Terms & Conditions
Please read these Terms and Conditions of Use carefully before using the Take In App or Website. These Terms and Conditions govern your access to and use of the Platform. The Platform is available for your use provided 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 access or use the Platform. By accessing or using the Platform, you and the party you represent (or “you” and other personal pronouns) agree to be bound by these Terms and Conditions of Use.
INTRODUCTION
Take In is a virtual marketplace platform that connects users with local sellers. You may order food or other goods and services through the Platform to be delivered from specific sellers, including their agents licensed or franchised by the sellers, or other sellers in the cities of the Kingdom of Saudi Arabia and other regions in which Take In provides these services (hereinafter referred to collectively as “Sellers”).Take In is not a seller or supplier of the goods, and is not involved in any way in the supply chain or production process of the goods. The sellers available on our platform operate independently without any interference from Take In. Sellers are required to comply with all laws, rules, regulations and standards relating to the production, sale and marketing of their products, including, but not limited to, with respect to food preparation and safety and disclosure of menu information. Take In does not guarantee or are in any way responsible for the sellers' products or their safety and does not guarantee their compliance with all applicable laws in this regard. In addition, Take In does not guarantee the quality of what sellers sell, nor does it guarantee the services they provide, including, but not limited to, delivery services provided by sellers or through a third party. Take In does not independently verify, and is not responsible for, the representations made by sellers regarding their products, including, but not limited to, any descriptions, disclosures or images displayed on the platform by the seller, and does not guarantee that they reflect these representations represent the reality of the products provided by the seller and/or delivered by our delivery partners (as defined below). Take In allows third-party sellers to list and sell their products on the platform. In each of these cases, this will be indicated on the relevant product detail page. Take In only facilitates transactions carried out on the platform, and therefore is not considered a buyer or seller of the products sold by the seller. Take In offers a place for buyers and sellers to discuss and finalize transactions. Accordingly, the contract concluded upon termination of the sale of these third-party products is strictly between the buyer and the seller. Take In is not a party to this contract and does not assume any liability arising out of or in connection with this contract, nor is it acting as an agent for the seller. The Seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and the seller. Take In is not a delivery company or a common carrier. However, some delivery services are provided through Take In's network of independent delivery service providers (“Delivery Partners”). Take In has entered into agreements with delivery partners that require them to comply with all applicable local laws, rules and regulations, including, but not limited to, traffic laws, requirements of official vehicle control authorities, and applicable insurance requirements. By accessing or using the Platform, you agree and acknowledge that Delivery Partners are solely responsible for the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or for any acts or omissions, errors or provision of incorrect information by any Delivery Partner, and you disclaim Take In's liability in relation to any of the same.
USING THE PLATFORM
You may only create and maintain one account on the Platform (each is called an “Account”) for your personal use. Based on your use of the Platform and Services, you acknowledge your legal and legitimate capacity to legally comply with Take In, and you agree and commit to the following: (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 and accurate, modern, and complete.The Platform may allow you to use the Services without creating an account or without logging into your account. If you use the service in this way, we may create an account for you based on the information you provide to us in connection with your financial transaction (for example, payment information, name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (under the age of 18), you must obtain the permission of your parent or legal guardian; To use the platform, and to be subject to the direct supervision during its use of your parents, one of them, or your legal guardian. Your parents, or one of your legal guardians, must read and agree to this agreement before using the platform. Notwithstanding the foregoing, you may not use the platform or access the services if you are under 13 years of age.If you are using the platform on behalf of a legal entity, you represent and warrant that you have the power and authority to bind that organization to this agreement and you agree to be bound by this agreement on behalf of that legal entity. If you provide any information that is untrue, inaccurate, not current, or incomplete, including, but not limited to, the presence of an invalid or expired payment method on the account, or if Take In has reasonable grounds to suspect that if any information provided by you is incorrect or incomplete, Take In has the right to prohibit your current or future use of the platform and/or services (or any part thereof) and/or terminate this agreement and cancel your account. If your account is canceled for any legitimate reason, you may forfeit any pending, current or future balance, other perks, promotions, and other forms of unredeemed value in your account or associated accounts without any obligation or liability on Take In, including prior notice to you. You are responsible for maintaining the confidentiality and security of your account, including your password, including any Facebook or Google account password or third-party login. You are also responsible for all activities, financial transactions and other actions that occur using your account, or are Take In in connection with your account. You shall commit to all of the following: (a) immediately notify Take In of any known or suspected unauthorized use(s) of your password, your account, or any known or suspected breach of yours, including, but not limited to: 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. Take In will not be liable for any loss or damage of any kind arising from or in connection with your failure to comply with paragraphs (a) or (b) or for any acts or omissions by you or any other person using the account and/or password.
YOUR INFORMATION
In order to provide you with services through the platform, we may ask you to provide certain personal and payment information necessary to perform the services or for the purpose of collecting information. By using the platform or creating an account, you acknowledge that Take In itself or through a third party may store your information and use it to carry out the platform’s services, marketing, and any other use permitted by law. This acknowledgment from you constitutes your written consent to this agreement. Your information will be stored and used in accordance with our Privacy Policy.
Privacy Policy
The terms and conditions of the Privacy Policy are an integral part of these Terms and Conditions. You should read and understand our Privacy Policy carefully before agreeing to these terms and conditions.
DISCLAIMER
The Platform, services, 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 specified in writing. Within the limits of applicable law, Take In 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 warranties of merchantability, fitness, or infringement. Take In also does not represent or warrant that the platform and/or the services and/or the materials and/or other content on the platform will be secure and/or uninterrupted and/or error-free, and that such defects will be corrected and/or that the platform, services, materials and/or other content on the platform are free of viruses or other harmful components. Take In also does not warrant or make any representations regarding the use of the platform or the results of the use of the platform and/or the services and/or the materials and/or any other content on the platform in terms of their truthfulness, accuracy, reliability, timeliness, completeness, currency or otherwise, including, but not limited to, the safety, quality and/or timeliness of delivery requested on the platform and/or the foods or other products delivered. You (and not Take In) shall assume the entire cost of all necessary servicing, repair or correction in connection with your use of the platform and/or the services, materials and/or any other content on the platform. Take In shall not be liable for delays or failure to perform resulting from causes beyond Take In's reasonable control, including, without limitation, delays and other problems inherent in the use of the Internet and electronic communications. Take In shall not be liable for any delays, failures in delivery, or other damage resulting from such issues. Take In relies on vendors and other third-party food and beverage providers to provide accurate allergen information, nutritional information, and overall product safety. Take In does not represent or warrant that the information displayed is accurate, complete, reliable, current or error-free, including, without limitation, menus, nutritional information, allergen information, photographs, food quality or descriptions, pricing, hours of operation, or audits. All such information is provided for information purposes only. Reliance on any information displayed through the platform is at your sole risk, including, but not limited to, nutritional information and allergen-related information.
LIMITATION OF LIABILITY
Within the limits of applicable law, in no event will Take In be liable to you for any indirect, special, incidental, punitive, exemplary or consequential damages or any losses or damages whatsoever (including personal injury, loss of data, revenue or profits, goodwill, use or other economic advantage), even if Take In has been advised in advance of the possibility of such damages, arising from warranty, contract, tort, or any other action of any kind arising in any way from or in connection with the platform or the services provided on or through the platform or by Take In. Take In assumes no responsibility for, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your accessing, using, browsing, or downloading any materials from the platform. Take In does not assume any responsibility or liability in any way arising out of or in connection with any information, content, products, services or materials available on or through the platform, as well as any third-party website pages or additional websites linked to such the platform is also not responsible for any error, defamation, slander, omission, obscenity, pornography, indecency, danger, or inaccuracy mentioned above or for any damage to person or property resulting from so. These limitations on liability apply regardless of the adequacy or inadequacy of the limited remedies that may be given.
Payment
The use of certain features of the platform, including, but not limited to, placing or receiving orders, may require you to make certain payments, including commissions or other fees. When you make such payments, they are final and non-refundable, unless otherwise specified by Take In. Take In, in its sole discretion, may offer rewards or refunds on a case-by-case basis, including, for example, in the event of an error in your order or in the amounts charged to you. Take In will make withdrawals from the payment method provided by you, and you acknowledge that you authorize Take In to collect the financial dues from you from the payment method that you specify at the time of purchase. Occasionally, especially in cases where the payment method is via credit card, Take In may request pre-authorization of your credit card account prior to purchase; to verify that the credit card is valid and has a balance available for purchase. Take In reserves the right to limit, delete 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 incorporate additional fees and/or charges into sellers' listed prices. For some transactions, the subtotals shown at checkout are estimates only and may be higher or lower than the total amount due. Regardless of the reason, Take In reserves the right to charge the final price after payment, including but not limited to all applicable transaction taxes. Take In may also, at its sole discretion, offer other perks or promotions with different features and different prices available to some or all of its users. Unless made available to you, these perks and promotions will have no impact on your obligation to pay the restricted amounts.
Copy Rights
Except for your content (defined below), the platform and everything on it, including, without limitation, text, images, videos, graphics and software (collectively, the “Materials”) are owned by or licensed to Take In. The platform and the materials are protected by copyrights, trademarks, trade dress, domain name, patents, trade secrets, international treaties and/or other intellectual property or proprietary rights and laws in the Kingdom of Saudi Arabia and other countries. Except as otherwise stated on the platform and excluding the intellectual property rights of other companies displayed on the platform, all intellectual property rights, such as trademarks, service marks, logos, trade dress and trade names, are owned by Take In. Accordingly, you are not entitled to download any content from the platform, including, but not limited to, materials, and if you do so, Take In will not be liable in any way for any damage to your computer system or resulting loss of data regarding this download. Please also note that Take In takes the preservation of its intellectual property rights seriously, and will not hesitate to take all legal measures to preserve them. Subject to your compliance with this agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the platform for your personal, non-commercial use, only to the extent expressly permitted under this agreement, and subject to all terms and conditions of this agreement, all applicable intellectual property laws, and any additional terms (as defined below), any other use of the platform is strictly prohibited. Nothing in the platform and/or materials should be construed as granting you any license or right to use any of the materials (other than as set forth in this agreement) and/or third party owned content on the platform without the express written permission of Take In or the owner of relevant third party, as appropriate. Take In and Take In's licensors reserve any other rights not expressly stated in this agreement.
ADDITIONAL TERMS
Your use of the platform is subject to any and all additional terms, policies, rules and instructions applicable to the services or certain features of the platform that we may post or link to on the platform (collectively, “Additional Terms”), such as end user license agreements, agreements or other rules applicable to specific features, promotions or content on the platform, including, without limitation, the Google Maps/Google Earth Additional Terms located at https://maps.google.com/help/terms_maps.html and the Privacy Policy of Google at https://www.google.com/intl/ALL/policies/privacy/index.html. All such additional terms are considered an integral part of this agreement.
Termination of the Agreement
The use of your rights under this agreement will automatically expire without prior notice if you fail to comply with any provision of this agreement, and thus your rights under this agreement will be deemed automatically terminated. Furthermore, Take In reserves the right, in its sole and absolute discretion, to modify or suspend or discontinue the platform and/or the services provided on or through the platform (or any part thereof), including without limitation the platform features, look and feel, functional elements and related services at any time, with or without prior notice. We will have no liability whatsoever as a result 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 Applications (if any) and discontinuing use of the platform and the services provided through it. Upon termination of this agreement for any reason or without giving any reason, the following shall result in the following: (1) the use of your rights to access the Platform shall expire, and you shall immediately cease using the platform and the services; and (2) the provisions regarding performance of obligations will remain in effect, even after the termination of this agreement. Take In reserves the right to seek, by all lawful remedies, damages due under proprietary rights laws and regulations in the event of your violation of this agreement, including, but not limited to, the right to block access to the platform and/or services from a particular account and/or device and /or Internet Protocol address. In any event, 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. In all cases, we may assign this agreement in whole or in part at any time to any party without notice to you or obtaining your consent. Any waiver by you other than this provision will be null and void.
Amendment to the Agreement
We may amend this agreement from time to time with prior notice to you and all users of such amendment. If we make a change to this agreement, it will be effective immediately upon posting, 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 will agree to such amendments when notified to you. By continuing to access and/or use the platform and/or services after we post the updated terms, you agree to be bound by the updated terms even if you have not previously agreed to them. If you do not agree to the updated terms, you will continue to use the platform and/or access the services. The updated terms and conditions will be effective and govern any disputes between you and Take In, even if the dispute arises or includes facts dated before the effective date of the updated terms and conditions.
GOVERNING LAW
The terms, conditions, and policies contained in this agreement shall be governed by and construed in accordance with the laws in force in the Kingdom of Saudi Arabia.
Dispute settlement
Any dispute, controversy or claim arising from or relating to this agreement, or in connection with the violation, termination or invalidity of the agreement, shall be settled by the competent Sharia courts in the city of Riyadh, in accordance with the laws and regulations applied in the Kingdom of Saudi Arabia.
ENTIRE AGREEMENT
This agreement, together with any amendments and any additional agreements you may enter into with Take In with respect to the platform and services contained herein, constitutes the entire agreement between you and Take In with respect to the platform and services contained herein.
CONTACT INFORMATION
If you have any questions regarding this agreement or the platform, please visit our Help page for answers and contact information.
Delivery Partner's Terms and Conditions.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
contact information.
If you have any questions regarding this Agreement or the Platform, please visit our 'Help' page for answers and our contact information.