Terms & Conditions

These Terms of Use (the “Terms”) shall apply to the Yaqoot Mobile Application Services (“Application” or “Yaqoot”); and any other services that are made available to you under such Application from time to time (the “Services”). The Application and the Services are provided to you by Mobile Telecommunications Company Saudi Arabia (Zain) (hereinafter referred to as “Yaqoot”).

 

General Use

The Application shall only be used for non-commercial purposes, strictly in accordance with the Terms or any amendments to the terms from time to time.

 

Please read the Terms carefully before using the Application and/or Services.

 

By using this Application and/or Services (including any purchases on the Application), you agree to be legally bound by:

•    the Terms;

•    the Privacy Policy, which is located at privacy policy;

•    All other policies, conditions, and applicable guidelines that may be applicable in the kingdom of Saudi Arabia.

 

By using the Application, you also agree that Yaqoot is authorized to change, modify or update any of the Terms without prior notice to you.

 

Prohibited Conduct by Yaqoot

Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the  Application for personal purposes only.  This License does not grant you any rights to use the Application interfaces and other intellectual property in the design, development, manufacture, licensing or distribution for use of third parties. You agree that you will not use the Application and/or Services for any revenue generating endeavor, commercial enterprise or any other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning. You agree that you will not use the Application and/or Services in any way that would breach any laws; including but not limited to the laws of  the jurisdiction that you are subject to. Any unauthorized use terminates the license of use granted to you by Yaqoot under these Terms. All rights not expressly granted to you by the provided Terms, are strictly reserved for Yaqoot.

 

Warranties and Limitation of Liability

The Application software and Services are provided on an “as available” basis without warranty of any kind. Yaqoot makes no representations or warranties of any kind, express or implied, as to the operation of the Application and Services. You expressly agree that your use of the Application and Services is at your sole risk. You expressly acknowledge and agree that Yaqoot shall not have any liability whatsoever to you or any third party arising from or as a result of using the Application and/or Service defects, failure of the Application and/or Service to operate in accordance with or conform to any specifications or requirements or personal injury or property damage caused by the use of the Application and/or Service. You further acknowledge that the Application representatives and affiliates are not liable for any purchase payments,  loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors or misuse in or omissions or any services or products obtainable from the Application or Services, (b) the unavailability or interruption of the Application or Services or any features thereof: (c) your use of the Application or Services, (d) the content contained in or accessible through the Application or Services, and/or (e) any delay or failure in performance beyond our control.To the maximum extent permissible by applicable law, Yaqoot disclaims: (i) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or any materials relating to the use of the Application and Services; (ii) damages and/or loss of any kind arising from or relating to the use of the Application and/or Services, including, but not limited to direct, indirect, incidental, punitive, aggravated and consequential damages; and (ii) all warranties, express or implied in connection with the Application and Services, including, but not limited to, implied warranties of non-infringement and their merchantability and fitness for a particular purpose.

 

Security and Privacy

It is your responsibility to maintain the security of your device from unauthorized access. Any provision to us of your personal and other information: (i) is subject at all times to our above Privacy Policy located at privacy policy and (ii) may be stored on your device and Yaqoot backend service even if such information is not collected by the Application. (iii) user grants permission for Yaqoot to host the user personal information like name, contact book, photos and phone number in a local Zain server. While Yaqoot will make commercially accepted efforts to maintain the security of customer transactions, its liability towards you in cases of third party theft or misuse is limited to the funds which Yaqoot has already collected in reference to the your most recent order.

If customer has reason to believe that the personal application or device security has been breached or hacked, it’s customers responsibility to immediately change the passwords and notify Yaqoot about the breach.

 

Referrals and Promotional Codes

Yaqoot may, at  its sole discretion, create referral and/or promotional codes (“Promo Codes”) on the Application. Promo Codes may be redeemed (used) for discounts on future Services and/or a third Party Provider’s Services, or other features or benefits related to the Services and/or a third PartyProvider’s Services, subject to any additional terms that Yaqoot establishes. Yaqoot reserves the right to modify promotional codes without prior notice to you .

When you use the Application, you agree that Promo Codes: (1) must be used for the intended audience and purpose, and in a lawful manner; (2) may not be duplicated sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Yaqoot; (3) may be disabled by Yaqoot at any time for any reason without liability to Yaqoot; (4) may only be used pursuant to the specific terms that Yaqoot establishes for such Promo Code; (5) are not valid for cash; and (6) may expire prior to your use.

Any use that violates the conditions listed herein shall be subject to conditions enforced by Yaqoot including but not limited to suspension of user accounts. Yaqoot reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes on the Application by you or any other user in the event that Yaqoot determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of the Terms.

 

Sim Card and E-Gift Card Services

The Terms shall apply to all Sim Card and E-Gift Cards that are offered on the Application by Yaqoot and appropriate merchants (“Merchants”).

By purchasing a Sim Card or using any E-Gift Card – you agree to and accept such terms.

1. Redemption: E-Gift Cards may only be redeemed toward the purchase of eligible products.

2. Fraud: Yaqoot shall not be responsible if a Sim Card is lost, stolen, destroyed or used without permission. Yaqoot shall have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Sim Card is activated and/or redeemed and/or used to make purchases on the Application.

3. Limitation of Liability:

In the event a Sim Card is non-functional, your sole remedy will be the replacement of such Sim Card through the App.

 

Services Provided by Affiliates and Third Parties Disclaimer

By using the Application and/or Services, you acknowledge and agree that (1) some of the features on the Application and/or Services may be provided by third parties or other platforms; and (2) you may be subject to the terms of service of those third parties in addition to the Terms as the case may be.

Competent to Enter into a Binding Agreement

By using the Application and/or Services, you are representing to us that you are of legal age (18 years and over), legally competent to enter into a binding agreement and are not otherwise prohibited from using or receiving the Application pursuant to applicable law.

 

Changes to the Application

Yaqoot reserves the right to issue upgraded versions of the Application and/or Services and may automatically upgrade the version of the Application and/or Services on our website. We may change, expand and improve the Application and/or Services. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Application and/or Services in certain regions, which shall not entail any financial claim or compensation of any kind.

 

Electronic Communications

When you use the Application and/or Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail / in-app notifications, SMS and through calls. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Account Information

You are responsible for maintaining the confidentiality of your account and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account. It is your responsibility to advise us if you are aware of any unauthorized access to your account. Yaqoot reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. You are required to provide accurate and complete information when you create your account with us, and you are required to maintain at all times true, accurate and complete information related to your account. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and/or Services. You are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application and/or Services. You are under no obligation to use or continue to use the Application and may cease use of the Application without notice to Yaqoot.

 

Trademarks

Yaqoot and other marks we use in connection with the Application, the Services and our website are wholly owned by Mobile Telecommunications Company Saudi Arabia (Zain) and /or its subsidiaries together with all Yaqoot graphics, logos, page headers, button icons, scripts, and service names, trademarks and trade dress. Yaqoot’s trademarks and trade dress may not be used in connection with any product or service that is not Yaqoot’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yaqoot. All other trademarks not owned by Yaqoot or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yaqoot or its subsidiaries.

 

Carrier Charges

You acknowledge and understand that when using the Application from your phone it will require and utilize phone service or data access. Carrier rates for phone and data may apply and you are responsible for any such charges including but not limited to roaming charges.

 

Compatibility with Devices    

Yaqoot does not warrant that the Application will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device. Yaqoot is not responsible for any damage to user device.

 

Indemnification

You agree to indemnify, defend and hold Yaqoot and its owners, partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Application.

 

Modification of The Service And User Terms

Yaqoot reserves the right, at its sole discretion, to modify or replace any of these terms, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you a notice through the Service, Application or via email. Yaqoot may also impose limits on certain features and Services or restrict your access to parts or all of the Service without notice or liability to you.

 

Honoring Your Payment Commitments

When you make a purchase using the Application you are representing to us that (1) any credit information you supply is true and complete, (2) charges incurred by you will be honored by your credit/debit card company, and (3) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

 

Returns and Refunds

Yaqoot does not accept cashbacks, refunds or returns. Yaqoot reserves the right to update returns and refunds policy at any time without any prior notice to you.

 

Unlawful Activity

Yaqoot reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to the law enforcement officials, regulators, or other third parties and disclose any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Product Descriptions

Yaqoot attempts to be as accurate as possible. However, much of the product information associated with the Application is provided by third parties for which Yaqoot relies on to be accurate and non-misleading. Accordingly, Yaqoot does not warrant that the Application, product descriptions, and other content on this site are complete, accurate, non-misleading, reliable, current or error-free.

 

Miscellaneous

The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Application is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of your use of the Application.

 

License and App Access Limitations and Restrictions

We grant you a limited license to access and make personal use of Yaqoot.

This license does not include the right to the following all of which are prohibited: (1) any resale or commercial use of our app or its contents; (2) any collection or use of any product listings, descriptions, or prices; (3) any derivative use of our app or its contents; or (4) any use of data mining, robots, or similar data-gathering and extraction tools. The app or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose.

 

Applicable Law

You agree that the laws of the Kingdom of Saudi Arabia will govern the Terms of use with Application Services; and/or any dispute of any sort that might arise between you and Yaqoot or any of its representatives or  affiliates will be subject to the jurisdiction of the authorised courts of Riyadh.

 

App Usage Policy

Your use of the Application and/or Services, is subject at all times to all applicable laws and regulations in the kingdom of Saudi Arabia. It is your responsibility to provide the mobile device, wireless service/data plan and software needed, in order to install and use the Application and/or Services. You are solely responsible for any fee, cost or expense that you may incur, to download, install, purchase and/or to use the Application and/or Services on your mobile device or smartphone.

 

Online Conduct

You agree to use the Service in accordance with these Terms of Use and only for lawful purposes. Whereby, you agree that any conduct that restricts or inhibits any other user from using or enjoying the Service will not be permitted, and is subject to Yaqoot’s sole discretion. You further agree that you will not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. You agree that you will not harass or send inappropriate content to other Yaqoot customers, and will treat other customers with respect according to Saudi culture and subject to the Laws of Saudi Arabia.

 

The provisions of these Terms of Use are for the benefit of the Yaqoot, its affiliates and the service providers, merchants, sponsors and licensors; and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.