سبيل

Terms and conditions

For the use of Sabeel by customers and service providers.

These terms and conditions apply to your use of the Sabeel website and app (www.sabeel.online).

By using the Sabeel website and app, you agree to comply with these terms and conditions. If you do not agree with the terms and conditions, you must not use the website and app. We reserve the right to change the terms and conditions from time to time, and you should review them periodically. We are not obligated to contact or notify you of any changes made to the terms and conditions, and your continued use of the Sabeel website and app constitutes acceptance of the terms and conditions in effect at the time of your use. As part of our commitment to making Sabeel a place you want to visit regularly, we welcome your feedback on any of the policies or rules listed below.

Definitions

“You” refers to the user of the Sabeel website and app, and all expressions leading to that. “We” refers to the Sabeel Commercial Services Institution and all expressions leading to that. “Sabeel website and app” refers to the meaning specified above. “User information” refers to the personal details you provide to us through the Sabeel website and app. “Users” refers to the users of the Sabeel website and app, collectively or individually, as the context indicates. “Sabeel website and app” means the site and app on the World Wide Web. “Content” refers to any reviews, comments, messages, data, information, text, music, sound, image, drawing, video, code, or other materials broadcasted to or displayed on the Sabeel website and app, either directly or through a third-party electronic site. “Interactive areas” refer to discussion forums, bulletin boards, review services, chat services, or other forums provided by the Sabeel website and app that you or other users use to post content. “Automated processing” refers to any robot, spider, content analysis tools (screen scraper), data aggregation tools, or other automated routines or processes.

Terms and conditions

These terms and conditions, which may be subject to modification or change from time to time, apply to the lawful use of accessing the Sabeel website and app.

You must be at least 18 years old.

You must have full legal capacity to contract and engage in transactions.

Anyone under 18 years old using the Sabeel website and app must have parental or guardian consent to do so.

You acknowledge and affirm that you have the right and legal ability to use the Sabeel website and app as outlined in these terms and conditions.

You acknowledge that any use you make of the Sabeel website and app will be in accordance with the following conditions:

You will not copy, download, reproduce, republish, frame, broadcast, or transmit in any way any of the materials provided by the Sabeel website and app except for your personal, non-commercial home use only. You agree to comply with the specific rules that apply to any promotion in which you participate in any way through the Sabeel website and app. You agree not to do anything that may affect the operation or security of the Sabeel website and app, cause unreasonable discomfort, abuse, or disrupt any other users or our staff.

You must not have previously benefited from Sabeel's services and been banned or prohibited from using the app or website. You must not be a competitor to Sabeel or offer any product similar to what Sabeel provides. The user and service provider must comply with all applicable laws and regulations within the country where the service is provided. You must provide accurate and truthful information to Sabeel, and you must comply with any notices issued by Sabeel regarding its services to ensure that no operational procedures are disrupted.

Your use of Sabeel's services must not cause harm, annoyance, or inconvenience to any person.

You must keep all account details and passwords secure.

You must provide us with all requested documents that prove your identity or the identity of your vehicle as determined by Sabeel.

Sabeel reserves the right to refuse to provide any service or access to the app without giving reasons.

To access the Sabeel website and app, you will need internet access. You are responsible for any connection, service, or fees associated with accessing the internet and for providing all necessary equipment to enable your internet connection (including computer, modem, and other necessary devices). Given the limited capacity of all servers and their simultaneous use by many users, you agree not to use the Sabeel website and app in any way that causes damage to or overloads our servers or any network linked to any of our servers. You must refrain from using the Sabeel website and app in any way that interferes or may logically interfere with the use of the Sabeel website and app by any other party, in violation of or potentially in violation of any applicable laws, or the legal rights or entitlements of any other party, according to all applicable laws.

You agree to refrain from the following (whether you do so yourself or through a third party):

Using an automated process to process, monitor, copy, extract any pages found on the Sabeel website and app, or any information, content, or data it contains or is accessible through the Sabeel website and app, without our prior written consent.

Using an automated process to collect or combine the information, content, or data contained or accessible through the Sabeel website and app with information, content, or data that is accessed through, or originates from, a third party.

Using any automated process to interfere with or attempt to interfere with the proper operation of the Sabeel website and app.

Performing any action that imposes an unreasonable or disproportionately large load on the infrastructure or bandwidth of the Sabeel website and app.

Reverse engineering, decompiling, disassembling, or performing any other actions to discover the source code or other algorithms related to the computer software used in the infrastructure and operations related to the Sabeel website and app.

Copying, reproducing, altering, modifying, creating derivative works from, or publicly displaying any part of the content of the Sabeel website and app without our prior written consent.

User-Generated Content

By submitting any content to the Sabeel website and application, you grant us a non-exclusive, free, perpetual, transferable, global, irrevocable, and sublicensable license to: (a) use, reproduce, modify, edit, adapt, translate, distribute, publish, copy, broadcast, and communicate the content in any form and in derivative works for display or performance to the public anywhere in the world through any media, whether now known or developed in the future; and (b) use the name you provided in connection with the content. You also grant us the right to take legal action against any individual or entity that infringes on your rights or our rights in this content. You acknowledge and agree that all content submitted to the Sabeel website and application by you is non-confidential and non-proprietary. You agree to provide all necessary consents and execute all required documents to enable us to fully benefit from the rights granted to us.

We are not obligated, nor do any terms and conditions require us, to use any content. Moreover, we are not required to compensate you in any way for the use of such content.

You are solely responsible for your use of the interactive areas, and all use of these areas is at your own risk.

By using the interactive areas, you agree not to post, upload, transmit, distribute, store, create, or publish in any form, or cause to be published on the Sabeel website and application, directly or indirectly through a third-party website or application, any of the following:

Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or otherwise creates liability or violates any local, national, or international law, including but not limited to securities regulations in the jurisdiction where the content was posted. Content that harasses or annoys others. Content that you do not own or have explicit permission to post. Content that infringes on any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party. Content that impersonates any person or entity or falsely claims affiliation with a person or entity, including us. Unsolicited promotions, political campaigns, advertisements, contests, sweepstakes, or offers.

Third-party personal information, including but not limited to last names, addresses, phone numbers, email addresses, and credit card numbers. Viruses, corrupt data, or other files that cause harm, damage, or malfunction. Content unrelated to the topic of the interactive area in which it is posted; or content or links to content that we deem in our sole discretion to (a) violate any of the above terms, (b) be inappropriate, (c) limit or prevent anyone else from using or enjoying the interactive areas or the Sabeel website and application, or (d) expose us or any of our affiliates or other users to harm or liability of any kind.

We are not responsible for or endorse any content posted, uploaded, broadcast, distributed, stored, created, or published in any way by users on the Sabeel website and application or through a third-party website or application.

We are not responsible for any content posted or stored in the interactive areas by you or any third party, nor for any loss or damage arising from such content.

We are not responsible for any errors, defamation, libel, slander, omission, lies, abuse, pornography, or profanity you may encounter while using the interactive areas.

We are not responsible for any statements, representations, or content provided by users in any public forum, personal homepage, or other interactive areas. While we are not obligated to screen, edit, or monitor any content posted or distributed through the interactive area, we may, at our sole discretion, remove, screen, reject, or edit without prior notice any content posted or stored on the Sabeel website and application at any time and for any reason. You are solely responsible for creating backup copies or replacing content you post or store on the Sabeel website and application at your own cost.

We are not responsible for or endorse any content posted by users, uploaded, broadcast, distributed, stored, created, or published in any way on the Sabeel website and application, either directly or through a third-party website or application. We are not responsible for any content posted or stored in the interactive areas by you or any third party, nor for any loss or damage arising from it. We are not responsible for any errors, defamation, libel, slander, omission, lies, abuse, pornography, or profanity you may encounter while using the interactive areas. We are not responsible for any statements, representations, or content provided by users in any public forum, personal homepage, or other interactive areas. While we are not obligated to screen, edit, or monitor any content posted or distributed through the interactive area, we may, at our sole discretion, remove, screen, reject, or edit without prior notice any content posted or stored on the Sabeel website and application at any time and for any reason. You are solely responsible for creating backup copies or replacing content you post or store on the Sabeel website and application at your own cost. In the event that you are deemed to hold any moral rights (including rights of attribution and integrity) in the content, you hereby declare, to the fullest extent permitted by law, that you: do not require the use of any personally identifiable information in connection with the content or any derivative works, updates, or improvements made to it; have no objection to the publication, use, modification, deletion, and exploitation of the content by us or our subsidiaries, licensees, subsequent owners, or assignees; forever waive and agree not to claim or assert any rights to any or all moral rights of authorship in the content or any parts of it; and forever release us, our affiliates, licensees, subsequent owners, or assignees from any claims you may otherwise assert based on any moral rights of any kind.

Using the interactive areas or other parts of the Sabeel website and application in violation of these terms and conditions may result in, but is not limited to, the suspension or termination of your rights to use the interactive areas and/or the Sabeel website and application. To ensure compliance with legitimate government requests, subpoenas, and court orders, and to protect other users and our systems, we may access and disclose any information we believe necessary or appropriate, including but not limited to, your user account information (name, email address, etc.), IP address, traffic information, usage history, and content submitted to the Sabeel website and application. Our right to disclose such information supersedes any obligations under our privacy policy. If you have any complaints arising from content posted, uploaded, broadcast, distributed, stored, created, or caused to be published on the Sabeel website and application directly or through a third-party website or application by another user, you agree to direct your complaint against that user and not against us.

Third-Party Websites

You acknowledge and agree that we are not responsible for the availability or content of any third-party website or app that you access through the Sabeel website and app.

We do not endorse, nor shall we be responsible in any way for, any content, advertisement, product, or service available on or through third-party websites. Subject to applicable laws that cannot be excluded, we make no warranties, representations, or commitments of any kind (a) regarding the quality, accuracy, merchantability, or fitness for a particular purpose of the material, products, or services on or available through third-party websites; or (b) that the material on or available through third-party websites does not infringe the intellectual property rights of any person. Any dealings between you and third parties, including advertisers or merchants found on or through the Sabeel website and app, including payment for or delivery of products and services or any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser or merchant in question. Accordingly, we are not liable for any loss or damage of any kind arising from such dealings.

Intellectual Property

Third-Party Websites

The copyright and all other intellectual property rights in all materials and content provided as part of the Sabeel website and app are owned by us or our licensors at all times. You may use this material or content only as authorized in writing by us or our licensors. You shall not, and shall not assist or facilitate others to, copy, reproduce, broadcast, distribute, adapt, commercially use, or create derivative works from the material or content.

If you become aware of any distribution or commercial exploitation of any kind, you agree to inform us directly.

Responsibility for the information provided by the Sabeel website and app.

Subject to the responsibilities mandated by law that cannot be excluded, neither we nor any of our directors, employees, agents, or contractors bear any responsibility towards you for any losses, damages, liabilities, claims, or costs (including without limitation legal costs, defense fees, or settlement costs) of any kind whatsoever, whether directly or indirectly arising from or connected to your access to the Sabeel website and app, its content, third-party websites or services, regardless of the cause, whether by contract, tort (including negligence), statute, or otherwise.

We commit to exercising reasonable care in maintaining the Sabeel website and app, but except as required by law, we do not assume responsibility for the quality, accuracy, or suitability for any specific purpose of the Sabeel website and app, and we do not promise that the material contained in the Sabeel website and app or any of its functions, or its servers, will operate without interruption or delay, be error-free, virus-free, or work compatibly with any other software or materials.

We accept responsibility for any fraudulent misrepresentation we make and for any death or personal injury resulting from our negligence. We are not responsible for any losses or damages you or others may suffer as a result of using or in connection with your use of the Sabeel website and app. We are not responsible for any loss resulting from causes beyond our control, including equipment or mechanical failures, communication line issues (including phone, cable, internet), unauthorized access, malicious code, theft, operational errors, extreme or unusual weather conditions (such as floods, earthquakes, or acts of God), fire, war, rebellion, terrorist acts, riots, labor disputes, or any other emergencies, delays, overbookings, cancellations, the death of a ruler, or governmental actions.

Privacy

The use of data on Sabeel is subject to the terms of the privacy policy we implement. The privacy policy is part of these terms and conditions and must be read in full. If you do not accept the terms of the privacy policy, you must refrain from using the Sabeel website and app. We acknowledge our commitment to all applicable privacy protection legislation at the time of its issuance regarding any personal information related to you that we have collected. You may be asked to provide information about yourself on different pages of the Sabeel website and app, and we commit not to use this information for any purpose not listed in the privacy policy, or for any purpose other than that specified by each site and app where such information is requested. Please use the feedback form on the Sabeel website and app to inform us of any changes to the information you have previously provided or if you wish to withdraw your consent to our use of the information you have provided us for the purposes specified or for any form of advertising communication.

Safety

We are committed to ongoing adherence to our safety policy to ensure the reliable use of the Sabeel website and app. When using the Sabeel website and app, especially when using any of the interactive areas available on the Sabeel website and app, you must always take the following precautions: maintain the confidentiality of your identity. Do not give your full name, postal address, phone number, email address, school name, or other information (except those we specifically request from you) that could allow someone to know your true identity. Do not meet someone you have met online. Do not respond to any messages that are hostile, rude, inappropriate, or make you feel uncomfortable in any way.

Indemnities

You acknowledge and agree to indemnify us and/or any of our affiliates and our employees, directors, and staff and/or those of our affiliates immediately upon demand for all claims, liabilities, losses, costs, including legal fees, arising from any breach or violation of these terms and conditions by you or any other damages arising from your use of the Sabeel website and app.

Termination

We reserve the right to immediately terminate your use of the Sabeel website and app if you breach any of the terms and conditions, or if we reasonably believe that you may breach any of the terms and conditions, or if you engage in behavior that we deem, in our sole discretion, unacceptable.

Contact

If you wish to provide any feedback to us regarding the Sabeel website and app, or if you have any questions related to it, please contact us through the form available on the Sabeel app.

Availability of the Sabeel website and app

Given that electronic services may experience interruptions or breakdowns, access to the Sabeel website and app is available as is and in its current state only. We reserve the right, at our sole discretion, to impose limits or restrictions on your use of the Sabeel website and app. Additionally, for security, technical, maintenance, legal, or legislative reasons, or as a result of any breach of these terms and conditions, we reserve the right to withdraw the Sabeel website and app or your access to it at any time without prior notice from us.

General

Invalidity and other matters: If any court or legislator decides that any provisions of these terms and conditions are invalid or unenforceable in any way, those provisions will be nullified and removed from these terms and conditions, while the remaining provisions shall remain in full effect. Governing law: These terms and conditions and the Sabeel website and app are governed by the applicable laws of the Kingdom of Saudi Arabia, as applied in Riyadh and in accordance with the regulations of the media legislator in Saudi Arabia. Any dispute arising shall be subject exclusively to the competent courts in Saudi Arabia or in the country where the service is provided. Third parties: These terms and conditions apply between us and the users. No other person has the right to benefit from these terms and conditions. We reserve the right to fulfill any of our obligations and exercise the rights granted to us by these terms and conditions through a third party. Assignment: We reserve the right to assign or transfer any or all of our rights and obligations stipulated in these terms and conditions to any third party.

Payment and Prices

Sabeel displays all prices in the app for each service, and prices are confirmed for each service before the order is placed. Prices may vary depending on the region, country, or time of service request, and some services have fixed prices, while others depend on distance or travel time. Sabeel may update prices at any time, and you should stay informed.

Delivery

Orders are not delivered inside Al-Masjid Al-Haram, Al-Masjid An-Nabawi, or any mosque that requires a permit for entry, or any mosque outside the Kingdom of Saudi Arabia. The order will be redirected to the nearest mosque.

If the customer cancels the order, the order amount will be refunded to the customer's account within fifteen days from the date of the order.

Delivery time

Orders are delivered within 7 business days from the order date.

Legal responsibility

Sabeel bears no responsibility for damages resulting from the use or inability to use electronic communication means with the website or app. The service provider is responsible for the quality of roadside assistance requested through the Sabeel app or service.

Sabeel is not responsible under any circumstances for any errors caused by the service provider or the transport company. Any feedback regarding the service provider should be provided in the service evaluation to take necessary action. Additionally, Sabeel is not responsible for any behavior, negligence, or all of the aforementioned from the service provider.

Sabeel does not provide any explicit warranties regarding the services provided. The applicable law and dispute resolution will follow the system in the country where the service is provided. Sabeel is not responsible for the delivery if the mosque is closed upon delivery. The service requester is responsible for following up on the order and ensuring its receipt.

Sabeel is a for-profit electronic marketplace and not a charity. The service requester must provide the recipient's name and phone number. In case of failure to do so, Sabeel is not responsible for any delay or issue in receiving the order. The user acknowledges that the Sabeel app has the right to choose any type of water it deems appropriate, provided that the water is approved by the Food and Drug Authority in the country providing the service. All prices on the Sabeel app are subject to the Sabeel pricing policy.

Special Terms and Conditions for Service Providers

First: The Contractual Relationship between Sabeel and the Service Provider

All rules and conditions constitute an official agreement between Sabeel Commercial Services and the service provider. Sabeel is an electronic platform that connects water companies with customers who need water cartons delivered via Sabeel's website or app. The app allows customers to request services and connects the provider with the customer based on the services available. Your use of the services provided by Sabeel constitutes your full acceptance of this agreement, including all terms and conditions. Sabeel reserves the right to amend or change these terms without prior notice. You are responsible for periodically reviewing the terms and conditions.

Second: Sabeel’s License to Service Providers

Sabeel grants you a non-exclusive license that cannot be transferred or sublicensed. The primary responsibility lies with the original user granted access, and no third parties may be involved without Sabeel's prior approval.

Third: Commitment and Acknowledgment

The service provider agrees to comply with all applicable laws in the Kingdom of Saudi Arabia or the country where the service is provided. You may not use Sabeel if your services have been previously suspended. You must be fully competent to contract.

You must provide accurate and correct information to Sabeel's team and the service requester. You may not use the service or app to harm, harass, or annoy anyone. You are prohibited from disrupting Sabeel's operations or attempting to damage the service or app in any way.

It is your responsibility to keep your username and password confidential. You must provide the required official documents proving your identity. Sabeel reserves the right to deny your use of the app without stating any reason. You must take all necessary safety and security precautions.

Services provided to the customer must be in compliance with the law. For example, vehicles involved in accidents may only be transported with official permission from traffic authorities. You must maintain customer confidentiality. If you suspect any security violations, you must report them to the appropriate authorities. The agreed-upon service must be provided to the customer, and any additional services must be requested through the app. All necessary permits and government documents for yourself and your vehicle, such as a valid driver’s license and insurance, must be in order.

Fourth: Pricing and Payment

Prices displayed on the app may vary depending on the region or country. You acknowledge and agree that providing any service through the Sabeel app incurs fees for using the app and offering services to customers, which will be deducted from your earnings. Sabeel may initially waive these fees, but they will be reinstated at a specified rate, and you will be notified through your control panel. Fees include applicable taxes as required by law. All fees you pay are final and non-refundable, unless stated otherwise by Sabeel. Any fees related to offering services through the app are immediately payable via bank deposit or transfer. Sabeel has the right to revise fees for services at any time and without the service provider's approval, including increases due to timing or geographical location. You must comply with the invoice issued by the app and collect it from the customer. If the system malfunctions, you must collect the original amount. Sabeel has the right to review invoices and handle any complaints from customers regarding your services without objection from you.

Sabeel reserves the right to offer promotions and discounts to customers periodically, as part of its marketing plan. You must comply with the advertised prices and agree to Sabeel’s right to adjust prices from time to time. You agree to act with integrity regarding transaction amounts, meter readings, and other matters, and you acknowledge that any fraud or deception will result in suspension of your services.

Fifth: Disclaimer of Liability

Sabeel is not responsible for any damages, losses, or obligations arising from the customer’s (or customers’) failure to pay the service provider. Sabeel is not liable for compensating the service provider for any losses or damages resulting from such non-payment. The same applies if the system malfunctions and data such as accounts or costs are lost. Any personal disputes between the service provider and the customer are not Sabeel’s responsibility, and Sabeel will not intervene if the matter is referred to official authorities. The service provider must not consider this agreement an employment contract, as the relationship is one of brokerage service in exchange for commission paid to Sabeel. Sabeel bears no legal responsibility for any damages, losses, claims, or requests.

Sixth: Contract Duration and Termination

Sabeel reserves the right to terminate the contract immediately at any time (by suspending your access to the app and services) in case of any breach of the terms. If it becomes evident to Sabeel that you are misusing the app or service, the contract may be terminated without prior notice.

Sabeel is not required to send a notice before terminating the contract. Sabeel also reserves the right to stop displaying your services to app users at any time without providing a reason for termination. The service provider acknowledges this right and agrees that no compensation will be claimed in the event of such action. Sabeel reserves the right to modify, replace, or change any term or condition, or to suspend or discontinue the app or services at any time.

Privacy policy

[A privacy policy is a statement or legal document (in privacy law) that discloses some or all of the ways a party collects, uses, discloses, and manages a customer or client’s data].

"All credit/debit card details and personally identifiable information will not be stored, sold, shared, rented, or leased to any third parties."

"The website policies and terms & conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, customers are encouraged to frequently visit these sections to stay updated on changes to the website. Modifications will be effective on the day they are posted."

"We accept online payments using Visa and MasterCard credit/debit cards in AED (or any other agreed currency)." The logos of the accepted cards should be mentioned on the homepage and the payment page.

Delivery and Shipping Policy: Inclusion is mandatory and must include the point mentioned below (applicable according to the website's products/services).

[Once the order is placed, the process for delivering/shipping items/goods and the terms and time frame for the products to reach the customers will be followed.]

"The website will not deal or provide any services or products to any countries subject to the Office of Foreign Assets Control (OFAC) sanctions in accordance with the laws of the United Arab Emirates."

The policy for multiple shipments must be mentioned on the website.

At checkout, disclose to the cardholder the possibility that multiple shipments may lead to multiple postings on the cardholder's monthly statement.

Refund/Return Policy: Inclusion is mandatory and must include the point mentioned below (applicable according to the website's products/services).

[A refund policy is the compensation paid to the customer for overbilling or for returned goods, which will be mentioned on the website if permitted, along with the terms under which refunds will be issued to customers.]

The recommended statement is "Refunds will only be processed through the original payment method."

Cancellation and Replacement Policy: Inclusion is mandatory (applicable according to the website's products/services).

[The cancellation and replacement policy must be mentioned on the website if permitted, along with the expected time frame for reporting the cancellation/replacement of an item/order and the related terms. The conditions under which cancellation and replacement will be allowed should be stated.]

Governing Law and Jurisdiction: Inclusion is mandatory and must include any of the points mentioned below.

[The law that governs the merchants and customer transactions made during the customer's use of the e-commerce website.]

"Any purchase, dispute, or claim arising from this website or in connection with it is governed and interpreted in accordance with the laws of the United Arab Emirates."