**Terms and Conditions**

**Date: 04/06/2024**

These terms and conditions represent an official agreement ("Contract") between the Juaan application and the customers using the application.

**Description:**
Juaan is an electronic platform providing services through mobile applications, generally marketing on behalf of restaurants for their products and ongoing offers. This platform, Juaan, displays a list of participating restaurants and the items they sell, along with the available prices.

The application serves as a means to connect the customer with the restaurant, providing a convenient way to place orders. It also provides a number of cooperating drivers ready to deliver the orders for a fee collected from the customer.

As the application acts as a marketer, it includes services such as collecting and accepting payments from customers on behalf of the restaurant and the driver. All services sold through the application are not provided directly by the application but by the participating stores registered in the application. All other matters, including but not limited to taxes, are the responsibility of the participating stores.

If a customer places an order through the application, they are obliged to respond and are responsible for the order and its receipt. If they wish to modify or cancel the order, they must contact the participating store for coordination. The customer has the right to cancel if the store has not started preparing the order, provided the restaurant agrees. No request to cancel the order is considered after the order is sent unless the restaurant agrees, and the cancellation is done by calling the restaurant directly.

All items and their availability are dependent on the participating store. Based on the availability of items, the store has the right to add, modify, or change the item and its price according to their policy.

The application's role is limited to mediating between the customer and the restaurant for delivery only, without responsibility for the product's components.

In case of a discrepancy between the prices listed in the application and the invoice issued by the restaurant, the invoice issued by the restaurant prevails. The difference must be clarified and proven to the customer. If the customer does not agree to pay the price difference, they are obliged to pay only the amount shown in the application.

By using the services provided by the Juaan platform, you agree to this contract and its terms. Therefore, you should not use the platform if you do not agree to the terms and conditions in this contract.

The application reserves the right to modify or change these terms and conditions without prior notice. It is your responsibility as a user to periodically review the usage terms and conditions to know the updates, either through the application itself or the official website. We also recommend reviewing our privacy policy to understand how Juaan uses the information provided by platform users.

**Eligibility for Services:**

You acknowledge and warrant the following:
- You have full power and authority to enter into a contract and are not violating any law or contract, and you have no prior criminal records, arrest warrants, or claims with security agencies.

**Commitments and Warranties:**

You acknowledge and warrant that you will:
- Comply with all applicable laws and regulations in the Kingdom of Saudi Arabia.
- Provide accurate and up-to-date information to the Juaan application and update it periodically.
- Review and comply with any notices sent through the Juaan application regarding your use of the services provided by the Juaan platform.
- Use the service or platform for lawful purposes only and will not use the services to purchase or receive any illegal materials or with the intent to defraud.
- Not use the service or platform to cause harm, harassment, or annoyance to anyone.
- Agree to share information between companies within the platform regarding your completed transactions and evaluate your interactions.
- Not disrupt the proper operation of the Juaan platform.
- Not attempt to harm the service or platform in any way.
- Not copy or distribute the platform or other contents without written permission from Juaan.
- Keep your account password or any identification means we provide to access your account secure and confidential.
- Provide us with all evidence that proves your identity at the discretion of Juaan.
- Juaan reserves the right to refuse service or use of the platform without giving reasons.
- Juaan grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use our services for personal purposes (not for commercial purposes, for example) under this contract. Therefore, you must:

As part of Juaan's shipping policy, users and couriers are prohibited from purchasing, delivering, sending, receiving, or accepting the following categories of materials and products, and you must allow Juaan to open any shipment to ensure its safety and compliance with the terms. It is also prohibited to transport any materials that the laws of the Kingdom of Saudi Arabia do not allow to be traded or transported. If you do so, you bear full responsibility for it. These categories include, but are not limited to: alcohol, prohibited animals and species, pornography, drugs and their equipment, aggressive and criminal goods, goods subject to certain controls, traffic authority equipment, weapons, delivery to children in primary or middle school, or taxi services.

**Violation of Usage Policy:**

Juaan reserves the right to take any available remedies for any violation of the shipping policy, including, but not limited to, blocking access to Juaan's services and programs.

**Payment:**

Juaan reserves the right to impose new or additional fees for the use of the platform or service, or both. If Juaan decides to impose new fees, you have the right to accept or refuse.

You must pay for services and purchases to the service provider in cash or through approved electronic payment methods immediately after the service is provided to you, with the option to pay during service provision. You alone bear the legal responsibility for not paying for services and purchases upon receipt.

Juaan has the right to block the customer if the service fee is not paid or the purchases are not received from the service provider. Juaan has the right to remove or not remove the block until the service fee is paid.

The customer can request the service and choose the payment method that suits them. As the application is an intermediary and provides a platform for restaurant transactions, the driver collects the order amount if paid in cash on behalf of the restaurant.

If there is a shortage in the order, the participating store has the right to resend the missing item or send a (discount code) of the same value for the customer to use in future orders.

If the customer requests the service through (electronic payment methods), they have the right to a full refund if it is confirmed that the order was canceled by the restaurant and not received by the customer. The customer has the right to request a refund within 48 hours of placing the order if it is not done automatically. Canceled orders are sent for refund automatically by the system. The customer can contact technical support to confirm that the refund request has been successful and that there is no fault in the process. The time required for the refund depends on the card-issuing bank, and it may take from one day to 20 business days. If the amount does not reach the customer within this period, the customer can contact us to check the status of the request. If the refund request was successful, the customer should contact the issuing bank to inquire about the transaction.

As the services provided by the application generally include food, the customer has no right to return or cancel the order or get a refund upon receipt. If there is a defect or damage in the food or service delivered, the customer must contact the restaurant to request compensation to allow the restaurant to verify the validity of the customer's claim. The restaurant can then directly compensate the customer or send a refund request to the application's management, which will refund the amount to the customer. The participating store is responsible for directly compensating the customer.

**Pricing Policy:**

The delivery service price is determined automatically in the application, and if there is a justified reason for changing the price, such as the inaccuracy of the customer's location, the courier has the right to request a price adjustment with justifiable reasons.

**Indemnification:**

By agreeing to these user terms and using the platform or service, you agree to defend and indemnify Juaan and its affiliates, licensors, officers, directors, employees, lawyers, agents, and other users from any claims, costs, damages, losses, liabilities, and expenses (including attorney fees and costs) arising out of or related to:

- Your violation or breach of any term of these user terms or any applicable law or regulation, whether referenced in these terms and conditions or not.
- Your violation of any third-party rights, including service providers regulated by the platform.
- Your use or misuse of the platform or service.

**Legal Responsibility:**

The information, recommendations, services, or any of them provided to you on or through the website, service, or platform are for general information purposes only and do not constitute any advice. Juaan will maintain, as much as possible, the accuracy and update of the site, platform, and its contents, but does not guarantee that the (contents) of the site or platform are free from errors, defects, malware, and viruses, nor does it guarantee the accuracy, correctness, and update of the website and platform.

The responsibility for the quality of services requested using the platform or service lies entirely with the service provider (the courier) who provides you with the service in the end. Juaan does not accept any responsibility related to the services provided by the courier or arising from them, and does not accept responsibility for any acts or behavior or omissions, or all of the above, on the part of the courier. Therefore, any complaints about services should be submitted to the courier.

**Service Modification:**

Juaan reserves the right, at its sole discretion, to do the following at any time:
- Change services or any related materials; and/or discontinue the publication of its services.
- If Juaan decides to discontinue its services, it

 may, at its discretion, replace the services with similar materials.

**Limitation of Liability:**

No offers, advertisements, or competitions not announced on the official Juaan website or through its official social media channels managed by Juaan are valid. You have no right to claim Juaan to implement them. Additionally, Juaan is not responsible for any fraud committed through unofficial offers, advertisements, or competitions conducted in Juaan's name.

**Security:**

You acknowledge that you are solely responsible for the privacy of the services, and you are solely responsible for their use by any other person using your account and/or username, password, or access credentials. You also agree to notify Juaan if you become aware of any loss, theft, or unauthorized use of any password, username, IP address, or any other means of accessing the services.

**Interactions with Third Parties:**

While using the website and application, links to websites owned and controlled by third parties may be provided from time to time to communicate with them, purchase products or services from them, or participate in promotions they offer. These links take you outside the site, platform, and service and are beyond Juaan's control.

While using the website, platform, and service, you may communicate with, buy goods or services, or participate in promotions provided by service providers, advertisers, or sponsors showing their goods or services through a link on the website, platform, or service. These links take you outside the site, platform, and service and are beyond Juaan's control. The websites you can link to have independent terms and conditions and privacy policies. Juaan is not responsible for the content or activities of these websites and cannot be held accountable. Therefore, you bear all risks resulting from visiting or entering these websites.

Please note that these other websites may send their cookies to users, collect their data, or request personal information. Therefore, we recommend checking the terms of use or privacy policies of these websites before using them.

**Contract Duration and Termination:**

When you register through the application and enter your personal data, this constitutes a contract between the parties. The contract between you and Juaan is indefinite. You have the right to terminate the contract at any time by permanently deleting the installed platform on your smartphone, thereby deactivating your use of the platform and service. You can close your user account at any time.

Juaan has the right to terminate the contract immediately at any time (by deactivating your use of the platform and service) if you do any of the following: (a) violate or breach any term of these user terms, (b) if Juaan sees that you are abusing the platform or service. Juaan is not obliged to send prior notice of contract termination.

**Invalidity of One or More Provisions:**

The invalidity of any provision of these user terms does not affect the validity of the remaining provisions contained therein.

If any provision of these user terms is invalid or unacceptable in certain circumstances according to the standards of reasonableness and fairness and to this extent only, a provision should be substituted between the parties that is acceptable considering all circumstances and conforms as much as possible with the invalid provision, considering the content and purpose of these user terms.

**Modification of Service and User Terms:**

Juaan reserves the right, at its sole discretion, to modify any provision of these user terms or replace it, or change, suspend, or discontinue the service or platform (including, but not limited to, providing any feature, database, or content) at any time by posting a notice on the site or sending a notice to you through the service, platform, or email. Juaan may also set restrictions on certain features and services or limit your access to parts of the service or the entire service without notice or liability.

**Notice:**

Juaan may send a notice by sending a general notice about the service or platform, or by sending an email to your registered address in Juaan's account information.

**Governing Law and Dispute Resolution:**

These user terms are subject to and governed by the laws and regulations applicable in the Kingdom of Saudi Arabia. Any dispute, claim, or disagreement arising from or related to these user terms, including their violation, termination, implementation, interpretation, or validity, or the use of the website, service, or platform, is subject to the laws and regulations of the Kingdom of Saudi Arabia and is interpreted accordingly.

**Contact Us:**

If you have any questions about these service provider terms, or the practices of this application, or your dealings with the application, you can contact us through:

Email: hussain@joaan.com.sa
Contact us through the application itself.
Last updated on: June 4, 2024