Comprehensive General Terms, Conditions, and Policies
"Min Holkm" Platform Comprehensive General Terms, Conditions, and Policies for the "Min Holkm" Platform
Introduction
This document constitutes the binding general terms, conditions, and policies that govern the use of the "Min Holkm" platform, including all of its websites, applications, services, and technical systems. Using the platform, creating an account, browsing it, placing an order, displaying products or services, or using delivery services constitutes explicit, final, and binding acceptance of all the provisions set out in this document, as well as any future updates made to it. All users bear the responsibility of reviewing these policies on a regular and ongoing basis. This document is supplementary to any other agreements or policies specific to merchants, customers, couriers, or service providers. In the event of any conflict between this document and a specific agreement, the more specialized provisions shall apply according to the nature of the relationship.
Chapter One: General Definitions
1- The Platform: the "Min Holkm" technical platform, including all of its websites, applications, systems, and electronic services.
2- The Administration: the entity that owns and operates the "Min Holkm" platform.
3- The Merchant / Service Provider: every individual, establishment, company, or entity that offers its products or services through the platform.
4- The Customer: the end user who orders products or services through the platform.
5- The Courier / Delivery Provider: any individual or entity responsible for transporting and delivering orders.
6- The User: anyone who uses the platform in any capacity whatsoever.
7- The Order: any purchase, order, or booking carried out through the platform.
8- The Account: the electronic account created or used within the platform.
9- The Store: the merchant's electronic space within the platform for displaying its products or services.
Chapter Two: Nature of the Platform's Work and Technical Intermediation
1- "Min Holkm" is a multi-party technical intermediary platform that operates on the basis of technical intermediation, the leasing of electronic spaces, and enabling merchants to display their products or services through electronic stores within the platform.
2- The platform's role is limited to:
• Providing the technical infrastructure.
• Enabling merchants to create electronic stores.
• Enabling customers to place orders.
• Linking orders to delivery services.
• Providing operations, payment, and technical transfer services.
• Managing the electronic systems related to orders, accounts, and settlements.
3- "Min Holkm" is not:
• A direct seller.
• A manufacturer.
• An actual supplier of products or services.
• An owner of the products or services.
• A general commercial agent for the merchant.
• A partner in the merchant's business.
• A guarantor of the quality of products or services.
• Responsible for the regulatory compliance of the merchant's business or the safety of its products.
4- The commercial relationship relating to the sale or provision of services takes place directly between the customer and the merchant, and the merchant remains directly responsible for its products, services, prices, and its regulatory, tax, and contractual obligations.
5- The platform's role is limited to technical intermediation, providing electronic spaces, electronic collection services, technical operation, and linking customers with merchants and delivery service providers.
6- The platform may issue invoices or receipts electronically through its systems in the name of the merchant or on its behalf for operational and technical purposes only, without this resulting in any transfer of ownership of the products or services, or of tax or regulatory responsibility, to the platform.
7- The platform does not provide — to the maximum extent permitted by the applicable laws — any express or implied warranties regarding:
• Product quality.
• Product safety.
• Product regulatory compliance.
• The merchant's business.
• The availability of products or services.
• The continuity of orders or profits.
• The accuracy of product descriptions entered by the merchant.
8- The platform provides its technical services "as is" and "as available."
Chapter Three: Customer Terms of Use
1- The customer acknowledges that the merchant is an entity independent of the platform and bears full responsibility for the products and services displayed within its store.
2- The customer acknowledges that the price shown upon completing the order is the final price payable, inclusive of taxes, fees, or delivery costs where applicable, according to the merchant's tax status and the order policies displayed prior to completing the purchase.
3- The customer acknowledges that price differences between one store and another within the platform may be due to differences in the merchant's tax status, delivery fees, offers, or the pricing policies specific to each merchant.
4- The platform bears no responsibility for:
• The merchant's errors.
• The merchant's delays.
• Product quality.
• Product safety.
• Returns or exchanges.
• Warranties.
• Defects or damages.
• Products' violation of regulations.
• The product's non-conformity with the description provided by the merchant.
Except within the limits of a direct and established error originating from the platform.
5- The customer's claims relating to products or services are directed to the merchant directly.
6- The platform's role is confined to:
• Technical operation.
• Receiving reports.
• Facilitating communication when needed.
• Cooperating with official authorities.
• Providing the competent authorities with the merchant's data and order records upon a lawful request.
7- The customer is responsible for the accuracy of:
• Their data.
• Their address.
• Their mobile number.
• Their delivery information.
• Their order details.
And bears any costs, damages, or delays resulting from incorrect or incomplete data.
Chapter Four: Customer Responsibility for the Account and Mobile Number
1- The customer acknowledges that:
• The registered mobile number.
• The account used.
• The verification codes.
• The orders issued from the account.
• Any approvals or operations carried out from the account.
Are deemed to have been issued by them personally and are legally binding upon them.
2- The customer bears full legal, financial, and regulatory responsibility for all operations issued from their account.
3- The customer undertakes to maintain:
• The confidentiality of account data.
• The verification codes.
• The login data.
• The authentication or verification tools.
4- The platform bears no responsibility for:
• Use of the account by others.
• Sharing of the verification code.
• Sharing of the login data.
• Any operations carried out through the account.
Unless a direct technical error originating from the platform is established.
5- The customer must notify the platform immediately upon suspecting any unauthorized use of their account.
Chapter Five: Merchant Terms and Conditions
1- The merchant undertakes to provide:
• A valid commercial registration.
• Or a freelance work document.
• Or any licenses or documents requested by the platform.
2- The merchant's actual activity must conform to the authorized regulatory activity.
3- The merchant bears responsibility for obtaining and renewing all:
• Licenses.
• Permits.
• Regulatory approvals.
• Professional, municipal, or health certificates or requirements.
4- The platform has the right — without obligation — to request or review any documents or licenses.
5- The request, review, or acceptance of documents shall not be deemed a guarantee or endorsement of the regulatory compliance of the merchant's business, and full responsibility remains on the merchant alone.
6- The merchant bears full responsibility for:
• Adulterated products.
• Counterfeit products.
• Prohibited products.
• Expired products.
• Unauthorized products.
• Any regulatory violation.
• Any health, financial, or operational damages resulting from its products or services.
7- The merchant may not plead ignorance of the Saudi laws, regulations, or requirements relevant to its business.
8- The merchant is responsible for:
• Prices.
• Descriptions.
• Images.
• Packaging.
• Preparation.
• Storage.
• Updating products.
• Stock availability.
• Customer service.
• Handling complaints.
• Returns and exchanges.
• Warranties.
9- The merchant undertakes not to display any products or services that violate the regulations, public morals, or the platform's policies.
Chapter Six: Subscriptions and Non-Transfer of Store Ownership
1- The platform adopts a recurring subscription model, whether monthly, annually, or any other packages adopted by the platform.
2- Subscription fees are consideration for the technical and operational services provided by the platform.
3- Subscriptions are non-refundable after activation, unless the platform decides otherwise at its discretion.
4- The subscription is not a guarantee of:
• Sales.
• Profits.
• A number of customers.
• Continuity of orders.
• Appearance of products in particular results.
• Achieving any specific commercial return.
5- The account is suspended or the store is disabled automatically upon expiry of the subscription unless it is renewed.
6- The merchant or subscriber is prohibited from:
• Selling the account.
• Leasing the account.
• Assigning the account.
• Transferring ownership of the store.
• Enabling others to use the account.
Except after obtaining prior written approval from the "Min Holkm" platform.
7- The platform has the right to suspend or cancel any account that is transferred or used in violation of this clause without any compensation.
8- The original account holder remains responsible for all obligations, orders, and violations arising from the account until the transfer is officially approved by the platform.
Chapter Seven: Payments, Collection, and Financial Transfers
1- Order amounts are collected via electronic payment gateways as an intermediary technical and operational procedure.
2- The passage of amounts through the platform, its accounts, or its systems does not mean the transfer of ownership of products or services to it.
3- The passage of amounts through the platform does not mean that the platform is considered a seller or actual supplier of the products or services offered by the merchants.
4- The merchant and the user acknowledge that all order amounts collected from customers through the platform are not deemed revenue for the platform and do not represent its own sales; rather, they are collected on behalf of the merchant and recorded in the accounts as amounts due to the merchants.
5- The platform's revenue is limited to subscription fees or any independent service fees due to the platform only.
6- The merchant's dues are transferred according to the financial transfer schedule approved by the platform.
7- The platform has the right to amend or update the financial transfer schedule as it deems appropriate and in a manner that does not violate the regulations.
8- Transfers are subject to procedures of:
• Bank clearing.
• Financial settlement.
• Security verification.
• Fraud reviews.
• Payment gateway requirements.
• Any necessary regulatory or operational requirements.
9- The platform bears no responsibility for delays of:
• Banks.
• Payment gateways.
• Technical failures.
• Financial service providers.
• Security verification.
• Circumstances beyond control.
10- The merchant acknowledges that any amounts collected on its behalf may be subject to withholding, suspension, or review in accordance with the provisions of these policies or the requirements of the payment gateways or the competent authorities.
Chapter Eight: Withholding of Dues and Financial Set-Off
The platform has the right to suspend, withhold, deduct, or freeze any financial dues belonging to the merchant — temporarily or permanently depending on the case — in the following situations:
1- The existence of a complaint or dispute.
2- The existence of a bank objection or Chargeback.
3- Suspicion of fraud, money laundering, or suspicious operations.
4- Selling products that are non-compliant, prohibited, adulterated, or counterfeit.
5- The existence of claims, fines, or fees due.
6- The existence of a request from an official, judicial, or regulatory authority.
7- Protecting customers, the platform, or the payment gateways.
8- Violation of this agreement or the policies.
9- A rise in the rate of complaints, returns, or disputes.
10- The existence of a defect or conflict in the merchant's data, documents, or tax status.
The platform has the right to:
• Carry out direct set-off.
• Deduct dues.
• Refund amounts to customers when entitlement is established.
• Suspend transfers until the verification or dispute concludes.
• Request additional documents before disbursing dues.
The merchant has no right to object to the precautionary measures taken to protect the platform, customers, or payment gateways, or to comply with the regulations.
Chapter Nine: Tax Responsibility and Invoicing
1- The merchant acknowledges that the platform is not the actual seller of the products or services displayed within its store, and that the merchant is directly responsible for all tax, zakat, and accounting obligations relating to its sales.
2- The merchant acknowledges that enabling or disabling the Value-Added Tax feature within its store is done based on its actual regulatory status, and that it alone is responsible for the correctness of this action.
3- If the merchant is registered for Value-Added Tax, it undertakes to enter its correct and valid tax number, and to enable tax on its products or services whenever this is legally required.
4- If the merchant is registered for Value-Added Tax, Value-Added Tax is calculated on its sales according to the approved statutory rate, its tax data appears on the invoice, and the merchant alone is responsible for declaring and paying the tax to the competent authorities.
5- In the event that an order amount is collected from a customer on behalf of a tax-registered merchant, the platform transfers the full amount due to the merchant in accordance with the approved settlements policy, and the merchant alone is responsible for remitting the Value-Added Tax to the competent authorities.
6- If the merchant is not registered for Value-Added Tax, it has no right to enable, add, or collect tax from customers or to issue a tax invoice, and the sale in this case is without Value-Added Tax.
7- If the merchant is not registered for Value-Added Tax, the platform has the right to issue a sales receipt or an ordinary order document to the customer for operational and evidentiary purposes, and this is not deemed a tax invoice.
8- The merchant undertakes to notify the platform as soon as its tax status changes, it registers for Value-Added Tax, or it obtains a tax number; it also undertakes to update its tax data within the platform before displaying or selling any taxable products or services.
9- The platform bears no responsibility for the merchant enabling or disabling tax incorrectly, entering incorrect tax data, failing to update its tax status, or collecting tax in violation of the regulations.
10- The platform has the right to suspend the store, suspend transfers, or request additional documents whenever it becomes apparent that there is an error, conflict, or suspicion in the tax status or the data registered by the merchant.
11- The merchant acknowledges that issuing invoices or receipts through the platform's electronic system does not mean that the platform is the actual seller or supplier, and does not transfer to it the tax or regulatory obligations specific to the merchant.
12- The platform's tax responsibility is limited to issuing the invoices relating to subscription fees or any independent service fees due to the platform only.
13- The merchant alone bears any claims, fines, differences, or tax, zakat, or accounting obligations that arise due to its business, its sales, its tax data, or its violation of the regulations.
14- The customer acknowledges that the tax, whenever it appears in the order or invoice, is linked to the merchant's tax status or to the independent services provided by the platform or the service providers, according to the nature of each transaction.
Chapter Ten: Returns and Exchange Policy
1- The merchant is exclusively and directly responsible for implementing the returns and exchange policies for its products or services.
2- The merchant undertakes to abide by the minimum stipulated in the relevant Saudi regulations.
3- The following products may not be returnable, depending on the regulations and their nature:
• Food.
• Beverages.
• Medicines.
• Perishable products.
• Opened products.
• Used products.
• Made-to-order products.
• Products that cannot be returned due to their nature or for health or regulatory reasons.
Unless a defect, damage, or regulatory violation is established.
4- The merchant bears the responsibility of clarifying its own returns and exchange policy to customers in a manner that does not violate the regulations.
5- The platform has the right to intervene in disputes on a regulatory, technical, or precautionary basis without becoming a direct party in the sale relationship between the customer and the merchant.
Chapter Eleven: Delivery and Couriers Policy
1- The courier or delivery service provider is an entity independent of the platform, unless a separate agreement stipulates otherwise.
2- The courier or delivery provider bears full responsibility for:
• The safety of the order during transport.
• Unjustified delays.
• Delivering the order to the correct customer.
• Adherence to delivery instructions.
• Safeguarding the customer's data.
3- The courier undertakes to keep customers' data confidential and not to use it for any purpose outside the execution of the delivery.
4- It is prohibited to use:
• Phone numbers.
• Addresses.
• Customers' locations.
• Order data.
For any marketing, personal, or order-unrelated purpose.
5- The platform bears no responsibility for the errors of the independent courier or delivery provider, except within the limits of a direct and established error originating from the platform.
Chapter Twelve: Privacy and Data Protection
1- The platform is committed to collecting and processing users' data to the extent necessary to operate the service and in a manner consistent with the Saudi regulations.
2- The data may include:
• Name.
• Location.
• Contact numbers.
• Order data.
• Payment data.
• Usage logs.
• Device or login data.
• Any data necessary to operate the service or for regulatory compliance.
3- The platform has the right to share data to the extent necessary with:
• The merchant.
• The courier.
• Payment gateways.
• Technical service providers.
• Shipping and delivery providers.
• Official authorities upon a lawful request.
4- The merchant and the courier undertake not to:
• Store customers' data in a non-compliant manner.
• Use the data for marketing without authorization.
• Share the data with others.
• Sell or exploit the data.
• Contact customers outside the scope of the order without a legitimate justification.
5- The platform has the right to retain electronic records and data for the period necessary:
• For regulatory compliance.
• To protect rights.
• To handle disputes.
• To combat fraud.
• For accounting, auditing, and operational purposes.
6- Each user, merchant, or courier bears responsibility for any misuse, leakage, or violation relating to the data that reaches them as a result of using the platform.
Chapter Thirteen: Combating Fraud and Suspicious Operations
The platform has the right, whenever it deems it necessary, to do the following:
• Review financial operations.
• Request additional verification documents.
• Suspend orders, accounts, or transfers.
• Cancel suspicious operations.
• Temporarily restrict certain features.
• Cooperate with the competent authorities.
• Report to the relevant authorities when there is a regulatory suspicion.
This is in order to protect the platform, customers, merchants, and payment gateways, and to comply with the applicable regulations.
Chapter Fourteen: Intellectual Property
1- All rights relating to the following are reserved to the "Min Holkm" platform or to the entities that own it:
• Designs.
• Code.
• Logos.
• Systems.
• Texts.
• Visual identity.
• Databases.
• Interfaces.
• Technical working mechanisms.
• The platform's content.
2- It is prohibited to:
• Copy the platform.
• Imitate it.
• Exploit it.
• Resell its technical services.
• Use its logos or content without written permission.
• Use the platform's name in a manner that disparages it or suggests an unauthorized relationship.
3- The merchant acknowledges that it holds the lawful right to use all the images, trademarks, designs, texts, and content relating to its products or services.
4- The merchant alone bears responsibility for any infringement of intellectual property rights resulting from the content, products, marks, or images that it uploads or uses within the platform.
Chapter Fifteen: Force Majeure and Technical Failures
The "Min Holkm" platform bears no responsibility for:
• Service disruptions.
• Delays.
• Loss of data.
• System outages.
• Inability to access the platform.
• Delays in transfers or orders.
Resulting from circumstances beyond reasonable will or control, including:
• Natural disasters.
• Wars.
• Cyberattacks.
• Internet outages.
• Payment gateway failures.
• Shipping company failures.
• Government decisions.
• Epidemics or emergency circumstances.
• Technical failures beyond reasonable control.
The platform undertakes to exercise reasonable care to address failures whenever possible, without this being deemed a guarantee of no interruption or disruption.
Chapter Sixteen: Suspension of Accounts and Termination of the Relationship
The platform has the right to suspend, halt, or delete any account or store upon:
• Violation of the regulations.
• Violation of this agreement.
• Suspicion of fraud.
• The existence of repeated complaints.
• Selling non-compliant products.
• Providing misleading data.
• Causing harm to the platform or users.
• Failure to update the required documents or data.
• The existence of a request from an official, judicial, or regulatory authority.
In the event of suspension due to a violation:
• The merchant's right to a refund of subscription fees lapses.
• It has no right to claim any compensation.
• It remains responsible for all obligations prior to the suspension.
Closing the account or terminating the relationship does not extinguish:
• Financial obligations.
• Legal responsibilities.
• Compensation.
• Prior disputes.
• The rights of the platform, customers, or third parties.
Chapter Seventeen: Indemnification and Disclaimer of Liability
The user, the merchant, and the courier — each according to their capacity and use of the platform — agree to fully indemnify the "Min Holkm" platform, its administration, employees, partners, and service providers against any:
• Lawsuits.
• Fines.
• Damages.
• Claims.
• Legal fees.
• Compensation.
• Direct or indirect losses.
Arising due to:
• Violation of the regulations.
• Violation of this agreement.
• The products or services.
• Misuse of the platform.
• Infringement of the rights of third parties.
• Providing incorrect data.
• Using the account in a non-compliant manner.
The platform bears no responsibility — to the maximum extent permitted by the regulations — for the merchant's acts, its products or services, or the errors of the couriers or service providers, except within the limits of a direct and established error originating from it.
Chapter Eighteen: Disputes and General Provisions
1- This agreement is governed by the laws of the Kingdom of Saudi Arabia.
2- The courts of the city of Riyadh shall have territorial jurisdiction to consider any dispute arising from the use of the platform or these policies, unless the platform decides otherwise or the law assigns jurisdiction to another body.
3- Efforts shall be made to resolve disputes amicably within 30 days before resorting to the judicial authorities, unless there is an urgent or precautionary situation that calls for immediate action.
4- The platform has the right to amend these policies and conditions at any time.
5- Continued use of the platform after an amendment is deemed final acceptance of the amendments.
6- The platform's failure to exercise any right, or its delay in exercising it, does not constitute a waiver of it.
7- Any clause proven to be void or unenforceable does not affect the remaining clauses.
8- The headings contained in this document are for organization only and do not affect the interpretation of the provisions.
9- Arabic is the authoritative language in the interpretation of this agreement.
General Acknowledgment
Every user of the platform, whether a customer, merchant, courier, service provider, or a user in any capacity, acknowledges that they have read these terms, conditions, and general policies and understood their content, and agrees to them fully and bindingly, and acknowledges that their use of the platform, creation of an account, placing of an order, display of products or services, execution of delivery operations, or benefit from any service within the platform is deemed final acceptance of everything contained therein.