اتفاقية الاستخدام

Introduction

The Moonaya app, which operates in the activity of website programming and development, registered under freelance work license No. (Fl953696952), welcomes you and informs you that you will find below the terms and conditions governing your use of the Moonaya app and all the legal effects arising from your use of the app's services on the World Wide Web. The use of the Moonaya app by any person whatsoever, whether a Consumer, a Merchant, or otherwise, constitutes their consent and acceptance — while being in their full legal capacity recognized under Sharia, regulation, and law — of all the articles, clauses, and provisions of this Agreement, and is a confirmation of your commitment to its regulations and to what is stated therein. We note to you that the Moonaya app may take the form of (a website, a mobile phone application, or an electronic platform), and this Agreement is deemed valid and effective as soon as you agree to it and begin registering with the Moonaya app.

Article 1 – Introduction and Definitions

1. The preamble above is considered an integral part of this Agreement. Below you will also find the meanings and definitions of the main terms used in this Agreement:
2. Moonaya: this term refers to the Moonaya app, and this definition includes all forms of the Moonaya app on the World Wide Web, whether an electronic application or a website on the World Wide Web.
3. The Merchant: this term refers to every merchant who registers with the Moonaya app to create their electronic Store, whether a natural or legal person, and this definition includes all aspects of the Store as long as they conduct their trade through the Moonaya app, including the Merchant's electronic account.
4. The Store: this term refers to the Store used by the Merchant in the Moonaya electronic app.
5. The Consumer: this term refers to every consumer who purchases the product or service from the Merchant, through the Merchant's electronic Store established via the Moonaya app, and also includes any user who uses the software and has created an event and a gift list.
6. The User: this term refers to the Store, the Merchant, or the Consumer.
7. The Agreement: this term refers to the rules, terms, and provisions for using the Moonaya electronic app, i.e., all the provisions and terms of this Agreement, which govern and regulate the relationship among the parties to this Agreement.
8. The Service Provider: this term refers to the services that the Moonaya app provides to Merchants through third parties. "Providing the services" means merely providing the link between the Merchant and the Service Provider, as the Moonaya app has no authority over and no relationship with the agreement concluded between the Merchant and the Service Provider.

Article 2 – Merchant's Legal Capacity

1. The Merchant acknowledges that they possess legal capacity recognized under Sharia and law, that they are not less than eighteen years of age, as recognized under the laws and regulations in force in the Kingdom of Saudi Arabia (KSA), and that they have sufficient knowledge to create, establish, and manage their electronic Store via the Moonaya app.
2. As an exception to what is stated in clause one (1) of Article Two (2), the Merchant may practice trade if they are under the age of majority recognized in the Kingdom of Saudi Arabia (eighteen years), whereby they undertake to provide proof of their guardian's approval of their establishment of the electronic Store, such as a guardianship deed and a signed approval statement from their legal Sharia guardian, should that be required.
3. The Merchant acknowledges that they have sound capacity and are not affected by any of the impediments to legal capacity.
4. In the event the Merchant registers as an establishment, a company, or any other legal form, then this establishment, company, or legal form registered through them must possess the legal, regulatory, and Sharia capacity necessary to conduct trade activities via the Moonaya electronic app.
5. The Merchant agrees that, in the event of their breach of this Article "Merchant's Legal Capacity," they shall bear the consequences of this breach before Consumers, Users, or third parties, as the Moonaya app has no relation — legally, regulatorily, or under Sharia — with the Merchant's dealings with the Consumer or third parties. The Moonaya app also has the right in this case to hold the Merchant accountable under the provisions of contractual liability, and to demand compensation for the damages that may arise as a result of this breach, including such damages as those affecting the Moonaya app's reputation before other merchants, Consumers, Users, or third parties.

Article 3 – Nature of Moonaya's Obligation

1. The task of the Moonaya app is merely to provide electronic support tools, by establishing the Store, as the obligation of the Moonaya app under this Agreement is only to create the Merchant's electronic Store with the Moonaya electronic app and to make the Store available to Users.
2. The Moonaya app may provide other services to the Merchant or the Store, such as marketing support services or guidance and advisory services, and it may also provide them with electronic payment gateways over the internet. All of the Moonaya app's services are subject to the articles, clauses, and provisions of this Terms of Use Agreement.
3. The Moonaya app may temporarily provide some free services to certain stores, such as the Merchant modifying and changing the appearance, form, or colors of the Store according to their wish. These services are provided by the management of the Moonaya app free of charge, in a limited manner, and are subject to specific and defined restrictions. Should the Merchant wish for additional services, they must contact the technical support of the Moonaya platform to inquire about the offers, package fees, and additional services.
4. All dealings that take place between the Merchant and the Consumer have no relation to the person of the Moonaya app, and the Moonaya app is not responsible for them, as this dealing is an independent contractual relationship subject to the agreement concluded between the Merchant and the Consumer. Accordingly, if the Consumer fails to pay the price of the service or product provided by the Merchant, the Moonaya app has no relation to these violations.
5. All dealings that take place between the Merchant and the Service Providers (third-party services) with whom the Moonaya app provides the link to their services or displays their services for the benefit of the Merchant and the Consumer have no relation to the Moonaya app, as this dealing is a contractual relationship independent of the Moonaya app and subject to the agreement concluded between the Merchant and the Service Provider. Accordingly, if any of the parties defaults, refrains, fails to fulfill the obligations that were agreed upon, or does not perform them in the required manner, the Moonaya app is not responsible for what results from these acts. The Moonaya app is not responsible for any violations that occur or are committed between the Merchant and the Service Provider.
6. You know that the Moonaya app is considered an electronic technical platform on the internet that enables the Merchant who agrees to this Agreement to establish their electronic Store and practice their activity through the Store, and its task ends at this limit. There is not the slightest responsibility on the Moonaya app regarding the violations committed by the Merchant in their Store in breach of the provisions of this Agreement, and the Moonaya store has no relation to the dealings that take place between the Merchant and the Consumer.

Article 4 – Controls for Creating the Electronic Store

1. Every person who possesses the legal capacity recognized under regulation and Sharia may create their Store in accordance with the rules and provisions of the Terms of Use Agreement, and in particular "Article 1 – Merchant's Legal Capacity."
2. The Store established in accordance with the Moonaya platform Terms of Use must not violate the regulations and laws in the Kingdom of Saudi Arabia. The Merchant undertakes to clarify the nature of the business through which they conduct electronic commerce, and the nature of the services or products they provide or sell. The Moonaya app disclaims its responsibility for the Store's violation of the provisions of the regulations in the Kingdom of Saudi Arabia and public morals. The Moonaya app always retains the right to refuse the registration of any electronic Store that does not comply with the laws and regulations in force in the Kingdom of Saudi Arabia or the provisions of this Agreement. Accordingly, the Merchant acknowledges under the provisions of the Agreement that their Store does not violate public order in the Kingdom of Saudi Arabia or Islamic morals.
3. The electronic Store established through the Moonaya app must not violate the rules and provisions of this Terms of Use Agreement. The Merchant also acknowledges that the subject matter of the dealings in the Store does not violate this Agreement and does not violate the regulations and laws applicable in the Kingdom of Saudi Arabia.
4. No person has the right to use the Moonaya app as a Merchant if their membership or Store has been cancelled by the Moonaya app or pursuant to judicial orders or rulings.
5. In the event any Merchant registers as an establishment, a company, or a legal entity, then the registered establishment, company, or entity shall be bound by all the rules and provisions mentioned in the Terms of Use Agreement of the Moonaya app.
6. All Stores and Merchants must comply with all applicable laws regulating commerce over the internet, as well as comply with the Anti-Cyber Crime Law, the regulations of the Ministry of Commerce and Investment, the Electronic Transactions Law, and the E-Commerce Law.
7. All Stores and Merchants must comply with disclosing in the electronic Store the following data: the name and address – the commercial register or the freelance work license – the official means of contact.
8. All Stores and Merchants must comply with clarifying the terms and conditions to the Consumer, and the privacy and confidentiality of information policy, which are deemed to have the force of an electronic contract.
9. All Stores and Merchants must provide the Consumer with an invoice showing the costs of purchasing/providing the service or product, the total price, the date and place of delivery, and the exchange and return policy.
10. All Stores and Merchants who provide certain products or services that require a license from the official authorities must disclose the license and all its data.
11. All Stores and Merchants who hold a commercial register for their establishment must register the electronic store under the commercial register of the establishment in accordance with the regulation.
12. The Merchant acknowledges that, prior to their registration with the Moonaya electronic app, they have verified the availability of all the procedures and requirements required by the official authorities in the Kingdom of Saudi Arabia, and have fulfilled all these procedures and requirements to practice their activity in the Store.
13. All Stores wishing to register with the Moonaya app and to conduct e-commerce activity on the platform must have an existing commercial register or a freelance work license, in addition to fulfilling the other regulatory requirements and issuing the necessary licenses related to merchants' practice of their commercial activities in their electronic stores, such as an Absher account, a bank account with one of the Saudi banks, and a Saudi mobile number.
14. In the event the Merchant applying to join and establish the Store is an individual merchant "natural person," they shall also undertake to verify the requirements required by the official authorities and to provide them according to the nature of the individual merchant's activity, as the individual merchant acknowledges that they are committed to these requirements and committed to providing and preparing them. The individual merchant also undertakes to provide their national identity data in addition to the commercial register or freelance work license data and other necessary information and documents requested by the Moonaya app.
15. In the event the Merchant applying to join and establish their Store represents a commercial establishment, a company, or a legal entity, the Moonaya app must be provided with all the information and supporting documents, such as the commercial register and any other documents of the Store requested by the Moonaya app for registration and to prove the legal personality of the Store.
16. The Store and the Merchant must comply with the registration obligations specified in "Article 5 – Accounts and Registration Obligations," and all the rules and provisions of the Terms of Use Agreement.
17. In the event of non-compliance with any of the above, the management of the Moonaya app has the right to take any of the following measures, which are by way of example and not limitation: warning, suspending the service and closing the Store, or blocking you from accessing the Moonaya app's services again as it deems appropriate. However, the Moonaya app is not legally or under Sharia responsible for this breach committed by the Merchant against the Consumer, as it is not a party to the relationship between the Consumer and the Merchant, but it does so for reasons of improving the quality of the Moonaya app and the merchants present on the platform.

Article 5 – Accounts and Registration Obligations

Upon applying to join the membership of the Moonaya app or applying to create the electronic Store, you are required to disclose specific information and to choose a username and a secret password to use when accessing the Moonaya app's services. After activating your account, you will become a user of the Moonaya app's services, and you will thereby have agreed to:

1. Being responsible for maintaining the confidentiality of your account information and the confidentiality of the password, thereby agreeing to inform the Moonaya app immediately of any unauthorized use of your account information with the Moonaya app or any other breach of your confidential information.
2. The Moonaya app shall under no circumstances be responsible for any loss that may befall you, directly or indirectly, moral or material, as a result of the disclosure of the username or login password information or in the event of misuse of the app.
3. You undertake to use your electronic Store yourself, as you are fully responsible for it. In the event another party uses it, this means that you have authorized them to use the Store in your name and on your account, unless the Store notifies the management of the Moonaya app to the contrary.
4. You undertake, when using the Moonaya app, to use it with all seriousness and credibility, to comply with the rules and provisions of the Terms of Use Agreement, and to comply with the regulatory and legal controls in force in the Kingdom of Saudi Arabia. You are deemed obligated to compensate the Moonaya app for any direct or indirect losses that may befall the Moonaya app as a result of any illegitimate, untrue, or unauthorized use of your account by you or by any other person who obtained the access keys to your account on the platform, whether to perform services using the username and password or as a result of your negligence in maintaining the confidentiality of the username and password, whether with or without your authorization.
5. You undertake to disclose true, correct, up-to-date, complete, and lawful information about yourself as required during registration with the Moonaya app.
6. You undertake to update your personal data with the app in the event it changes in reality, or when needed.
7. You undertake not to include within the username any of your contact details, such as email addresses, your phone numbers, any personal details, or any phrase indicating a personal or commercial relationship between you and the Moonaya app, its affiliates, or its owners.
8. You undertake not to place in your Store anything indicating any direct or indirect relationship between the Store and the Moonaya app, its management, its owners, or its affiliates, as the Moonaya app has no relation to what you do in your Store and is not responsible for your Store's activity.
9. The Moonaya app undertakes to handle your personal information and your contact addresses confidentially in accordance with the provisions of the privacy and confidentiality of information policy in force at the Moonaya app.
10. You are obligated to maintain the registration data and to always update it to keep it true, correct, current, complete, and lawful. If you disclose information that is untrue, incorrect, not current, incomplete, unlawful, or in violation of what is stated in the Terms of Use Agreement, then the Moonaya app has the right to suspend, freeze, or cancel your membership, your Store, and your account on the platform, without prejudice to the Moonaya app's other rights and its lawful means of recovering its rights and protecting the rest of the Users.
11. The Moonaya app has the right at any time to conduct any investigations it deems necessary, whether directly or through a third party, and to require you to disclose any additional information or documents, of whatever size, to prove your identity or your ownership of your funds or of your account.
12. In the event of non-compliance with any of the above, the management of the Moonaya app has the right to suspend or cancel your Store or your membership, or to block you from accessing the Moonaya app's services again. It also reserves the right to cancel any unconfirmed and unverified accounts, or operations or accounts that have gone a long period without activity.

Article 6 – Electronic Communications and Official Means of Contact

1. The Merchant in the Moonaya app agrees to be contacted via email, or through the management of the Moonaya app broadcasting general messages that reach all Users or specific Users upon accessing their accounts within the Moonaya app. The Merchant in the Moonaya app also agrees that all agreements, notices, statements, and other communications provided to them electronically stand in the place of their written equivalents, and are self-standing evidence, in meeting the legal requirements.
2. During the period of your membership and trade on the platform, the Moonaya app will send promotional electronic messages to inform you of any changes, procedures, or new advertising activities that may be added to the Moonaya app.

Article 7 – Amendments to the Terms of Use Agreement and Fees

1. You know and agree that the Moonaya app shall inform you of any amendment to this Agreement, whereby your obligations increase or your rights diminish in accordance with any amendments that may be made to this Terms of Use Agreement.
2. You agree that the Moonaya app has, at its absolute discretion and without bearing legal responsibility, the right to make any principal or subsidiary amendments to this Agreement, and Users shall be informed of this amendment by any technical means provided, which may be via email or by broadcasting a general message to all Users. The Moonaya app provides technical means to show the Store's acceptance of this amendment, and this acceptance is lawful, ignorance-negating, and binding upon the Store to the provisions of the Agreement, including its amendments.
3. In the event of objection to any amendment to the Terms of Use Agreement, this may be an obstacle to accessing the Store, as in order to benefit from the Moonaya app's services one must agree to this Agreement and to any amendment that occurs to it. Therefore, in the event of non-acceptance of the amendment, the Moonaya app hopes that you will cease using its services, as merely accessing your account in the Moonaya app or your use of the Moonaya app is deemed acceptance by you of the amendments and full, complete, ignorance-negating agreement. The Moonaya app is pleased to answer your inquiries regarding this Agreement and to receive any suggestions the Store deems fit.
4. All fees are calculated in Saudi Riyals, and the Merchant must pay all fees due on the platform in addition to any other expenses added by the Moonaya app, provided that payment is made by the approved, specified, and available means through the Moonaya app.
5. Not all packages and offers of the Moonaya app are free for Merchants or Stores, as some of these packages and offers are subject to varying fees.
6. The Moonaya app may impose fees on Merchants or Stores, and this depends on the offers and packages they join or the waybills they use.
7. The Moonaya app reserves the right to add, increase, reduce, or discount any fees or expenses under the rules and provisions of the Terms of Use Agreement, on any of the Users, whatever the reason for their registration.

Article 8 – Payment and Settlement Services for Stores in the Moonaya App

1. The Moonaya app provides, through its partners, the payment and settlement system in the Moonaya app, which may be conducted entirely over the internet through the payment options available on the Moonaya app or through any payment method provided by the Moonaya app from time to time.
2. The Moonaya app may stipulate at any time and in any case whatsoever that payment operations be conducted directly between the Merchant and the Consumer, and through their own bank accounts, and there is then no relation whatsoever for the Moonaya app.
3. The Moonaya app's provision of the online payment service through the app is for the purpose of facilitation and safeguarding the rights of the Merchants and Stores.
4. The Merchant undertakes to set the price of the service or goods that they display in their Store in accordance with the customary market value, and the Moonaya app has no relation whatsoever to any misjudgment of the cost of the products or services displayed in the stores on the Moonaya app, as estimating them in the commercially customary manner is an obligation resting upon the Merchant.
5. The Merchant undertakes to provide invoices and receipt vouchers for all sales arising in their Store, and undertakes to state in all these invoices the type of goods or service, their quantities, descriptions, and value. Accordingly, the Merchant undertakes to provide the required accounting specifications in their electronic Store, in application of the provisions of this Agreement, and for the legal, economic, and commercial interests that this arrangement holds for merchants. In the event the Merchant breaches the provisions of this clause, they shall be responsible for any damages that may arise as a result of this breach.
6. The Moonaya app has the right to prevent the completion of the procedures of any payment operation that violates the rules and provisions of the Terms of Use Agreement, or to cancel any purchase or sale order as a result of a technical or technological error in the platform that led to a difference between the prices displayed on the platform and the market value of the product, including a loss to the Moonaya app, and the Moonaya app does not bear responsibility for those amounts.
7. The management of the Moonaya app has the right to cancel, amend, or change any of the payment means it has made available on the Moonaya app.

Article 9 – Your Personal Information and Transaction Details Information

1. You have no objection to granting the Moonaya app an unlimited, worldwide, permanent, irrevocable, royalty-free, licensed right to use information or personal or other materials that you provided or supplied to the platform or announced on the platform through your joining it or your establishment of your Store, whether via the forms designated for contact and registration, or via any electronic messages or any of the communication channels available on the platform, and this is for the purpose of achieving any of the interests that the platform or the app sees fit.
2. You are solely responsible for the information that you have sent or published, and the role of the Moonaya app is confined to allowing you to display this information through the Moonaya app and through its advertising channels.
3. The confidentiality of the information of Stores and Merchants is subject to the rules of the "Privacy and Confidentiality of Information Policy and Terms of Use Agreement" of the Moonaya app.

Article 10 – The Merchant's Undertaking to Comply with the Laws and Regulations in the Kingdom of Saudi Arabia

1. The Merchant undertakes to comply with all the laws and regulations in force within the Kingdom of Saudi Arabia regarding their products and/or during their use of the Moonaya platform or app, and the laws, terms, and conditions in force governing the use of the internet space, the Terms of Use Agreement, and the privacy and confidentiality of information policy in force at the Moonaya app.
2. In the event any of the Merchants violate what is stated in clause one of Article Ten, they acknowledge the Moonaya app's right to take any of the following measures, which are by way of example and not limitation: warning, suspending the service and closing the Store, returning any amounts pending in electronic payments to the Consumers.

Article 11 – Rights

1. All content present on the Moonaya app, whether electronic or otherwise, written or unwritten, by way of example and not limitation: written and unwritten texts – graphic designs – technical ideas – logos – offers – button icons – symbols – audio clips – compiled data and electronic programs, are the property of the Moonaya app and its rights are reserved to the Moonaya app. No person whatsoever has the right to use them in any form whatsoever, whether direct or indirect use or through a third party.
2. The management of the Moonaya app notes that it will take the necessary action regarding any infringement upon or transgression against any of the Moonaya app's rights or its intellectual property.
3. The Moonaya app does not bear responsibility in the event of infringement upon the intellectual property rights owned by the merchants who are members of the platform or by the Stores registered with it.

Article 12 – Intellectual Property

1. The management of the Moonaya app respects the intellectual property rights of the merchants which they have formed through their stores, whether owned by them before establishing the Store or after establishing it.
2. The Merchant respects the intellectual property rights of the Moonaya app, which include the Moonaya app itself, and the words, logos, and other symbols belonging to the Moonaya app or displayed on the Moonaya app, as the Moonaya app, and every right belonging to the Moonaya app, are rights protected under intellectual property rights and trademark laws and are deemed the exclusive property of the Moonaya app, and under no circumstances may they be infringed upon or used without authorization from the management of the Moonaya app.

Article 13 – The Consumer

Out of the Moonaya app's keenness for the rights of Consumers, and in fulfillment of one of the most important objectives of the Moonaya app in providing a high-quality service to all parties, the Moonaya app hereby clarifies the following:

1. The Consumer, during the completion of purchase operations, provides the Moonaya app with the following information, which is by way of example and not limitation: name – email – phone.
2. The technical systems of the Moonaya app retain the data of Consumers in order to facilitate their access to the platform and their completion of the purchase operations they desire.
3. In the event the Consumer purchases goods by one of the payment methods available on the Moonaya app, and does not receive their goods, or receives goods that differ from the specifications displayed and stated on the Store's page, then the Consumer has the right to notify the Moonaya app, and the Moonaya app has the right to take what it deems appropriate regarding the Store that violated the rules of this Agreement, in accordance with the rules of this Agreement. However, the Moonaya app is not legally or under Sharia responsible for this breach committed by the Merchant against the Consumer, as it is not a party to the relationship between the Consumer and the Merchant, but it does so for reasons of improving the quality of the Moonaya app and the merchants present on the platform.
4. The Consumer may review their purchases before receipt to ensure that they are sound and conform to what was purchased, as the Moonaya app is not responsible for the relationship between the Consumer and the Merchant.
5. The Consumer acknowledges, in an ignorance-negating acknowledgment, that they browse the electronic Store based on their personal wish, and purchase from the electronic Store based on their personal responsibility.
6. The Consumer is aware and understands that the electronic Store possesses an independent legal liability separate from the Moonaya app, as all the electronic stores registered in the Moonaya app have their own electronic commercial register or a freelance work license belonging to the practitioner of e-commerce.
7. The Moonaya app is under no circumstances obligated, pursuant to this Article and this clause, to take any reaction toward the Consumer's complaint. Rather, the platform's reaction to the Consumer's complaint is subject to the sheer will of the Moonaya app and to what the platform deems appropriate, in accordance with the rules of this Agreement, and in a manner that preserves its interest and its commercial and economic reputation. In any case, the Moonaya app may take some measures against the stores that deliberately deceive, mislead, or defraud the Consumer, such as: freezing the Store's membership, drawing the Store's attention not to repeat this matter, or obligating the Store to compensate the Consumer, out of the Moonaya app's desire to preserve and protect the rights of all its Users and registrants.

Article 14 – Moonaya's Liability Before the Consumer and the Merchant

1. The Moonaya app is in no way responsible for any unsatisfactory or delayed performance by the stores, shipping companies, electronic payment gateways, or banks, or the Consumers' failure to pay, nor for any losses, malfunctions, or delays due to unavailable goods, delay in their delivery, or lack of quality of the service provided by the stores.
2. The Moonaya app does not bear any claims arising from errors or negligence, whether resulting directly, indirectly, incidentally, or through a third party.
3. The Moonaya app does not bear any claims or liabilities arising as a result of financial losses, defamation, slander, or any damages arising as a result of misuse, abuse, or inability to use the Moonaya app; the Moonaya app does not bear any liabilities or claims in such cases.
4. The Moonaya app, its officials, its affiliates, or its owners are not responsible for any claim, dispute, costs, damages, any liability, or any direct or indirect loss to any party arising from an act committed by one of the platform's Users.
5. The Moonaya app, its affiliates, its owners, and those who represent it and represent them have no relation to any liability concerning a sound, lawful product permitted under the laws and regulations of the Kingdom of Saudi Arabia that is used for illegitimate and unlawful purposes, and no person or entity has the right to have recourse against the Moonaya app with any lawsuit, claim, or compensation regarding the said misuse, as all the products or services provided in the Moonaya electronic app are provided through the merchants and their stores.
6. The Moonaya app, its affiliates, its owners, and those who represent it and represent them have no relation to any illegitimate or unlawful activity carried out by the Store, or any activity that violates the regulations and instructions in force in the Kingdom of Saudi Arabia, as the responsibility of the Moonaya app is confined only to providing and offering the electronic support tools represented in establishing the electronic Store and the electronic support services that follow from that.
7. The management of the Moonaya app notes to all merchants that, in the event it observes any suspicious activities being planned to be committed, being committed, or that have taken place on the Moonaya platform, it will proceed to report these activities to the competent authorities. It is in no way responsible for these violations that take place without the knowledge or observation of the Moonaya app.

Article 15 – Confidentiality of Information

1. The Moonaya app informs you that the World Wide Web (the internet space) is not a secure means, and the confidentiality of personal information cannot be guaranteed 100% in the internet space.
2. The Moonaya app takes tangible, organizational, and technical standards of high quality to protect Users and Consumers, to prevent an unauthorized person from accessing Users' personal information or their stores, and to preserve it.
3. The Moonaya app has no control over the actions of any third party or others, such as other web pages connected via links to the platform, or third parties claiming to represent you and to represent others.
4. You know and agree that the Moonaya app may use your information that you provided to it, for the purpose of providing services to you on the Moonaya platform and to send marketing messages to you, and that the privacy policy of the Moonaya app governs the operations of collecting, processing, using, and transferring your personal identity information, and the rules of confidentiality of information are subject to the "Privacy and Confidentiality of Information Policy."

Article 16 – Exchange and Return Policy

1. The validity period of purchased user accounts and branches is the same as the subscription's validity period, and when purchasing a user account or branch, the cost of the account will be calculated according to the period remaining for the package subscription.
2. The subscription in the stores' memberships may be temporarily paused for a maximum period of 30 days without fees, provided that the number of pause instances does not exceed once per year.
3. Upon cancelling the subscription to one of the paid packages, you may continue to use the package and benefit from its features until the subscription expiration date.
4. In the event the Store wishes to cancel any package or exchange it, a fee amounting to 10% Riyal including tax will be calculated, in addition to any other fees imposed in order to achieve that, and the subscription cannot be cancelled after the passage of 20 days from the subscription date.
5. Loyalty points balance cannot be withdrawn to your personal account; you may use loyalty points in renewing packages.
6. The maturity date of loyalty points is 14 days after the Merchant uses the coupon.
7. Store design templates cannot be cancelled or exchanged.
8. The Merchant has the right at any time to change or renew "employees – branches" services without refunding any amounts previously paid for the said services.
9. Upon subscribing to a package, you may use it and benefit from its features until the expiration date of the package subscription before you are able to downgrade the subscription to another package.
10. When subscribing to packages using the payment methods available in the app on the iOS operating system, the subscription fees are subject to the costs and requirements of Apple, and the Moonaya platform has no authority over these costs and requirements.

Article 17 – Cancellation of Consumers' Membership or the Electronic Store's Membership

The Moonaya app, in accordance with the Terms of Use Agreement and in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia, may resort to a temporary or permanent suspension of the Store, or the withdrawal and cancellation of the membership of the Merchant or the Consumers, or the limitation of merchants' capabilities to access the Moonaya app's services, in the event of:

1. Violation of the rules and provisions of the Terms of Use Agreement.
2. Verbal or written abuse, assault, or threat by any means whatsoever, whether directly or indirectly, and whether issued by the Merchant, by the affiliates of their electronic Store, or by any of the Consumers, toward the Moonaya app or any of its partners, affiliates, or representatives.
3. If the Moonaya app is unable to verify any of the User information provided to it.
4. If the Moonaya app determines that the User's activities are in violation of the law, or that the User's activities may cause other users or the Moonaya app trouble or legal violations.
5. The Moonaya app may resort, "at its own assessment," to reinstating the activity of suspended Users, as the User whose activity has been permanently suspended or whose membership has been cancelled may not be able to register or restore their account in the Moonaya app or use the platform in any way whatsoever, under any circumstances, until they are permitted to resume their activity in the Moonaya app by the management of the Moonaya app. Nevertheless, in the event the User breaches this Terms of Use Agreement, the Moonaya app reserves its right to recover or claim any amounts due to the Moonaya app from the User and any losses or damages the Merchant caused to the Moonaya app. The Moonaya app also has the right to take legal measures or resort to the judicial authorities in the Kingdom of Saudi Arabia against the User as the Moonaya app deems appropriate.
6. The Moonaya app does not waive its right to take the appropriate measures regarding any violation that occurs to the rules and provisions of the Terms of Use Agreement and other similar acts of violation. Likewise, the Moonaya app is not obligated to take any measures against any violation that occurs to the Terms of Use Agreement; rather, this matter is subject to the discretion of the management of the Moonaya app and its legal department.

Article 18 – Request to Close the Account (Consumer/Store)

1. The Merchant has the right to submit a request to close their Store registered in the Moonaya app's database, and upon submitting the request they must provide certain documents, which are by way of example and not limitation: the closure request signed by the legal representative of the Store.
2. The Moonaya app reserves the right to accept or reject the closure request, and to claim any financial rights or dues owed by the Store.
3. Without prejudice to the provisions of the clauses contained in Article Sixteen of this Agreement, in the event the Merchant or the Consumer submits a request to close their account, they will not be eligible to recover any amounts for any active subscriptions.

Article 19 – Payment, Sale, and Purchase Operations

1. The Merchant undertakes to manage their Store well, in a manner that preserves the Consumer's rights and does not create a dispute between them and the Consumer.
2. The Moonaya app has the right to reject, cancel, or suspend purchase operations, whether payment has been made or not.
3. The Moonaya app notes that it has no relation to any dispute that may arise between the Consumer and the Merchant, and the Moonaya app has no relation to any default committed by the Consumer toward the Store.
4. The Merchant and the Consumer agree and acknowledge that they will not conduct untrue or manipulative purchase operations on the Moonaya app, and will not use an untrue name or any untrue personal information, or use a credit card that does not belong to them without authorization to purchase, as the Moonaya app has the right to take the appropriate legal measures against everyone who conducts fraudulent operations of this kind.
5. All Merchants and all Stores acknowledge, with their full ignorance-negating knowledge, that the management of the Moonaya app, in its transfer of the funds relating to their commercial activities within the Moonaya app, is subject to the authority and powers of the Saudi Central Bank in the Kingdom of Saudi Arabia. As a result, the Moonaya app notes to all Stores and Merchants that it may be delayed in transferring some funds as a result of the restrictions of the Saudi Central Bank, the Ministry of Commerce and Investment, and the e-commerce regulations imposed on electronic sale and purchase operations.
6. The Moonaya app reserves its right to impose any fees on Merchants or Stores as a result of their operations within the Moonaya app, and the fees may be, by way of example and not limitation: government authority fees, bank fees, administrative fees, or any other fees that the Moonaya app is required to pay as a result of the Merchant's or the Store's activity.

Article 20 – Prohibited Content and Products

1. As a Merchant in the Moonaya app, you undertake not to permit advertising or publishing through your Store of any content that violates the privacy and confidentiality of information policy, or violates the rules and provisions of this Terms of Use Agreement, or the regulations in force in the Kingdom of Saudi Arabia.
2. The Moonaya app strictly prohibits the sale of the following products and services, which are by way of example and not limitation: any product/service that contains gambling, mystery boxes, or a random product; any product/service that may lead to any physical or psychological harm in any form whatsoever; any pirated content or subscriptions and everything that violates intellectual property and copyright; any sexual or pornographic product/service or one that calls for that.

Article 21 – The Saudi Anti-Cyber Crime Law

1. Merchants and Users undertake not to violate any of the provisions of the Saudi Anti-Cyber Crime Law, and in the event of their violation of the provisions of the Saudi Anti-Cyber Crime Law, this is subject to their sole responsibility and their will, and there is no responsibility resting upon the Moonaya app as a result of the Store's violation of the regulations in force, as the Merchant is fully responsible for their Store and for their dealings with Consumers. The Moonaya app always has the right to take what it deems appropriate regarding any store or merchant that violates the provisions of the Saudi Anti-Cyber Crime Law, whether by reporting to the official authorities, or by merely closing the electronic Store or cancelling the Merchant's membership on the platform.

Article 22 – Restriction of Access or Membership

1. Without prejudice to the rights of other merchants, the Moonaya app may suspend or cancel the Merchant's membership or restrict the Merchant's access to the platform's services at any time, without warning, for any reason, and without limitation.

Article 23 – Warranty

1. The Moonaya app does not guarantee the repair of malfunctions and does not guarantee that the products provided by the merchants are free from any other defects; rather, the Store or the Merchant guarantees them in the event the warranty and its duration are stated in the product description, and the Merchant must adhere to good quality in their electronic Store.

Article 24 – The Merchant's Liability

1. The Merchant agrees to bear responsibility and to protect the Moonaya app, its affiliates, its owners, or its subsidiaries from any damage that may occur to the Moonaya platform as a result of the Merchant's violations. They also undertake to remove any damage or to prevent any damage that may befall the Moonaya app, its affiliates, or one of them as a result of claims, losses, malfunctions, costs, expenses, or fees arising due to the Merchant's misuse or the User's abuse, resulting in a breach of the Terms of Use Agreement or the regulations and laws in force in the Kingdom of Saudi Arabia, or an infringement upon the rights of one of the merchants or third parties, or a complaint from one of the Users or third parties.

Article 25 – The Relationship and Notices Between the Moonaya App and the Merchants

1. None of the rules and provisions of this Terms of Use Agreement includes a reference to the existence of a partnership between any merchant and the Moonaya app, and the Moonaya app does not permit any merchant, under any circumstances, to make a direct or indirect reference to, or to dictate, the existence of a relationship of any kind whatsoever, whether direct or indirect, between them as a merchant and the Moonaya app or its management. Any notices that the Merchant wishes to send to the Moonaya app must be sent via email, and the Moonaya app responds to the electronic message. You, as a merchant, agree that any notices sent to you from the Moonaya app will be delivered to you by the email that you provided to the Moonaya app during the registration process.

Article 26 – The Applicable Law and Legislation

1. This Terms of Use Agreement is governed and drafted in accordance with the laws, regulations, and legislation in force and effect in the Kingdom of Saudi Arabia, and is fully and wholly subject to the legislation in force with the authorities in the Kingdom of Saudi Arabia.

Article 27 – Rules the Store Must Follow When Dealing with the Consumer

1. The Merchant, when dealing with the Consumer, undertakes to adhere to truthfulness, honesty, and integrity.
2. The Merchant, when dealing with the Consumer, undertakes to adhere to good morals.

Article 28 – Paper and Electronic Promotional Publications and the Offers of the Moonaya App

1. The rules and provisions of this Terms of Use Agreement apply to all paper and electronic promotional publications across the various publishing platforms and across the various social media.
2. The publications are subject to change and are not binding on the Moonaya platform with respect to the stability of the prices of services, packages, or offers, and changing prices is subject to the variables that occur to the Moonaya app, the stores, or the merchants.
3. Any offers placed by the Moonaya app are temporary offers determined by a specific time period, and the Moonaya app is not obligated to extend the time period or to continue for the specified time period, as it has the right to suffice with, determine the entitlement of any user to, or cancel this offer at any time.

Article 29 – Strategic and Logistics Services (Third-Party Services)

1. Under the rules and provisions of this Terms of Use Agreement, the Moonaya app may provide some strategic or logistics services through a third party or third parties, and these services may be, by way of example and not limitation: the services of shipping companies and the delivery of products and goods.
2. The Moonaya app informs you that its provision of strategic or logistics services is nothing but a facilitation and cooperation on its part and to assist the Users of the Moonaya app, and it is not obligated to do so.
3. The Moonaya app informs you that it is entirely not responsible, directly or indirectly, for any acts issued by any third party, and that what it does is merely a link between the User and the Service Provider (the third party).
4. The Moonaya app informs you that requesting this service is not obligatory; rather, this matter depends on the User's wish and need. When the Merchant uses the third-party services available at the Moonaya app, the Moonaya app disclaims its responsibility for this relationship, and this relationship has its independent provisions that take place between the Merchant and the third party.
5. Some providers of strategic and logistics services set their own requirements or their own costs, and the Moonaya app has no authority over these requirements or these costs. Therefore, the Moonaya platform advises the merchants registered with it to review the terms of the Service Provider (the third party) and the costs of its services before confirming the service request.
6. In the event the User submits a request for a service provided through (a third party), the User by this act authorizes the Moonaya app and grants it permission to provide the Service Provider (the third party) with the User's personal data that it requests, and other data that the Service Provider (the third party) needs, and this is in accordance with the rules and provisions of the privacy and confidentiality of information policy in force at the Moonaya app.
7. Some of the services provided by (the third party) on the Moonaya app are benefited from by the Merchant through waybills issued by agreement between the Service Provider and the Moonaya platform, so their use is through the Moonaya app, and the Moonaya app may deduct some of the costs from them in implementation of the agreement between the Moonaya app and the Service Provider (the third party), and no responsibility rests upon the Moonaya app as a result of the Service Provider's breach in providing its services.
8. Some providers of paid services set their own requirements or their own costs, and the Moonaya app has no authority over these requirements, and your billing relationship will be directly with the relevant third party. Therefore, the Moonaya app advises the merchants registered with it to review the terms of the Service Provider (the third party) and the costs of its services before confirming the service request.
9. Some international shipping services provided by (the third party) through the Moonaya app can be benefited from by the Merchant through the Moonaya app's shipping gateway in accordance with an agreement concluded between the Moonaya app and the Service Provider. The international shipping cost is passed on to the Merchant without any profit margin, and the Moonaya app is entitled to an independent commission in exchange for providing this service, and this commission is subject to Value Added Tax (VAT). The Merchant undertakes to pay the full cost of the international shipping service, including the Moonaya app's commission and the tax due, in accordance with the prices specified in the gateway, which may be updated from time to time. The Moonaya app bears no responsibility toward any breach by the Service Provider (the third party) in providing shipping services.

Article 30 – Technical Support

Under the rules and provisions of this Terms of Use Agreement, the Moonaya app provides some technical support services to the Stores and Merchants, and this is in accordance with the privileges of the package to which the Store subscribes, and it is, by way of example:

1. A free control panel for the stores, and the control panel includes some free services.
2. In the event the Merchant wishes to add some services, different services, or multiple services, this is subject to the packages and offers policy of the Moonaya app, which is often subject to financial fees.
3. The Moonaya app grants the stores the right to communicate with the technical support team of the Moonaya app in a manner that assists the work of the stores through the platform and resolves the electronic technical issues that may arise for the stores.

Article 31 – Dispute Resolution

1. Under the rules and provisions of this Terms of Use Agreement, in the event of a dispute, the disagreement is resolved by conciliation and negotiation or amicable settlement, and in the event the disagreement continues, it is resolved through the competent authorities in the Kingdom of Saudi Arabia.

Article 32 – Policy for Receiving Consumer Complaints and Settling Disputes Between the Consumer and the Store

In the event of a complaint concerning one of the Consumers and one of the Stores, the Moonaya app hopes that you will follow the following steps:

• Step One: Submit a complaint through the help and support in the Moonaya app, provided that the complaint includes: the text of the complaint and the documents supporting it – the name of the violating Store. The Moonaya app will then refer the complaint to the concerned Store in order to resolve it.
• Step Two: The Consumer has the right to take what they deem appropriate after reviewing the content of the Store's response to the complaint, and in the event the Consumer is not convinced by the Store's response, they have the right to request to obtain the Store's information in order to take what they deem appropriate against the Store.

Article 33 – General Provisions

In the event any article or clause contained in this Terms of Use Agreement is cancelled, or that any article or clause contained in the Terms of Use Agreement is no longer in force, then such a matter does not nullify the validity of the rest of the articles, clauses, rules, and provisions contained in the Terms of Use Agreement, and they remain in effect until further notice from the management of the Moonaya app.

This Terms of Use Agreement — which is amended from time to time as circumstances require — constitutes the mechanism of work, understanding, agreement, and contracting between the Users and the Moonaya app only, and the User is bound by the provisions of this Agreement. The User also agrees and acknowledges the following:

1. This Terms of Use Agreement applies to all Users of the Moonaya app and is the regulator of the relationship and is the contract between the User and the Moonaya app only, regardless of any regulatory form or legal, institutional, commercial, or charitable entity the User adopts. As for the relationship between the Merchant and the Consumer, it is subject to an independent legal relationship and has its own controls in force between them.
2. No person — other than the management of the Moonaya app or the judicial authorities in the Kingdom of Saudi Arabia — has the right to impose any articles, clauses, or any amendments on the Terms of Use Agreement of the Moonaya app.
3. If the Terms of Use Agreement is translated into any other language, whether on the Moonaya app or otherwise, then the Arabic text of the Terms of Use Agreement remains the original in all dealings.
4. In the event of amendment to this Terms of Use Agreement, all Users will be notified, and in the event they continue to use the platform, this is deemed acceptance of any amendments that occur to this Agreement.
5. This Terms of Use Agreement is not cancelled or amended except pursuant to a decision issued by the management of the Moonaya app.

Subscription, Free Trial and Refund Policy

Article 1: Free Trial

1.1. Trial Duration: The Moonaya app grants the Consumer the authority to create only one event free of charge.

1.2. Activation Requirements: Activating the package requires the Merchant to pay the package fees through one of the payment methods available in the Moonaya app.

1.4. Fair Use Policy: In the event the Merchant has more than one store registered in the Moonaya app with the same identity or contact data (identity number, mobile number, email), then eligibility for the new trial is subject to the following conditions:

a. The Moonaya app has the right to verify the record of complaints and claims associated with all of the Merchant's stores.

b. It is required that the total of outstanding complaints that have not been closed or settled across all of their stores not exceed (05) complaints. In the event this limit is exceeded, the Merchant is not eligible to benefit from the additional trial.

Article 2: Monitoring and Review

3.1. Automated Screening: All cancellation requests are subject to automated screening via the compliance system in the Moonaya app to verify the extent of applicability of the conditions contained in this policy.

3.2. Manual Review: In the event the system detects any suspicion of misuse (such as multiple accounts, or suspicious commercial patterns), the request is suspended and the Merchant is notified of the necessity of manual review by the specialized team.

Article 4: Combating Fraud and Misuse

4.1. It is strictly prohibited to create multiple accounts with different data for the purpose of circumventing the system to obtain repeated trial periods or to unlawfully exploit the refund policy. This act is deemed a fundamental violation of the terms of use of the Moonaya app.

4.2. In the event the violation is proven, the Moonaya app has the right to take the necessary measures, including suspending or closing the associated accounts, withholding the amounts subject to the violation, deducting any amounts due to it or compensation for the direct damages resulting from that violation, without prejudice to its right to claim any other rights recognized by the regulations in force in the Kingdom of Saudi Arabia.