Terms and Conditions of Using the Nawy Application
1. Introduction
Welcome to the Nawy Application (“Application”), owned and operated by Nawy (“Company,” “we,” or “us”). Your use of the Application, including all digital services associated with it, is subject to the following Terms and Conditions (“Terms”). By accessing or using the Application in any manner, you agree to be bound by these Terms, including any future amendments made by the Company. If you do not agree with these Terms, please refrain from using the Application or any of its services.
The Company is committed to providing users with a safe and transparent experience, applying the highest standards of digital security and protection of personal and financial data. Please read these Terms carefully as they contain important information regarding your rights and obligations, as well as the responsibilities of both the user and the Company, in addition to the procedures followed in cases of disputes, damages, or violations of these Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply:
User: Any individual who creates an account or uses the Application in any manner.
Account: A personal or business account created by the User to access the services offered through the Application.
Services: All functionalities and features provided through the Application, including delivery orders, payment, promotional offers, notifications, advertisements, and digital verification.
OTP (One-Time Password): A digital verification code used to confirm the User’s identity during login or when executing financial transactions.
Content: Any text, images, videos, audio files, or data uploaded, published, or shared via the Application.
Damage: Any material, moral, or legal loss incurred by any party as a result of using the Application or breaching these Terms.
3. Account Creation and Verification
Each User must create a valid account with accurate and complete information.
The Company may request proof of identity from Users for verification purposes, and Users must comply by providing the necessary documents when required.
The Application uses OTP (One-Time Password) as the primary method for verifying identity during login, payment, or any sensitive action. The OTP is delivered via SMS or email, and Users must not share this code with third parties.
The Company shall not be held liable for any damages resulting from the leakage of OTPs or the misuse of accounts by unauthorized parties.
4. Use of Services
Users are permitted to use the Application solely for lawful purposes in compliance with the laws of the Kingdom of Saudi Arabia.
It is strictly prohibited to use the Application for fraudulent activities, unauthorized commercial purposes, or in violation of applicable laws or the rights of others.
Users are responsible for all activities conducted through their accounts.
The Company reserves the right to suspend or terminate accounts that breach these Terms without prior notice.
Users may not modify, copy, publish, or distribute any content from the Application without prior written consent from the Company.
5. Content and Advertisements
All images, videos, and texts uploaded to the Application must be free from offensive, racist, or illegal material.
Commercial advertisements are permitted under the Company’s policies, and the Company reserves the right to edit or remove any content deemed to be in violation of such policies.
Content published by Users does not necessarily reflect the views or endorsement of the Company; however, the Company reserves the right to monitor, remove, or suspend any content at any time.
Users acknowledge that the Company is not responsible for any losses resulting from the use, display, or reliance on such content by third parties.
6. Complaints and Dispute Resolution
Users may submit complaints through the Company’s customer support form or via the official email address.
All complaints must be submitted within 30 days from the date of the incident giving rise to the complaint.
The Company reserves the right to investigate any dispute and take appropriate action, including compensating the affected party or suspending the relevant accounts.
Any dispute that cannot be resolved amicably shall be subject to the laws and regulations in force in the Kingdom of Saudi Arabia and referred to the competent judicial authorities.
7. Damages and Compensation
The Company shall not be liable for any direct or indirect losses or damages arising from the misuse of the Application.
If a User causes damage to the Company, other Users, or third parties, the User shall indemnify the Company in full.
Compensation shall include all legal expenses, fines, and financial or moral damages that the Company may incur as a result of any activity in violation of these Terms.
8. Payment and Fees
All payments within the Application shall be processed using the available payment methods, including bank cards, digital wallets, or cash on delivery.
Service fees or additional charges shall be determined by the Company, and Users must accept such charges prior to completing any payment.
Any taxes or customs duties applicable to the services or products shall be borne by the User unless explicitly stated otherwise.
9. Account Cancellation
Users may request the permanent cancellation of their account by contacting customer support.
Upon confirmation of cancellation, all User data will be permanently deleted from the Company’s databases and cannot be restored.
The Company reserves the right to deny account cancellation if there are outstanding financial or legal obligations linked to the account.
10. Security and Data Protection
The Company is committed to adopting global best practices in protecting Users’ digital data, including the use of encryption, firewalls, and intrusion detection systems.
All personal information collected, including name, email address, phone number, and payment details, is securely stored and used solely for the purposes authorized under these Terms.
Users are responsible for maintaining the confidentiality of their account passwords and must not share them with third parties.
In case of suspected account compromise or unauthorized use, Users must immediately report the incident via the Company’s official support channels.
The Company shall not be held liable for damages resulting from a User’s personal negligence in protecting their own information.
11. Confidentiality
All data and information collected by the Company is treated as confidential and shall not be disclosed to third parties without prior authorization.
The Company may share data with authorized service providers or competent legal authorities when necessary.
Employees, developers, and contractors working with the Company are bound by strict confidentiality obligations and may not use such information for any purpose outside the scope of their work.
12. Intellectual Property Rights
All rights related to the software, design, text, images, trademarks, and logos of the Application belong exclusively to the Company. Copying, modifying, or using such materials without prior written consent is strictly prohibited.
Users grant the Company a non-exclusive license to use any content uploaded to the Application for the purpose of operating and improving services, including for marketing and advertising.
Any violation of intellectual property rights may result in account suspension or legal action against the violator.
13. Specific Liabilities and Exclusions
The Company shall not be liable for any indirect, incidental, or unforeseeable damages arising from the use of the Application, including loss of data or service interruptions.
In cases of force majeure—such as natural disasters, cyber-attacks, or emergency outages—the Company bears no responsibility for delays or resulting losses.
All implied warranties of merchantability or fitness for a particular purpose are excluded to the maximum extent permitted by law.
The Company reserves the right to modify, suspend, or discontinue any service or feature at any time without prior notice.
14. Notification Policy
The Application may send notifications to Users regarding service updates, offers, or important administrative messages.
Users may adjust notification preferences within the Application; however, certain essential notifications—such as OTPs and security alerts—are mandatory to ensure account safety.
The Company shall not be held liable for damages or losses arising from a User’s failure to review or act upon notifications sent.
15. Updates and Amendments to the Terms
The Company reserves the right to amend these Terms at any time without prior notice, with the updated version being published within the Application or on the Company’s website.
Continued use of the Application following any updates constitutes explicit acceptance of the amended Terms by the User.
Users are encouraged to review these Terms periodically to remain aware of changes that may affect their use of the Services.
16. Taxes and Customs Duties
Any local or international taxes or duties applicable to products or services provided through the Application shall be borne by the User.
The Company shall not be responsible for fines or financial obligations resulting from incomplete tax or customs disclosures at the time of purchase or delivery.
In cases of conflicting tax policies between different regions, Users must comply with the applicable local tax and customs regulations.
17. Damage and Compensation Policies for Each Party
If damage occurs to a User due to service errors or content provided by a third-party provider, the Company shall only bear minimal responsibility, while the provider or User remains directly liable.
Compensation may include:
Direct costs for replacement or repair of the service.
Financial compensation for poor performance or delays.
Compensation does not cover moral damages unless explicitly required by applicable law.
If a User causes damage to third-party property or interests, the User shall be primarily liable, and the Company reserves the right to claim compensation if the User’s actions harm Company interests.
18. Complaint and Dispute Procedures
Users may submit complaints via the Application or through the official customer support email.
All complaints shall be handled through the following process:
Official registration of the complaint in the Company’s system.
Internal investigation, including collection of evidence and relevant information.
Attempted amicable resolution within 30 days of complaint registration.
If no resolution is achieved, the dispute will be escalated to the Company’s legal committee or the competent judicial authorities.
The Application reserves the right to suspend any account involved in a dispute until a suitable resolution is reached.
19. Exceptions
In cases of technical errors, system malfunctions, or data loss, the Company shall not assume full responsibility but commits to taking all necessary measures to restore services and data.
The Company shall not be liable for delivery delays caused by weather conditions, official closures, or other force majeure events beyond its control.
Claims for compensation regarding third-party services (such as food providers or transportation services) must be directed to the relevant third party, with the Company acting only as an intermediary.
20. Digital Authentication and OTP
The application relies on a One-Time Password (OTP) to ensure account security and verify the user’s identity during registration or login.
The OTP is sent via SMS or the registered email address and must be entered within the specified time frame to complete the process.
Any use of the OTP outside its intended purpose constitutes a violation of these Terms of Use.
The user is responsible for keeping contact information up to date to properly receive the OTP. The company bears no liability for losses resulting from incorrect or outdated information.
Sharing the OTP with any third party is strictly prohibited, and the company reserves the right to suspend the account if suspicious or unauthorized use is detected.
Digital authentication may also include Multi-Factor Authentication (MFA) where necessary, to ensure enhanced protection for high-sensitivity accounts such as business or payment-related accounts.
21. Advertising and Content Policies
Any advertising content uploaded to the application must comply with local laws and must not contain prohibited materials such as violence, discrimination, or pornography.
Publishing misleading, fraudulent, or deceptive content is strictly prohibited.
The company reserves the right to review, modify, or remove any advertisement or content that violates these Terms without prior notice.
By uploading advertising content, the user grants the company a non-exclusive license to use such content for marketing, analysis, and internal advertising purposes.
Regarding images and videos:
The user must own the rights or have obtained explicit permission from the rights holder before uploading.
The company is not responsible for any intellectual property violations related to images or videos.
Any content violating third-party rights may result in account suspension or legal action.
22. Permanent Account Termination
Users have the right to request account termination at any time by contacting customer support.
Upon permanent termination:
All personal user data will be deleted except for data legally required to be retained.
All pending or incomplete orders will be canceled.
The account cannot be restored after termination and may only be reactivated by creating a new account.
The company reserves the right to suspend or terminate an account without prior notice in cases of severe violations, fraud, or harmful misuse of the application.
23. Legal Responsibilities of Each Party
Users:
Responsible for providing accurate information, complying with local laws, and adhering to all Terms of Use while using the application.
Liable for any damages or losses resulting from illegal use or violations of these Terms.
Service Providers, Developers, or Partners:
Responsible for delivering services or products as agreed and bear direct liability for damages arising from negligence or poor performance.
Obligated to cooperate with the company in resolving any dispute or complaint related to their services.
The Company:
Responsible for providing the application and digital services in a stable and secure manner.
Not liable for indirect losses or damages caused by misuse of the application by users or third parties.
24. Limitation of Liability
The company shall not be held liable for:
Any financial losses resulting from service interruptions or technical malfunctions.
Loss or damage to personal or business data of users.
Any disputes between users, or between users and service providers.
The company acts as an intermediary to facilitate services and is not considered a direct party to any contract between users and service providers unless explicitly stated otherwise.
The maximum financial liability of the company shall be determined under applicable laws and shall not exceed the total value of services provided to the user during the disputed period.
25. Modifications and Notifications
The company may update or amend the Terms of Use and services at any time, with the updated version published in the application or on the official website.
User notifications may be sent via email, in-app notifications, or any registered communication method.
Continued use of the application after any modification constitutes implied acceptance of the updated Terms.
26. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the applicable laws of the Kingdom of Saudi Arabia.
Any dispute arising between the user and the company shall first be subject to amicable resolution attempts.
If no amicable resolution is achieved, disputes shall be referred to the competent judicial authorities in the Kingdom of Saudi Arabia.
Any court ruling shall be executed in accordance with Saudi law and in line with the contractual terms set forth herein.
27. General Provisions
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain valid and enforceable.
The headings used in these Terms are for convenience only and do not affect legal interpretation.
Any delay or failure by the company in exercising its rights shall not constitute a waiver of such rights.
These Terms cover all aspects of using the application, including any future services added to the platform, unless otherwise stated.
