Welcome to Mizwaj. These Terms of Service ("Terms") govern your access to and use of the Mizwaj mobile application, website and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Eligibility
To use Mizwaj:
- Customers: Must be at least 18 years old or the legal age in your jurisdiction.
- Vendors: Must be a legally registered business with valid commercial registration.
- Drivers: Must be at least 18 years old, hold a valid driver's license, and complete the verification process.
By using Mizwaj, you represent that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement.
2. Your Account
- You are responsible for providing accurate and complete information during registration.
- Keep your login credentials confidential and secure.
- Notify us immediately of any unauthorized access to your account.
- You may not maintain multiple accounts without our explicit permission.
- We reserve the right to suspend or terminate accounts that violate these Terms.
3. The Mizwaj Platform
Mizwaj is a marketplace that connects:
- Customers looking for flower arrangements, gifts, and related products.
- Vendors offering flowers, gifts, and related services.
- Drivers providing delivery services.
We facilitate transactions but are not the seller, manufacturer, or provider of products listed by vendors. Each vendor is solely responsible for their products, pricing, quality, and customer service.
4. Orders and Payments
Placing Orders
- Prices, availability, and terms are set by individual vendors and may change without notice.
- By confirming an order, you agree to pay the total amount including product price, applicable taxes (15% VAT), and delivery fees.
- Orders are subject to vendor acceptance and availability.
Payment Methods
- We accept payments through Moyasar (credit/debit cards), Tabby (Buy Now Pay Later), and Tamara (Buy Now Pay Later).
- Payment processing is handled by secure third-party providers.
- BNPL (Buy Now Pay Later) purchases are subject to approval by the respective provider.
Delivery Fees
- Delivery fees are calculated based on distance between vendor and delivery location.
- Fee tiers: 0-5 km (15 SAR), 5-12 km (19 SAR), 12-20 km (23 SAR), beyond 20 km (27 SAR + 0.50 SAR per additional km).
- Orders exceeding 75 km delivery distance cannot be processed.
- "Send to Friend" orders have a fixed delivery fee of 27 SAR.
5. Cancellations and Refunds
Order Cancellation
- Flower orders that are not accepted by a driver within 5 minutes are automatically cancelled and refunded.
- Vendors may cancel orders due to unavailability or other legitimate reasons.
- Customers may request cancellation before the order is confirmed by the driver.
Refund Process
- Refunds are processed to the original payment method.
- Credit/debit card refunds may take 3-14 business days to appear.
- BNPL refunds are processed according to the respective provider's policies.
- Partial refunds may apply depending on the order status and circumstances.
Specific cancellation and refund policies may vary by vendor and product type.
6. Delivery and Tracking
- Delivery is performed by independent drivers assigned through the platform.
- You can track your order in real-time within the app once a driver is assigned.
- Provide accurate delivery information and be reasonably available to receive your order.
- Delivery attempts may be limited; unclaimed orders may be returned or disposed of.
7. "Send to a Friend" Orders
When placing an order for delivery to another person:
- You must provide accurate recipient contact information.
- You confirm that you have the recipient's consent to share their details with us.
- The recipient may be contacted to arrange delivery.
- You remain responsible for payment and any issues with the order.
8. Vendor Terms
For vendors using the Mizwaj platform:
- Vendor accounts are auto-approved upon registration; products require admin review.
- You are responsible for the accuracy of product listings, pricing, and availability.
- Platform commission (default 10%) is deducted from product sales.
- Earnings are settled to your wallet after a holding period (minimum 7 days after delivery).
- Withdrawal requests are subject to admin approval and minimum withdrawal limits.
- You must maintain accurate business information and comply with all applicable laws.
9. Driver Terms
For drivers using the Mizwaj platform:
- Driver registration is managed through the admin panel; self-registration is not available.
- You must provide valid identity documents, driver's license, and vehicle registration.
- You must be at least 18 years old.
- Drivers earn 90% of the delivery fee; 10% is retained as platform commission.
- Earnings are settled to your wallet after successful delivery and holding period.
- You are responsible for safe and timely delivery of orders.
10. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of these Terms.
- Submit false, misleading, or fraudulent information.
- Interfere with or disrupt the Service, servers, or networks.
- Attempt to access accounts or data belonging to others.
- Reverse engineer, scrape, or attempt to extract source code.
- Harass, threaten, or harm other users, vendors, or drivers.
- Use automated systems to access the Service without permission.
11. Intellectual Property
All content, trademarks, logos, and software associated with Mizwaj are owned by Mizwaj or its licensors and are protected by applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.
12. User Content
If you submit reviews, photos, or other content:
- You grant Mizwaj a worldwide, royalty-free license to use, display, and distribute that content in connection with the Service.
- You are responsible for the content you submit.
- Content must not infringe any third-party rights or violate applicable laws.
- We may remove content that violates these Terms.
13. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. Mizwaj does not warrant that:
- The Service will be uninterrupted or error-free.
- Products and services offered by vendors will meet your expectations.
- Delivery times will be guaranteed.
- All information on the platform is accurate or complete.
14. Limitation of Liability
To the maximum extent permitted by law:
- Mizwaj and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages.
- Our total liability for any claim shall not exceed the amount you paid through the Service in the 30 days preceding the claim.
- We are not liable for actions or omissions of vendors, drivers, or third parties.
15. Indemnification
You agree to indemnify and hold harmless Mizwaj, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
16. Termination
We may suspend or terminate your access to the Service:
- At any time, with or without notice, for violation of these Terms.
- For conduct harmful to other users, vendors, drivers, or Mizwaj.
- For fraudulent or illegal activity.
You may close your account at any time from within the app or by contacting support.
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes:
- We will notify you via the app or email.
- The updated Terms will be posted with a new effective date.
- Continued use of the Service after changes take effect constitutes acceptance.
18. Governing Law
These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any disputes shall be resolved by the competent courts in Saudi Arabia.
19. Contact Us
For questions about these Terms, contact us:
- Email: support@mizwaj.com