Terms and Conditions

Terms and Conditions of Use of the Qawafel Platform

Introduction

The Qawafel Platform, owned by Qawafel for E‑Marketing and registered with the Ministry of Commerce in the Kingdom of Saudi Arabia (CR: 1010602160), hereby informs you that the Terms and Conditions set out below govern your use of the Platform and all legal effects arising therefrom. The use of the Platform by any person having legal capacity shall constitute acceptance of and commitment to these Terms and Conditions as of the date of the user’s approval and registration and/or use of any of the Platform’s services. The term “Platform” includes everything Qawafel provides of technical solutions (website/application/electronic services). This Agreement shall be effective from the date of acceptance.

Article One - Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:

1) Qawafel / Platform: The Qawafel Platform and its technical solutions for completing business‑to‑business (B2B) transactions.
2) Merchant (User): Any legal or natural person holding an active commercial registration who uses the Platform.
3) Seller / Buyer (B2B): The Merchant is described as “Seller” when acting as a seller, and as “Buyer” when acting as a purchaser, within the Platform modules.
4) Corporate E‑Store: The B2B sales channel within the Platform through which orders and purchases between the Seller and the Buyer are concluded.
5) Trade Foundation Documents: Quotation, Purchase Order (PO), Invoice, Receiving Notice (RN), and Credit Note.
6) Three‑Way Match (3‑Way Match): A manual procedure performed by the Buyer before closing a Purchase Order to verify the match of quantities and values between: Purchase Order ↔ Invoice ↔ Receiving Notice.

Article Two - Eligibility

1) Any establishment holding a commercial registration and having legal capacity may subscribe to the Qawafel Platform in accordance with the rules and provisions of this Use Agreement.
2) The User represents that its business entity has the legal, regulatory, and Sharia capacity required to conduct commercial activities through the Qawafel electronic Platform. The User agrees that, if it violates the provisions of this Article (“Eligibility”), it shall bear full legal responsibility toward other users and/or third parties. Qawafel is not responsible for any dealings arising between the User and any other party. Qawafel reserves the right to hold the User accountable under contractual and tort liability and to claim compensation for the consequences of such violation, including any harm to Qawafel’s reputation before consumers, users, or other parties.
3) The User must provide Qawafel with all information and supporting documents, such as the commercial registration and any other documents requested by Qawafel for registration and for verifying the legal identity of the store/account.
4) The User’s page must not violate the laws and regulations in the Kingdom of Saudi Arabia. The User shall disclose the nature of its business, the activities it carries out, and the type of services or products it offers or sells.
5) Qawafel disclaims liability for any violation of the Kingdom’s laws or public morals and reserves the right to refuse activation of any electronic page that does not comply with applicable laws and regulations or with these Terms.
6) The User acknowledges, pursuant to this Agreement, that it does not violate public order or Islamic morals in the Kingdom of Saudi Arabia.
7) The User shall comply with all laws, regulations, and rules applicable in the Kingdom of Saudi Arabia, including, without limitation, the E‑Commerce Law, the Anti‑Cybercrime Law, and the Electronic Transactions Law.
8) All users must disclose on their page the data required by Qawafel; if such data is found to be inaccurate or not kept up to date, Qawafel may disable or suspend the user’s account.
9) The User acknowledges that, prior to registering on the Platform, it has ensured compliance with all procedures and requirements imposed by official authorities in the Kingdom of Saudi Arabia and that it has satisfied all such requirements to conduct its activity.
10) Qawafel may disable any user account upon violation of the eligibility provisions herein and may take any action it deems appropriate. The Platform may cancel membership based on its own determination or pursuant to judicial orders or rulings.

Article Three - Services Provided and Scope of Commitment

The Platform’s mission is to enable the Merchant to benefit from Qawafel solutions to complete commercial transactions, sell through the Corporate E‑Store, and manage related operations. Qawafel is not a party to sales contracts between the Seller and the Buyer and does not guarantee commercial outcomes. Qawafel’s obligation ends with enabling the User to benefit from the features and solutions available under this Agreement.

Article Four - Terms and Obligations for Use of the Platform

After activation of your account as a user on the Qawafel Platform, you become a user of Qawafel services and thereby agree to the following:

1) You shall be responsible for maintaining the confidentiality of your account information and password and shall notify Qawafel immediately of any unauthorized use of your account information or any other breach of your confidential information. In all cases, Qawafel shall not be liable for any loss suffered by the User, directly or indirectly, materially or morally, as a result of disclosure of the username or password or misuse of the Platform.
2) The User shall use the account personally or through persons duly authorized by the User, as the User is fully responsible for its account data. If another person uses the account, such use shall mean that the person is authorized by the User to use the account in the User’s name and for the User’s account.
3) The User undertakes to use the Platform in good faith and with credibility and to comply with these Terms and with the applicable legal and regulatory controls in the Kingdom of Saudi Arabia.
4) The User shall indemnify Qawafel for any direct or indirect losses incurred due to any unlawful, unreal, or unauthorized use of the User’s account, whether by the User or by any other person who obtained access credentials with the User’s consent or as a result of the User’s negligence or failure.
5) The User undertakes not to include within the username any contact details such as email addresses, phone numbers, any personal details, or any wording indicating a personal or commercial relationship between the User and Qawafel, its staff, or its owners.
6) Qawafel shall treat your personal information and contact details as confidential in accordance with this Agreement and Qawafel’s Privacy and Confidentiality Policy.
7) The User shall maintain and continuously update registration data to keep it true, correct, current, complete, and lawful. If the User provides data that is untrue, incorrect, outdated, incomplete, unlawful, or in violation of these Terms, Qawafel may suspend, freeze, or cancel the User’s membership/store/account on the Platform, without prejudice to Qawafel’s other rights and lawful means to recover its rights and protect other users.
8) Qawafel reserves the right, at any time, to conduct any investigations it deems necessary, whether directly or through a third party, and to request additional information or documents of any size to verify identity, ownership of funds, or ownership of the Platform account.
9) If the User fails to comply with any of the above, Qawafel reserves the right to suspend or cancel the User’s membership and block the User from accessing Qawafel services again.
10) Qawafel also reserves the right to cancel any unconfirmed or unverified accounts, operations, or accounts that have remained inactive for an extended period.

Article Five - Electronic Communications

1) The User agrees to be contacted via email or through public messages broadcast by Qawafel to all users or to specific users upon logging into their accounts on the Platform. The User acknowledges that all agreements and notices sent electronically constitute independent legal evidence.
2) During the User’s membership and activity on the Platform, Qawafel may send electronic messages to notify the User of any changes, procedures, or new promotional campaigns that may be added to the Platform.
3) Any notices the Merchant wishes to send to Qawafel shall be sent via email, and Qawafel shall respond by email.

Article Six - Intellectual Property and Data Protection

Intellectual property rights in the Platform and its contents belong to Qawafel or its licensors. The User undertakes not to infringe any intellectual property rights and to protect its data in accordance with the approved Privacy Policy. The Platform uses users’ data as required for operational needs and in compliance with applicable legal controls. For advertising and marketing purposes, the Platform may use users’ trademarks (or trademarks the users are entitled to use) and/or any content that the User shares or uploads on the Platform, for the sole purpose of promoting the Platform and its services, without prejudice to users’ ownership of their trademarks and content.

Article Seven - Payment and Settlement

1) Payments shall be managed through the approved electronic means within the Platform or directly between the parties’ bank accounts, as determined by Qawafel.
2) The Seller shall issue a compliant tax invoice in accordance with ZATCA requirements prior to delivery/closure, and invoices and notices shall be retained on the Platform for evidentiary and audit purposes.
3) The User shall manage payment, sales, and purchase processes conducted through its store using the payment means set out in this Agreement.
4) Qawafel shall bear no liability arising from incomplete or rejected payment transactions, or transactions found to be incomplete for any reason whatsoever.
5) Qawafel reserves the right to refuse, cancel, or suspend purchase transactions whether payment has been made or not.
7) Qawafel bears no responsibility for cash-on-delivery payment methods, as such methods are governed by the relationship between the Merchant, the Buyer, and the service provider.
6) Qawafel, through its partners, provides online payment and settlement options in all their forms, which may be processed through the payment options available on the Platform or through any other payment method offered by Qawafel from time to time.
8) Qawafel may, at any time, require that payments be made directly between users via their own bank accounts, without any intervention by Qawafel.
9) Qawafel provides online payment services to facilitate transactions and safeguard users’ rights.
10) The Merchant shall set the prices of services/products offered in its store in accordance with market value, and Qawafel bears no liability for mispricing or misestimation of costs.
11) All users must provide the Buyer with a tax invoice showing the purchase costs of the service/product, the total amount, delivery date and location, and the exchange/return policy. The tax invoice must be complete in accordance with the requirements of the Zakat, Tax and Customs Authority.
12) The Merchant shall provide invoices, receipts, and receiving vouchers for all amounts and profits arising in its store. All such invoices must include the type of goods or services, quantities, descriptions, and values. The Merchant shall also comply with the accounting standards required in its Corporate E‑Store pursuant to this Agreement.
13) Qawafel reserves the right to prevent completion of any payment process in violation of these Terms or to cancel any purchase/sale order resulting from a technical error on the Platform that causes displayed prices to differ from market value, without bearing liability for such amounts.
14) Qawafel reserves the right to cancel, amend, or change any payment methods it has enabled on the Platform.
15) The Merchant is responsible for verifying that the Buyer has paid and settled amounts due; Qawafel bears no liability if the Buyer fails to pay.

Article Eight - Electronic Invoicing (ZATCA)

Article Nine - Trade Foundation and Manual Three-Way Match

1) The Platform adopts the following documents as evidence of the trade foundation: Quotation, Purchase Order (PO), Invoice, Receiving Notice (RN), and Credit Note.
2) A manual three‑way match shall be carried out by the Buyer before closing a Purchase Order to verify that quantities and values match between: Purchase Order ↔ Invoice ↔ Receiving Notice.
3) The “partial receipt” tag is an operational tag for follow‑up assistance only and does not allow partial quantity settlements upon final closure; at closure, quantities and values must match as reflected in the attached documents.
4) A Purchase Order (PO) shall not be closed unless a compliant invoice and a Receiving Notice have been attached and any variances have been processed through an appropriate Credit Note prior to closure.

Article Ten - Limitation of Liability

1) Qawafel is not responsible for the outcomes of users’ dealings with each other and does not guarantee any returns or profits. Each party bears its contractual and statutory obligations toward the other party and toward official authorities. Qawafel’s responsibility is limited to what is expressly set out in this Agreement.
2) Qawafel shall not be responsible, in any manner, for unsatisfactory or delayed performance by merchants, shipping companies, payment gateways, banks, the Buyer’s failure to pay, or for any losses, malfunctions, or delays due to unavailable goods, delayed delivery, or poor quality of services provided by merchants.
3) Qawafel shall not bear any claims arising from the User’s errors or negligence, whether directly, indirectly, incidentally, or through a third party.
4) Qawafel shall not bear any claims or liabilities arising from misuse, inability to use, abusive use of the Platform, or excess use.
5) Qawafel shall not be liable for any claim, dispute, costs, damages, liability, or any direct or indirect loss of any party arising from an act committed by a Platform user or by a third party in bad faith.
6) Qawafel has no relation to any misuse of a lawful and authorized product under Saudi laws and regulations when used for unlawful or non‑compliant purposes. No person or entity may bring any claim or compensation demand against Qawafel in relation to such misuse, as all products/services on the Platform are provided by merchants.
7) Qawafel has no relation to any unlawful or non‑compliant activity undertaken by the User or any activity that violates applicable laws and instructions in the Kingdom of Saudi Arabia.
8) The User acknowledges that offering or selling counterfeit, adulterated, or intellectual‑property‑infringing products constitutes a violation of laws and regulations and may subject the User to statutory penalties; if the User commits such violation, the User alone bears responsibility.
9) Qawafel is not the seller of products listed on the Platform, is not the seller’s agent, and does not undertake to guarantee the quality or safety of listed products. If a dispute arises between a Merchant and a customer, neither party may seek recourse against the Platform or claim compensation from it.

Article Eleven - Buyer-Specific Provisions (B2B)

1) Purchases shall be conducted only through the Corporate E‑Store, and the Buyer shall review its orders, invoices, and receiving notices before closure.
2) Any quantity/value variances, if any, shall be processed through a compliant Credit Note linked to the relevant invoice before closing the Purchase Order.
3) Qawafel’s responsibility is limited to technical setup and integration and shall not be deemed a party to the sale contract nor a guarantor of the quality of goods or services.

Article Twelve - Third-Party Services

1) Under this Use Agreement, Qawafel may provide certain services through third parties.
2) Qawafel informs you that providing such services is a facilitation and cooperation to assist users, and Qawafel is not obliged to provide them.
3) Third‑party services may require additional fees agreed between the User and the service provider (third party). Such fees may be collected through Qawafel pursuant to a prior agreement and understanding with the service provider.
4) Third‑party services are utilized via technical integration between Qawafel and the third party’s system. Such services are not, in any case, provided by Qawafel, and Qawafel’s role is limited to providing electronic connectivity between the User and the third‑party provider through the Qawafel system.
5) The User must agree to the service provider’s terms and conditions in order to benefit from the provider’s services, and the User must review the provider’s terms and costs before confirming a service request.
6) Qawafel is not responsible, directly or indirectly, for any actions taken by any third party; its role is merely to connect the User with the third‑party provider.
7) Requesting such services is optional and depends on the User’s needs. If the User uses third‑party services available on the Platform, Qawafel disclaims liability for such relationship, and that relationship is governed by independent terms between the User and the third party.
8) If the User requests a service provided through a third party, the User hereby authorizes Qawafel to provide the third‑party service provider with the User’s personal data and any other data required by the service provider, in accordance with Qawafel’s Privacy and Confidentiality Policy.
9) The User understands that the third‑party provider’s services require information from the User for execution (e.g., address and contact method), and the accuracy of such information is the User’s responsibility.
10) Third‑party services may require the User to authenticate completion of the service, and the User bears the obligation to authenticate completion. If the User authenticates completion, such authentication constitutes legal evidence of completion.
11) If the User uses the Qawafel system or third‑party services to serve customers outside the Platform, the User must obtain the end customer’s authentication of service completion and bears responsibility for violating this clause.
12) Regardless of whether the User authenticates completion of a third‑party service, if damage or loss occurs due to the third party, Qawafel shall not be responsible for such damages.
13) Certain third‑party services on Qawafel may be used through policies issued in coordination between the service provider and Qawafel; the Platform may deduct certain costs pursuant to the agreement between Qawafel and the third‑party provider. Qawafel bears no liability for any breach by the service provider in providing its services.

Article Thirteen - Confidentiality and Privacy

1) Qawafel is committed to protecting your privacy and ensuring the security of your personal data in accordance with the laws applicable in the Kingdom of Saudi Arabia. By using the Platform, you agree to the terms and conditions set out in this policy.
2) The Privacy Policy explains how Qawafel collects, uses, and shares personal data of Platform and service users. This policy applies to all users and is aligned with the Personal Data Protection Law in the Kingdom of Saudi Arabia.
3) This policy forms an integral part of these Terms and Conditions. By using the Platform, the User agrees to the Privacy Policy terms, which constitute a legally binding agreement. Any new features or tools added to Qawafel services shall also be subject to this policy.
4) The legal basis for collecting this information is to implement the agreement concluded between Qawafel and users, and because such information is necessary to receive Qawafel services, arising from users’ voluntary consent.

A. Data We Collec

(i) Merchant Data: This means any natural or legal person that registers on Qawafel, including merchant personal data (store names, legal name in Arabic, email addresses, phone numbers, IP addresses, delivery locations and addresses, and bank account data), merchant store data (profile pictures, CR number and certificate, VAT certificate and VAT number/ZATCA identifier, tax IDs and regulatory license identifiers), as well as identification data such as national ID, Gulf ID, Iqama number, and passport number, and data obtained from other parties to support marketing and analytics.
(ii) Cookies Data: Data collected via website logs.
(iii) Usage Data: Activity on the Platform such as page visits, time spent, and link clicks.
(iv) Device Data: Device type, operating system, browser, IP address, and device location if permission is granted.
(v) Customer/Consumer Data: Data provided when using Platform services, including shipping, billing, and payment data.
(vi) Buyer Data: Personal/business data of a Buyer purchasing from a Merchant through Qawafel, including contact details, delivery details, authorized receiver details, bank account data, business activity data, and the same categories of cookies/usage/device data.
(vii) Third‑Party Logistics (3PL) Data (if applicable): Personal/business data of logistics providers as needed for transport, storage, delivery, warehousing, or fulfillment services.
(viii) Strategic and Logistics Services (Third‑Party Services): When using third‑party logistics services through Qawafel, the Merchant and the Buyer authorize Qawafel to share necessary data with the service provider (including username, phone number, email, CR number, establishment address, postal code, and precise delivery location) to facilitate provision of the requested service and to ensure efficient delivery in accordance with the provider’s terms.

B. How We Collect Data

C. How We Use Data

D. Data Sharing

E. Cross‑Border Data Transfers

F. Data Security and Storage

G. Your Rights

H. Data Retention

I. Updates to the Privacy Policy

J. Contact Us

Article Fourteen - Account Suspension/Termination

Article Fifteen - Prohibited Content

The User undertakes not to advertise or offer any content that violates this Agreement, the Privacy and Confidentiality Policy, or applicable laws in the Kingdom of Saudi Arabia. The Platform strictly prohibits the sale of, including without limitation: gambling-related products/services; “luck boxes,” mystery boxes, or random products; products/services that may cause bodily or psychological harm; pirated content or subscriptions; any content that infringes intellectual property or publishing rights; and sexual or pornographic content or anything that promotes such content.

Article Sixteen - Security and Unlawful Use

Article Seventeen - Support and General Operational Communications

Technical support shall be provided through the channels and within the limits announced on the Platform and according to subscription packages. Qawafel bears no obligation to provide support beyond the announced scope unless under a special agreement. Qawafel may provide certain technical support services according to the privileges of the subscribed package, including a free dashboard for stores that includes certain free services. If the Merchant wishes to add services, different services, or multiple services, this is subject to Qawafel’s packages and offers policy and may be subject to fees. Qawafel enables Merchants to contact the technical support team to assist in operating stores and resolving technical issues.

Article Eighteen - Warranty

Article Nineteen - User Liability for Damages and Indemnification

The User shall bear any consequences and damages that may be incurred by Qawafel, its staff, its owners, or its affiliates due to violations committed by the User. The User undertakes to prevent and remove any harm that may be suffered by Qawafel or its affiliates as a result of claims, losses, malfunctions, costs, expenses, or fees arising from the User’s misuse of the Platform, breach of these Terms or applicable laws, infringement of others’ rights, or complaints by any user or third party.

Article Twenty - Marketing Materials and Offers

These Terms apply to all printed and electronic promotional publications across publishing platforms and social media channels. Publications are subject to change and are not binding on Qawafel with respect to the stability of service/package/offer prices. Any offers provided by Qawafel are temporary and time‑bound; Qawafel is not obliged to extend them and reserves the right to determine eligibility, discontinue, or cancel any offer at any time.

Article Twenty-One - Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. Jurisdiction shall lie with the competent courts/committees within the Kingdom, as determined by the nature of the dispute.

Article Twenty-Two - Complaints Policy

A User may submit a complaint through the contact channels announced on the Platform and the complaint will be handled according to internal procedures, with the possibility of escalation in accordance with applicable laws. Where a user has a complaint against another user, Qawafel expects the following steps:

Step One: Submit a complaint through the designated link on the Platform, including the complaint text, supporting documents, and the username of the violating user. Qawafel will refer the complaint to the relevant user to resolve it.
Step Two: The complainant user shall take such action as it deems appropriate after reviewing the response of the complained‑against user. If the complainant is not satisfied with the response, the complainant may request a copy of the seller’s legal identity to take appropriate action.

Article Twenty-Three - Qawafel Service Fees

1) The User may cancel subscription to certain packages and services upon first activation and request a refund within 14 days of commencement, subject to the cancellation terms displayed on the Platform.
2) The User may temporarily suspend subscription in certain packages and services for up to 30 days without fees, provided that suspension does not exceed two times per year.
3) Upon cancellation of a paid package, the User may continue using the package until the subscription end date.
4) Upon cancellation, Qawafel may deduct any dues and processing fees, including transfer fees. 5) Upon withdrawing a wallet balance, applicable processing fees may be deducted, including transfer fees.
5) Upon withdrawing a wallet balance, applicable processing fees may be deducted, including transfer fees.
6) The User may withdraw funds from its wallet every 14 days.
7) If automatic renewal is enabled, the balance will be automatically deducted upon issuance of the new non‑refundable subscription invoice.
8) If the subscription ends and is not renewed, paid services will be automatically disabled.
9) The User may use the subscribed package/services until their expiry date.
10) Subscriptions paid through iOS payment methods are subject to Apple’s costs and terms, and Qawafel has no authority over such costs or terms.
11) Transfers of funds are subject to the authority and powers of the Saudi Central Bank; therefore, transfer of some funds may be delayed due to constraints imposed by the Central Bank, the Ministry of Commerce, or e‑commerce systems.
12) Qawafel reserves the right to impose fees on merchants/stores for their operations, including governmental, bank, administrative, or other fees that Qawafel is required to pay due to the merchant’s/store’s activity.

Article Twenty-Four - Amendments to the Use Agreement and Fees

1) Qawafel reserves the right to amend this Agreement at any time, which may increase obligations or reduce rights related to use of the Platform.
2) Users will be notified of amendments through available technical means (including email or public messages). Continued use after amendment constitutes acceptance.
3) Qawafel may make fundamental or subsidiary amendments without incurring legal liability. Acceptance is legally binding upon notification.
4) If the User objects to amendments, the User may be unable to access the account, as acceptance of the Agreement and amendments is required to benefit from services.
5) Fees are calculated in Saudi Riyals unless otherwise stated. The Merchant shall pay all fees due using approved payment methods.
6) Not all services are free; certain services are subject to fees, and Qawafel may impose fees on users.
7) Qawafel may add, increase, decrease, discount, or modify fees or expenses for any users.

Article Twenty-Five - General Provisions

1) Any amendment published on the Platform shall take effect on the date of publication unless otherwise specified.
2) These Terms constitute the entire agreement between Qawafel and the User regarding their subject matter.
3) These Terms are governed by and drafted in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.
4) If any provision is cancelled or becomes unenforceable, the remaining provisions shall remain in force.
5) If these Terms are translated into any other language, the Arabic text shall remain the original and controlling text.
6) Users will be notified of amendments; continued use constitutes acceptance.
7) These Terms may not be cancelled or amended except by a decision issued by Qawafel’s administration.