Introduction:
Any use or pressure to consent in the JUSAH application by the seller or customers for the services provided by the JUSAH application constitutes full consent to the terms and conditions of this contract, and accordingly they must not use the application or pressure to consent if any of them does not agree to any of the terms and conditions contained in this contract.
Definitions:
Seller: Any party, whether an individual, company or institution, who offers a product or service to a potential customer in order to persuade him to purchase and pay for the product or service.
Customer: The person who uses the JUSAH application to carry out a process or processes of purchasing a commodity, service, product or idea from the seller.
Delivery representative: Any person, whether an individual, company or institution, who delivers from stores to customers inside or outside cities, governorates, villages or urban and non-urban centers based on the customer's request.
JUSAH application: The electronic platform owned by the first party and dedicated to selling the products and services of the seller (store owner).
The introduction and definitions above are an integral part of this contract and its terms and conditions.
Arabic is the language adopted in these terms between the owner of the JUSAH application (Mass Technology Company) and the seller: -
First: Contractual Relationship
1. These controls and conditions represent an official agreement "contract" between the owner of the JUSAH trademark and the seller (store owner) via the JUSAH application. These conditions govern the seller's use of the JUSAH application, which is an electronic mobile phone platform that brings together the seller and the application's customers, so that the JUSAH application allows customers using the application to purchase products or services via the JUSAH application from the seller (store owner) according to the seller's (store owner's) inputs of products, services or prices. The application's services are represented and not limited to the following:
2. JUSAH application reserves the right to amend or change these terms and conditions and their consequences without prior notice. It is the responsibility of the seller or customer using the application to review the controls and terms of use periodically to know the updates to these terms and conditions through the electronic link (www.jusah.com ). We also hope to review the privacy policy of JUSAH application to learn more about how JUSAH uses the information made available to the application through the seller, customers or the application.
3. JUSAH application collects personal data and information of the seller and customers for use in relation to providing and developing services in accordance with what is stipulated in the privacy policy of JUSAH application, which can be viewed through the link www.jusah.com ), and JUSAH application may provide the necessary information (including contact information of the seller or delivery representative or any other information) to claims settlement companies or insurance companies or relevant government agencies in the event of a complaint, dispute or disagreement that may occur between the seller, customer or delivery representative where this information or data is necessary to settle the complaint, dispute or disagreement, and the use of the service by the seller, customer or delivery representative constitutes an acknowledgment of JUSAH’s right to use the information in accordance with the above.
Second: Scope of the License
1. The JUSAH application grants the second party a non-exclusive, non-transferable, non-assignable, and non-sublicensable license to display the products or provide the services available by the seller (store owner) through the JUSAH application to customers, provided that the use of this license is for the purposes of serving the application's customers only (and not for any commercial purposes, for example, but not limited to) in accordance with this contract. Therefore, you, the seller and the delivery representative, must do the following:
Third: Binding Undertakings, Declarations and Warranties of Store owner
I hereby undertake and acknowledge throughout the term of this contract the following:
1. Comply with and abide by all applicable laws, regulations and rules in the Kingdom of Saudi Arabia.
2. That the use of JUSAH services has never been suspended or prohibited at any time.
3. I have full capacity and ability to contract and will not be in violation of any law or contract.
4. I undertake to provide all correct and accurate information to the JUSAH application and to update it periodically.
5. Comply with and abide by any terms, conditions or notices sent through the JUSAH application regarding registration or benefiting from the services available through the JUSAH application.
6. Comply with and abide by the standards applied in the Kingdom of Saudi Arabia to maintain the safety and quality of the products or services provided.
7. That the products or services are in accordance with the activities authorized by the competent authorities in the Kingdom of Saudi Arabia.
8. Not to contract to create sublicenses, issue, publish, transfer, distribute, perform, display, sell, or reclassify the services of the JUSAH application, and that violating this is commercial exploitation.
9. Not to use the information, content or any data that I access or obtain through the JUSAH services for any purpose other than the scope of the JUSAH application.
10. Not to use the JUSAH application and its services exclusively for private purposes and will not sell them to any third party (including but not limited to providing any service to anyone else).
11. Not to use the JUSAH application for any illegal purposes, and will not use the JUSAH application to send, store, transfer or request any products or materials that violate the laws, regulations and regulations in force in the Kingdom of Saudi Arabia or in ignorance or with the aim of fraud.
12. Not to use the JUSAH application to cause harm, harassment or inconvenience to anyone.
13. Not to obstruct the proper operation of the JUSAH application.
14. Not to attempt to harm the service or the application in any way.
15. I will not copy or distribute the JUSAH application or other contents without obtaining written permission from JUSAH, and any oral permission will not be considered.
16. I will keep the account password or any means of identification provided and ensuring access to the account, secure and confidential.
17. I will provide all documents proving identity or activities.
18. JUSAH application has the right to refuse to use the application and provide services through it without the need to give reasons.
19. Take all regulatory measures related to safety and security, and commit to providing insurance coverage for all products or services provided through the JUSAH application.
20. Establishing a direct legal relationship with customers using the JUSAH application, and I acknowledge that Mas Technology Company, the owner of the JUSAH trademark, does not bear responsibility for any act, omission or behavior of customers using the application towards the seller or the delivery representative, and I also acknowledge that I bear the responsibility for taking appropriate measures related to third parties who deal through the JUSAH application, and if the assignment of this mutual responsibility between the seller, the customer and the delivery representative is not enforceable under applicable law, I undertake to compensate, defend and hold JUSAH harmless from any claims that may arise against JUSAH related to your provision of products or services under applicable laws and regulations.
21. I bear the obligations and responsibilities that arise as a result of selling products or services through the "JUSAH" application, and I am responsible to customers using the JUSAH application for any damages that arise to them as a result of any shortcomings, errors or negligence that occurs.
22. The JUSAH application owns and has full rights (including all intellectual property rights) in the seller's application, the customer's application, the delivery representative's application and all data and information available in the JUSAH application.
23. That JUSAH hereby grants a limited, non-exclusive, revocable, free right that is not transferable or assignable during the term of this Agreement and JUSAH reserves all rights not expressly granted.
24. The JUSAH App may be unavailable from time to time (for example, without limitation, due to periodic maintenance or system updates, or outages) and JUSAH App cannot guarantee a certain level of availability of the Service.
25. That we will support the JUSAH App in all dealings, deal effectively with third parties, and refrain from speaking negatively about the JUSAH App’s business and business concept in public.
26. I agree and permit JUSAH App for each of the seller, customer and delivery representative to rate the products or services and give a rating for the service. JUSAH App reserves the right to publish such comments and ratings on the App or the Website (or any other platforms owned, operated or controlled by JUSAH App).
27. I guarantee to provide accurate and objective comments and feedback that do not violate any laws, regulations or privacy.
28. The JUSAH App is a distributor and not a publisher of such comments and ratings (without any obligation on its part to verify them) and the JUSAH App reserves the right to reject, edit or remove any bad reviews if such reviews include obscene comments, mention a person’s name or violate any laws, regulations or privacy. The JUSAH App, outside of legal or legislative requirements, bears no responsibility and hereby disclaims any liability for the content and consequences of (publishing or distributing) any comments, ratings or reviews whatsoever.
29. In the event of a complaint, dispute or disagreement between the seller, customer or delivery representative, JUSAH may, without being required to the extent permitted by applicable laws and regulations, provide the relevant authorities with relevant data (including personal data) private.
30. I abide by all permits and licenses from government permits necessary to perform and carry out the work included in the JUSAH App.
31. I will not reproduce or allow anyone, for any reason, to use or reproduce the products or services or any trademarks or other trade names appearing in the JUSAH App.
32. I will comply with all local laws and regulations, including laws relating to the sale of
33. That I have the appropriate license to provide the products or services from the relevant parties in accordance with the documents submitted to the application of JUSAH.
34. The application of JUSAH may at any time notify any proposed amendment or change to the terms of this contract or the agreed fee, and in the event of objection to the changes or amendments contained in the change, the application of JUSAH may terminate the contract concluded with you for a legitimate reason with immediate effect and without the need for compensation in any form or form.
Fourth: Intellectual Property Rights
All intellectual property rights of the JUSAH application and all materials related to it or appearing on it (including any content provided or included by the seller, customer or delivery representative on the JUSAH application) are the private property of the JUSAH application, and the JUSAH application has the right to dispose of this property as it wishes.
Fifth: Prices
Prices: The prices shown by the seller in the application for all products or services provided depend on the seller’s inputs and his own prices, including zakat, value-added tax, and any other fees specific to the JUSAH application or others.
Sixth: Fees
1. Delivery fees through the seller's employees: 10 riyals for a distance of 10 minutes or less, and if the delivery time exceeds 10 minutes, one riyal is calculated for each additional minute, and this is done automatically without any human intervention through the Google Maps system.
1. 5% service fees from the value of the products paid to the JUSAH application and include all fees related to electronic payment.
2. 10% of the delivery value and include all fees related to electronic payment.
Seventh: Payment
1. I acknowledge and agree that providing and displaying products or services available through the JUSAH application to customers results in imposing fees on the seller (store owner) in exchange for using the JUSAH application and providing the service to customers using the JUSAH application, and the fees also include applicable taxes as stipulated by law in the Kingdom of Saudi Arabia. All fees paid are final and non-refundable.
2. All fees are due immediately and the method of payment is daily (bank transfer or through any approved electronic payment method), and the owner of the JUSAH application reserves the right to create, cancel or review fees for any of the products or services provided by the seller (store owner) through the JUSAH application, and I acknowledge and accept increasing the applicable fees at any time.
3. I acknowledge and agree that the owner of the JUSAH application always has the right to review the invoices submitted through the system, verify the complaints submitted against the service provided by the seller (store owner), and take the necessary action regarding them without any objection from the seller (store owner), as the service provided can be considered free due to the seriousness of the complaint and the customer's right to receive compensation, with the owner of the JUSAH application having the right to take the necessary measures against the seller (store owner) and obtain compensation and impose and implement fines in the event that the service or the image of the owner of the JUSAH application is harmed in front of customers, as the owner of the JUSAH application is keen to provide distinguished customer service at all times and regardless of the circumstances.
4. I acknowledge and agree that the owner of the JUSAH application always has the right to provide offers and discounts to customers from time to time, and according to its marketing plan, and I agree to abide by the pricing provided in the promotional offer. 5. I acknowledge and agree to always be honest regarding the value and truth of the transactions, and I agree that if any fraud, manipulation or deception is discovered, I will be subject to stopping and blocking the services from the JUSAH application, in addition to the right of the owner of the JUSAH application to claim compensation for all damages that resulted or will result from this fraud and manipulation.
6. The seller (store owner) is authorized and responsible for collecting the value of the services provided through electronic or non-electronic payments, and if the JUSAH application is authorized to collect the value of the products or services, JUSAH will pay those amounts within three business days of collection.
7. If the customer (users) or beneficiaries of the service refuse to pay the service amount, the seller (store owner) will not be compensated by JUSAH.
Eighth: Disclaimer
1. Mas Technology Company, the owner of the trademark of the JUSAH application, shall not be liable for any damages, losses or liabilities, including but not limited to direct, indirect, special, incidental or consequential damages, losses or liabilities in connection with the failure of the customer (customers) to pay the costs to the service provider and what arises therefrom, and the second party shall not be entitled to claim any compensation in this regard, and Mas Technology Company, the owner of the trademark of the JUSAH application, shall not be liable to compensate the service provider for any losses or damages resulting therefrom.
2. Mas Technology Company, the owner of the trademark of the JUSAH application, shall not be liable for any damages, losses or expenses arising from the use of the “JUSAH” application or the inability to use the information, materials, products and services available on the JUSAH application, or in connection with failure of performance, error, omission, interruption, malfunction or delay in operation or transmission or due to computer viruses or failure of lines or systems even if Mas Technology Company, the owner of the trademark of the JUSAH, has been informed by all of the possibility of such damages, losses or expenses.
3. Mas Technology Company, the owner of the trademark of the JUSAH application, shall not be liable for any damages, losses or obligations, including but not limited to direct, indirect, special, incidental or consequential damages, losses or obligations in relation to the products or services provided by the seller to the customer and any errors, omissions or otherwise that may result from them, and the seller shall be solely responsible to the customer for any damages or losses that may be incurred as a result of implementing the service, and the seller acknowledges that the "JUSAH" application is only an electronic intermediary, and that the seller bears full responsibility.
4. The seller agrees to indemnify, defend and hold harmless Mas Technology Company, the owner of the trademark of the JUSAH application, from any (possible) claims or (possible) damages incurred by third parties, including the customer or the delivery representative.
5. The Seller agrees, undertakes and guarantees to indemnify, defend and hold harmless Mas Technology Company, the owner of the trademark for the JUSAH application, from all claims, demands, expenses (including legal fees), damages, penalties, fines, social contributions or taxes from third parties (including customers, regulators or government authorities) that are directly related to this agreement, except for any violation for which Mas Technology Company, the owner of the trademark for the JUSAH application, is blamed.
6. The Seller expressly agrees that this agreement cannot be considered an employment or that Mas Technology Company, the owner of the trademark for the JUSAH application, is an agent, but rather Mas Technology Company, the owner of the trademark for the JUSAH application, provides mediation in return for a commission.
7. Mas Technology Company, the owner of the trademark of the JUSAH application, shall not bear any legal responsibility for any type of damage or loss (including but not limited to direct, indirect, consequential, punitive or special losses), claims, demands or expenses (including legal fees), damages, penalties or fines (including third parties) that are directly or indirectly related to the seller agreement.
8. All defenses, including limitations and exclusions of liability, in favor of Mas Technology Company, the owner of the trademark for the JUSAH application, regardless of the cause on which the legal liability is based (whether default, tort or otherwise), and regardless of the type of breach of obligation (warranties, contractual obligations or otherwise), apply to all events and all agreements together, to the extent that there is no intentional misconduct or gross negligence on the part of Mas Technology Company, the owner of the trademark JUSAH or its management, as well as to the benefit of its employees, and upon the request of Mas Technology Company, the owner of the trademark JUSAH, to the benefit of the licensors of Mas Technology Company, the owner of the trademark JUSAH, its suppliers and subcontractors.
Ninth: Dealings with Third Parties
1. While using the website, application or service, links may be provided from time to time to websites owned and controlled by third parties in order to correspond with third parties or purchase products or services from them or participate in promotions offered by them. These links take you outside the website, application and service, and are outside the control of JUSAH. JUSAH does not bear any responsibility as a result of your use of these links.
2. While using the website, application and service, you may correspond with or purchase goods or services or participate in promotions offered by service providers, advertisers or sponsors who display their goods or services through a link on the website or through the application or service. These links take you outside the website, application and service, and are outside the control of JUSAH. The websites that you can link to have separate terms and conditions as well as an independent privacy policy. JUSAH is not responsible for the content and activities of these websites and cannot be held accountable for them. Therefore, you bear all risks resulting from visiting or entering these websites.
3. Please note that these other sites may send their own cookies to users, collect their data, or request personal information, and therefore, we recommend that you check the terms of use or privacy policies on those sites before using them.
Tenth: Contract Duration and Termination
1. JUSAH has the right to terminate the contract with immediate effect at any time (by stopping the seller (store owner) from using the JUSAH application and the service), in the event that you do any of the following:
(a) Violation or breach of any of the user conditions.
(b) If JUSAH believes that you are misusing the application or service.
(c) JUSAH is not obligated to send a notice or warning before terminating the contract.
2. JUSAH has the right at any time and for any reason to stop offering your services to customers using the application, and it has the right to terminate this contract at any time and without the need to justify the reason for this termination, and the service provider hereby accepts and acknowledges that he understands this right and that he is not entitled to claim any compensation if this procedure is carried out.
Eleventh: Invalidity of one or more provisions
The invalidity of any provision of these User Terms shall not affect the validity of the remaining provisions contained therein.
Twelfth: Modifying, suspending or cancelling the service and the terms of the service provider
Jessa application reserves the right, at its sole discretion, to modify or replace any provision of these terms and conditions, or change, suspend, suspend or cancel the service or application permanently (including, but not limited to, providing any feature, database or content) at any time, by posting a notice on the site or sending you a notice through the service or application or via email without a specific notice period. Jessa may also impose restrictions on certain features and services or limit your access to parts of the service or the entire service without notice or liability.
Thirteenth: Notification
JUSAH application may send a notice by sending a general notice about the service or application on the website or through the application, or by sending an email to your postal address registered in the account information with JUSAH, or by sending a letter by regular mail to your address registered in the account information with JUSAH.
Fourteenth: Applicable Law and Dispute Resolution
These terms and conditions are subject to and apply to the settlement of any dispute, claim or disagreement arising from or related to these user terms or any violation thereof, termination, implementation, interpretation or validity thereof or use of the website, service or application, in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia in which the service is provided and shall be interpreted in accordance with them.
This contract has been drawn up in two original copies, one copy for each party
Accordingly, it has been agreed upon, and God is the Grantor of success.
