📜 GENERAL TERMS AND CONDITIONS OF THE "IHTIYAJKOM" PLATFORM
(Full and Detailed Legal Version)
Official Platform Information
Trade Name: Ihtiyajkom
Commercial Register (CR): 7021599175
Country: Kingdom of Saudi Arabia
Nature of Activity: Digital Intermediary Platform (Application and Website)
Effective Date: 2026
Official Language: Arabic
PART ONE: DEFINITIONS AND LEGAL TERMS
1.1 Basic Definitions
For the purposes of interpreting and implementing this document, the following terms shall have the meanings set out below:
Platform: Includes the "Ihtiyajkom" smartphone application, its website, its Application Programming Interfaces (APIs), and all associated digital services, owned and operated by the holder of the Commercial Register mentioned above.
User/Client: Any natural or legal person who registers an account or uses the Platform's services to request or book any service or product offered.
Service Provider/Merchant: Any natural or legal person registered on the Platform to display and sell their services or products to Clients, whether an individual, company, or establishment.
Delivery Representative: An independent individual or legal entity registered on the Platform to provide delivery or field execution services for orders, with no employment relationship existing between them and the Platform.
Order/Booking: Any agreement concluded via the Platform between the Client and the Service Provider or Merchant, involving the purchase of a product or booking of a service in exchange for financial consideration.
Commission: The monetary amounts charged by the Platform in return for providing electronic, technical, and administrative intermediary services, calculated as a percentage or a fixed amount of the Order value.
Featured Promotional Listing: An optional, paid service that allows Service Providers or Representatives to obtain a prominent position in search results or in dedicated sections within the application.
1.2 Interpretation of Terms
Any reference to the singular includes the plural and vice versa.
Headings and separators are for convenience only and do not affect interpretation.
The words "include" or "including" are not to be construed as limiting.
PART TWO: LEGAL NATURE OF THE PLATFORM AND LIMITS OF LIABILITY
2.1 Legal Capacity of the Platform
The "Ihtiyajkom" Platform has the following legal capacity:
Neutral Electronic Intermediary: Acts as a technology platform connecting Clients with Service Providers/Sellers.
Non-Executor of Services: The Platform does not directly provide any services (no delivery, no manufacturing, no facility ownership).
Not Responsible for Quality: Bears no responsibility for the quality, safety, or suitability of any service or product.
2.2 User Acknowledgment of Intermediary Role
The User acknowledges and agrees that:
The direct contractual relationship arises solely between them and the Service Provider/Merchant.
The Platform is not a party to the service provision or sale contract.
Use of the Platform does not create any partnership, agency, or employment relationship between the User and the Platform.
2.3 Comprehensive Disclaimer Clauses
The Platform explicitly disclaims liability for:
Liability for Performance: Any delay, failure, error, or non-execution by the Service Provider or Representative.
Liability for Quality: Non-conformity of the service or product with the description, expectations, or specifications.
Legal Liability: Any regulatory, environmental, or health violations committed by the Service Provider.
Financial Liability: Any indirect financial losses or damages (loss of profits, business opportunities).
Liability for Content: Any incorrect information, images, or descriptions provided by the Service Provider.
Liability for Safety: Any physical or health damages resulting from the use of the service or product.
2.4 Sole Exception to Liability
Potential liability of the Platform is limited only in cases of proven gross negligence or willful misconduct by its actual management, and in all cases:
Maximum Compensation: Does not exceed the value of the Platform's Commission for the Order in dispute.
Burden of Proof: Falls upon the User to prove the direct causal link between the damage and the misconduct.
PART THREE: GENERAL TERMS OF USE AND REGISTRATION
3.1 Eligibility for Use
The User must:
Be 18 years of age or older.
Possess full legal capacity.
Not be prohibited from contracting by any judicial ruling.
3.2 Registration and Authentication
Must provide accurate and complete data matching official documents.
The Platform reserves the right to request identity verification documents.
The User is responsible for updating their data immediately upon any changes.
3.3 Account Management
Complete Confidentiality: The User is responsible for the confidentiality of their login credentials.
Parental Supervision: If the User is a minor, registration must be under the supervision of a guardian.
Non-Transferability: The account cannot be transferred or assigned to any third party.
3.4 Account Suspension or Cancellation
The Platform reserves the absolute right to suspend or terminate any account in the following cases:
Violation of these Terms or Saudi regulations.
Suspicion of fraudulent or illegal activities.
Providing false or misleading information.
Misuse of the service or acting in bad faith.
Harming the reputation of the Platform or its users.
PART FOUR: FINANCIAL SYSTEM AND COMMISSIONS
4.1 Commission Structure
General Services: A percentage of the Order value (specified in the application) - may vary by sector.
Retail Products: A percentage or fixed amount - depending on the product category.
Travel Bookings: A percentage of the booking value.
Delivery Services: A percentage of the delivery fee.
4.2 Commission Characteristics
Non-Refundable: Under any circumstances, even if the Order is cancelled or the service value is refunded.
Pre-Tax: Calculated on the Order value before Value Added Tax (VAT) is added.
Transparent: Displayed to the User before Order confirmation.
4.3 Commission Amendments
The Platform reserves the right to amend the commission structure at any time.
Notice: Amendments will be announced via the application at least 7 days prior to implementation.
Non-Retroactivity: Amendments do not apply to Orders confirmed before the effective date.
4.4 Financial Settlement for Service Providers
Timeline: Within 3-7 business days from Order completion.
Exceptions: May be delayed in cases of technical faults or official holidays.
Deductions: The Commission and any other agreed fees are deducted.
Reporting: An electronic settlement statement is available.
PART FIVE: ORDER, CANCELLATION, AND REFUND POLICIES
5.1 Detailed Cancellation Policy
5.1.1 Cancellation of Immediate Services (Delivery Orders, Home Services)
Before Service Provider Acceptance (any time): Free cancellation, full refund within 24 hours.
After Service Provider Acceptance (30 minutes before start of execution): 30% deduction of the service value as cancellation fees.
After execution begins (Representative arrives or work starts): No cancellation; service is considered fully rendered.
5.1.2 Cancellation of Scheduled Bookings (Rest Houses, Appointments)
More than 7 days before the date: 100% refund.
Between 3-7 days before the date: 70% refund.
Between 24-72 hours before the date: 50% refund.
Less than 24 hours before the date: No refund.
No-Show: No refund; the booking is considered cancelled, and the Provider retains the full amount.
5.1.3 Cancellation of Physical Products
Before shipping: Free cancellation, full refund.
After shipping: According to the supplier's policy, with the Client bearing return shipping fees.
5.2 Comprehensive Refund Policy
5.2.1 Cases Eligible for Full Refund
Non-Execution: The Service Provider fails to perform the agreed-upon service.
Total Damage: A product arrives damaged and unusable.
Material Difference: The service/product differs materially from its description.
Double Payment: A technical error results in charging the amount twice.
5.2.2 Cases Eligible for Partial Refund
Significant Delay: Delay exceeding 50% of the agreed-upon time.
Partial Damage: A product has a defect but is partially usable.
Partial Non-Conformity: Some service items were not performed.
5.2.3 Cases Not Eligible for Refund
After full execution of the service as agreed.
Digital products after download or access.
Opened or used consumable products.
Completed personal services (e.g., coaching, consultations).
Gift cards and promotional offers, unless the offer states otherwise.
Platform Commission and administrative fees under any circumstances.
5.2.4 Refund Request Mechanism and Processing
Submit Request: Via the support section in the application within 48 hours of the event.
Documents: Submit explanatory photos/videos.
Adjudication: Within 5-10 business days.
Transfer: Within 3-5 business days for electronic methods.
5.3 Settlement of Disputes Regarding Cancellation and Refund
Mandatory Mediation: A friendly settlement must first be attempted through Platform support.
Provisional Assessment: The Platform has the right to make a mediating decision if the parties disagree.
Escalation: If agreement is not reached, either party has the right to proceed to the competent judicial authorities.
PART SIX: SHIPPING AND DELIVERY POLICY
6.1 Division of Responsibilities
Packaging: Merchant/Service Provider - Packaging must be adequate and damage-proof.
Primary Transportation: Shipping company or Representative - according to terms agreed with the Provider.
Shipment Insurance: Merchant (optional) - Merchant bears responsibility for loss or damage if uninsured.
Customs Clearance: Importer (if the Merchant is foreign).
After-Sales Service: Merchant.
6.2 Timeframes
Estimates and Non-Binding: All mentioned delivery dates are for guidance only.
Non-Liability: The Platform is not responsible for any delays due to causes beyond its control.
Acceptable Delay: A delay is considered acceptable if it does not exceed 30% of the stated timeframe.
6.3 Shipping Fees
Non-Refundable after the shipping process has begun.
Address Change: The Client bears additional fees if they request an address change after shipping.
Failed Delivery: If delivery fails due to the Client's fault, they bear re-shipping fees.
6.4 Receiving Goods
Immediate Inspection: Shipment must be inspected upon receipt.
Conditional Receipt: In case of apparent damage, receipt must be refused and the condition documented.
Reporting: Any problem must be reported within 24 hours of receipt.
PART SEVEN: TAX AND REGULATORY OBLIGATIONS
7.1 Value Added Tax (VAT)
Calculation: Merchant/Service Provider - according to the applicable rate (currently 15%).
Addition to Price: Merchant/Service Provider - Prices displayed must include tax, or it must be clearly stated that they do not.
Tax Invoices: Merchant/Service Provider - Must issue a legally compliant tax invoice for each sale.
Declaration and Payment: Merchant/Service Provider - Bears full responsibility before the Zakat, Tax and Customs Authority.
Platform Role: Only collects the Commission - The Platform is not responsible for the Merchant's tax and is not considered a tax agent for them.
7.2 Mandatory Licenses and Regulatory Requirements
7.2.1 General Declaration for Service Providers
Each Service Provider or Merchant registered on the Platform acknowledges and undertakes that:
A. Basic Licenses:
Possesses a valid Commercial Register, Freelance Document, or Productive Families Certificate as per the nature of the activity.
All licenses are valid, not suspended or cancelled.
B. Regulatory Compliance:
Commits to all Saudi regulations relevant to their activity.
Updates their licenses immediately upon renewal.
C. Full Responsibility:
Bears full legal responsibility for any licensing violation.
Exempts the Platform from any legal consequences arising from not holding the required licenses.
7.2.2 Specific Requirements by Activity Type
A. Flatbed Services (Vehicle Transport)
Requirement: Valid vehicle transport license from the competent authorities.
Insurance: The Provider must have valid insurance on the transported vehicle.
Responsibility: The Provider bears full responsibility for safety and damages.
B. Water Sales and Delivery
Potable Water: License from the Ministry of Environment, Water and Agriculture.
Non-Potable Water: Certificate stating no license is required (if applicable).
Testing: Must conduct periodic tests and make them available upon request.
C. Rest House and Chalet Bookings
Tourism License: From the Ministry of Tourism.
Municipal Licenses: According to the facility's location.
Safety Requirements: Must comply with Civil Defense requirements.
D. Food Services
Municipal license for the food establishment.
Health card for workers.
Food safety certificate.
E. Health and Cosmetic Services
Practice licenses for the healthcare practitioner.
Qualified certificates for cosmetic services.
7.3 Penalties for Licensing Violations
Immediate Suspension: Until valid licenses are presented.
Civil Liability: The Provider bears full compensation.
Criminal Liability: Borne solely by the violating entity.
Reporting: The Platform may report serious violations to the competent authorities.
PART EIGHT: SPECIAL SERVICES PROVISIONS
8.1 Featured Promotional Listing
8.1.1 Nature of the Service
Optional and paid service.
Does not affect eligibility for regular Orders.
Does not guarantee an increase in sales or Orders.
8.1.2 Financial Terms
Prepayment: Service fees must be paid before execution.
Non-Refundable: Fees are non-refundable once the campaign starts.
Renewal: Payment must be renewed to continue the service.
8.1.3 Advertiser Obligations
Accuracy of advertising content and non-misleading nature.
Compliance with Saudi advertising regulations.
No infringement of third-party intellectual property rights.
8.1.4 Platform Rights
The right to refuse or remove any advertisement without giving reasons.
The right to modify service terms at any time.
Non-liability for the effectiveness of the advertisement.
8.2 Subscription Services
Auto-Renewal: Unless cancelled 24 hours before renewal.
Non-Refundable: After the subscription period is activated.
Suspension: The Platform has the right to suspend the service in case of violation.
PART NINE: INTELLECTUAL PROPERTY AND MORAL RIGHTS
9.1 Platform Rights
The Platform owns or holds a license to use:
All intellectual property rights for the application and website.
Logos, trademarks, and trade names.
The database, design, and user interface.
9.2 User Content
License: By uploading content, the User grants the Platform a non-exclusive license to display it.
Responsibility: The User is responsible for their content and warrants that it does not infringe upon the rights of others.
Removal: The Platform reserves the right to remove any violating content without notice.
9.3 Third-Party Trademarks
Strictly prohibited to use third-party trademarks without a license.
Full responsibility lies with the Provider/Merchant in case of infringement.
Indemnification: The violator undertakes to indemnify the Platform for any damages.
PART TEN: DATA PROTECTION AND PRIVACY
10.1 Compliance with the Law
The Platform is committed to the Personal Data Protection Law issued by Royal Decree No. (M/19) dated 9/2/1443H.
10.2 Scope of Collected Data
Personal Data: Name, ID number, mobile number, email.
Financial Data: Transaction history, values (without card details).
Technical Data: IP address, device type, usage logs.
Consensual Data: Ratings, reviews, complaints.
10.3 Rights of Data Subjects
Right to Know: To know the data collected and its purposes.
Right to Access: To obtain a copy of their data.
Right to Rectification: To request correction of inaccurate data.
Right to Erasure: To request destruction of data in certain cases.
Right to Object: To object to the processing of their data for marketing purposes.
10.4 Security Measures
Encryption: Use of advanced encryption technologies.
Restricted Access: Limiting access to authorized personnel only.
Backups: Maintaining secure backup copies.
Auditing: Regular review of security measures.
PART ELEVEN: DISPUTES AND JUDICIAL SETTLEMENTS
11.1 Mandatory Amicable Settlement
Phase One: Attempt resolution through Platform support (14 days).
Phase Two: Mediation through the Chamber of Commerce (30 days).
11.2 Jurisdiction
Competent Court: The competent courts in the city of Riyadh.
Applicable Law: The laws and regulations of the Kingdom of Saudi Arabia.
Language of Proceedings: The Arabic language.
11.3 Reimbursement of Legal Fees
If a lawsuit is filed and the Platform's entitlement is proven, the losing party must pay:
Legal fees (up to a maximum of 30% of the claim value).
Judicial expenses.
Statutory interest in case of late payment (if applicable).
PART TWELVE: GENERAL AND FINAL PROVISIONS
12.1 Force Majeure
Force majeure events include:
Natural disasters (floods, earthquakes).
Wars and acts of violence.
Sudden governmental decisions.
General strikes.
Epidemics and health pandemics.
12.2 Amendments
Right to Amend: The Platform reserves the right to amend these Terms.
Notice: Amendments will be announced via the application at least 15 days prior.
Continuation: Continued use after the amendment constitutes acceptance.
12.3 Severability
If any provision is held to be invalid, the remaining provisions remain in full force and effect.
12.4 Notices
Means: Application, email, text messages.
Deemed Receipt: Notices are considered received 24 hours after sending.
12.5 Waiver of Rights
The Platform's failure to enforce any right does not constitute a waiver of that right.
12.6 Entire Agreement
This document constitutes the entire agreement between the parties and supersedes all previous agreements.
📝 FINAL ACKNOWLEDGMENT AND APPROVAL
I acknowledge that I have read these Terms and Conditions in their entirety, understood all its provisions, and agree to them fully and unconditionally. I am aware that this approval is legally binding and creates obligations upon me in accordance with the laws of the Kingdom of Saudi Arabia.
Date: ________________
Electronic Signature: ________________
(Clicking the "Agree" button or using the Platform is considered a valid electronic signature)
Updated version on 4-8-2026
This document is prepared in accordance with the latest Saudi regulations and recommendations of regulatory bodies.
For inquiries: [help@ihtiyajkom.com]
