Terms and condition

Comprehensive and Detailed Legal Terms and Conditions of Use for Mxwasl.com

Preamble and Binding Legal Acknowledgment:

This document (Terms and Conditions) constitutes an electronically binding and enforceable legal contract between you (whether browsing as a guest, registered as a customer, merchant, or delivery agent) and "Mxwasl" Company, the owner and operator of the Platform and its affiliated applications. The mere act of accessing the Platform, downloading the application, or utilizing any of our Application Programming Interfaces (APIs) serves as an electronic signature and an explicit, definitive, and irrevocable acknowledgment that you have read, understood, and comprehended all the clauses contained herein. You agree to be fully bound by them without reservation. This document is subject to the Electronic Transactions Law and the Personal Data Protection Law in the Kingdom of Saudi Arabia. If you refuse to adhere to any letter or clause of this document, your sole and exclusive remedy is to immediately and definitively cease using the Platform and uninstall the application from your devices.

1. Extended Legal Definitions:

• "Platform/Website/Application": Encompasses the source code, databases, servers, user interfaces, the Mxwasl trademark, and all related software that provides the intermediary service.
• "User" (You): Any natural or legal person possessing legal capacity who accesses the Platform in any capacity.
• "Merchant/Restaurant": An independent commercial entity (establishment or company) holding the necessary government licenses, which uses the Platform to display and sell its products. The Merchant is neither an employee nor an agent of the Platform.
• "Buyer/Customer": The end-user who enters into a purchasing contract with the Merchant via the Platform's technical mediation.
• "Driver/Delivery Agent": An independent contractor or an employee of an external logistics company who transports goods. No employment contract exists between the driver and the Platform.
• "E-Wallet": A non-cash virtual ledger within the application, managed by the Platform to hold compensation balances, which is not subject to banking deposit laws.

2. Eligibility to Use and Contract:

To use the Platform, you must have reached the legal age of majority (18 years according to the Hijri calendar in the Kingdom of Saudi Arabia) and possess full mental capacity recognized by Sharia and law to enter into binding contracts. Merchants must possess valid commercial registrations and municipal licenses. The Platform entirely disclaims any legal liability or financial compensation if it is discovered that a minor user utilized credit cards belonging to their legal guardian without permission; full responsibility for such actions falls squarely on the minor's legal guardian.

3. Account Creation, Security, and Authorization:

Access to most services requires account registration. The User is obligated to provide true, accurate, and continually updated identification data (full name matching official ID, active contact number, email, precise national address). The User is the sole custodian of their login credentials (username, password, or OTP codes). You, as the User, bear full civil and criminal responsibility for any orders, purchases, or communications made through your account. You have no right to claim account hacking to evade payment of dues unless you have officially notified the administration prior to the incident. The Platform reserves the right to use biometric verification technologies or request official IDs whenever necessary to ensure network security.

4. Nature of the Platform's Role (Strict Technical Intermediary Principle):

It must be known and established to all parties that "Mxwasl" is strictly a "Technical Intermediary" (Pure Intermediary Platform). We provide only the digital infrastructure. The Platform is NOT a party to the sales contract concluded between the Customer and the Merchant, nor is it a party to the transportation contract concluded with the Driver. The Platform does not store, package, cook, or inspect any of the displayed products. Consequently, any obligations relating to a product's conformity to specifications, absence of manufacturing defects, or health safety for human consumption fall directly on the Merchant. However, the Platform is committed to continuous monitoring and verifying the quality and legality of the goods displayed through its channels, pledging to step in immediately to remove any non-compliant product and take necessary measures to ensure consumer protection and rights.

5. Formation of Sales Contracts and Orders:

Clicking the "Confirm Order" button by the Customer constitutes a legal "Offer" to purchase the specified products at the displayed price. The contract is not formed and is not deemed binding until the Merchant issues an "Acceptance" of the order via their system. The Merchant, and the Platform on their behalf, retains the absolute right to reject or cancel any order at any time prior to delivery for several reasons, including: stock depletion, suspicion of financial fraud, location outside the geographical scope, or technical pricing errors. In such instances, the Customer's right is strictly limited to a refund of what was paid, with no right to claim compensation for moral damages or delays.

6. Pricing Policy, Technical Errors, and Taxes:

Prices are entered and updated by Merchants via their respective dashboards and must be inclusive of the Value Added Tax (VAT) applicable in Saudi Arabia. In rare instances, software or human errors may occur resulting in an illogical price display (e.g., displaying a product for 1 SAR instead of 100 SAR). In this event, and pursuant to the principle of "Good Faith in Commercial Transactions," the Platform or the Merchant reserves the right to immediately cancel the order and notify the Customer of the error; the Merchant is not obligated to provide the product at the erroneous price. The Merchant bears full responsibility for remitting taxes to the Zakat, Tax and Customs Authority, and the Platform disclaims any liability for tax evasion by the Merchant.

7. Payment Mechanisms, Financial Fraud, and Refund Policy:

We offer multiple payment options (such as Credit Cards, Mada, Apple Pay, and Cash on Delivery). Electronic payments are processed by external payment gateways supervised by the Saudi Central Bank (SAMA).

Customer Refund Policy: In the event of an order cancellation or an approved financial compensation, the Platform processes the refund back to the Customer’s original payment method (Bank Card / Bank Account) as a standard default option to guarantee consumer rights. Additionally, the Platform offers the Customer—upon their explicit choice and preference—the option to deposit the refunded amount into their "E-Wallet" within the application for immediate use in future orders.

8. Strict Cancellation Policy by the Customer:

The Customer is granted a very narrow time window to cancel an order free of charge, specifically "before the Merchant accepts the order and begins preparation". Once the order status transitions to (In Preparation)—especially in the food and beverage and perishables sector—the Customer's right to cancel is legally and legitimately forfeited, and they become obligated to pay the total value of the order. If a Customer refuses to receive a "Cash on Delivery" order after it has been prepared, the incident will be recorded as "Evasion of Payment", leading to a permanent ban and a demand for compensation.

9. Shipping, Delivery, and Transfer of Risk:

The Platform does not employ drivers. Delivery is conducted through a network of independent drivers or those affiliated with the Merchants. Displayed delivery times are (strictly estimates) and are not legally binding. The responsibility and risk of loss or damage to the goods transfer to the Customer immediately upon delivery at the specified location. The Customer must be present at the location. If the driver arrives and waits for a period exceeding (10 minutes) while attempting to contact the Customer without response, the driver has the right to dispose of the order (if it is food) or return it, and the Customer has no right to claim any refunds.

10. Code of Conduct, Discipline, and Non-Abuse:

The Platform enforces a "Zero Tolerance" policy toward any abusive behavior. Customers are strictly prohibited from sending messages containing threats, extortion, profanity, indecent insinuations, or racism toward Merchants, Drivers, or support staff. Upon proof of any physical or verbal abuse against a driver, the Platform will immediately terminate the Customer's account and provide relevant security authorities (Police) with all Customer data and documented chats to take criminal action.

11. Prohibition of Illegal and Restricted Products:

It is strictly prohibited to exploit the Platform to trade any products that conflict with Islamic Sharia or the laws of the Kingdom, including but not limited to: alcoholic beverages, narcotics and psychotropic substances, weapons of any kind, prescription medications where the Merchant lacks a license to sell them, smuggled tobacco and electronic shisha equipment, and stolen or counterfeit goods. The Platform conducts periodic scans and reserves the right to remove any product without warning and refer the Merchant to the Public Prosecution.

12. Ratings, Reviews, and Copyrights:

We encourage Customers to leave reviews that transparently reflect their actual experience. By submitting a review, you grant "Mxwasl" an international, perpetual, irrevocable, and royalty-free license to use, copy, and publish this review in all marketing campaigns. Merchants are prohibited from writing fake reviews to artificially boost their ratings, and deliberate defamation of a Merchant with false information is prohibited. The Platform holds the absolute right to strike any review it deems misleading or contrary to public morals.

13. User-Submitted Content:

You warrant that you own all legal rights to any images, texts, or logos you upload to the Platform. You solely bear criminal responsibility and civil damages if your content is found to infringe upon patents, copyrights, or trademarks of third parties, and you pledge to hold the Platform harmless from any lawsuits arising thereof.

14. Intellectual Property, Reverse Engineering, and Data Protection:

All intellectual property rights of the Platform, including the Source Code, databases, algorithms, user interfaces, Logos, and the trade name (Mxwasl), are exclusive and registered property. Utilizing automated data extraction techniques (Scraping/Spiders/Bots), attempting to reverse engineer the applications, or cloning designs is categorically prohibited. Any such violation will be immediately met with a commercial compensation lawsuit for substantial amounts before commercial courts.

15. Disclaimer Regarding Third-Party Links:

The Platform may contain hyperlinks redirecting you to external websites (such as payment gateways or Google Maps). These links are provided solely for your convenience. The Platform exercises no control over these websites and assumes no responsibility for their content, accuracy, or privacy policies. Your use of these websites is entirely at your own exclusive risk.

16. Disclaimer of Warranties (As Is Basis):

To the fullest extent permitted by law, the Platform, its services, and applications are provided on an "As Is" and "As Available" basis. We expressly disclaim all warranties and representations, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the servers are free from viruses. We do not guarantee that the service will be continuous, uninterrupted, or free from software bugs and defects.

17. Strict Limitation of Financial Liability (Liability Cap):

You agree and acknowledge that under all circumstances and conditions, and under any legal theory (whether negligence, breach of contract, or tort liability), the maximum, aggregate financial liability of "Mxwasl" company, its directors, and employees towards you shall not exceed the barrier of (the actual total value of the disputed order). The Platform is exempt from any consequential, indirect, or incidental damages that fall outside the direct scope of the value of the concluded commercial transaction.

18. Financial Indemnification and Legal Defense:

As a fundamental condition of your use of the Platform, you hereby agree to indemnify, defend, and hold harmless "Mxwasl," and its representatives including directors, shareholders, and employees, from and against any and all claims, lawsuits, losses, damages, governmental fines, and costs (including attorney fees and legal consultations) arising directly or indirectly from: (a) your misuse of the Platform, (b) your violation of any clause of these Terms, or (c) your infringement of the rights or property of a third party.

19. Force Majeure (Exceptional and Emergency Circumstances):

No party (Platform, Merchant, Driver) shall be deemed in breach of its obligations nor shall bear any liability for delay or failure in executing orders if such is caused by "Force Majeure" circumstances beyond reasonable control. This completely includes: natural disasters, wars, earthquakes, health pandemics, widespread power or internet outages, cyber-attacks, or sudden sovereign governmental decisions.

20. Right to Terminate Use and Immediate Suspension:

Mxwasl retains the exclusive, absolute, and discretionary authority to terminate, restrict, or suspend your access to your account and to the use of the entire Platform at any moment, immediately, and without prior notice, for any reason the Platform deems threatening to its interests or the security of its users. In the event your account is terminated, all clauses relating to intellectual property, disclaimers, and indemnifications shall survive and remain in full force and effect.

21. Compliance with Privacy and Personal Data Protection:

At Mxwasl, we strictly comply with the Saudi Personal Data Protection Law (PDPL). By creating an account, you authorize us to collect, process, store your basic data, use it to improve the service and display targeted advertisements, and share it exclusively with the Merchant and Driver to fulfill the order. For more in-depth details regarding your technical rights, please refer to the independent document titled [Privacy Policy].

22. Unilateral Right to Amend Terms:

The Administration possesses the unilateral, one-sided right to update, amend, or replace any part of these Terms and Conditions in accordance with business requirements and legal developments. Updates will be posted on this page and the "Effective Date" will be updated. Your continued use of the applications following any amendment constitutes legal consent and an electronic signature affirming your commitment to the updated version.

23. Severability Principle:

These clauses are drafted to function as an integrated shield. However, if any competent court or judicial body rules that any specific paragraph or clause of this document is invalid, illegal, or unenforceable, such invalidity shall be confined solely to that specific clause and shall not affect the remainder of the document. All other 24 clauses shall remain valid, operative, and binding upon both parties.

24. Governing Law, Jurisdiction, and Dispute Resolution:

These Terms and Conditions are governed by, construed, and enforced exclusively in accordance with the laws, regulations, and legislations applicable in the Kingdom of Saudi Arabia. In the event of any dispute, controversy, or claim arising from the use of the Platform or relating to the interpretation of this document, the parties pledge to attempt to resolve it amicably first. If an amicable resolution is impossible, the dispute shall be referred to the exclusive and definitive jurisdiction of the competent Saudi courts territorially located in (Al-Ahsa / Eastern Province), and the User waives any right to litigate against the Platform in any other jurisdiction.

25. Communication Channels and Legal Notices:

For any legal correspondence, official notices, complaints, or requests concerning copyrights and privacy inquiries, the Platform will not recognize any communication made via open social media platforms. They must be sent exclusively and directly via the Platform's official and registered channels, which are:

• Email for Administration and Legal Affairs: [email protected]
• Or by messaging via the "Contact Us / Technical Support" form integrated into the official application interface.