User Terms and Conditions for Mkzoon Application
These terms and conditions represent a formal agreement ("Contract") between the Mkzoon Application and its customers who use the Mkzoon Application. The Mkzoon Application is an electronic platform that allows representatives to provide purchasing services on behalf of customers and deliver to their stores or to locations predetermined by the customers. Mkzoon provides customers with the opportunity to choose suitable representatives for delivery.
All provisions of this contract apply equally to the representative, the wholesaler, and the customer without any bias or exclusion of any condition or category of Mkzoon customers. The Mkzoon Application has been created to be a comprehensive electronic platform for wholesalers, where Mkzoon provides a commercial website for delivering store orders through the application. Mkzoon does not sell or intervene in any form in the production, manufacturing, or preparation of any food or products produced in the stores. The service offered by this online marketplace is limited to enabling users to search for and find local wholesale stores on the platform that provide and deliver products in bulk to their designated addresses.
These stores are solely responsible for complying with the applicable laws, regulations, and standards in the country, especially those related to preparing, selling, marketing, and ensuring the safety of food or products. It is crucial for users to understand that Mkzoon does not independently confirm the compliance of the stores, products, or any ingredients with the applicable laws and regulations; this responsibility falls solely on the store. Buyers should review the information provided by the stores on the platform or that they request directly from the stores regarding the quality of food or products and the reliability of the store, as well as its compliance with applicable laws and regulations. Mkzoon does not guarantee, in any way, the quality of any food or product or confirm that the products comply with the applicable laws and regulations, nor does it ensure that the menu or products displayed on the platform match what is actually provided to the users.
Furthermore, stores may claim that food is prepared according to specific standards such as "organic," "macrobiotic," or specific allergen-free standards like "nut-free," "gluten-free," or "lactose-free." However, Mkzoon does not independently verify or confirm these claims. Mkzoon will not be obligated or responsible for any food or products or services provided by stores that are unhealthy, cause injury, or are otherwise unacceptable to buyers, or that do not meet buyers' expectations in any way.
Buyers alone are responsible for verifying the accuracy of delivery addresses, and Mkzoon will have no obligation or liability for any incorrect addresses. All food or product preparation is the responsibility of the store that accepts the order. The store will take all possible measures to fulfill the specified delivery time; however, delivery times may be affected by factors beyond its control, so they cannot be guaranteed. We will inform you if we become aware of any unexpected delays.
Any use of the services provided by the Mkzoon Application constitutes your acceptance of this contract and its terms. Therefore, you should not use the application if you do not agree with the terms and conditions stated in this contract.
Mkzoon reserves the right to modify or change these terms and conditions without prior notice, and it is your responsibility as a user of the application to review the terms and conditions periodically for updates. You can do this through the link (terms.php). We also encourage you to review our privacy policy to learn more about how Mkzoon uses the information you provide to us.
Mkzoon Services
By using Mkzoon services, the member agrees and acknowledges the following: the information provided in the registration form is accurate, provided that this information is required, and the member is solely responsible for any losses that may arise from any incorrect or insufficient information (e.g., forgetting a password). In such cases, the member's account will be terminated. The member is solely responsible for all ideas, opinions, and personal information provided while using Mkzoon services, as well as for all files uploaded to Mkzoon and the personal information sent. Mkzoon will not be held liable in any way for those files or for access to any services provided through Mkzoon that are unauthorized or any other way not specified by Mkzoon, and for not altering software in any way, and will indemnify Mkzoon for all material and moral losses in case of non-compliance by the member with the above provisions. Mkzoon will not be liable for any damages that may arise from data belonging to any members being read by unauthorized individuals.
Members are prohibited from sending any threatening, immoral, racist messages, or any messages that contradict local laws and international agreements. Any correspondence or usernames should not violate regulations, public morals, good conduct, or laws. Members are committed not to harass and/or threaten other users or any of Mkzoon's customer service staff, not to act in a way that affects other users' ability to use the services, and not to send, print, distribute, or disseminate any immoral, inappropriate, illegal materials or information that may harm the names of any individuals or institutions, or advertising, selling or offering to sell any products or services, or participating in any harmful acts such as scanning, competition, or chain messages, and not to send any information or programs that may damage information or software on other users' devices. All records or materials obtained through the use of Mkzoon Services are subject to the user's consent, and the user will be fully responsible for any damages, loss of information, or any other losses arising from this for the user's computer; and the user has no right to claim compensation for any losses arising from the use of the service, as well as a commitment not to use Mkzoon Services for any commercial or advertising purposes without obtaining Mkzoon's approval. Mkzoon may monitor all systems at any time or continuously may use its system for commercial purposes.
Members should not send any emails that are legally prohibited or distribute any unauthorized mail such as chain letters, malware, etc., and not register and misuse any personal information belonging to others. The member is solely responsible for all kinds of actions taken under the username "user."
Mkzoon may change services that do not require membership to a form that requires membership. Mkzoon may also provide additional services and change some services partially or completely or convert it into a paid service. This site may be unavailable at times to allow for maintenance and updates. While we will strive to inform customers in advance if any mentioned service becomes unavailable, this cannot be guaranteed and we reserve the right to modify or withdraw the service at any time.
Eligibility for Services
You acknowledge and ensure the following:
- You have not previously been disabled from using Mkzoon Services or prohibited from using them at any time.
- You are not a competitor of Mkzoon, nor do you offer any competing product to the services provided by Mkzoon.
- You have full power and authority to contract and you will not be violating any law or contract, and there are no legal precedents, warrants for arrest, or claims with security authorities against you.
Representations and Warranties
You acknowledge and guarantee that you will:
- Comply with all applicable laws and regulations in the Kingdom of Saudi Arabia.
- Provide accurate and updated information to "Mkzoon" and periodically update it.
- Review and comply with any notices sent through "Mkzoon" regarding your use of the services provided by the Mkzoon application.
- Use the service or application only for lawful purposes and will not use the services to purchase or receive illegal materials or for fraudulent purposes.
- Not use the service or application to cause harm, harassment, or annoyance to anyone.
- Agree to share information among companies within the application regarding executed transactions and evaluate dealings with you.
- Not interfere with the proper operation of the Mkzoon application.
- Not attempt to damage the service or application in any way.
- Not copy or distribute the application or its other contents without written permission from "Mkzoon."
- Keep your account password or any identification method provided to you to access your account securely and confidentially.
- Provide us with all evidence proving your identity as per Mkzoon's discretion.
- Mkzoon reserves the right to refuse to provide services or use the application without giving reasons.
Scope of License
Mkzoon grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, and non-revocable license to access and use our services solely for personal purposes (not for any commercial purposes, including but not limited to) in accordance with this contract. Therefore, you must:
- Not make the services available for rent, lease, assign, redistribute, or sublicense these services to any third party.
- Not modify, adapt, translate, summarize, create derivative works based on, reverse engineer the design of the Mkzoon application, or otherwise determine or attempt to determine or access the source code or internal design of the services or any text, multimedia images (pictures, audio, video files), data, or other information provided by Mkzoon or third-party service providers.
- Not delete, change, or otherwise alter any copyright or other official notices contained in the services.
- Not intentionally transfer or distribute the services or allow the services to be uploaded for use other than what is specified herein.
- Not permit sharing of the username/password or other access credentials for Mkzoon services.
- As part of the shipping policy for Mkzoon services, users and representatives are prohibited from purchasing, receiving, sending, accepting, or delivering the following categories of materials and products and related items, and you must allow the representative to open any shipment and ensure its safety and compliance with the terms.
Prohibited Categories Table
| Categories | Examples of products and items |
|---|---|
| Alcohol | Spirits, wine, champagne, beer. |
| Prohibited Animals and Species | Animal parts, blood or other prohibited fluids, harmful herbs, prohibited seeds, any organic materials at risk of extinction or prohibited from trading by law. |
| Pornographic Materials | Pornographic materials or those that may constitute sexual exploitation of children. |
| Copyrighted and Protected Materials and Applications | Illegal copies of books, music, and films, protected applications and programs, illegal copies of video games. |
| Counterfeit and Illegal Goods | Counterfeit goods or designs, non-signed materials from celebrities, forged signatures, coins, and stamps. |
| Devices and Mechanisms Used to Bypass or Hack Technical Protections | Any chips or devices used to bypass technical protection on digital devices. |
| Drugs and Their Equipment | Prohibited drugs, illegal medications, and preparation equipment, including herbal pills like salvia, magic mushrooms, and materials promoting such products. |
| Gambling and Gaming | Lottery tickets, sports betting, memberships to online gambling sites. |
| Cyber Piracy Materials | Evidence, guidance, and information that violate the law through sabotage or allow unauthorized access to applications, programs, servers, websites, or any other protected property. |
| Human Organs | Human organs, body parts, fluids, stem cells, and embryos. |
| Illegal and Stolen Goods | Materials and products that promote illegal goods or enable illegal activities; goods you do not own or have the right to sell; goods produced in violation of the rights of others, smuggled goods, and items that violate import/export regulations. |
| Illegal Communication Devices | Devices designed to illegally capture satellite and cable signals, cable decoder devices, and illegal equipment used for modifying cellular phones. |
| Miracle Drugs | Unproven treatments or drugs marketed as quick remedies for health issues. |
| Inappropriate Goods | Any goods, literary materials, or products that defame, incite violence, promote hatred, support terrorist organizations, or violate ethical standards. |
| Aggressive and Criminal Items | Criminal images and materials, such as personal belongings associated with crimes. |
| Precious Materials | Bulk selling of rare or precious metals and stones. |
| Cultural and Protected Handicraft Materials | Items covered by UNESCO's 1970 Charter regarding the prevention and protection of the import and export of cultural property. |
| Fireworks and Hazardous Materials | Fireworks and related items considered toxic, flammable, or explosive, including gunpowder, explosives, and gasoline. |
| Controlled Goods | Airbags, mercury-containing batteries, refrigerants, chemical solvents, medical devices, pesticides, law enforcement equipment, and goods subject to government control. |
| Traffic Authority Devices | Radar jammers, license plate covers, traffic signal changers, and other related products. |
| Weapons | Weapons, ammunition, and any other items including, but not limited to, concealed knives, firearms disguised as art pieces, silencers, and light machine guns. |
| Bulk Currency Sales | Discounted currencies or trading currencies backed by precious metals. |
| Delivery to Grade School or Middle School Children | We reserve the right to refuse service to anyone under the age of eighteen. Additionally, we reserve the right to refuse delivery to any location within or near elementary or middle schools. |
| Platform Misuse | We fully reject any abusive language or bad behavior toward the company and/or the service we provide and/or any of our employees and/or any of our representatives. |
| Taxi Services | Transportation of individuals within the city. |
Cooperation with Law Enforcement
Mkzoon will fully cooperate with any law enforcement agencies or court orders requesting us to disclose the identity or location of any individual posting material in violation of the aforementioned paragraphs. Mkzoon may temporarily suspend or completely stop operating the system at any time. Mkzoon will have no responsibilities to Mkzoon members or any third party due to temporary suspension or complete cessation of system operations.
Order Policy
When you choose an order from the available delivery requests, you can submit your order by clicking the "Confirm Order" button. Please note that it is important to review the information you enter and correct any errors before clicking the "Confirm Order" button, as errors cannot be corrected once this action is taken. Upon receiving your order, Mkzoon will start processing it, and we will send a message on the final page confirming that your order has been received and is being sent to the store. If the store rejects the order, you will be notified, and we will not be obligated to provide services. Customers do not have the right to cancel the order once it has been accepted by the store.
Despite all efforts to ensure the accuracy of prices and descriptions, we reserve the right to cancel any order that contains incorrect information. The order may be subsequently canceled by the store after you receive a confirmation message confirming its dispatch to the store. Mkzoon and the stores associated with it reserve the right to cancel any order before or after acceptance, and we will notify you immediately of any such cancellation.
When your order is accepted, it constitutes an agreement between you as a customer and the store, with the store alone bearing the responsibility for this order. Cash payment is made directly to the representative or the store fulfilling the order if the cash-on-delivery option is available. If you choose to pay via credit card or prepaid payment on the site, the transaction will then be processed by Mkzoon as an intermediary between you and the store, with delivery fees or any other charges assessed for each order according to each store’s policy, and any delivery fees or other charges will be clearly displayed in the order summary.
The store may impose additional charges if the customer adds a "special request" or "general request" to their order, and these additional requests shall be paid in cash upon delivery. The customer has the right to cancel the order if the delivery time specified by the store exceeds one hour, and the amount paid by the customer will be refunded to their account. Customers do not have the right to cancel the order after it has been accepted by the store. The refund process for the customer's account via the prepaid/credit card payment gateway may take up to two business days, and in the case of any delays in the refund being credited back to the customer, the customer must follow up directly with the bank. We will send an email to the customer containing a printed copy of the refund notification from the prepaid/credit card payment gateway as a reference in case the customer wants to review with the bank. Customers using the prepaid/credit card payment service are required to have access to their contact numbers. The customer will be compensated by the store in the case of a shortage or error in any part of the order (compensation applies only for the missing or incorrect item and is subject to Mkzoon's policy). The customer is fully responsible for executing and submitting the order using the prepaid/credit card payment service after carefully reading all terms and conditions.
Mkzoon is not responsible for any product ordered and not delivered by the store due to unavailability. Mkzoon reserves the right to withhold the order amount and not refund it to the customer in the following cases:
- If the representative waits at the customer’s location and attempts to contact the customer for at least 15 minutes from the arrival time.
- If entry to the customer’s location is denied for security reasons (military area, hospital, university, hotel, private residence).
- If there is a change in the customer's address after the time allowed for the customer to cancel the order has passed.
Breach of Shipping Policy
Mkzoon reserves the right to pursue any remedies available for any breach of the shipping policy, including, but not limited to, the right to block access to Mkzoon services and applications.
Intellectual Property Rights
All intellectual property rights to this application and all materials related to it or appearing on it (including any content provided or listed by Mkzoon and all content uploaded on the application by Mkzoon) are the property of Mkzoon, and Mkzoon has the right to handle this property as it sees fit. You must not reproduce or allow anyone, for any reason, to use or reproduce the services or any trademarks or other trade names appearing in the services.
Payment
Mkzoon reserves the right to charge new fees for using the application or service or both. If Mkzoon decides to impose new charges, you will be informed of this, and you will be allowed to continue with the contract or terminate it. You are required to pay for the services and purchases to the service provider in cash or via approved electronic payment methods as per the payment options provided by the application at the time the service is provided to you, with the option of payment upon service delivery. You are solely liable for any legal obligations arising from non-payment for services and purchases upon receipt. Mkzoon has the right to prohibit the customer in the event of non-payment for the services rendered or if the purchases are not picked up by the service provider. Note that Mkzoon will not remove the ban from the customer until the due service fee is paid.
Pricing Method
The price of the delivery service on the application is determined by the service representatives’ offers to the customer, who has the right to review all offers presented to them and accept the appropriate offer before the service is initiated. The acceptance of the offer by the customer constitutes an obligation for them to pay the amount outlined for delivery as described in the payment section. Furthermore, the application allows the customer to select suitable products before completing the purchase and delivery. Prices for commodities are indicated in the application to facilitate the customer’s selection and decision-making process.
Comments
Comments submitted by users are approved based on the following criteria: Direct Relationship: The commenter must have directly experienced the service through the store. Acceptable Content: Mkzoon is not obligated to accept any comments submitted by users, and some reasons for rejecting comments include: comments that contain offensive, obscene, abusive, racist language, or hate speech, which cannot be published on our site; comments unrelated to the topic of the store evaluation; comments that include discrimination based on religion, race, gender, age, marital status, or physical or mental disabilities; any content that contradicts societal traditions or calls for illegal acts; conflict of interest, where competing stores are not allowed to post negative comments (any violations in this regard may lead to the permanent removal of those stores from our site); claims regarding health law violations; comments reflecting outdated or invalid information. Commentators do not reflect the opinion of Mkzoon’s website or its main parent company or any of its affiliates. Mkzoon is not liable for any obligations, claims, or losses arising from any of the published comments or any content on the site. Ownership: The comments posted on the website belong to Mkzoon, and their ownership is exclusive indefinitely. We have the right to reproduce, modify, translate, transfer, and/or distribute all materials related to the comments. Mkzoon is not obligated in any way to compensate the commentators or anyone else for their comments.
Indemnification
By agreeing to these user terms and using the application or service, you agree to defend Mkzoon, its affiliates, and its licensors, along with each of their officers, directors, users, employees, and attorneys, against and hold them harmless from any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:
- Your violation or breach of any of the terms of these user terms or any applicable laws or regulations, whether cited in these terms or not.
- Your violation of any rights belonging to others, including service providers regulated by the application.
- Your use or misuse of the application or service.
Subscriptions and Memberships
The terms and conditions of the Mkzoon Premium service ("Mpremium") operated by Mkzoon apply to all users ("users," "you," and "your") of the Mkzoon application and its associated applications on iPhone, iPad, Android, and mobile application platforms that subscribe to the Mkzoon Premium service. By registering for Mkzoon Premium membership, you agree to the following terms and conditions, and any related policies, terms, and logos (collectively referred to as "Mkzoon Premium Terms") that are currently in effect or applicable to your use of the services, without qualification.
The Mkzoon Premium service is a subscription-based program available in the Kingdom of Saudi Arabia that will provide Mkzoon customers who register for membership ("members") with a range of benefits that may include, but are not limited to, free delivery from selected merchants who have partnered with Mkzoon under the Mkzoon Premium program ("partner merchants"). Selected merchants ("partner merchants") are subject to continuous change.
Membership Fees and Renewal
1.1 To become a member, customers must subscribe to the Mkzoon Premium service and pay the membership fee as stated in the Mkzoon application. 1.2 Mkzoon has the right to offer different membership terms and fees, and membership fees may vary from customer to customer and over time. Membership fees are non-refundable. 1.3 In cases where it is technically feasible for Mkzoon, the Mkzoon Premium service membership will be automatically renewed every 30 (thirty) days unless the member cancels the renewal. 1.4 Membership payment methods may be limited to those technically enabled by Mkzoon applications, such as online payment options via credit cards. 1.5 Mkzoon reserves the right to accept or reject any membership at its discretion. 1.6 We may send you emails and other communications related to Mkzoon and your membership (regardless of any account-related settings or preferences).
Membership Cancellation
1.7 For customers enabled for automatic renewal through the Mkzoon application, you can cancel your Mkzoon Premium membership renewal at any time by visiting your account and adjusting your membership settings. Membership renewal must be canceled at least 24 (twenty-four) hours before the automatic renewal date, when available, to avoid being charged for the next month. 1.8 For customers where the automatic renewal option is available, after canceling the renewal of the subscription, the membership will not be renewed, but you will still have access to your benefits until the subscription expiration date for the month paid.
Promotional and Trial Offers
1.9 Mkzoon may offer certain customers various trial or promotional membership offers, which are subject to these terms unless otherwise specified in the promotional offers. Trial members may, at any time (through your account), choose not to continue with the paid membership by canceling the automatic renewal if the automatic renewal option is available.
Mkzoon Premium Benefits and Privileges
1.10 As a member of Mkzoon Premium, you are entitled to benefit from the privileges and advantages designated as defined by Mkzoon and reported in the application. Benefits and privileges (collectively referred to as "benefits") available on the Mkzoon application may include:
- Free Delivery from Partner Merchants: Mkzoon Plus members receive free delivery for all eligible orders from participating merchants in the Mkzoon Plus program. Free delivery includes waiving delivery fees but does not include any other applicable fees, including but not limited to service fees. An eligible order is any order placed through a partner restaurant in the Mkzoon Plus program that meets the required minimum order value. The minimum order value will be reported in the application when subscribing to Mkzoon Plus or when ordering from a Mkzoon Plus store. Mkzoon reserves the right to change partner stores at any time. Mkzoon also reserves the right to change the required minimum order value for free delivery. 1.11 The benefits available under the Mkzoon Plus service will apply when the order is executed and can only be utilized with the designated partner merchants under the Mkzoon Plus program, and the list of these partner merchants may be updated periodically. Benefits cannot be redeemed for cash. 1.12 Benefits can be used in conjunction with ongoing promotions or other offers if permitted within the Mkzoon applications unless otherwise specified in the customer FAQs or explicitly prohibited.
Legal Liability
The information, recommendations, services, or any of them provided to you on or through the website, service, and application are for general informational purposes only and do not constitute advice. Mkzoon will maintain the accuracy and updating of the website and application and their content as much as possible but does not guarantee that (the content) of the website or application is free from errors, defects, malware, or viruses, nor does it guarantee the accuracy, correctness, or updating of the website and application. Mkzoon will not be liable for any damages resulting from the use (or inability to use) the website or application, including damages caused by malware or viruses, nor will it be responsible for the inaccuracy or incompleteness of the information on the website or application, unless such damage results from the intentional misconduct or gross negligence of Mkzoon. The responsibility for the quality of services requested using the application or service is entirely borne by the service provider, the "representative," or the "wholesaler," who provides the service to you in the end. Mkzoon does not accept any liability under any circumstances regarding the services provided by the representative or wholesaler or arising from them, nor does it accept liability for any actions, behaviors, or negligence by the representative or wholesaler. Therefore, any complaints about the services should be directed to the representative or wholesaler.
Service Modifications
Mkzoon reserves the right, at its sole discretion, to do any of the following at any time:
- Change the services or any associated materials; and/or suspend the publication of its services.
- If Mkzoon decides to cease the publication of its services, it may replace the services with similar materials at its discretion.
Limitation of Liability
Mkzoon does not provide any warranties, express or implied, regarding the services; all are provided "as is." Mkzoon expressly disclaims any liability to the fullest extent permitted by law for all warranties, including and without limitation, warranties of fitness for a particular purpose, suitability for specific specifications and markets, and marketable rights to property. Moreover, Mkzoon does not guarantee the accuracy, content, timing of the services, or the outcomes that a user may or may not achieve from using these services. Mkzoon, its agents, licensors, or affiliates shall not be liable in any event for direct, indirect, incidental, special, or consequential damages (including but not limited to, damages resulting from loss of profits, business interruptions, loss of business information, or any other financial losses) arising directly or indirectly from accessing and using (or the failure to use) the services or reliance on them.
No offers, announcements, or promotions that are not advertised on the official Mkzoon website or through the social media channels managed by Mkzoon are valid, and you do not have the right to claim Mkzoon to execute them. Furthermore, Mkzoon bears no responsibility for any fraud committed through offers, advertisements, or contests held informally in Mkzoon’s name.
Security
You acknowledge that you alone are responsible for the privacy of the services, and you are solely responsible for their use by anyone else using your account and/or username or password or access credentials. You also agree to notify Mkzoon if you become aware of any loss, theft, or unauthorized use of any password, username, IP address, or other access methods to the services.
Transactions with Third Parties
While using the website, application, and service, links to websites owned and controlled by third parties for correspondence, purchase of products or services, or participation in promotional offers may be occasionally provided. These links take you outside the website and application, and they are beyond Mkzoon’s control.
While using the website, application, and service, you may correspond with or purchase goods or services or participate in promotional offers provided by service providers, advertisers, or sponsors offering their goods or services through a link on the website or through the application or service. These links take you outside the website and application and are beyond Mkzoon’s control, and the websites you may link to have independent terms and conditions and privacy policies. Mkzoon does not bear any responsibility for the content of these websites and their activities and cannot be held accountable for them. Therefore, you assume all risks resulting from visiting or accessing these websites.
Please note that these other websites may send their cookies to users, collect their data, or request personal information, and we recommend checking the terms of use or privacy policies of such websites before using them.
Duration of the Contract and Termination
The contract formed between you and Mkzoon is indefinite. You have the right to terminate the contract at any time by permanently deleting the app installed on your smartphone, thereby disabling your use of the application and service. You may close your user account at any time.
Mkzoon has the right to terminate the contract immediately at any time (by disabling your use of the application and service) if you engage in any of the following: (a) violation or breach of any provision of these user terms, or (b) if Mkzoon believes you are abusing the application or service. Mkzoon is not obliged to provide prior notice before terminating the contract.
Invalidity of Provision(s)
The invalidity of any provision of the user terms does not affect the validity of the remaining provisions contained therein. If any provision is found to be invalid from the user terms under certain circumstances according to standards of reasonableness and fairness, to that extent only, it will be replaced between the parties by a provision that is acceptable considering all circumstances and complies with the provisions of the invalid clause as much as possible, keeping in mind the content and purpose of the user terms.
Modification of Service and User Terms
Mkzoon reserves the right, at its sole discretion, to modify any provision of these user terms, or to replace, change the service or application or suspend or discontinue them (including but not limited to, provide any feature or database or content) at any time, by posting a notice on the site or by sending you a notification through the service or application or via email. Mkzoon 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.
Notices
Mkzoon may send notifications by posting a general notification about the service or application, or by sending an email to your registered email address in your account information with Mkzoon, or by mailing written notices to the address registered in your account information with Mkzoon.
Governing Law and Dispute Resolution
The user terms are governed by and any dispute, claim, or conflict arising out of these user terms or related to them, or any breach, termination, implementation, interpretation, validity, or use of the site or service or application, shall be resolved in accordance with the applicable laws and regulations of the Kingdom of Saudi Arabia and shall be interpreted accordingly.
Terms and Conditions for Service Providers of the Mkzoon Application
These terms and conditions represent a formal agreement ("Contract") between the Mkzoon Transport Foundation, owner of the Mkzoon brand, and delivery service providers (representatives), governing your use of the Mkzoon application. Mkzoon is an electronic application that allows representatives to provide purchasing services on behalf of customers and deliver products to their stores or to locations predetermined by the customers. Mkzoon provides customers with the opportunity to choose the suitable representative for the delivery process.
Any use by you of the services provided by the Mkzoon application constitutes your acceptance of this contract and its terms. Therefore, you should not use the application if you do not agree to the provisions of these terms and conditions.
Mkzoon reserves the right to modify or change these terms and conditions without prior notice. It is your responsibility as a user of the application to review the terms and conditions periodically for updates, accessible through the link (terms.php). We also encourage you to review our privacy policy to learn more about how Mkzoon uses the information you provide to us.
Eligibility for Services
You acknowledge and guarantee the following:
- You have not previously been disabled from using Mkzoon services or prevented from using them at any time.
- You are not a competitor of Mkzoon, and you do not provide any competing products or services.
- You have full power and authority to engage in contracts, and you will not be violating any laws or agreements.
- You are an independent party and do not act as an agent, representative, distributor, or partner of Mkzoon. You may not, directly or indirectly, present yourself as a representative of Mkzoon or act in a manner that could create obligations without prior written consent from Mkzoon. If consent is granted, your actions are limited to those that allow you to provide the service offered only. You have no right to make any offers to users on behalf of Mkzoon, and you acknowledge that breaching this provision will make you fully responsible for all obligations arising from this breach and may expose you to criminal prosecution and a ban on using the application.
Representations and Warranties
You acknowledge and guarantee that you will:
- Comply with all applicable laws and regulations in the Kingdom of Saudi Arabia.
- Provide accurate and correct information to Mkzoon and update it regularly.
- Review and comply with any notices sent from Mkzoon regarding your use of the services provided by the Mkzoon application.
- Not sublicense, reproduce, publish, transfer, distribute, perform, display, sell, or reclassify Mkzoon's services, as doing so would constitute unauthorized commercial exploitation, except as permitted by this contract.
- Not use the information, content, or any data accessed or obtained through Mkzoon services for any purpose other than personal use. You will use the application and service exclusively for your purposes and will not sell them to any third party (including, but not limited to, providing any service to anyone else).
- Use the service or application for lawful purposes only and will not use the services to send or store any illegal materials or for fraudulent purposes.
- Maintain standards for the safety of the products transported in your vehicle during delivery so that the orders are delivered in a healthy condition.
- Not use the service or application to cause harm, harassment, or disturbance to anyone.
- Not interfere with the proper operation of the Mkzoon application.
- Not attempt to harm the service or application in any way.
- Not copy or distribute the application or any other contents without obtaining written permission from Mkzoon.
- Keep your account password or any identification means provided to you to access your account secure and confidential.
- Provide us with all evidence proving your identity as per Mkzoon’s discretion.
- Use only authorized wireless internet communication devices or the authorized third-generation (AP) data accounts.
- Mkzoon has the right to refuse service or the use of the application without providing reasons.
Scope of License
Mkzoon grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, and non-revocable license to access and use our services solely for personal (not commercial, including but not limited to) purposes according to this contract. Therefore, you must:
- Not make the services available for rent, lease, assign, redistribute, sublicence, or distribute these services to any third party.
- Not modify, adapt, translate, summarize, create derivative works based on, reverse engineer the design of the Mkzoon application, or otherwise attempt to determine or access the source code or internal design of the services or any text, multimedia (pictures, audio, video files), data, or other information provided by Mkzoon or third-party service providers.
- Not delete, change, or otherwise alter any copyright or other official notices contained within the services.
- Not intentionally transfer or distribute the services or allow for the services to be used contrary to what is specified herein.
- Not claim to offer the services or allow access to them to anyone other than yourself.
- Not allow sharing of the username/password or other access credentials for Mkzoon services.
Prohibited Categories
As part of Mkzoon's shipping policy, it is prohibited for users and representatives to purchase, deliver, send, receive, or accept the following categories of materials and products, and the representative must ensure the safety of any shipment made through the application. (Please refer to the Prohibited Categories Table above for the full list).
Cooperation with Law Enforcement
Mkzoon will fully cooperate with any law enforcement agencies or court orders requesting or directing us to disclose the identity or location of any person posting materials in violation of the aforementioned paragraphs. Mkzoon may temporarily suspend or completely cease operating the system at any time. Mkzoon will have no responsibilities toward Mkzoon members or any third party due to temporary suspension or complete cessation of system operations.
Breach of Shipping Policy
- Mkzoon reserves the right to pursue any remedies available for any breach of the shipping policy, including but not limited to the right to restrict access to Mkzoon services and programs.
Intellectual Property Rights
- All intellectual property rights related to these services and all materials related to or appearing on them (including any content that you provide or list - including but not limited to) are the property of Mkzoon.
- You must not reproduce or allow anyone, for any reason, to use or reproduce the services or any trademarks or other trade names appearing in the services.
Payment
- Mkzoon reserves the right to impose new fees for the use of the application or service or both.
- If Mkzoon decides to impose new fees or commission rates, you will be notified, and you will be allowed to continue the contract or terminate it.
- Mkzoon determines the commission rate, which is collected from representatives and wholesalers according to market requirements. Representatives have the right to request discontinuation if the rate offered by Mkzoon is not suitable, and their continued service after being informed of the new rate constitutes explicit acceptance of the new rate.
- Mkzoon may modify or update prices from time to time, and it is your responsibility to stay informed of the current rates for delivery services.
- You are required to collect the delivery service fee from the end customer, whether cash or through other payment methods, immediately upon providing the service. You are solely responsible for not collecting the delivery service fee, and you acknowledge the obligation to pay Mkzoon its agreed commission from each delivery you make. You must also accept any coupon when the customer uses it for their order. Mkzoon will compensate you for the coupon value as indicated in the order.
- You acknowledge and agree to adhere to integrity concerning the value and authenticity of transactions and related matters. You agree that if any fraud, manipulation, deception, or misuse of service is discovered that negatively impacts the application, you will be subject to the suspension and blocking of your services on the Mkzoon application, in addition to Mkzoon’s right to collect a penalty for abuse amounting to 1000 SAR, along with the right to claim damages for all harms arising or to arise from such fraud, manipulation, or misuse.
Indemnification
By agreeing to these terms for service providers and using the application or service, you agree to defend Mkzoon, its affiliates, and its licensors, including each of their officers, directors, employees, lawyers, and agents, from any claims, costs, damages, losses, liabilities, and expenses (including attorney fees, for example) arising from or related to:
- Your violation or breach of any of these service provider terms or any applicable laws or regulations, whether referred to in these terms or not.
- Your violation of any rights belonging to others, including delivery service providers regulated by the application.
- Your use or misuse of the application or service.
Legal Liability
- The information, recommendations, services, or any of them provided to you on or through the website, service, and application are for general informational purposes only and do not constitute advice.
- Mkzoon will maintain the accuracy and update the website and application and their contents as much as possible, but does not guarantee that the contents of the website or application are free from errors, defects, malware, or viruses, nor does it guarantee the accuracy, correctness, or updating of the website and application.
- Mkzoon is not liable for any damages resulting from the use (or inability to use) the website or application, including damages caused by malware or viruses, nor is it responsible for the inaccuracy or incompleteness of the information on the website or application unless such damage results from intentional misconduct or gross negligence by Mkzoon.
- Mkzoon does not accept any liability for damages arising from the use (or inability to use) electronic communication means with the website or the application, including but not limited to damages resulting from the non-delivery of electronic correspondences or delays in delivery, interception, or manipulation of electronic correspondence by others or computer programs used for electronic correspondence and the transmission of viruses.
- The responsibility for the quality of the delivery services requested through the application or service lies entirely with you, and Mkzoon bears no responsibility in this regard. Mkzoon reserves the right to review your performance and, based on that, revoke your license.
- Under no circumstances does Mkzoon accept any responsibility concerning delivery services or product supply services provided by the service provider or arising from them.
- Mkzoon is not responsible for any actions, behaviors, negligence by the delivery service provider, or all of the above.
- Any complaints regarding delivery services made by customers should be submitted directly to Mkzoon; however, Mkzoon will not bear any responsibility in this regard and serves only as a liaison between the two parties.
Modification of Services
Mkzoon reserves the right, at its sole discretion, to do any of the following at any time:
- Change the services or any associated materials and/or suspend the publication of its services.
- If Mkzoon decides to cease the publication of its services, it may replace the services with similar materials at its discretion.
Limitation of Liability
- Mkzoon makes no guarantees, express or implied, regarding the services, all of which are provided "as is."
- Mkzoon explicitly disclaims liability to the fullest extent permitted by law for all warranties, including and without limitation, warranties of fitness for a particular purpose, suitability for specific specifications and markets, and marketability.
- Mkzoon does not guarantee the accuracy, content, timing of the services, or the results that may or may not be achieved by users of the services.
- Mkzoon, its agents, licensors, or affiliates shall not be liable, under any circumstances, for direct, indirect, incidental, special, or consequential damages (including but not limited to damages resulting from lost profits, business interruption, loss of business information or other financial losses) arising directly or indirectly from accessing and using (or failing to use) the services or relying on them.
Security
- You acknowledge that you bear full responsibility for the privacy of the services and are solely responsible for their use by anyone else using your account and/or username or password or access credentials.
- You also agree to notify Mkzoon if you become aware of any loss, theft, or unauthorized use of any password, username, IP address, or other access methods to the services.
Transactions with Third Parties
- While using the website, application, and service, links to websites owned and controlled by third parties may occasionally be provided for correspondence, purchase of goods or services, or participation in promotional offers. These links take you outside the website and application and are beyond Mkzoon’s control.
- While using the website, application, and service, you may correspond with or purchase goods or services or participate in promotional offers provided by service providers, advertisers, or sponsors offering their goods or services through a link on the website or through the application or service. These links take you outside the website and application and are beyond Mkzoon’s control. Websites you may link to have independent terms and conditions and privacy policies. Mkzoon assumes no responsibility for the content of such websites and their activities and cannot be held accountable for them. Therefore, you assume all risks arising from visiting or accessing these websites.
- Please note that those other sites may send their cookies to users, collect data from them, or request personal information, and thus we recommend checking the terms of use or privacy policies of those sites before using them.
Duration of the Contract and Termination
- The contract between you and Mkzoon is indefinite. You have the right to terminate the contract at any time by permanently deleting the application installed on your smartphone, thereby disabling your use of the application and service. You can also close your representative account at any time.
- Mkzoon reserves the right to terminate the contract with immediate effect at any time (by disabling your use of the application and service) if you engage in any of the following:
- Violation or breach of any of these service provider terms,
- If Mkzoon believes you are misusing the application or service.
- Mkzoon is not obliged to notify you before terminating the contract.
Invalidity of Provision(s)
- The invalidity of any provision of these service provider terms does not affect the validity of the remaining provisions contained therein.
- If any provision is found to be invalid from the service provider terms under certain circumstances according to standards of reasonableness and fairness, to that extent only, it will be replaced between the parties by a provision that is acceptable considering all circumstances and complies with the provisions of the invalid clause as much as possible, keeping in mind the content and purpose of the service provider terms.
Modification of Service and Terms of Service Provider
- Mkzoon reserves the right, at its sole discretion, to modify or replace any provision of these service provider terms, or to change the service or application or suspend or discontinue them (including, but not limited to, providing any feature or database or content) at any time, by posting a notice on the site or sending you a notification through the service or application or via email.
- Mkzoon may impose restrictions on certain features and services or limit your access to parts of the service or the entire service without notice or liability.
Notification
- Mkzoon may send notifications by posting a general notification about the service or application, or by sending an email to your registered email address in your account information with Mkzoon, or by sending written notifications to the address registered in your account information with Mkzoon.
Governing Law and Dispute Resolution
- These service provider terms are subject to and will apply to the settlement of any dispute, claim, or disagreement arising from these service provider terms or related to them or any violation, termination, implementation, interpretation, or validity of the use of the site or service or application, in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia and shall be interpreted accordingly.
Contact Us
If you have any questions regarding these service provider terms, the practices of this application, or your dealings with the application, you can contact us through:
- Website: site.mkzoon.com.sa
- Email: mkzoonn@gmail.com
- Mobile number: +966550267070
Last modified on: July 8, 2024
