PLEASE READ THESE TERMS AND CONDITIONS OF USE CARFEULLY BEFORE USING TAKEIN APPLICATION OR WEBSITE (THE “PLATFORM” or “TAKEIN”). THESE TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”) GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. THE PLATFORM IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT ACESS OR USE THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOU AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. INTRODUCTION

TAKEIN is a virtual marketplace Platform that connects users with local Vendors. You may order food or other merchandise and services through the Platform to be delivered from particular Vendors, including their authorized licensees and franchisees, or other purveyors in cities throughout the Kingdom of Saudi Arabia and other territories where TAKEIN provides such Services (collectively, the “Vendors”).

TAKEIN is neither a vendor or supplier of goods nor does it interfere -in any way- with the supply chain or production process of goods. The Vendors available on our Platform operate independently of TAKEIN.

Vendors are required to comply with all laws, rules, regulations, and standards pertaining to the production, sale, and marketing of their products, including, without limitation, food preparation and safety and menu disclosure. TAKEIN is not liable or responsible for Vendors’ products or safety and does not verify their compliance with all applicable laws. In addition, TAKEIN does not guarantee the quality of what the Vendors sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. TAKEIN does not independently verify, and is not liable for, representations made by Vendors regarding their products, including, without limitation, any menu- or Vendor-level descriptors, disclosures, photographs or images displayed through the Platform reflecting the product by the Vendor and/or delivered by Delivery Partners (defined below).

TAKEIN is not a delivery company or a common carrier. Some deliveries are provided by TAKEIN's network of independent delivery service providers (“Delivery Partners”). Delivery Partners have entered into agreements with TAKEIN which require them to comply with all applicable local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. By accessing the Platform, you agree and acknowledge that Delivery Partners are solely responsible for, and TAKEIN shall not be liable or responsible for, the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or any acts, omissions, errors or misrepresentations made by any Delivery Partner.

2. USING THE PLATFORM

You may only create and hold one account on the Platform (each, an “Account”) for your personal use. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with TAKEIN, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.

The Platform may permit you to use the Services without an Account or without logging in to your Account. If you use the Service in this manner, we may create an Account for you based on the information you provide to us in connection with the transaction (e.g., your payment information, name, phone number, email address, and other transaction information).

If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 13.

If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company.

If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if TAKEIN has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, TAKEIN has the right to block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. If your Account is terminated for any or no reason, you may forfeit any pending, current, or future account credits, Perks or other promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you.

You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify TAKEIN of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. TAKEIN will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

3. YOUR INFORMATION

To be able to provide you with the services through the Platform, TAKEIN might require You to provide some personal and payment information that are necessary to perform the Services or collect information. By using the Platform or creating an Account, You acknowledge that TAKIN may by itself or through a third party store Your information and use it to carry out the Platform Services, marketing, and any other use permitted by law. This acknowledgement by is considered as Your written consent. Your information will be stored and used in accordance with our Privacy Policy.

4. Privacy Policy

The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. You must carefully read and understand our Privacy Policy before agreeing to these Terms and Conditions.

5. DISCLAIMER

THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TAKEIN DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TAKEIN DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TAKEIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT TAKEIN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM.

TAKEIN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAKEIN'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TAKEIN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

TAKEIN RELIES UPON VENDORS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. TAKEIN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TAKEIN BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF TAKEIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY TAKEIN.

TAKEIN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. TAKEIN ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Payment

Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. When paid by you, these payments are final and non-refundable, unless otherwise determined by TAKEIN. TAKEIN, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

TAKEIN will charge, and you authorize TAKEIN to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, TAKEIN may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

TAKEIN reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for vendor’s items. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower than the total amount due. Regardless of the cause, TAKEIN reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. TAKEIN may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these Perks and promotional offers will have no bearing on your obligation to pay the amounts charged. For more information on these offers, please see the “Perks” section below.

8. Copy Rights

With the exception of Your Content (defined below), the Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to TAKEIN. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the Kingdom of Saudi Arabia and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to TAKEIN. Accordingly, you are not authorized to download any content from the Platform, including, without limitation, the Materials, and if you do, TAKEIN will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please also be advised that TAKEIN enforces its intellectual property rights to the fullest extent of the law.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Any other use of the Platform is strictly prohibited. Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of TAKEIN or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by TAKEIN and TAKEIN’s licensors.

9. ADDITIONAL TERMS

Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are hereby incorporated into this Agreement by reference.

10. TERMINATION

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, TAKEIN reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein.

Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement. TAKEIN reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

11. CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice to you. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Terms of Use" link available on our Platform ("Updated Terms"). You agree that you will review this Agreement periodically. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. The Updated Terms will govern any disputes between you and TAKEIN, even if the dispute arises or involves facts dated before the “Effective” date of the Updated Terms.

12. GOVERNING LAW

The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

13. DISPUTE RESOLUTION

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in Riyadh, Kingdom of Saudi Arabia, administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its Arbitration Rules.

14. ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with TAKEIN in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and TAKEIN concerning the Platform and the Services hereunder.

15. CONTACT INFORMATION

If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CARFEULLY BEFORE USING TAKEIN APPLICATION OR WEBSITE (THE “PLATFORM” or “TAKEIN”) AS A DELIVERY PARTNER. THESE TERMS AND CONDITIONS OF USE (THE “DELIVERY PARTNERS’ TERMS AND CONDITIONS”) GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AS A DELIVERY PARTNER. THE PLATFORM IS AVAILABLE FOR YOUR USE AS A DELIVERY PARTNER ONLY ON THE CONDITION THAT YOU AGREE TO THE DELIVERY PARTNERS’ TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT ACESS OR USE THE PLATFORM. BY ACCESSING OR USING THE PLATFORM AS DELIVERY PARTNER, YOU (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. INTRODUCTION.

TAKEIN is a virtual marketplace Platform that connects users with local Vendors. Customers may order food or other merchandise and services through the Platform to be delivered from particular Vendors (“Customer/s”), including their authorized licensees and franchisees, or other purveyors in cities throughout the Kingdom of Saudi Arabia and other territories where TAKEIN provides such Services (collectively, the “Vendors”).

As a Delivery Partner, you agree to enter into this agreement with TAKEIN which require you to comply with TAKEIN’s Delivery Partners’ Terms and Conditions, TAKEIN’s circulated or communicated guidelines regarding Delivery Partners, all applicable local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. By accessing the Platform, you agree and acknowledge that as a Delivery Partner, you are solely responsible for, and TAKEIN shall not be liable or responsible for, the delivery services provided by you to any Customer, or any acts, omissions, errors or misrepresentations made by You.

2. USING THE PLATFORM AS DELIVERY PARTNER.

You may only create and hold one account on the Platform (each, an “Account”) for your personal use. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with TAKEIN, and you also agree to: (a) provide true, accurate, current, and complete information and documents about yourself, (b) provide true, accurate, current, and complete information and documents about the vehicle you use for delivery services, and (c) maintain and promptly update the information you provide to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired document on file, or if TAKEIN has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, TAKEIN has the right to block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. If your Account is terminated for any or no reason, you might forfeit any pending, current, or future account credits, or Perks, and any other forms of unredeemed value in or associated with your Account without prior notice to you.

You are responsible for maintaining the confidentiality and security of your Account including your password. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify TAKEIN of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password; and (b) ensure that you exit from your Account at the end of each session. TAKEIN will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

3. YOUR INFORMATION.

To be able to let you use the Platform, TAKEIN will require You to provide some personal and information and documents that are necessary to abide by the local laws and insure the safety of Customers. These information and documents include among other things: Your name, ID Number photoprints, vehicle registration documents, personal photo of You, photos of Your vehicle, etc.

By using the Platform or creating an Account, You acknowledge that TAKIN may by itself or through a third party store Your information and use it to carry out the Platform Services, communication, and any other use permitted or required by law. This acknowledgement by is considered as Your written consent. Your information will be stored and used in accordance with our Privacy Policy.

4. Privacy Policy:

The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference. You must carefully read and understand our Privacy Policy before agreeing to these Terms and Conditions, keeping in mind that, as a Delivery Partner, your information will also be subject to the terms of these Delivery Partners’ Terms and Conditions. In case of contradiction between the terms of the Privacy Policy and the terms of this Delivery Partners’ Terms and Conditions, the latter shall prevail.

5. DISCLAIMER.

THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TAKEIN DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TAKEIN DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TAKEIN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAKEIN'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TAKEIN IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

6. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TAKEIN BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF TAKEIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY TAKEIN.

TAKEIN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. TAKEIN ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Payment:

As a Delivery Partner, TAKEIN will make payments to You for Your performed services. Payments will be made directly to Your digital wallet, which is part of Your Account. You will have the ability to request transfers of funds to Your STC Pay wallet.

TAKEIN, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with an order or unjustified cancellation of an order by a Customer.

For cash-on-delivery orders, TAKEIN will charge, and you authorize TAKEIN to charge Your digital wallet at the time of delivery. In case your digital wallet had no funds, charges will appear as minus balance in Your digital wallet.

TAKEIN reserves the right to establish, remove, and/or revise fees, taxes, and/or surcharges for any or all services or goods provided through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the delivery fees listed for certain deliveries. For certain transactions, the subtotals shown at initially are estimates that may be higher or lower than the total amount due when the delivery is completed. TAKEIN may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our Customers. As a Delivery Partner, You accept that fees for Your delivery Services might differ in such cases.

8. Copy Rights:

With the exception of Your Content, the Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to TAKEIN. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the Kingdom of Saudi Arabia and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to TAKEIN. Accordingly, you are not authorized to download any content from the Platform, including, without limitation, the Materials, and if you do, TAKEIN will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please also be advised that TAKEIN enforces its intellectual property rights to the fullest extent of the law.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Any other use of the Platform is strictly prohibited. Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of TAKEIN or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by TAKEIN and TAKEIN’s licensors.

9. ADDITIONAL TERMS

Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are hereby incorporated into this Agreement by reference.

10. TERMINATION:

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, TAKEIN reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein.

Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement.

TAKEIN reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

11. CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice to you. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Delivery Partners’ Terms & Conditions" link available on our Platform ("Updated Terms"). You agree that you will review this Agreement periodically. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. The Updated Terms will govern any disputes between you and TAKEIN, even if the dispute arises or involves facts dated before the “Effective” date of the Updated Terms.

12. GOVERNING LAW:

The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

13. DISPUTE RESOLUTION:

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in Riyadh, Kingdom of Saudi Arabia, administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its Arbitration Rules. The losing party in the dispute shall bear all arbitration fees.

14. ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with TAKEIN in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and TAKEIN concerning the Platform and the Services hereunder.

15. CONTACT INFORMATION:

If you have any questions regarding this Agreement or the Platform, please visit our "Help" page for answers and our contact information.