1. Introduction
Wain Electronic Application welcomes you and informs you that you will find below the terms and conditions governing your use of this application and all the legal implications that result from your use of the application’s services via the Internet through this electronic platform, as the use of the application by any person, whether a consumer of the application’s service or product or otherwise, this is an approval and acceptance of him and he is fully competent considered legally, lawfully and legally for all articles and provisions of this agreement and is a confirmation of your commitment to its regulations and what is mentioned in it, and this agreement applies to all types of dealing between the consumer and the company that owns this application. This agreement is considered valid and enforceable once you approve it and start registering with the application in accordance with Article 10 of the Saudi Electronic Transactions Law.
Article I – Introduction and Definitions:
The above preamble is an integral part of this Agreement, and the meanings and definitions of key terms used in this Agreement are set out below:
- (Application) This definition includes all forms of application on the Internet, whether it is an electronic application, a website on the Internet, or a commercial store.
- (Consumer) A person who deals in e-commerce in order to obtain the products or services provided by the application through its electronic platform.
- (Agreement) means the terms and conditions of this Agreement, which govern and organize the relationship between the parties to this Agreement.
Article II – Consumer Legal Capacity:
1. The consumer acknowledges that he/she is legally competent to deal with the application, or is at least eighteen years old.
2. The consumer agrees that if he/she violates this Article, he/she shall bear the consequences of this violation before third parties.
3. The application is obligated to take all necessary measures to protect the user’s personal data.
4. Consumer data will only be used to provide and improve services, and will not be shared with third parties except with the express consent of the consumer or upon legal request.
Article III – Nature of the obligation:
- The application’s obligation to consumers or consumers is to provide (service or product).
- The application may provide other services such as after-sales services or other related services, depending on the nature and type of (service or product) required by the consumer.
Article IV – Controls on the use of:
1. The consumer is obligated to use the application’s electronic platform in accordance with the public morals and regulations in force in the Kingdom of Saudi Arabia.
2. When purchasing a service or product from this application, the consumer is obligated not to use this service or product in violation of public morals and regulations in force in the Kingdom of Saudi Arabia.
3. Commitment to use the application in a legal and ethical manner.
4. Provide accurate and up-to-date information during registration and use of services.
5. Refrain from using the application for illegal purposes or violating the rights of others.
Article V – Accounts and Registration Obligations:
When you apply to become a member of this Application as a user, you are obligated to disclose certain information and select a confidential username and password to be used when accessing the Application’s services. By doing so, you agree to:
1. You are responsible for maintaining the confidentiality of your account information and password, and agree to notify this App immediately of any unauthorized use of your App account information or any other breach of your confidential information.
2. In no event shall the App be liable for any loss you may suffer directly or indirectly, morally or materially, as a result of the disclosure of your user name or password information.
3. You are obligated to use your account or membership with the application yourself, as you are fully responsible for it, and if someone else uses it, this is a presumption that you have authorized them to use the application in your name and for your account.
4. You are obligated to use the application with all seriousness and credibility.
5. You undertake to disclose true, correct, up-to-date, complete and lawful information about yourself as required during registration with the Application and you undertake to update your information as it changes in fact or in case of need.
6. Our store is committed to treating your personal information and contact addresses with strict confidentiality.
7. If the App finds that you have disclosed information that is untrue, incorrect, not current, incomplete, illegal or contrary to the provisions of the Use Agreement, the App has the right to suspend, freeze or cancel your membership, store and account on the platform, without prejudice to the App’s other rights and legitimate means of recovering its rights and protecting other consumers.
8. In case of non-compliance with any of the above, the application management has the right to suspend or cancel your store or membership or block you from accessing the application services again.9. The application reserves the right to amend this agreement at any time, and users will be informed of the changes via registered email or in-app notification.
10. Continued use of the application after the publication of the amendments is considered implicit consent to them.
Article Six – Electronic communications and official means of communication:
1. The parties to this agreement agree that communication will be via the email address registered on the platform.
2. The consumer agrees that all agreements, announcements, statements and other communications provided electronically are in lieu of their written counterparts, and are self-contained arguments, in satisfying legal and statutory requirements.
3. The consumer agrees that he/she can be contacted and notified of any provisions related to this agreement or dealing with him/her through the application management broadcasting general messages to all consumers or to specific users of the application.
4. Provide services and products that are reliable and conform to the description.
5. Ensure the security of electronic transactions within the App.
6. Provide technical support and assistance to users through official channels.
Article VII – Amendments to the Use and Fee Agreement:
1. In the event that any article contained or clause contained in this Agreement is repealed or any article contained or clause contained in this Agreement is no longer in force, such order shall not invalidate the remaining articles, clauses, rules and provisions contained in this Agreement and shall remain in force until further notice from the Enforcement Department
2. This Agreement, as amended from time to time as the case may be, constitutes the working mechanism, understanding and agreement between (Consumer) and (App).
3. The App may charge fees to some consumers depending on the offers, products or services they request or the fees or taxes imposed by the country on the nature of the product or service.
4. The App reserves the right to add, increase, decrease or deduct any fees or charges under the terms and conditions of the Terms and Conditions of Use Agreement, to any of the Consumers, regardless of the reason for their registration.
5. The consumer has the right to cancel the order or return the product within a specified period as per the stated return policy.
6. The app is responsible for refunding the amount paid if the product is defective or does not match the description.
7. Products that have been used or damaged by the consumer cannot be returned.
Article VIII – Payment and checkout services for merchants in the app
This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia, and any dispute arising between the parties hereto shall be adjudicated by the competent judicial authorities:
1. The Application, through its partners, provides the payment system and payment in the Application can be made entirely online through the payment options available on the Application or through any payment method provided by the Application from time to time.
2. The App is obligated to determine the price of the service or product it offers in its store according to the recognized market value.
3. The App is obligated to provide invoices, receipts and receipt bonds for all amounts and profits that arise in its store, and is obligated to give the consumer an invoice for his/her purchase of a service or product
4. The application is obligated to provide the recognized accounting specifications in its online store, in accordance with the provisions of this agreement, and because of the legal, economic, commercial and organizational interests of this regulation.
Article IX – Intellectual Property:
2. The consumer or consumer respects the intellectual property rights of the App, including the name of the App itself, and the words, logos and other symbols of the App or displayed on the App, as every right belonging to the name of the App is fully owned by the App
3. All notices relating to this Agreement shall be via email or within the App.
4. The parties are committed to handling disputes in a spirit of cooperation and mutual respect.
5. If any provision of this Agreement is superseded, the remaining provisions shall remain in effect.
Article X. Responsibility for enforcement:
1. The Application is committed to conduct its business through this electronic platform legally and in accordance with the regulations in force in the Kingdom of Saudi Arabia and in accordance with the provisions of this Agreement.
2. The application does not bear any claims arising from errors or negligence, whether caused directly, indirectly, accidentally, by the consumer or by a third party such as shipping companies.
3. (App Name), its affiliates, owners, and their representatives are committed to ensuring that the (product or service) is sound, legitimate, authorized by the laws and regulations of the Kingdom of Saudi Arabia, and used for legitimate purposes.
Article XI – Restriction of access or membership:
The App may suspend or cancel the Consumer’s membership or restrict the Consumer’s access to the Platform Services at any time, without notice, for any reason, and without limitation.
Article XII – Applicable Law or Regulation:
This User Agreement is governed and formulated in accordance with the applicable laws, regulations and legislation in force in the Kingdom of Saudi Arabia, and is fully and completely subject to the regulations of the authorities in the Kingdom of Saudi Arabia.
Article XIII – General Provisions:
In the event that any article contained or clause contained in this Use Agreement is canceled or any article contained or any clause contained in the Use Agreement is no longer in force, such order shall not invalidate the validity of the remaining articles, clauses and provisions contained in the Use Agreement and shall remain in force until further notice from the management of the Application
This Usage Agreement, which may be amended from time to time as the case may be, constitutes the usage agreement, working mechanism, understanding, agreement and contract between the App and the consumer, and both parties to this agreement agree to take into account the following:
1. The Arabic language shall be the applicable language when interpreting the provisions of this Agreement, or when translated into another language.
2. All prices displayed on the application’s services or products may be modified from time to time.
3. Promotional or marketing offers that may be set by the Application are temporary, as the Application has the right to modify or discontinue such promotional or marketing offers at any time.
4. The parties to this agreement are committed to dealing with each other in a manner that does not violate the Sharia rules, regulations and applicable laws related to the nature of the transaction between the application and the consumer.
5. This usage agreement shall not be canceled except by a decision issued by the application’s management