Terms and Conditions
Effective and enforceable as of the date of publication on 2025/01/01.
1-1- By using the "Yseer App," you agree to comply with and be bound by the following terms and conditions of use, which govern the relationship between Yseer App and you in relation to this app and your use of it.
2-1- The purpose of these terms and conditions is to define the ownership, responsibilities, and obligations between the consumer (customer) and Yseer App Limited Liability Company, LLC (service provider/Yseer App) regarding the use of "Yseer App" and its policies, as follows:
2- Definitions and Terminology: -1-2- The following terms and phrases, wherever mentioned in this agreement, shall have the meanings indicated in front of each, unless the context requires otherwise.
1-1-2- Agreement: - Refers to this Terms and Conditions agreement, including the Privacy Policy or any other rules, appendices, or policies imposed and/or established by the service provider.
2-1-2- Service Provider: - Yseer App Limited Liability Company, a limited liability company registered in the Kingdom of Saudi Arabia under Commercial Registration No. (1010921415), referred to in these terms and conditions as the service provider "Yseer App."
3-1-2- App: - Yseer App, a cloud-based technical application owned and preserved with all its rights and trademarks by Yseer App Limited Liability Company, LLC.
4-1-2- Service and/or Services: - The display and marketing of goods or products owned by the merchant and advertised through Yseer App for the purpose of selling them and providing delivery services to customers through external and independent drivers.
5-1-2- Customer and/or Customers: - Any user who wishes to benefit from the services offered and/or provided by the service provider.
6-1-2- Merchant and/or Merchants: - These are the customers who advertise with the intent to display and sell products and/or goods to the purchasing customer through Yseer App.
7-1-2- Delivery Driver and/or Delivery Drivers: - These are the external, independent drivers collaborating with the app for the purpose of providing delivery services.
8-1-2- Delivery Service: - The service of directing vehicles for the purpose of transporting products and/or goods from the merchant at a predetermined pickup point to the customer at a predetermined delivery point, which is the service requested by the purchasing customer from the service provider.
9-1-2- Products and/or Goods: - Those displayed in the app and offered by merchant customers in their stores.
10-1-2- User and/or Users and/or Consumer and/or Consumers: - Natural persons such as individuals and/or legal entities, including but not limited to companies, factories, or stores. This includes sellers, buyers, drivers, and those similar to them, and they may be referred to as the customer unless the context requires otherwise.
11-1-2- Personal Account: - The primary account through which the purchasing customer can access and use the purchasing services from stores via Yseer App.
12-1-2- Merchant Account: - The account of merchants through which the merchant customer can access and use the services of displaying products or goods.
13-1-2- Driver Account: - The account for external, independent collaborating drivers through which they can access and use the services of transporting goods and/or products from the store to the purchasing customer via Yseer App.
14-1-2- Dispute Request: - A request submitted by the purchasing customer to the service provider "Yseer App" through the app, aiming to return products and/or goods to the merchant/store from which they were purchased, in accordance with this Terms and Conditions agreement.
15-1-2- Preliminary Acceptance of Dispute Request: - A preliminary acceptance of the dispute request submitted by the customer, which is conditional upon the customer completing all the procedures specified and outlined in this agreement.
16-1-2- Final Acceptance of Dispute Request: - A final acceptance of the dispute request submitted by the customer, which occurs after the request is fulfilled by the customer completing all the procedures specified and outlined in this agreement.
2-2- The Arabic language is the official language of this agreement. In case of translation, if there is any discrepancy in the meanings of the terms and/or phrases and/or textual contexts, the meaning in the Arabic version shall prevail.
3- Contractual Relationship:1-3- These terms and conditions govern the user's access to the app and/or any applications and/or websites and/or content and/or service products provided by the service provider.
2-3- The user's access to and use of the applications and/or websites and/or content and/or service products provided by the service provider constitutes explicit acceptance and agreement to comply with these terms and conditions, thereby creating a contractual relationship between the user and the service provider. In case of disagreement with this agreement, the user may not obtain or use the services and must refrain from using or accessing them.
3-3- This agreement is the complete, comprehensive, and final agreement between its parties, the user and the service provider, and it supersedes all prior correspondence and/or negotiations and/or promises and/or commitments and/or agreements, whether oral or written, between the parties regarding the subject matter of these terms and conditions.
4-3- The service provider may modify these terms and conditions or restrict any of the services related to the user immediately or generally, suspend the offering of services, or prevent access to them or any part thereof at any time and for any reason.
5-3- The service provider may modify these terms and conditions from time to time, and the modifications shall take effect upon the service provider publishing the updated modifications on this site or through the app, or by publishing the modified policies or supplementary terms related to the provided service. It is the user's responsibility to periodically review the modifications to be aware of any changes.
6-3- The customer's continued access to and use of the services after this publication constitutes explicit acceptance of these terms and conditions and their modified form.
4- Provisions and Controls for Supplementary Terms and Appendices:1-4- Some supplementary terms may apply to specific services, such as policies related to the occurrence of a specific event, activity, or promotional campaign, and these supplementary terms related to the provided services will be fixed in due course. The supplementary terms add to this agreement for the purposes of the provided services and are considered part of it, to be read and interpreted with it. The supplementary terms supersede these terms and conditions in case of conflict regarding the provided services.
2-4- The appendices, for example but not limited to, are partial policy appendices that are an integral part of this Terms and Conditions agreement, to be read and interpreted with it.
5- Duration of the Terms and Conditions Agreement and Termination: -1-5- These terms and conditions between the user and the service provider are of indefinite duration.
2-5- The service provider has the right to terminate the agreement with the user immediately at any time (by disabling the use of the app or any of the services), in case the customer does any of the following:
1-2-5- Violation or breach of any of these terms and conditions.
2-2-5- If the service provider deems that the user is misusing the app or any of the services, and the service provider is not obligated to send prior notice or notification of the termination of the agreement or the suspension or freezing of the user's account.
6- Services Provided, License, Restrictions, and Ownership: - 1-6- Services Provided: -1-1-6- "Yseer App" is a cloud-based technical system that operates as a search engine aimed at providing marketing services on a commission basis for displaying products and/or goods advertised by their owners, the merchant customers and/or sellers, under their name and/or their own logo through their store pages within "Yseer App." Additionally, "Yseer App" aims to provide marketing services on a commission basis for displaying the services of external, independent collaborating drivers with the app to offer and provide their services to purchasing customers. The purchasing customer selects one of those products and/or goods from one of the stores within the app, and the app technically arranges and schedules delivery service price offers and displays driver ratings by presenting a set of their offers to the purchasing customer to choose one of them for the delivery of products and/or goods from the selling customer to the purchasing customer, with the purchasing customer paying the value of the products and/or goods and the delivery service fee to the service provider's account as a financial guarantee until the delivery is completed and/or the purchasing customer receives those products and/or goods they purchased. Then, the service provider "Yseer App," after deducting the marketing service commission, transfers the delivery amount to the driver's wallet and the product amount to the merchant/seller's wallet.
2-1-6- The user acknowledges that the service provider "Yseer App" is not a guarantor or responsible for the parties involved in the sales process or the products and/or goods subject to the sales process, nor does it provide direct sales services for the products and/or goods owned by the merchant/store customer, and that all sales services are provided by merchant customers through their stores. Additionally, "Yseer App" does not provide transportation and/or delivery and/or logistics services or operate as a transportation company, and all transportation and/or delivery and/or logistics services are provided by external, independent collaborating drivers who do not work for the service provider "Yseer App." The role of the service provider is limited to providing financial reliability to the parties involved in the process by temporarily holding the value of the amounts until the delivery is completed and/or the purchasing customer receives the sold products and/or goods, in accordance with the service provider's terms and conditions that govern and clarify this agreement, which must be interpreted in accordance with the regulations of the Kingdom of Saudi Arabia.
3-1-6- The user acknowledges that the service provider "Yseer App" does not manage, price, or store the products and/or goods displayed by merchant customers in stores through "Yseer App."
4-1-6- The user acknowledges that the service provider "Yseer App" does not provide delivery services directly, does not own delivery vehicles, and does not determine the pricing for the delivery service offered by drivers to the purchasing customer.
2-6- License: -1-2-6- The service provider "Yseer App" grants you, provided that you comply with these terms and conditions, a limited, non-exclusive, non-transferable, non-sublicensable, and non-assignable license, which cannot be sold, rented, gifted, or transferred in any way to a third party, and is revocable as per the provisions of these terms and conditions, for the purpose of:-
1-1-2-6- Accessing and using the app on your personal device in relation to your use of the services only.
2-1-2-6- Accessing and using any related content, information, and materials that may be provided through the services, and in all these cases, the use is personal. The service provider and its licensors retain any rights not expressly granted in these terms and conditions.
3-6- Restrictions: -1-3-6- The user is not permitted to do any of the following: -
1-1-3-6- Remove any copyright, trademark, or other proprietary notices from any part of the services of "Yseer App."
2-1-3-6- Reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, broadcast, circulate, or exploit the services of "Yseer App" in any other way, except as expressly permitted by the service provider in writing.
3-1-6-3- Manipulate the service codes of "Yseer App," reverse engineer, or disassemble them, except as permitted by applicable laws and regulations in this regard, and as expressly permitted by the service provider in writing.
4-1-3-6- Create a link to any part of the services or create mirror copies of them or frame them.
5-1-3-6- Create or cause to create any software or scripts for the purpose of removing any part of the services of "Yseer App," indexing or scraping its data in any other way, or overloading or hindering the operation and/or function of any aspect of the services of Yseer App inappropriately.
6-1-3-6- Attempt to gain unauthorized access to the services of "Yseer App" or damage any of its aspects or any related systems and networks.
7-1-3-6- Allow sharing of the username and/or password or other access credentials to the services of "Yseer App."
4-6- Third-Party Services and Content: -1-4-6- The services may be provided or made accessible in conjunction with third-party services and content (including advertising) that are not under the control of the service provider.
2-4-6- The user acknowledges that different terms and conditions of use and privacy policies may apply to their use of third-party services and content.
3-4-6- The service provider does not endorse third-party services and content and is not responsible in any way for any products or services of third-party service providers. Additionally, Apple Inc., Google Inc., Microsoft Corporation, or BlackBerry Limited and/or their international subsidiaries and affiliates are considered third-party beneficiaries of this agreement if the customer accesses the services using applications specifically designed for mobile devices running Apple iOS, Android, Microsoft Windows, or BlackBerry operating systems, respectively. These third-party beneficiaries are not parties to this agreement and are not responsible for providing or supporting the services in any way. The customer's access to the services using these devices is subject to the terms of service applicable to the third-party beneficiary.
5-6- Ownership: -1-5-6- All services, designs, trademarks, and all related rights are the exclusive property of the service provider. These terms and conditions do not grant the customer any rights to the services or in relation to them, other than the limited license granted above in these terms and conditions. These terms and conditions do not grant the customer the right to use and/or refer in any way to the company names, logos, product names, services, or trademarks of the service provider and/or its licensors.
7- Access and Use of Services: - 1-7- User Accounts: -1-1-7- Requirements for Access and Use of Services: -
1-1-1-7- To access and use most aspects of the services, the customer must register in the app to obtain an active personal account for user services.
2-1-1-7- The user must be at least eighteen years old or of legal age according to the laws of their jurisdiction (if it specifies an age other than eighteen) to obtain an account.
3-1-1-7- Registering a personal account requires providing certain personal information to the service provider "Yseer App," including but not limited to (the customer's name, email address, physical address for delivery, and mobile phone number), in addition to providing at least one valid payment method (either a Mada card, credit card, or an accepted payment partner).
4-1-1-7- The customer is obligated to provide accurate, complete, and up-to-date information in their account. The customer must provide valid and current documents when additional requirements are requested by the service provider.
5-1-1-7- The customer acknowledges their compliance with and adherence to national regulations and laws issued by the relevant authorities. Failure to maintain accurate, complete, and up-to-date information in their account or providing invalid, expired, or terminated documents, including assigning an invalid or expired payment method, may result in the inability to access or use the services or the suspension or restriction of the customer's access to the services. The customer is fully responsible for all activities conducted under their account.
6-1-1-7- The customer must maintain the security and confidentiality of their username and password throughout.
7-1-1-7- The customer acknowledges that they have never been suspended or prevented from using Yseer App services at any time.
8-1-1-7- The customer acknowledges that they are fully competent to enter into contracts and that doing so will not violate any law or agreement, and that they have no prior criminal records, arrest warrants, or claims with security authorities.
2-1-7- Additional Requirements for Access and Use of Services for Store Accounts: -
1-2-1-7- When submitting a request to verify a store account, the customer must comply with the service provider's requirements by providing additional information and required documents, including but not limited to proof of the store's status, such as information, data, and copies of documents like the national ID, residency permit, personal photo, freelance work license, commercial registration, tax certificate, or a bank account registered in the name of the applicant, to enable access to and use of store services through the app and to allow the display of products and/or goods for sale through the app.
3-1-7- Additional Requirements for Access and Use of Services for Driver Accounts: -
1-3-1-7- When submitting a request to register and verify a driver account, the customer must comply with the service provider's requirements by providing additional information and required documents, including but not limited to proof of the driver's status, such as information, data, and copies of documents like the national ID, residency permit, personal photo, driver's license, vehicle license, vehicle photos, or a bank account registered in the name of the applicant, to enable access to and use of transportation services from stores to customers through the app and to allow the display of delivery and transportation requests for sold products and/or goods through the app.
2-7- User Conduct Guidelines: -1-2-7- The service is not available for use by persons under the age of eighteen, without prejudice to the provisions of this Terms and Conditions agreement.
2-2-7- The customer is not permitted to delegate the use of the account to third parties.
3-2-7- The customer may not allow persons under the age of eighteen to obtain the services unless they are accompanied and directly supervised by the customer.
4-2-7- The customer may not assign or transfer ownership of the account to any person or entity.
5-2-7- The customer agrees to comply with all applicable laws when using the services and may not use them for illegal purposes (including but not limited to the transportation of illegal or hazardous materials).
6-2-7- The customer may not, when using the services, cause harm, annoyance, harassment, or property damage to third-party service providers or any other parties. In some cases, the customer may be required to provide proof of identity to access or use the services, and they agree that they may be prevented from accessing or using the services if they refuse to provide proof of identity or if the verification of identity fails electronically.
3-7- User Access, Text Messages, and Emails: -1-3-7- Once the account is created, the customer agrees that the service provider "Yseer App" may send them informational text messages via mobile phone or email as part of the normal business context of using the services. The customer acknowledges that refusing to respond to messages that require a response from the customer may affect their access to and use of the services or some of the services.
4-7- Promotional Codes: -1-4-7- The service provider, at its sole discretion, may create promotional codes that can be redeemed and added to the account or provide other benefits related to the services and/or third-party services, subject to any additional terms and conditions set by the service provider for each promotional code. The customer agrees that promotional codes are subject to the following terms and conditions: -
1-1-4-7- They must be used for the intended audience and purpose and in a lawful manner.
2-1-4-7- They may not be copied, sold, or transferred in any way or made available to the public (whether published in a public form or otherwise), unless expressly permitted by the service provider in writing.
3-1-4-7- They may be disabled by the service provider at any time and for any reason without incurring any legal liability.
4-1-4-7- They may only be used in accordance with the specific terms set by the service provider for each promotional code.
5-1-4-7- They are not redeemable for cash.
6-1-4-7- They may expire before the customer uses them.
7-1-4-7- The service provider reserves the right to withdraw or deduct balances added or benefits or other advantages obtained through the use of promotional codes by the customer or any other user if the service provider determines or believes that the use or redemption of the promotional codes was erroneous, fraudulent, illegal, or violated the applicable terms of the promotional codes or these terms and conditions.
5-7- User Ratings and Reviews: -1-5-7- Users have the right to rate and/or write reviews about products and/or goods and/or stores and/or drivers for the services provided to them through "Yseer App" and are responsible for them.
2-5-7- The ratings and/or reviews displayed in "Yseer App" do not constitute any guarantee for the products and/or goods and/or stores and/or drivers but serve as a reference tool to illustrate the reactions of other users.
8- Personal Data: -1-8- Without prejudice to the provisions of the Privacy Policy attached to this agreement, the service provider collects and uses personal data in relation to the services as outlined in the company's Privacy Policy, which can be viewed through "Yseer App."
2-8- The service provider "Yseer App" may and has the right to provide the necessary data and/or information and/or documents related to any user to claims settlement companies, insurance companies, or other parties involved in the transaction within "Yseer App" (including external, independent collaborating drivers) and (merchant customers/stores) and (purchasing customers) in case of a complaint and/or claim and/or lawsuit and/or dispute and/or disagreement, which may include a regulatory violation, cybercrime, or an accident that may occur between users and a third-party service provider and/or others, where this information or data is necessary to settle the complaint and/or claim and/or lawsuit and/or dispute and/or disagreement.
9- Store Service and Delivery Service: -1-9- Additional Provisions for Store Service: -
1-1-9- The merchant customer is obligated to comply with all national regulations and laws.
2-1-9- The merchant customer must refrain from accessing and using the store service if the activity license is suspended by the relevant authorities, if the account is linked to that license.
3-1-9- The restrictions listed in the table shown in the delivery service restrictions section of this Terms and Conditions agreement apply to the categories and types of products and/or goods prohibited from display.
4-1-9- The merchant customer is obligated to provide accurate and non-fictitious data and coordinates for the pickup and delivery locations of products and/or goods.
5-1-9- The merchant customer is obligated to periodically verify the inventory of displayed products and ensure that their quantities match the actual stock. They are also obligated to ensure the accuracy and correctness of the descriptions and/or images displayed in the advertisement for the products and/or goods in the store.
6-1-9- The merchant customer is obligated to accept the receipt of products and/or goods for which the service provider "Yseer App" has issued a final acceptance of the dispute request submitted by the purchasing customer for the purpose of returning them to the merchant customer in accordance with this Terms and Conditions agreement.
2-9- Additional Provisions for Delivery Service: -
1-2-9- The driver is obligated to comply with all national regulations and laws.
2-2-9- The driver must ensure the cleanliness, safety, and efficiency of the means of transportation.
3-2-9- The driver must refrain from accessing and using the services if the driver's license or vehicle operating license is suspended by the relevant authorities.
4-2-9- Users are obligated to provide accurate and non-fictitious data and coordinates for the pickup and delivery locations of products and/or goods.
5-2-9- The driver is obligated to provide the service efficiently and with quality and to provide accurate information about the size, specifications, and data of the means of transportation through which the service will be provided.
6-2-9- The driver is fully responsible for all products and/or goods subject to the delivery service.
7-2-9- The driver is obligated to provide accurate and non-fictitious price offers and not to offer less than the minimum value set by the service provider.
3-9- Provisions for the Validity of Receipt and/or Delivery: -
1-3-9. Receipt and/or delivery is considered valid and produces all its legal and regulatory effects upon the exchange of verification codes between the users of the service through the app.
2-3-9. The users agree that for any reasons beyond their control or within the control of one of the users due to the refusal to exchange the verification code without valid reasons, the service provider has the right to confirm the receipt and/or delivery process, and thus the acceptance of receipt and/or delivery is considered valid and produces all its legal and regulatory effects.
4-9- Provisions for Refusal and/or Delay in Receipt and/or Delivery: -
1-4-9. If the full waiting period elapses without completing the receipt and/or delivery process in the prescribed manner, it is considered a refusal, and the provisions of this Terms and Conditions agreement apply to it.
2-4-9. If the merchant/store customer refuses to deliver the products and/or goods to the driver after the full waiting period has elapsed from the driver's arrival without receiving the products and/or goods, the service provider may take actions, including restricting and freezing the merchant customer's use of the services through their account in the app until reasons are provided to the service provider and those reasons are accepted by the service provider.
3-4-9. If the merchant/store customer delays in delivering the products and/or goods to the driver after some or all of the waiting period has elapsed from the driver's arrival, after the driver delivers the products and/or goods, the driver may, upon request and after the service provider's approval, impose additional fees for the delivery service, which are added as a claim and/or deducted from the merchant customer's wallet in favor of the driver's wallet.
4-4-9. If the purchasing customer refuses to receive the products and/or goods after the full waiting period has elapsed, the driver may submit a request to the service provider through the app, attaching evidence of customary delivery, such as taking photos of the products and/or goods in front of the purchasing customer's door, for example, and/or receiving the products and/or goods from a person authorized by the purchasing customer, such as one of their employees, which is considered customary delivery for low-value products and/or goods, not large or expensive ones. The driver sends the evidence to the service provider through the app by raising it to the technical support team at Yseer App, and the service provider, after verification and approval, confirms the delivery with evidence and delivers the delivery fees to the driver's wallet in accordance with the provisions of this Terms and Conditions agreement.
5-4-9. If the purchasing customer refuses to receive the products and/or goods from the driver for acceptable reasons and the service provider approves those reasons, the products and/or goods remain in the driver's custody, and the driver remains responsible for them under this agreement.
6-4-9. If the driver refuses and does not deliver the products and/or goods to the purchasing customer for any reason, including but not limited to damage, loss, or theft, the driver is fully responsible for them and is obligated to pay the full value of the products and/or goods as shown in the sales transaction to the service provider or to the party designated/chosen by the service provider.
5-9- Waiting Periods in Delivery Service: -
1-5-9. Five minutes is the maximum waiting period for the merchant/store customer to deliver the products and/or goods to the driver. After some or all of the waiting period has elapsed, the driver may take any of the actions stipulated in this agreement.
2-5-9. Twenty minutes is the maximum waiting period for the purchasing customer to receive the products and/or goods from the driver for delivery services within a distance of 150 kilometers or less between the pickup and delivery points.
3-5-9. Five hours is the maximum waiting period for the purchasing customer to receive the products and/or goods from the driver for delivery services for distances exceeding 150 kilometers between the pickup and delivery points.
4-5-9. All the aforementioned periods start counting from the moment the driver clicks the readiness icon and the notification reaches the user concerned with delivery and/or receipt, which the driver can only click after entering the geographical area at a sufficient distance from the predetermined pickup point from the merchant/store and delivery point to the customer.
6-9- Provisions for Cancellation of Purchase Orders and/or Cancellation of Delivery Service Orders: -
1-6-9. The purchasing customer cannot cancel the purchase order after payment through the app and cannot cancel the delivery service order.
2-6-9. The merchant customer can cancel the sales transaction for the purchase order, which results in the cancellation of the delivery service only before the products and/or goods are delivered to the driver. This action may result in a reduction of the store's rating for the merchant customer until reasons are provided to the service provider and those reasons are accepted by the service provider.
3-6-9. The driver can cancel the delivery service before receiving the products and/or goods from the store. If the number of cancellations by the driver reaches five consecutive or separate times, the service provider may restrict and freeze the driver's access to and use of the services through their account in the app until reasons are provided to the service provider and those reasons are accepted.
4-6-9. The driver cannot cancel the delivery service after receiving the products and/or goods from the store. If the products and/or goods do not reach the purchasing customer, the service provider may restrict and freeze the driver's use of the services through their account in the app until acceptable reasons are provided to the service provider. If the value of the products and/or goods requires insurance coverage under this Terms and Conditions agreement, the service provider may deduct the value of those products and/or goods from the driver's insurance wallet in favor of the service provider or the purchasing customer, provided that this deduction from the driver's insurance wallet does not settle the claim for amounts exceeding the total insurance amount if it does not cover the full value of the products and/or goods. The service provider transfers the value of the products and/or goods held as a guarantee to the seller, i.e., the merchant/store customer.
5-6-9. The driver accepts and agrees to the service provider's right to claim any dues, settlements, or compensations for any damages resulting from the cancellation of the delivery service.
6-6-9. The user accepts and agrees to the service provider's right to claim any dues, settlements, or compensations for any damages resulting from the cancellation of the delivery service.
7-9- Delivery Service Restrictions: -
1-7-9. Users are prohibited from displaying or delivering products and/or goods that are prohibited from display and/or transportation under national regulations and laws, including but not limited to the categories listed in the table below: -
No. | Categories | Examples of Products and Items |
---|---|---|
1 | Alcohol | Beverages referred to as spirits, intoxicating, wine, champagne, intoxicating beer, and/or those containing alcohol, etc. |
2 | Animals and Prohibited Species | Beverages referred to as spirits, intoxicating, wine, champagne, intoxicating beer, and/or those containing alcohol, etc. |
3 | Pornographic Materials | Pornographic materials or those that may constitute sexual exploitation of children. |
4 | Materials and Applications Protected by Intellectual Property Rights | Illegal copies of books, music, movies, and any other licensed and protected materials, including copies that infringe on intellectual property rights, illegal copies of applications, software, video games, and any other licensed and protected materials such as original applications, software packages, or other products that enable sending anonymous emails. |
5 | Counterfeit and Illegal Goods | Counterfeit goods or designs, unsigned materials from celebrities that usually require such signatures, forged signatures, currencies, stamps, and other goods that may be illegal. |
6 | Devices and Mechanisms Used to Bypass and/or Hack Technical Protection | Any chips or devices used to bypass technical protection on digital devices, including iPhone unlocking devices. |
7 | Drugs and Drug Paraphernalia | Prohibited substances, illegal drugs, and illegal drug preparation equipment, including herbal pills like Salvia and magic mushrooms, and substances that promote the use of such products; or legal substances like plants and herbs in a manner that requires ingestion, inhalation, or extraction of any illegal substances that have the same effect as drugs or illegal substances or claim health benefits without proof or evidence. |
8 | Gambling and Gaming | Lottery tickets, sports betting, memberships to online gambling sites, and any content related to that. |
9 | Hacking Materials | Guides, instructions, information, and requirements that violate the law through sabotage or allow illegal access to applications, software, servers, websites, or other protected properties. |
10 | Human Organs | Human organs or any body parts, fluids, stem cells, and embryos. |
11 | Illegal and Stolen Goods | Materials, products, and information that promote illegal goods or enable the execution of illegal actions; goods that you do not own or do not have the right to sell; goods produced by infringing on the intellectual property rights of others; smuggled goods and goods that violate import and export regulations and embargoes; vehicles subject to transportation restrictions; goods registered in public records (such as real estate) that require official procedures that cannot be completed online. You and the customer are fully responsible for verifying that all materials you sell are legal and authorized. |
12 | Illegal Communication Equipment | Devices designed to capture satellite signals and cables for free, cable broadcast decoding devices, encryption cards, encryption card programming devices, and illegal products used to modify mobile phones and other equipment that is considered illegal under the regulations of the Communications Authority or any regulatory body in the country where those goods are displayed. |
13 | Unproven Medications | Treatments and medications that are unproven or marketed as quick and effective solutions to health problems. |
14 | Inappropriate Goods | Goods, materials, literature, products, or any other materials that: -
|
15 | Aggressive and Criminal Goods | Scenes, images, and materials related to crimes, such as personal belongings associated with crimes or criminal actions. |
16 | Precious Materials | Bulk sales of rare or precious metals and stones without a license or in violation of the quantities allowed under national regulations and laws. |
17 | Cultural Materials and Protected Handicrafts | Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, or prohibited from sale, export, or transfer of ownership under law; handicrafts, cave formations, and materials related to tombs and protected under federal law, such as the 1988 Cave Resources Protection Act and the American Graves Protection Act; any cultural materials and/or handicrafts protected from sale or circulation under international law and/or national regulations and laws. |
18 | Fireworks and Hazardous Materials | Fireworks and related goods that are considered toxic, flammable, or radioactive in the markets where they are sold, and materials such as gunpowder, explosives, gasoline, and propane tanks. |
19 | Controlled Goods | Airbags; batteries containing mercury; Freon and similar refrigerants; chemical and industrial solvents; medical procedures; car license plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides; fitness equipment and electrical stimulators; recovered materials; inspection and surveillance equipment primarily used for illegal eavesdropping on oral or electronic communications or enabling illegal eavesdropping on individuals and recording their calls; goods controlled by the government or any other authorities. |
20 | Traffic Authority Devices | Radar jammers, license plate covers, traffic signal changers, and other related products. |
21 | Weapons | Weapons, ammunition, and any other materials, including but not limited to, weapons, concealed knives, hard-to-detect weapons, weapons that take the form of art pieces, silencers, ammunition cabinets, light machine guns, and tear gas. |
22 | Bulk Currency Sales | Discounted currencies or currency trading and currencies backed by precious metals or digital currencies prohibited under national regulations or laws. |
23 | Delivery to Children in Primary or Middle School or Below | We reserve the right to refuse service to all children under the age of eighteen. Additionally, the service provider reserves the right to refuse delivery to any location inside or around primary or middle schools. |
10- Insurance Coverage for Delivery Service: -
1-10- If the value of the products and/or goods is five thousand Saudi Riyals or less, the driver can access and provide the service through "Yseer App" without insurance coverage in the insurance wallet.
2-10- If the value of the products and/or goods exceeds five thousand Saudi Riyals, the driver must, through "Yseer App," insure them for an amount equivalent to half their value through the wallet within the app. *For example, if the driver's insurance wallet in the app contains six thousand Saudi Riyals, the driver can deliver products and/or goods with a value of up to twelve thousand Saudi Riyals.
3-10- If the value of the products and/or goods exceeds twenty thousand Saudi Riyals, the service provider may require the driver to provide additional requirements, including submitting an electronic promissory note through the "Nafith" platform, which must be payable upon sight and bear the phrase (the bearer of this document has the right to recourse without expenses, protest, or notice) for an amount determined by the service provider when responding to the request submitted by the driver to the relevant management team of the service provider "Yseer App."
4-10- The service provider may and has the right to require the driver to provide some additional requirements that may differ from those mentioned in the previous paragraph above, including submitting an insurance policy from one of the insurance companies and/or otherwise.
11- Service Fees, Wallet, Payment, Financial Receipts, Payment Processing, and Invoices: -
1-11- Service Fees: -
1-1-11- The merchant customer agrees and accepts that using the store service to display products and/or goods imposes fees of two and a half percent in favor of the service provider, and this percentage is due from the value of the products and/or goods sold by the merchant customer and is deducted from the amounts collected from the purchasing customer.
2-1-11- The driver agrees and accepts that using the delivery service imposes fees of fifteen percent in favor of the service provider, and this percentage is due from the value of the delivery service and is deducted from the amounts collected from the purchasing customer.
3-1-11- The purchasing customer agrees and accepts that using the purchase service through the app may impose a fee of one Saudi Riyal per transaction in favor of the service provider.
4-1-11- All fees are final and non-refundable, unless the service provider specifies otherwise in writing.
5-1-11- The service provider "Yseer App" reserves the right to create and/or cancel and/or review and/or modify the fees for any or all of the services obtained through the use of "Yseer App" at any time at the service provider's sole discretion.
6-1-11- The service provider may increase or reduce the applicable service fees at any time at its sole discretion.
7-1-11- The service provider "Yseer App" will make reasonable efforts to notify the customer of any fees that may apply due to compensations and/or settlements and/or otherwise, and the customer is responsible for paying those fees incurred in their account.
8-1-11- The service provider "Yseer App" may, from time to time, provide some users with promotional offers and discounts, which may result in varying fee amounts paid to obtain the same services.
2-11- Wallet, Payment, and Financial Receipts: -
1-2-11- To provide a secure and guaranteed experience for the user and to enable them to easily track their financial transactions through "Yseer App," we provide the "Wallet" service, through which the user can add a cash balance to their wallet account via "Yseer App," allowing them to use the wallet services to pay for purchases and/or pay for delivery services and/or recharge the wallet and/or insurance coverage.
2-2-11- The user can request to withdraw the available balance for non-reserved amounts.
3-2-11- Payment transactions are conducted electronically through "Yseer App" using one of the payment methods specified in the user's account, after which the user can view the financial receipts through the app and/or the service provider "Yseer App" may send a copy of the financial receipts to the user via email, if available.
4-2-11- If the primary payment method designated by the user in the account is expired, invalid, or cannot be used for payment, the user agrees that the service provider, as a limited collection agent for payments on behalf of the merchant/store customer and/or the driver and/or any third-party service provider, may use the secondary payment method in the user's account, if available.
5-2-11- The service provider "Yseer App" does not allocate any portion of payments as a gift or tip to any driver from third-party service providers, and tips are "voluntary" and "not mandatory" in the payments made. The customer acknowledges and agrees that they have full discretion to make additional payments as tips to any driver from third-party service providers through "Yseer App," but they are not obligated to do so, as tips are paid voluntarily after receiving the services and are subject to the provisions of this Terms and Conditions agreement.
6-2-11- The users authorize the service provider "Yseer App" as a collection agent for payments, and the service provider "Yseer App" has the right, at its sole discretion, to deduct from those amounts the value of the service fees and/or any other amounts according to this agreement in favor of the service provider and/or third parties and/or the party designated by the service provider.
7-2-11- The user agrees and accepts that the service provider "Yseer App" receives payments for the sales transaction of products and/or goods as a guarantee, with the service provider "Yseer App" acting as a collection agent for payments on behalf of the original merchant/store customer. After the purchasing customer receives the products and/or goods and after processing the payments upon the request submitted by the merchant/store customer, the service provider "Yseer App" transfers the financial value of those products and/or goods to the merchant/store customer's wallet via "Yseer App."
8-2-11- The driver agrees and accepts that the service provider receives payments for the delivery service as a guarantee, with the service provider "Yseer App" acting as a collection agent for payments on behalf of the original driver. After the purchasing customer receives the products and/or goods and after processing the payments upon the request submitted by the driver, the service provider "Yseer App" transfers the financial value of the delivery service to the driver's wallet via "Yseer App."
9-2-11- The merchant/store customer and the purchasing customer agree and accept that the service provider "Yseer App" may deduct any amounts from the wallet for the value of any dues, settlements, or compensations for any damages resulting from the use of the service.
10-2-11- The driver agrees and accepts that the service provider "Yseer App" may deduct any amounts from the wallet for the value of any dues, settlements, or compensations for any damages resulting from the use of the service.
3-11- Payment Processing: -
1-3-11- To submit a request to withdraw any amounts, whether balance and/or profits, the user must provide correct IBAN bank account details registered in the user's name at the National Commercial Bank.
2-3-11- The user is not entitled to request the withdrawal of any reserved amounts in the wallet for the purpose of guaranteeing the value of purchasing products and/or goods and/or services and/or delivery service and/or insurance coverage and/or any services the customer is in the process of completing.
3-3-11- The user is not entitled to request the withdrawal of any reserved amounts in the wallet due to a dispute request submitted by the purchasing customer for return and/or cancellation in accordance with the policy of this Terms and Conditions agreement.
4-3-11- The merchant customer agrees and accepts that the service provider "Yseer App" has sole discretion in accepting or rejecting any purchasing customer's dispute request and agrees to transfer any amounts due to that purchasing customer, such as transferring from the merchant customer's wallet to the purchasing customer's wallet, in accordance with the policy of this Terms and Conditions agreement.
5-3-11- The user is not entitled to request the withdrawal of any added and/or earned amounts in the wallet through promotional codes and/or vouchers and/or any rewards program and/or compensations to their bank account.
6-3-11- The user agrees that the service provider may deduct and/or settle any amounts added to the user's wallet through promotional codes and/or vouchers and/or any rewards program in accordance with the policy of these terms and conditions or the supplementary terms of those promotional codes and/or vouchers and/or any rewards program.
7-3-11- The review period for approving the verification of bank accounts for the purpose of withdrawing balance and/or profits is a minimum of ten official working days, and this period may be extended.
8-3-11- The review period for approving and executing withdrawal requests for balance and/or profits submitted to the service provider "Yseer App" is a minimum of ten official working days, and this period may be extended.
9-3-11- If the request is completed in a period shorter than the period mentioned in the previous paragraphs above, this does not constitute a change to this agreement and does not grant the user the right to demand the settlement and/or processing of other requests in the same manner.
4-11- Invoices: -
1-4-11- The user agrees and accepts that their use of the services is subject to value-added tax and any other applicable taxes according to national regulations and laws.
2-4-11- The service provider "Yseer App" issues a tax invoice or a simplified tax invoice, which includes the value of the fees deducted in favor of the service provider "Yseer App" for the services provided.
3-4-11- The service provider "Yseer App" does not issue any invoices on behalf of the merchant/store customer for the products and/or goods subject to the sales transaction.
4-4-11- The service provider "Yseer App" does not issue any invoices on behalf of the driver for the delivery service.
5-4-11- The original merchant/store customer and primary supplier of the products and/or goods is obligated, according to national regulations, to issue an invoice or tax invoice or simplified tax invoice for the products and/or goods sold to the purchasing customer (final) and the merchant/store customer is obligated to enable the driver to photograph it and provide a copy to the purchasing customer (final) for review.
6-4-11- The service provider "Yseer App" is not responsible for the failure to issue invoices by the merchant/store customer or the issuance of incorrect or inaccurate invoices or the provision of incorrect data.
7-4-11- The service provider understands that the original merchant/store customer and primary supplier of the products and/or goods are persons registered or unregistered in value-added tax based on the tax identification number and/or a copy of the value-added tax registration certificate attached to the store's data through "Yseer App."
12- Warranty, Replacement, Return, and Cancellation: -
1-12- Warranty: -
1-1-12- The service provider "Yseer App" does not provide any warranty and/or warranties for any products and/or goods and/or any services provided through "Yseer App." The service provider's role is limited to providing a guarantee for the sales process only by temporarily holding the value of the sale until the purchasing customer receives the sold products and/or goods and ensures that they match the description provided by the merchant/store customer, i.e., the seller, in their store in "Yseer App," according to the service provider's management policy governed by these terms and conditions, which must be interpreted in accordance with the regulations of the Kingdom of Saudi Arabia.
2-12- Replacement and Return: -
1-2-12- The service provider "Yseer App" does not provide the possibility of replacing products and/or goods sold through the app.
2-2-12- The service provider "Yseer App" does not provide the possibility of returning products and/or goods sold through the app if they are perishable, such as food products. The right to describe products and/or goods as perishable is at the sole discretion of the service provider "Yseer App."
3-2-12- The purchasing customer can submit a dispute request to the service provider "Yseer App" to return any products and/or goods purchased from one of the merchant customers' stores in "Yseer App" after review, verification, and approval by the service provider "Yseer App" of the dispute request submitted by the purchasing customer, including but not limited to the following cases:-
1-3-2-12. If the product and/or good does not match the description and/or images displayed in the advertisement in the merchant customer's store and/or differs from what was previously agreed upon between the purchasing customer and the merchant/store customer, provided that the dispute is submitted to the service provider within a period not exceeding twenty-four hours from the purchasing customer's receipt of the product and/or good. The service provider reviews the dispute request, and its acceptance or rejection is subject to the service provider's discretion, provided that the product and/or good is not perishable, such as food products and/or goods.
2-3-2-12. If the product and/or good is damaged or defective with damage or a defect not mentioned in the advertisement and/or images displayed in the advertisement in the merchant customer's store.
4-2-12- The return policy outlined above does not apply, and the customer's right to request a return is forfeited, and the products and/or goods are considered accepted in the following cases: -
1-4-2-12. Any product and/or good that has been used and/or installed by the purchasing customer.
2-4-2-12. Any product and/or good used by the purchasing customer and/or damaged and/or removed any of its labels and/or was not in its original condition at the time of purchase in any way.
3-4-2-12. If the purchasing customer delays in receiving the products and/or goods from the driver for more than twenty-four hours.
5-2-12- If the service provider issues a preliminary acceptance of the dispute request for the purpose of return, the purchasing customer is obligated to complete the following procedures:
1-5-2-12- Re-deliver and transport the product and/or good subject to the return request to the merchant/store customer's location from which the product was transported to the purchasing customer, and the purchasing customer bears the cost of that delivery and transportation. If the merchant/store customer provided the delivery service for the products/goods to the purchasing customer free of charge, the cost of re-delivering and transporting the returned products/goods to the merchant/store customer's location is borne by the merchant/store customer, provided that the delivery location of the returned products/goods is the same as the pickup location by the purchasing customer at the time of the purchase request. If this is not the case, the delivery and transportation of the returned products/goods are borne by the purchasing customer.
2-5-2-12- If the purchasing customer does not re-deliver the products and/or goods as outlined in the previous step above within a period not exceeding twenty-four hours from the time of the service provider's preliminary acceptance of the dispute request, the purchasing customer forfeits their right to request a return and is considered to have withdrawn from the dispute request and accepted the product and/or good in its current condition.
3-12- Cancellation: -
1-3-12- The purchasing customer cannot cancel the purchase order and/or recover the paid amount after payment is completed, except in the following cases, including but not limited to: -
1-1-3-12- If the merchant/store customer announces that the stock of the product and/or good has run out.
1-1-3-12- If the merchant/store customer announces that the stock of the product and/or good has run out.
2-1-3-12- The merchant/store customer's failure to deliver the product and/or good to the driver after the full waiting period has elapsed from the driver's arrival without receiving the product and/or good from the merchant/store customer.
3-1-3-12- If the purchasing customer does not receive the product and/or good due to loss, damage, or failure to deliver it within a period exceeding twenty-four hours from the specified date and time for delivery.
2-3-12- The merchant/store customer, i.e., the seller, is not entitled to withdraw from the sale after the purchasing customer completes the payment, but they may cancel the sales transaction, provided that the seller bears sole responsibility for the cancellation by providing reasons and the service provider "Yseer App" accepting those reasons, including but not limited to if the merchant/store customer announces that the stock of the product and/or good has run out.
13- Disclaimer, Limitation of Liability, and Indemnification:-
1-13- Disclaimer: -
1-1-13- The service provider "Yseer App" is not a guarantor and/or responsible in any way for the products and/or goods displayed by the merchant/store customer, i.e., the seller, and/or their safety and/or compliance with the relevant national regulations and laws.
2-1-13- The service provider "Yseer App" is not a guarantor and/or responsible in any way for the content of any descriptions and/or statements and/or disclosures and/or images displayed in the advertisement by the merchant/store customer, i.e., the seller, and does not guarantee the accuracy of their reflection on the reality of the products and/or goods in the advertisement.
3-1-13- The service provider "Yseer App" is not a guarantor and/or responsible in any way for the delivery service provided by external, independent collaborating drivers with the app, nor for the safety of the transportation process or its quality.
4-1-13- The services are provided as-is and as available. The service provider "Yseer App" disclaims all representations and warranties, express or implied or not expressly stated in these terms and conditions, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, "Yseer App" does not make any representations or warranties or guarantees regarding the reliability, accuracy, timeliness, quality, suitability, or availability of the services or any of them or the goods or products while using these services or regarding the uninterrupted operation of the services or their freedom from errors.
5-1-13- The service provider does not guarantee the quality, suitability, safety, or ability of third-party service providers.
6-1-13- The customer agrees that all risks arising from their use of the app or the services or any of the services or products and/or goods requested in relation to this use remain solely with the customer to the maximum extent permitted by the applicable system or law.
2-13- Limitation of Liability: -
1-2-13. The service provider shall not be liable for indirect, incidental, special, consequential, or punitive damages, including (God forbid) loss of profits, data loss, personal injury, or property damage related to or resulting from the use of the services, even if the customer has been informed of the possibility of such damages.
2-2-13. The service provider "Yseer App" shall not be liable for any damages, liabilities, or losses that may arise from the following: -
1-2-2-13. The customer's use of the services or reliance on them or inability to access or use the services.
2-2-2-13. Any commercial transaction or relationship between the customer and any third-party service provider, even if the service provider "Yseer App" has been informed of the possibility of such damages.
3-2-2-13. The service provider "Yseer App" shall not be liable for delays or failures in performance resulting from causes beyond the reasonable control of the service provider "Yseer App."
4-2-2-13- The customer acknowledges and agrees that third-party transportation service providers who provide these requested services through some types of orders may provide shared transportation services for other shipments while providing peer-to-peer transportation services, and that they may not be professionally licensed or authorized. In no event shall the service provider "Yseer App"'s total liability to the customer in relation to the services exceed five hundred Saudi Riyals (500) for all damages, losses, and causes of action.
3-13- Indemnification: -
1-3-13. By using the app or any of the services, the customer agrees to indemnify and/or hold harmless the service provider "Yseer App" and any of its subsidiaries or licensed entities, its officers, directors, employees, agents, and attorneys from all claims, demands, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from or related to the following: -
1-1-3-13. The customer's use of the services or goods or products obtained through the app.
2-1-3-13. Non-compliance, violation, or breach of any of these terms and conditions.
3-1-3-13. Misuse of "Yseer App."
4-1-3-13. Violation of the rights of others or any third parties, including third-party service providers or those who may join Yseer App.
14- Effect of Invalidity of One or More Clauses or Provisions: -
1-14- The invalidity of any clause or provision, partially or wholly, of these terms and conditions does not affect the validity and enforceability of the remaining clauses or provisions contained herein.
2-14- In the event that any (clause or provision) in this Terms and Conditions agreement is deemed illegal, invalid, or unenforceable, in whole or in part, under Saudi regulations or national laws, such (clause or provision) or part of (clause or provision) shall be deemed not part of this Terms and Conditions agreement without affecting the legality, validity, or enforceability of the remaining (clauses or provisions) in this Terms and Conditions agreement. In such a case, that (clause or provision) shall be replaced by the illegal, invalid, or unenforceable part (with a clause or provision) that is legal, valid, and enforceable, provided that it has a similar effect to the maximum extent possible (to the clause or provision) with the illegal, invalid, or unenforceable part, taking into account the content and purpose of this Terms and Conditions agreement.
15- Assignment: -
1-15- The service provider "Yseer App" reserves the right to assign or transfer any or all of the rights and obligations stipulated in this Terms and Conditions agreement to any third party.
16- Comprehensiveness and Finality of the Agreement: -
1-16- This Terms and Conditions agreement is the complete, comprehensive, and final agreement between its parties and supersedes all prior correspondence and/or negotiations and/or promises and/or commitments and/or agreements, whether oral or written, between the parties regarding the subject matter of this Terms and Conditions agreement.
17- Governing Law: -
1-17- The provisions of this agreement are governed by the national regulations and laws in force in the Kingdom of Saudi Arabia.
18- Designation of the Competent Arbitration Authority to Consider and Resolve Disputes, Disagreements, or Claims: -
1-18- Any dispute, disagreement, or claim arising from this agreement and/or any of its appendices, or from its breach, termination, or invalidity, (including non-contractual obligations arising from the services) shall be settled amicably through friendly negotiation. If the dispute is not settled amicably within (60) sixty days from the date of receipt of a written letter expressing the desire for an amicable settlement by the service provider "Yseer App" or the user, the user and the service provider "Yseer App" agree to settle the dispute through mediation by the Saudi Center for Commercial Arbitration (hereinafter referred to as the "Center") in accordance with the mediation rules adopted by the Center.
2-18- If the dispute is not settled within sixty (60) days following the submission of the mediation request to the Center, the user and the service provider "Yseer App" agree to settle the dispute and resolve it finally and exclusively through arbitration by the Center in accordance with its adopted arbitration rules.
3-18- The user and the service provider "Yseer App" agree to appoint a single arbitrator (1), and the seat of both mediation and arbitration shall be the city of Riyadh, and the language of mediation and/or arbitration shall be Arabic.
4-18- The user and the service provider "Yseer App" agree that the fact, existence, and content of the dispute and the mediation and arbitration procedures, including but not limited to, the documents and memoranda submitted, the correspondence to and from the Center, the correspondence from the mediator, the correspondence, orders, and decisions issued by the sole arbitrator, shall remain strictly confidential and may not be disclosed to any third party without the express written consent of the other party to the dispute, unless: (1) the disclosure to the third party is reasonably required in the context of the mediation or arbitration proceedings; and (2) the third party agrees in writing without condition to be bound by the confidentiality and non-disclosure obligations set forth in this Terms and Conditions agreement and its appendices.
5-18- The mediation and arbitration rules and procedures adopted by the Saudi Center for Commercial Arbitration can be viewed by visiting the Center's website at the following link: https://www.sadr.org/home?lang=ar