user is obligated to manage the payment, sale and purchase operations that take place in his store through the payment methods stipulated in this agreement.
- 2- Qawafel shall not bear any responsibility arising from incomplete or rejected payments, or which are found to be incomplete for any reason whatsoever.
- 3- Qawafel platform reserves the right to refuse, cancel or suspend purchases, whether payment has been made or not.
- 4. Qawafel, through its partners, provides a comprehensive online payment system. Payments can be made through the payment options available on the platform or through any other payment methods offered by Qawafel from time to time.
- 5. Qawafel assumes no responsibility for cash-on-delivery payments, as this method is governed by the relationship between the supplier, the buyer, and the service provider.
- 6. Qawafel may, at any time, require that payments be made directly between users through their own bank accounts, without any intervention from Qawafel.
- 7. By providing online payment services, the Qawafel platform aims to facilitate transactions and protect user rights.
- 8. The supplier is obligated to set the price of the service or products offered in their store according to the prevailing market value. Qawafel Business Platform bears no responsibility for any miscalculation of the cost of products or services offered in stores on (Qawafel Market).
- 9. All users must provide the buyer with a tax invoice detailing the cost of purchasing the service or product, the total price, the delivery date and location, and the exchange and return policy. The tax invoice must include all elements as required by the Zakat, Tax and Customs Authority.
- 10. The supplier is obligated to provide invoices, receipts, and delivery notes for all amounts and profits generated in their store. All these invoices must include the type of goods or services, their quantities, descriptions, and values. The supplier must also adhere to the accounting standards required in their online store in accordance with the provisions of this agreement, as this serves the legal, economic, and commercial interests of the merchants.
- 11- Qawafel reserves the right to prevent the completion of any payment transaction that violates the terms and conditions of the User Agreement, or to cancel any purchase or sale order due to a technical error on the platform that resulted in a discrepancy between the prices displayed on the platform and the market value of the product, without being liable for such amounts.
- 12- Qawafel reserves the right to cancel, modify, or change any of the payment methods it has established and made available on the platform.
- 13- The supplier is responsible for verifying that the buyer makes the payment. Qawafel bears no responsibility in the event of a discrepancy or failure by the buyer to fulfill their obligations.
Article Eight - Your personal information and transaction details on the Qawafel platform:
- 1. The user grants Qawafel a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and transferable right to use any personal or other information or materials provided to or made available on the platform by the user through their registration. This includes information submitted via communication and registration forms, emails, or any other communication channels available on the platform. This right is granted to Qawafel to pursue any interests it deems appropriate.
- 2. The user is solely responsible for the information they submit or publish on the platform. Qawafel's role is limited to allowing the user to display this information through the platform and its advertising channels.
Article Nine - Rights:
- 1. All content on the Qawafel platform, whether electronic or otherwise, written, drawn, or otherwise, including but not limited to: written and unwritten texts, graphic designs, technical ideas, logos, presentations, button icons, symbols, audio clips, compiled data, and software, is the property of the Qawafel platform and all rights are reserved by the Qawafel platform. No one has the right to use it in any way, whether directly, indirectly, or through a third party.
- 2. The Qawafel platform emphasizes that it will take the necessary measures regarding any infringement or violation of any of its rights or intellectual property.
- 3. The Qawafel platform is not responsible for any infringement of the intellectual property rights of its users.
Article Ten - Intellectual Property:
- 1- The management of the Qawafel platform respects the intellectual property rights of its users.
- 2. The user agrees to respect the intellectual property rights of the Qawafel platform and other users.
- 3. All these rights are protected under intellectual property and trademark laws and are the exclusive property of the Qawafel platform. Under no circumstances may they be infringed upon or used without explicit authorization from the Qawafel platform management or its owners.
- 4. The platform has the right to use users' trademarks, trademarks they have the right to use, or any other content shared by the user on the platform for promotional and marketing purposes.
Article Eleven - Provisions specific to the buyer:
- 1. If a buyer purchases goods using one of the payment methods available on the Qawafel Market platform and does not receive their goods, or receives goods that differ from the specifications listed on the store page, the merchant has the right to notify the supplier through the supplier contact service. The platform also has the right to take any action it deems appropriate against the user who violated the terms of this agreement.
- 2. The Qawafel platform is not legally or religiously responsible for this breach by the supplier against the buyer, as it is not a party to the relationship between the buyer and the supplier. However, it will communicate and attempt to resolve the issue after improving the quality of the platform and the suppliers listed on it.
- 3. The buyer has the right to inspect their purchases before delivery to ensure they are in good condition and match what was purchased, as the Qawafel platform is not responsible for the relationship between the buyer and the supplier.
- 4. The buyer acknowledges and affirms that they browse the Qawafel platform at their own discretion and purchase from supplier stores at their own risk.
- 5- The Qawafel platform may take some measures against a user who deliberately deceives, misleads, or cheats other users, based on the platform’s desire to preserve and protect the rights of all users and those registered with it.
Article Twelve - Qawafel Platform's Responsibility Towards Users:
- 1. Qawafel Platform is not responsible in any way for any unsatisfactory or delayed performance by suppliers, shipping companies, electronic payment gateways, or banks, nor for the buyer's failure to pay, nor for any losses, damages, or delays due to unavailable goods, delayed delivery, or poor service quality provided by suppliers.
- 2. Qawafel Platform is not liable for any claims arising from user errors or negligence, whether directly, indirectly, incidentally, or through a third party.
- 3. Qawafel Platform is not responsible for any claims or liabilities arising from misuse, abuse, inability to use the Qawafel Platform, or any other form of misuse. Qawafel Platform assumes no responsibility or liability in such cases.
- 4. Qawafel Platform is not responsible for any claim, dispute, costs, damages, liability, or any direct or indirect loss to any party arising from an act committed by a platform user or a third party acting in bad faith.
- 5. Qawafel Platform is not responsible for any misuse of any legitimate and authorized product, in accordance with the laws and regulations of the Kingdom of Saudi Arabia, if used for illegal or unlawful purposes. No person or entity has the right to pursue any claim, demand, or compensation against Qawafel Platform regarding such misuse, as all products or services offered on the Qawafel Platform are provided through suppliers.
- 6. Qawafel Platform is not responsible for any illegal or unlawful activity undertaken by the user, or any activity that violates the regulations and instructions in force in the Kingdom of Saudi Arabia.
- 7. The user acknowledges that offering or selling counterfeit, adulterated, or intellectual property rights-infringing products is a violation of regulations and laws and is subject to legal penalties. If the user commits such a violation, they alone bear the resulting responsibility.
- 8- Qawafel is not a seller of the products displayed on it, nor is it an agent for the seller, and it does not guarantee the quality and safety of the products displayed to customers. In the event of a dispute between the supplier and the customer, neither of them has recourse against the platform or demands compensation from it.
Article Thirteen – Confidentiality of Information and Privacy Policy:
- 1. Qawafel is committed to protecting your privacy and ensuring the security of your personal data in accordance with the laws of the Kingdom of Saudi Arabia. By using the platform, you agree to the terms and conditions set forth in this policy.
- 2. This Privacy Policy explains how Qawafel collects, uses, and shares the personal data of users of the website and services. This policy applies to all users and complies with the Personal Data Protection Law of the Kingdom of Saudi Arabia.
- 3. This policy is an integral part of the Qawafel platform's Terms and Conditions agreement for users. By using the platform, users agree to the terms of this Privacy Policy, which is a legally binding agreement. Any new features or tools added to our services will also be subject to this policy.
- 4- The legal justification for collecting this information is for the purpose of implementing the provisions of the Terms and Conditions Agreement concluded between the Qawafel platform and the users, and because this information is necessary to obtain the services provided by the Qawafel platform to users that arise under the voluntary consent of the users.
The data we collect
- 1- Supplier/Supplier Data: This term refers to any natural or legal person registered with Qawafel One, and includes:
- The supplier's personal data, including store names, legal name in Arabic, email addresses, phone numbers, IP addresses, delivery locations and addresses, as well as bank account details such as beneficiary name, bank name, and IBAN.
- Supplier store data, including store-specific data such as profile pictures, commercial registration number, commercial registration certificate, VAT certificate, VAT number registered with the Zakat and Income Tax Authority (ZATCA) or ZATCA ID, or tax identification number such as the Moommera license number, Human Resources and Social Development license number, Seven Hundred license number, Mesa license number, national ID number, Gulf ID number, residency permit number, and passport number.
- Data obtained from third parties to support marketing activities and analytics.
- Cookie data.
- We collect cookie data, which is collected through website logs.
- Usage data, including data about user activity on the platform, such as page visits, time spent on the site, and clicks on links.
- Device data such as device type, operating system, browser, IP address, and device location if permission is granted.
- 2. Customer and Consumer Data: This includes data provided by customers and consumers when using the platform's services, including shipping, invoicing, and payment information.
- 3. Buyer Data: This refers to any individual or entity that purchases a product or service from the supplier through the Qawafel platform, and includes:
- The buyer's personal data includes store names, legal name in Arabic, email addresses, phone numbers, IP addresses, delivery locations and addresses, the name and mobile number of the authorized recipient, and bank account details such as the beneficiary's name, bank name, and IBAN.
- The buyer's store data includes profile pictures, commercial registration number, commercial registration certificate, VAT certificate, and VAT number registered with the Zakat and Income Tax Authority. Data may also be collected from third parties to support marketing activities and analytics.
- There is also data related to the buyer's business activity, such as the merchant's job title, business hours, number of branches, number of employees, and business volume based on monthly revenue and social media links.
- We collect cookie data, which is collected through website logs.
- Usage data includes data about user activity on the platform, such as page visits, time spent on the site, and clicks on links.
- Device data such as device type, operating system, browser, IP address, and device location if permission is granted.
- 4- Third-Party Logistics (3PL) Data: This term refers to any third party that provides transportation, storage, or distribution services for products on behalf of suppliers through Qawafel platforms. This includes companies specializing in shipping, delivery, warehousing, and order fulfillment. The data includes:
- The personal data of logistics companies includes the names of the service providers, profile pictures, legal name in Arabic, email addresses, phone numbers, delivery locations, addresses, and mobile numbers, in addition to bank account details such as the beneficiary's name, bank name, and IBAN.
- 5- Cookie Data: We collect cookie data, which is collected through website logs.
- 6- Strategic and logistical services (third-party services) in convoys:
- The supplier and buyer acknowledge that by using third-party logistics services through the Qawafel platform, they grant Qawafel full permission to share their data with the service provider, including information such as username, phone number, email address, commercial registration number, establishment address, postal code, and additional delivery-related data such as precise location. This data is used to facilitate the provision of the requested service by the logistics company (the third party) and to ensure efficient delivery of orders in accordance with the terms of service.
- 7- How Data is Collected
- Data is collected by the user providing it to us, whether the user provides it electronically through the platform or by communicating with the team through other means of communication. Information may also be collected by a third party who provides us with data that they obtain by granting the user the authority to obtain it and share it with others.
- 8- How do we use the data?
- 1. We use personal data to improve the services we provide and ensure they meet your needs.
- 2. We use usage data to improve and develop the Qawafel platform and ensure a better user experience.
- 3. We use customer data for support purposes, providing information and analyzing data to improve our products and services.
- 4. We collect this data to provide our services to you, such as identity verification, order fulfillment and delivery, invoicing, and shipping.
- 5. We use data to communicate with users for customer service, complaint handling, and marketing purposes, including providing them with offers and additional services.
- 9. Data is shared with:
- 1. Internal Parties: We only share data with authorized departments and employees within Qawafel.
- 2. External Parties: We may share data with external service providers or third-party service providers for the purpose of providing technical support and logistical services, if required by the service you request.
- 3. Legal Protection: We may disclose personal data if necessary to comply with legal requirements or to protect our legal rights and interests.
- 4. Data verification and processing entities authorized by official government licenses to verify personal data.
- 10- Data Transfer
- Your personal data may be transferred to a third party outside of Saudi Arabia for processing purposes or to support our efforts in providing our services and improving your experience using the platform. Data transfer will only occur if adequate safeguards are in place to protect your data, in accordance with the Personal Data Protection Law of Saudi Arabia.
- 11- Data Security and Storage
- 1. Qawafel employs advanced security standards to protect personal data from loss or unauthorized use.
- 2. We regularly monitor and update our security systems to ensure a high level of security is maintained.
- 12. Your rights regarding the processing of your personal data.
- 1. Users have the right to access their personal data, request its modification or deletion, and object to the processing of their data in certain cases.
- 2. Users have the right to withdraw their consent.
- 3. You can contact us to access these rights via the email address provided in the Contact Us section.
- 4. Exercising your right to request the modification or deletion of your personal data, or to object to its processing, may result in restrictions on your access to the services and benefits offered by the platform.
- 13- Data retention
- 1. We will retain your personal data for as long as necessary to fulfill the purposes outlined in this policy.
- 2. We will destroy or anonymize data when it is no longer required, in accordance with applicable laws and regulations.
- 3. We may retain some data after it is no longer needed for transaction documentation purposes. In such cases, we will remove any information that could identify the user.
- 4. Qawafel employs high-quality electronic and technical security systems to protect the data of merchants, buyers, and logistics companies. These systems are continuously and regularly updated.
- 5. No method of transmitting data over the internet or storing data electronically is 100% secure. Therefore, we cannot guarantee the absolute security of your personal data.
- 6. If personal data is directly related to a case pending before a judicial or security authority, we will retain the data for as long as required.
- 7. We may continue to retain personal data if there is a legal justification for retaining it for a specific period.
- 14- Privacy Policy Updates:
- We may update this Privacy Policy from time to time. You will be notified of any changes by posting the new policy on the platform or via email.
- 15- Contacting Us:
- For any inquiries or requests related to the Privacy Policy, you can contact our Customer Support team via email at [email protected]
Article Fourteen – Caravan Service Fees and Replacement and Cancellation Policy:
- 1. Purchased messages are valid for one year from the date of purchase, and available messages expire at the end of the subscription period.
- 2. Some Qawafel packages and services can be canceled upon initial activation, and a refund will be issued within 14 days of the subscription's commencement. Users should review the cancellation terms displayed on the platform before canceling.
- 3- It is possible to temporarily suspend the subscription to some Qawafel packages and services for a maximum of 30 days without fees, provided that the number of suspensions does not exceed twice in one year, and the user cannot suspend the package more than twice in one year.
- 4- When you cancel your subscription to one of the paid packages, you can continue to use the package and benefit from its advantages until the subscription expires.
- 5- In the event of cancelling any package, Qawafel will deduct any dues and fees required to fulfill your request, including transfer fees.
- 6- In the event of withdrawing funds from the wallet, any dues and fees that require the execution of your request will be deducted, including transfer fees.
- 7. The user can withdraw funds from their wallet every 14 days.
- 8. When the automatic renewal option is activated for a package or service, the balance will be automatically deducted upon the issuance of the new non-refundable subscription invoice.
- 9- If the subscription expires and the package is not renewed, the paid services will be automatically disabled.
- 10- When you subscribe to a package or service, you can use it and benefit from its advantages until the subscription expires.
- 11- When subscribing to Qawafel packages and services using the payment methods available in the application on the iOS operating system, the subscription fees are subject to Apple’s costs and conditions, and the Qawafel platform has no authority over these costs and conditions.
- 12- All users acknowledge and are fully aware that the management of the Qawafel platform, in transferring funds related to their commercial activities within the platform, is subject to the authority and powers of the Central Bank of the Kingdom of Saudi Arabia. Consequently, the Qawafel platform notes that some fund transfers may be delayed due to restrictions imposed by the Central Bank, the Ministry of Commerce, and e-commerce regulations governing online buying and selling transactions.
- 13- Qawafel reserves the right to impose any fees on suppliers or stores as a result of their operations within the platform. These fees may include, but are not limited to: government fees, bank fees, administrative fees, or any other fees that Qawafel requires payment of as a result of the supplier's or store's activity.
Article Fifteen – Request to close the store:
- 1. The user has the right to request the closure of their account registered in the Qawafel platform database. When submitting the request, they must provide certain documents, including but not limited to: a closure request signed by the supplier's authorized representative and certified by the relevant official authorities.
- 2. The Qawafel platform reserves the right to accept or reject the closure request and to claim any outstanding financial dues owed by the store.
- 3. Notwithstanding the provisions of this agreement, if the user requests to close their account, they will not be entitled to a refund for any active subscriptions.
- 4. When reviewing the store closure request, the Qawafel platform will ensure that there is no disruption to the execution of supply transactions conducted through the platform.
Article Sixteen – Prohibited Contents and Products:
- 1. The user agrees not to advertise or display any content that violates the Privacy and Confidentiality Policy, the terms and conditions of this User Agreement, or the regulations in force in the Kingdom of Saudi Arabia.
- 2. The Qawafel platform strictly prohibits the sale of the following products and services, including but not limited to: any product/service that involves gambling, lotteries, or random selection; any product/service that may cause any physical or psychological harm; any pirated content or subscriptions; anything that violates intellectual property and publishing rights; and any sexually explicit or pornographic product/service that promotes such content.
Article Seventeen – Guarantee:
- 1. Qawafel platform does not guarantee the repair of defects or the absence of any other defects in products offered by suppliers. The supplier is responsible for any warranty details and its duration specified in the product description. The supplier is also obligated to maintain high quality standards in their online store.
- 2. The buyer must verify the warranty terms provided with the product and should not assume any warranty exists unless explicitly stated by the supplier.
Article Eighteen – User Liability for Damages:
- 1- The user is responsible for any consequences that may befall the Qawafel platform, its affiliates, owners, or subsidiaries as a result of any violations committed by the user.
- 2- The user is obligated to remedy or prevent any damage that may befall the Qawafel platform, its affiliates, or any of them as a result of claims, losses, damages, costs, expenses, or fees resulting from the user's misuse of the platform, or from any breach of the User Agreement, the applicable laws and regulations of the Kingdom of Saudi Arabia, infringement of the rights of a supplier or third party, or a complaint from another user or third party.
Article Nineteen – Paper and electronic promotional publications and special offers on the Qawafel platform:
- 1- The rules and terms of this User Agreement apply to all printed and electronic promotional publications across various publishing platforms and across various social media platforms.
- 2- The publications are subject to change and are not binding on the Qawafel platform with regard to the stability of prices for services, packages or offers, and price changes are subject to changes that occur on the Qawafel platform, stores or suppliers.
- 3- Any offers made by the Qawafel platform are temporary offers that are limited to a specific period of time. The Qawafel platform is not obligated to extend the period of time or to continue within the specified period of time, as it has the right to be satisfied with or determine the entitlement of any user to this offer or to cancel this offer at any time.
Article Twenty – (Third Party Services):
- 1. In accordance with the terms and conditions of this User Agreement, Qawafel may provide certain services through a third party. These services may include, but are not limited to, shipping and delivery services for products and goods.
- 2. Qawafel informs you that providing such services is a facilitation and cooperation on the part of the platform to assist its users, and the platform is not obligated to provide them.
- 3. Third-party services require additional fees to be agreed upon between the user and the service provider (the third party). These fees may be collected by Qawafel based on a prior agreement and understanding with the service provider.
- 4. Third-party services utilized through the technical connection between the Qawafel platform and the third-party system are not provided by Qawafel. Qawafel's role is limited to facilitating the electronic connection between the user and the third-party service provider through the Qawafel One system.
- 5. The user must agree to the service provider's terms and conditions to benefit from the services offered. The user must review the terms and conditions of use, the service provider's (third-party) terms, and the costs of their services before confirming the service request.
- 6. The Qawafel platform is not responsible, directly or indirectly, for any actions taken by any third party. Its role is solely to connect the user with the service provider (third party).
- 7. Requesting these services is not mandatory and depends entirely on the user's desire and need. When a user utilizes third-party services available through the Qawafel platform, the platform disclaims all responsibility for this relationship, which is governed by its own separate terms and conditions between the user and the third party.
- 8. If a user requests a service provided by a third party, the user authorizes the Qawafel platform to provide the service provider (the third party) with the user's requested personal data, as well as any other data the service provider (the third party) requires, in accordance with the terms and conditions of Qawafel's Privacy and Confidentiality Policy.
- 9. The user understands that the services of the third-party service provider require information from the user to perform these services, such as address and contact information. The accuracy of this information is the responsibility of the user who provides it.
- 10. Third-party services may require the user to confirm the completion of the service. The user is obligated to confirm the completion of the service, for example, confirming the completion of a shipping service provided by the third party. If the user confirms the completion of the service, this confirmation constitutes legal proof of completion.
- 11- If the user uses the Qawafel system or uses shipping services provided by a third party to serve customers outside the platform, he must obtain the final customer’s approval upon completion of the shipping service. The user bears the responsibility for violating this clause.
- 12- Regardless of whether the user has authorized the provision of the service by the third party, Qawafel shall not be liable under any circumstances for any damages or losses caused by the third party.
- 13- Some services provided by third parties on the Qawafel platform are accessed by the user through policies issued in coordination between the service provider and the Qawafel platform. These services are accessed through the Qawafel platform, and the platform may deduct some costs from them in accordance with the agreement between Qawafel and the service provider (third party). The Qawafel platform bears no responsibility for any failure by the service provider to provide its services.
Article Twenty-One – Technical Support:
Under the terms and conditions of this User Agreement, the Qawafel platform provides certain technical support services to users or some users, according to the privileges of the package to which the user subscribes, including, for example:
- 1- A free control panel for stores, and the control panel includes some free services.
- 2- If the supplier wishes to add some services, or different services, or multiple services, this is subject to the Qawafel platform's packages and offers policy, which is often subject to financial fees.
- 3- The Qawafel platform allows suppliers the right to communicate with the platform’s technical support team, which helps in the operation of stores through the platform and solves electronic technical issues that may arise in the stores.
Article Twenty-Two – Dispute Resolution:
Under the terms and conditions of this User Agreement, in the event of a dispute, the matter will be resolved through conciliation, negotiation, or amicable settlement. If the dispute persists, it will be resolved by the competent authorities in the Kingdom of Saudi Arabia, with the courts of Riyadh having territorial jurisdiction.
Article Twenty-Three – Policy for receiving merchants' complaints and settling disputes between buyer and supplier:
In the event of a complaint from one user against another, the Qawafel platform hopes to follow these steps:
- 1. First step: Submit a complaint via the designated link on the Qawafel platform. The complaint must include: the text of the complaint, supporting documents, and the name of the offending user. Qawafel will then forward the complaint to the relevant user for resolution.
- 2. Second step: The complainant will take appropriate action after reviewing the respondent's response.
- 3. If the complainant is not satisfied with the respondent's response, they have the right to request a copy of the supplier's legal identification to take further action against the supplier.
Article Twenty-Four – General Provisions:
- 1- This User Agreement is governed by and construed in accordance with the laws, regulations and legislation in force in the Kingdom of Saudi Arabia, and is subject in full and completely to the legislation in force with the authorities in the Kingdom of Saudi Arabia.
- 2- In the event that any article or clause contained in this agreement is cancelled or that any article or clause is no longer valid, this shall not invalidate the validity of the remaining articles, clauses, rules and provisions contained in the User Agreement and they shall remain in effect until further notice from the Qawafel platform management.
- 3- If the User Agreement is translated into any other language, whether on the Qawafel platform or otherwise, the Arabic text of the User Agreement shall remain the original text in all transactions.
- 4- In the event of any amendments to this User Agreement, all users will be notified. Their continued use of the platform will constitute acceptance of any such amendments.
- 5- This User Agreement shall not be cancelled or amended except by a decision issued by the Qawafel platform.