Terms of Service

1. Introduction and Acceptance

Welcome to Walima ("Company," "we," "us," or "our"), a technology platform registered and operating in the Kingdom of Saudi Arabia. These Terms of Service ("Terms") govern your access to and use of the Walima platform, including our website, mobile applications, and services (collectively, the "Platform").

By accessing or using our Platform, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations of the Kingdom of Saudi Arabia. If you do not agree to these Terms, you must not access or use our Platform.

باستخدامك لمنصة متروسبيدي، فإنك توافق على الالتزام بهذه الشروط وجميع القوانين واللوائح المعمول بها في المملكة العربية السعودية.

2. Definitions

• "Corporate User" means any corporate entity, business, or organization that uses the Platform to order catering services for their employees, events, or business operations.
• "Partner Restaurant" means any food establishment that has entered into an agreement with Walima to provide food and catering services through the Platform.
• "Delivery Partner" or "Driver" means independent third-party contractors who provide delivery services through the Platform.
• "Services" means the technology platform services provided by Walima, including order facilitation, payment processing, and delivery coordination.
• "Order" means a request placed by a Corporate User for food and catering services from a Partner Restaurant.

3. Saudi Arabian Regulatory Compliance

3.1 E-Commerce Law Compliance

Walima operates in full compliance with the Saudi E-Commerce Law (Royal Decree No. M/126 dated 7/11/1440H) and its implementing regulations issued by the Ministry of Commerce. We are registered with the Ministry of Commerce and maintain all required licenses for electronic commercial activities.

3.2 Data Protection and Privacy

We comply with the Saudi Personal Data Protection Law (PDPL) issued by Royal Decree No. M/19 dated 9/2/1443H. All personal data collected, processed, and stored through our Platform is handled in accordance with PDPL requirements, including obtaining necessary consents, implementing appropriate security measures, and respecting data subject rights.

3.3 Anti-Money Laundering (AML)

Walima adheres to the Anti-Money Laundering Law and its implementing regulations issued by the Saudi Central Bank (SAMA). We implement Know Your Customer (KYC) procedures and report suspicious activities as required by law.

3.4 Food Safety Regulations

All Partner Restaurants must comply with the Saudi Food and Drug Authority (SFDA) regulations, including food safety standards, hygiene requirements, and labeling regulations. Walima requires all Partner Restaurants to maintain valid SFDA licenses and health permits.

3.5 Labor Law Compliance

Walima operates in accordance with the Saudi Labor Law and Ministry of Human Resources and Social Development regulations. Delivery Partners are independent contractors and are responsible for their own compliance with applicable labor and immigration laws.

4. User Obligations and Responsibilities

4.1 Corporate User Obligations

• Provide accurate and complete registration information
• Maintain the confidentiality of account credentials
• Ensure all orders comply with applicable laws and regulations
• Make timely payments for all orders placed through the Platform
• Provide accurate delivery locations and contact information
• Comply with corporate governance and internal approval processes
• Not use the Platform for any unlawful purpose

4.2 Partner Restaurant Obligations

• Maintain all required licenses, permits, and certifications
• Comply with SFDA food safety and hygiene standards
• Provide accurate menu information, including allergen declarations
• Prepare orders in accordance with specified requirements and timelines
• Maintain adequate insurance coverage for food service operations
• Respond promptly to customer complaints and quality issues
• Comply with Halal certification requirements where applicable

4.3 Delivery Partner Obligations

• Maintain valid Saudi driving license and vehicle registration
• Comply with Saudi traffic laws and regulations
• Maintain required vehicle insurance coverage
• Handle all deliveries with care and professionalism
• Maintain food safety standards during transportation
• Complete deliveries within specified timeframes
• Not engage in any discriminatory or inappropriate conduct
• Comply with immigration and residency requirements (Iqama validity)

5. Independent Contractor Relationship

Delivery Partners are independent contractors and not employees of Walima. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Walima and any Delivery Partner.

Delivery Partners are solely responsible for:

• Payment of all applicable taxes, including VAT and income taxes
• Compliance with General Organization for Social Insurance (GOSI) requirements
• Obtaining and maintaining appropriate insurance coverage
• Vehicle maintenance, fuel costs, and operational expenses
• Compliance with all applicable labor and immigration laws

Walima does not control the manner or method by which Delivery Partners perform their services, only the results to be achieved.

6. Payment Terms

6.1 Pricing and Fees

All prices displayed on the Platform are in Saudi Riyals (SAR) and include applicable Value Added Tax (VAT) at the rate prescribed by the General Authority of Zakat and Tax (ZATCA). Service fees, delivery charges, and any applicable surcharges will be clearly displayed before order confirmation.

6.2 Payment Methods

We accept payment through approved payment methods including credit cards, debit cards (MADA), bank transfers, and corporate invoicing for approved Corporate Users. All payment processing complies with Saudi Central Bank (SAMA) regulations and PCI DSS standards.

6.3 Invoicing and VAT

Walima issues VAT-compliant electronic invoices in accordance with ZATCA e-invoicing requirements (FATOORAH). Corporate Users will receive itemized invoices showing all applicable taxes and fees.

7. Limitation of Liability

7.1 Platform Liability

Walima acts as a technology platform connecting Corporate Users with Partner Restaurants and Delivery Partners. To the maximum extent permitted by Saudi law, Walima shall not be liable for:

• The quality, safety, or suitability of food prepared by Partner Restaurants
• Actions or omissions of Delivery Partners during the delivery process
• Delays caused by factors beyond our reasonable control
• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities

7.2 Maximum Liability

In no event shall Walima's total liability exceed the amount paid by the Corporate User for the specific order giving rise to the claim, or SAR 10,000, whichever is lower.

7.3 Partner Restaurant Liability

Partner Restaurants are solely responsible for the quality, safety, and compliance of food products they prepare. They must maintain adequate product liability insurance and indemnify Walima against claims arising from their food products.

7.4 Delivery Partner Liability

Delivery Partners are solely responsible for their conduct during deliveries, including any accidents, damages, or injuries occurring during the delivery process. They must maintain adequate insurance coverage and indemnify Walima against related claims.

8. Indemnification

You agree to indemnify, defend, and hold harmless Walima, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform or Services
• Your breach of these Terms or any applicable law
• Your violation of any third-party rights
• Any content you submit or transmit through the Platform
• Your negligent or wrongful conduct

9. Intellectual Property Rights

All intellectual property rights in the Platform, including but not limited to trademarks, logos, software, content, and designs, are owned by or licensed to Walima. These rights are protected under Saudi intellectual property laws, including the Trademark Law (Royal Decree No. M/21), Copyright Law (Royal Decree No. M/41), and international treaties.

You may not copy, modify, distribute, sell, or lease any part of our Platform or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission.

10. Cancellation and Refund Policy

10.1 Order Cancellation

Corporate Users may cancel orders in accordance with the cancellation policy specified at the time of order placement. Cancellation fees may apply based on the timing and nature of the cancellation, particularly for catering orders requiring advance preparation.

10.2 Refunds

Refunds will be processed in accordance with the Saudi E-Commerce Law consumer protection requirements. Refund requests must be submitted within 7 days of the order delivery date. Approved refunds will be processed within 14 business days using the original payment method.

10.3 Quality Complaints

Quality complaints must be reported within 24 hours of delivery with supporting evidence. Walima will investigate complaints and may offer refunds, credits, or replacement orders at its discretion.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, including Sharia principles where applicable.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiations. If negotiations fail, the dispute shall be submitted to the competent courts in Riyadh, Kingdom of Saudi Arabia.

11.3 Consumer Protection

Nothing in these Terms shall affect the statutory rights of consumers under Saudi consumer protection laws administered by the Ministry of Commerce.

12. Termination

Walima may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include:

• Breach of these Terms or any applicable law
• Fraudulent or illegal activity
• Non-payment of fees
• Conduct that harms Walima, other users, or third parties
• Expiration or revocation of required licenses or permits

Upon termination, all rights granted to you under these Terms will immediately cease. Provisions that by their nature should survive termination shall survive, including indemnification, limitation of liability, and dispute resolution provisions.

13. Force Majeure

Walima shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemic, civil unrest, labor disputes, power outages, or telecommunications failures. In such events, our obligations shall be suspended for the duration of the force majeure event.

14. Modifications to Terms

Walima reserves the right to modify these Terms at any time. Material changes will be notified to users via email or through the Platform at least 30 days before they take effect. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically. The "Last Updated" date at the top indicates when these Terms were last revised.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable Saudi law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16. Contact Information

For questions, concerns, or complaints regarding these Terms or our Services, please contact us:

للاستفسارات أو الشكاوى، يرجى التواصل معنا عبر البريد الإلكتروني: legal@getwalima.com