This Captain Contract (“Captain Contract”) is binding and constitutes its legal and regulatory effects between Tkfa, and all its subsidiaries, representatives, officials, directors, and third parties, hereinafter referred to as Tkfa, us, our, and between any individual who downloads Tkfa platform as a courier and deliverer to benefit from its services, hereinafter referred to individually as the Captain and collectively as Captains. A captain is any person who accesses Tkfa Platform by creating an account on the platform to provide delivery offers and delivery services to users. All that is stated in this Captain Contract governs and regulates the captain’s use of Tkfa Platform, whether through its website or mobile application, hereinafter referred to as Tkfa Platform or the Platform. Tkfa Platform is an electronic platform that provides solutions to deliver users’ orders by enabling them to assign delivery couriers to purchase/receive and deliver orders to and from the location specified by the user.
By accessing and using the services of Tkfa Platform, the Captain attests to and acknowledges that they have read, understood, and agreed to all that is stated in the Captain Contract and that they are in full legal and mental capacity, which creates a contractual relationship between the Captain and Tkfa. In the event that they do not agree with all or part of what is stated in this Captain Contract, they will not be permitted to use and access the services of Tkfa Platform. Tkfa may terminate this contract or any of the services related to it immediately, or in general stop providing its services, or prevent the captain from accessing them partially or entirely at any time without the need to revert to the captain.
Tkfa reserves the right to amend or update this Captain Contract partially or entirely, such as but not limited to: the terms and conditions, adding/removing services, adding/ removing policies for specific events or specific promotions, captain reward programs, discounts, and promotions, or adding/ removing privacy policies, noting that the captain will be notified upon any amendment or update to the Captain Contract. Amendments are added to the Captain Contract for the services provided, and thereof are considered part of the contract. The captain’s continued access to or use of Tkfa Platform after the notice of modification and update constitutes their agreement to abide by the Captain Contract as amended. Further, Tkfa reserves the right to amend any information on the pages referred to in the hyperlinks in this Captain Contract from time to time. These modifications become effective upon publication. And the captain’s continued access to and/or use of the services of Tkfa Platform after any such changes constitute their agreement to these adjustments.

1. Captain Relationship with Tkfa
The captain acknowledges that they are aware that their relationship with Tkfa Platform is a contractual relationship between two independent parties for the purpose of the captain’s use of the platform services. The captain acknowledges that they have no business relationship with Tkfa, and what regulates this contractual relationship is this Captain Contract. The captain understands and is aware of the inadmissibility of interpreting or defining the contractual relationship between the captain and Tkfa as a business relationship, a joint venture, a franchiser relationship with its franchisee, a partnership, an agency, or an establishment between the captain and Tkfa. The captain explicitly acknowledges that this Captain Contract is not an employment contract and does not establish a working relationship between the Captain and Tkfa. The captain, therefore, undertakes that they comprehend and acknowledge that they are not an employee, agent, representative, or an authorized person from Tkfa.
Tkfa Platform does not direct, control, or manage the captain’s performance under this Captain Contract. Tkfa Platform is not responsible for the captain’s actions or negligence nor the operation and maintenance of their vehicle. The captain has the sole right to decides when, how, and where to use Tkfa Platform. Including their decision to accept, reject, or ignore delivery orders on Tkfa Platform. The captain is not required to display their name, logos, or colors on their vehicle, nor are they required to wear a uniform or any other clothing bearing Tkfa’s emblems, except for any signage or permit/license required by law in the Kingdom of Saudi Arabia.

2. Tkfa Platform Services
Tkfa provides an electronic bridge through its Platform between the captain and the user. Tkfa Platform enables captains to meet the needs of users by purchasing products or receiving items by allowing captains to submit offers, which they deem appropriate to provide a delivery service to the user. Provided that the value does not exceed five thousand Saudi Riyals per order.
Tkfa Platform provides the following electronic services:
1. Personal Delivery of Orders from Stores and Restaurants.
2. Personal Delivery of Orders from Home-to-Home.

1. Personal Delivery of Orders from Stores and Restaurants

2. Personal Delivery of Orders from Home-to-Home.

3. Captain Account

To use the services of Tkfa Platform, the captain must create an active personal account on the platform (“The Account”). The captain must be at least 18 years old to create an account on Tkfa Platform. Account registration requires submitting certain personal information such as:
1. Full name including middle name, as it appears on the national ID card for Saudi nationals or Iqama residency card for non-Saudis.
2. ID card number for Saudi nationals or Iqama residency card number for non-Saudis.
3. Address as registered in the Saudi National Address platform.
4. Mobile number registered on Absher platform.
5. Age.
6. Valid e-mail address.
The captain agrees to enter their information and ensure that it is updated regularly and accurately in their account, and they acknowledge and attest to its validity. The captain must upload a personal photo of themselves showing their complete face. To officially use Tkfa Platform the captain must have a verified account. The captain’s failure to update their personal account information may lead to the inability to access or use the services of Tkfa Platform. The captain is responsible for all activities that occur under their registered account, and they agree to maintain the security and confidentiality of their account username and password at all times. The captain may not have more than one account on Tkfa Platform.

4. Captain Contract Validity

This Captain Contract shall remain in effect for the complete duration of the captain’s personal account activity unless the captain deactivates their account on Tkfa Platform by following the official account deactivation procedures. The captain has the right to deactivate their account at any time and permanently delete the platform installed on their smartphone; by doing so, the captain will be unable to access Tkfa Platform and its services.
Tkfa has the right to terminate the contract immediately and at any time without reverting to the captain by deactivating the captain’s account, which disables the captain from accessing the services of Tkfa Platform if the captain violates any of the terms stated in this Captain Contract or if the captain does not agree to the updates and amendments that may occur from time to time on the terms of this Captain Contract. Tkfa has the right to decide to deactivate and close Tkfa Platform at any time without the need to revert to the captain.

5. Requirements, Acknowledgements, and Warranties

The captain is not entitled to authorize the use of their account to third parties, and the captain cannot provide delivery services to persons under the age of 17. The captain may not assign their account or transfer its ownership to any other person or entity. The captain agrees and is obligated to comply with all enforceable laws and regulations within the Kingdom of Saudi Arabia when using Tkfa Platform. The captain may only use the platform for legal purposes and in a manner that does not conflict with Islamic Shariah and local traditions, such as but not limited to the delivery of illegal or dangerous materials that will be specified in paragraph (6. Prohibited Conduct). In some cases, the captain may be required to provide proof of identity for access or while using the services of Tkfa Platform, the captain agrees that they may be restricted from accessing, using, or completing services on the platform if they refuse to provide proof of identity.
By providing delivery services through Tkfa Platform, the captain acknowledges, guarantees, and agrees to all of the following:
1. They are at least 18 years old.
2. They are of good conduct, have not been convicted of any crime involving breach of honor or public trust unless they have been exonerated.
3. They have accurately entered their full name as shown in the national ID card for Saudi nationals and the Iqama residency card for non-Saudis.
4. They have accurately entered the national ID/Iqama number conforming with the national ID card numbers for Saudi nationals and the Iqama residency card numbers for non-Saudis.
5. They have accurately entered the registered mobile number of their Absher platform, and that they are obligated to operate the mobile registered on the platform when accepting delivery offers.
6. They have successfully uploaded a clear and recent official photo showing their entire face.
7. They have accurately entered their bank account and/or STC Pay account information.
8. They will use the services of Tkfa Platform only after verifying their account.
9. They have their own valid driver’s license that enables them to deliver orders safely.
10. They are obligated not to smoke in the car while delivering to ensure the safety and cleanliness of orders.
11. They are obligated to communicate with the user through the chat feature on Tkfa Platform only to preserve the rights of the captain and the user and to ensure information security. The captain is prohibited from communicating with the user through other social media applications such as but not limited to: WhatsApp, Telegram, and others.
12. They are obligated to identify themselves when communicating with the user in the following format:

“Hello, I’m (Captain name) your Tkfa Captain,
and I’m glad to assist you.
Please confirm your order.”

6. Prohibited Conduct

When using the services of Tkfa Platform, the captain acknowledges that they are prohibited from conducting the following:
1. Impersonating any person or entity.
2. Harming any person or entity, whether by harassment, abuse, stalking, threatening, or carrying any weapons or prohibited dangerous materials.
3. Violating any law, regulation, or Islamic Shariah, or the customs and traditions prevailing in the Kingdom of Saudi Arabia.
4. Damaging and/or disrupting Tkfa Platform in any way directly or indirectly, or any of its servers and networks.
5. Posting, sending e-mails, or transmitting any instructions, software instructions, files, or malware developed to disrupt, destroy, erase, or limit the functions of Tkfa Platform or any computer program, device or communications equipment, or intercept or confiscate any system, data or information. Stealthily and illegally.
6. Interacting and/or posting information on Tkfa Platform in a fraudulent, defamatory, abusive, obscene, vulgar, racist, or sexual orientation.
7. Using Tkfa Platform in any way that violates the rights of any third party, including intellectual property rights, copyrights, patents, trademarks, trade secrets, other proprietary rights, rights of publicity or privacy.
8. Cyber phishing and/or copying and/or falsifying any part of Tkfa or the Platform, without obtaining prior written permission from the platform or using the trademark, promotional codes, or other files, programs, and devices that contain any reference to Tkfa or the platform; by committing fraud, or deceiving people, or directing them to any other platform, or stealing their information;
9. Transferring and/or selling the captain account, password, or any other captain information to any other party.
10. Discriminating or harassing anyone based on race, national origin, religion, gender, physical or mental disability, medical condition, marital status, age, or sexual orientation.
11. Causing any third party to engage in prohibited activities through Tkfa Platform.
12. Using Tkfa Platform to purchase prohibited and/or illegal products/items under the Kingdom of Saudi Arabia laws and regulations. Such as but not limited to, purchasing alcoholic beverages of all kinds, purchasing all sorts of drugs, and purchasing pornography of all types. Tkfa Platform also prohibits purchasing illegal products/items, as specified in the banned and restricted goods for individuals issued by the Saudi Customs.

For further details you may visit the official Saudi Customs website link referred to below:
https://www.customs.gov.sa/ar/general/prohibited-goods.

The captain acknowledges that they will become personally liable and will have to answer any claim brought by law enforcement or any third party for committing any infringement on the prohibited conduct specified in paragraph 6 of this Captain Contract through Tkfa Platform. Furthermore, Tkfa reserves the right to claim compensation from the captain in court for any damage caused by the captain for such misconduct.

7. Communication

The captain agrees to communicate with and receive communications from Tkfa Platform, including email correspondence, calls, notification alerts, and text messages. The captain agrees that the platform, its affiliates, and the user will communicate with them, including but not limited to: operational communications related to the captain’s account and communications related to promotional offers administered by the platform. The captain also agrees and acknowledges that all communications and correspondence will be recorded and maintained with Tkfa. All communication materials, audio, video, and written communication between the Captain and Tkfa is conclusive and final proof in case of any dispute.

8. Captain Generated Content

Tkfa has the right and sole discretion to allow the captain from time to time to submit, upload, publish or provide text and/or audio and/or visual content and information on Tkfa Platform through the platform services and/or any other platforms. These include social networking sites, text messages, and e-mails, including comments and inputs related to services, creation of support requests, and re-posting of promotional offers, all included under (“Captain Content”). Any content created by the captain remains the property of Tkfa.

The captain is solely responsible for the content they provide on Tkfa Platform, whether text, audio, or visual. The captain acknowledges and contests not to submit or post any captain content that is defamatory, abusive, violent, obscene, pornographic, racist, illegal, or offensive in any form and is known later as (Inappropriate Content). The captain acknowledges that Tkfa has the absolute right to delete any inappropriate content, whether this content is protected or unprotected by law. The captain is solely responsible before the relevant authorities in the event of any complaint or claim associated with the captain’s inappropriate content. Tkfa may review, monitor, or remove captain content at its absolute discretion at any time and for any reason without reverting to the captain.

9. Accessing Network and Devices

The captain acknowledges that when they use the services of Tkfa Platform and offer to deliver orders, they are obligated to ensure their internet connectivity and activity of the mobile number registered on the platform until order delivery completion. Network providers may impose charges for the use of internet data, messages, and mobile subscriptions; the captain is solely responsible for such costs according to their subscribed or activated packages. The captain is also responsible for acquiring and updating the appropriate equipment or devices necessary to access the services of Tkfa Platform and any updates or modifications related to it and its use.

10. Fees and Payment

When the captain sends an offer to the user, Tkfa Platform automatically adds a percentage ranging from 20% to 25% of the captain’s total delivery fee, and it will appear in the final offer to the user. Depending on the demand estimation and varying administrative expenses of Tkfa Platform. The captain who provides offers to deliver orders through Tkfa Platform is aware that using the platform’s services makes them obligated to pay the specified commission percentage to Tkfa in exchange for their financial benefit through the platform. In the captain’s account on the platform, Tkfa provides the captain with an electronic wallet to monitor debit and credit financial balance. The captain’s continued use of the platform’s services without submitting any financial objection request concerning the amounts shown in their electronic wallet within 24 hours from recording the amounts constitute their approval of those amounts.
The captain acknowledges and undertakes that the commission paid to Tkfa Platform, in addition to the taxes and fees it determines, shall be sufficient in a manner that does not contradict the enforceable laws and regulations in the Kingdom of Saudi Arabia.
If the user completes the payment through one of the electronic payment options, Tkfa will verify the delivery process’s completion and the payment process confirmation. Afterward, Tkfa Platform will directly transfer the cost of the purchased product/item in addition to the delivery fee to the captain’s bank account or their STC Pay account registered in the captain’s account on the platform. And if the user pays in cash, the captain must transfer the specified commission to the bank accounts shown on Tkfa Platform when the total cash amount reaches 250 Saudi riyals.
Tkfa is not responsible for any additional amounts paid to the captains outside the platform, such as Tips. The user voluntarily pays tips without any obligating. The captain shall be responsible for all amounts debited under their captain’s account, regardless of their awareness of these amounts or the charges related to them. Tkfa has the right to request the captain to pay any amounts due in their account at any time. All fees are paid by a third party that works on processing and verifying Tkfa Platform payments, for instance, but not limited to Apple Pay, Mada, STC Pay, or credit cards. Tkfa may make amendments by adding or removing a third party; if such modifications occur, Tkfa will notify the captain. The captain meets all their obligations towards Tkfa upon transferring the agreed upon commission for using the platform’s services. The captain has the right to review their order history, and they may check their orders, balances, and received amounts by accessing the order log.

11. Request Cancellation Mechanism

The captain may cancel an order providing that they provide Tkfa with supporting documents in the following cases:
1. If the captain experienced a traffic accident -God forbid- while delivering an order.
2. If the store/restaurant is closed outside prayer times.
3. If the captain finds that the product/item is classified as prohibited material.
4. If the user cannot be reached via platform communications for seven minutes from the captain’s arrival to the delivery location in domestic orders and ten minutes in international orders.
The captain must submit a request on Tkfa Platform to cancel an order by writing the valid reasons and uploading the supporting attachments that prove the validity of cancellation. Tkfa Platform will block the captain’s account, if the captain rescinds the request three times without providing Tkfa with valid proof for cancellation.

12. Marketing, Promotional Codes, Offers, Discounts, Referral and Captain Reward Programs

The captain agrees that Tkfa has the absolute right to determine the content of the advertising and promotional materials published within the platform. The captain has no right to interfere with the content of these materials or use or exploit them in illegal ways. The captain agrees that Tkfa has the absolute right to create promotional codes (“Promotional Codes)” that may be redeemed and added to the captain’s account or other benefits related to the platform’s services. The captain agrees that promotional codes should be used by its intended audience and for its intended purpose and in a legal manner; thus, the captain may not copy, sell, or transfer its ownership in any way or make it available to the public (whether published on a public form or otherwise), unless explicitly permitted by Tkfa. Captains reward programs, referral programs, and promotional codes are not a method of cash payment. The captain agrees that Tkfa Platform may suspend or disable any of its promotional codes, captain reward programs, or marketing campaigns at any time for any reason without incurring any legal liability. The captain agrees that Tkfa reserves its right to withdraw or deduct added credits or other benefits, or benefits obtained through the use of these promotional codes by the captain or by any other captain if proven to be an error, fraud, illegal practice, or violation of the conditions applicable within this contract. The captain acknowledges that they alone are responsible for regularly reviewing the code page, promotions, discounts, referral programs, and captains’ rewards.

13. Intellectual Property Rights

The captain agrees that any questions, comments, suggestions, ideas, notes, or other information and what the captain sends to the platform through correspondence and communication, are considered non-confidential and will become the exclusive property of Tkfa. The captain agrees that it is not permissible to use Tkfa’s logo, or Tkfa Platform, or any of its signs, or branding or marketing materials without written permission issued by the company’s board of directors that own Tkfa company, which operates Tkfa Platform.

14. سياسات الخصوصية

Tkfa collects captain information when they use the platform, whether through the mobile phone, website and/or call center, and through other interactions and communications, which the captain makes with the platform. This Privacy Policy defines the basis on which any information will be processed, including any personal data that Tkfa collects from or provides to the captain. The captain’s continued access to Tkfa Platform and its services provides the platform with new information. Consequently, the captain agrees and permits the practices described in this Privacy Policy. Tkfa respects the captain’s personal information and is committed to its protection.
To enable Tkfa Platform to conduct its practices, the captain acknowledges and agrees on the following:
1. Tkfa Platform collects the information provided by the captain when they use the platform’s services; in addition to usage information, Tkfa collects device information on which the platform is installed. The information that Tkfa Platform collects from the captain includes, but is not limited to: account information, communications, text messages, geographic location, order details, communications between the captain and the user, ratings, and comments.
2. The rating system works between the captain and the user to enable them to evaluate their experience at the end of the service, and the captain acknowledges that they acknowledge that the rating may affect their chances of entering prizes, competitions, raffles and benefiting from discounts and promotional campaigns of Tkfa.
3. The captain acknowledges and understands that their account on the Tkfa Platform shall be banned in the following cases:
A. If the captain continues to receive a low rating of three stars for an entire month.
B. If the captain received a low rating of three stars for three consecutive orders. Note that Tkfa Platform will notify the captain if they continue to receive low ratings.
4. Tkfa Platform collects the captain’s location information, such as GPS data and WIFI networks, based on the platform settings and the captain’s device permissions.
5. Tkfa Platform works with third parties, for example, but not limited to: to facilitate phone calls and text messages between the captain and the user, process payments, publish marketing content on the platform, activate some reward programs and promotional codes, security checks, and insurance service providers.
6. Tkfa collects information through cookies, tracking captain data (Pixel/Beacon Tracking), and data analysis tools to try to improve the captain’s experience for the platform’s services.
7. Tkfa stores, maintains and protects captain information as long as the captain maintains an active account on the platform.
8. Tkfa maintains transaction information and requests such as trips and payments for at least ten years to ensure its ability to perform legitimate business functions.

15. Limitations of Liability; Disclaimer, Indemnity

The captain agrees and acknowledges that Tkfa Platform does not guarantee that its services will operate on any equipment or devices of specific types or specifications. It also agrees that in some cases, the platform services may suffer from malfunctions and delays related to the use of the internet and electronic communications, and therefore Tkfa Platform is not responsible for these faults and delays. The captain agrees that Tkfa Platform provides services “as is” and “as available” and does interfere in any way in the sale, production, manufacture, or preparation of any of the products/items produced in stores or restaurants. The captain agrees that Tkfa Platform only allows the captain to provide delivery offers to its users. The captain releases Tkfa from any liability ceasing all express, implied, or legislative representations and undertakings. The captain is solely responsible for the safety of the product/item arriving from the store/restaurant in its original condition to the user. If the product/item is exposed to damage due to negligence in the delivery, Tkfa is not responsible for compensating the captain for any losses resulting from that. If the user submits a complaint against the captain regarding negligence in the order’s delivery and the user’s complaint is proven correct, the captain shall be obligated to pay the damaged product/item’s value.
The captain shall absolve Tkfa, its officials, directors, employees, agents, any affiliated companies and any third parties thereof from all claims, demands, direct and indirect losses, responsibilities and fees (including attorneys’ fees) that may arise from the captain’s access to the services of the platform, violation of this contract or one of its parts, or if third parties compromise the captain’s information security outside of Tkfa’s control. Tkfa has the right to allow the user to file a complaint against the captain through the platform if the captain failed to deliver a paid-for product or personal item in the home-to-home delivery service by the user outside the platform. The captain agrees that if the user requests to file a formal complaint against them before the relevant judicial authorities in the Kingdom of Saudi Arabia regarding the captain’s failure to deliver their orders, and that Tkfa has the right to provide the user with the captain’s personal information if proven that the captain collected the product/item and did not deliver it to the user.
The captain agrees and acknowledges that Tkfa Platform is only a platform that connects them to the user, enabling captains to provide offers for delivery by purchasing/receiving products/items for the user in exchange for a commission. The captain agrees that the delay in delivering the order to the user due to force majeure will not be a liability of Tkfa.

16. Dispute Resolution

This Captain Contract is subject to the laws and regulations of the Kingdom of Saudi Arabia and is interpreted accordingly. Any dispute, claim, or any conflict arising from the terms of this Captain Contract shall be settled under the Kingdom of Saudi Arabia’s laws and regulations. Including disputes related to violations, terminations, use of the platform or its services, and if it is necessary to file a lawsuit against the captain inside or outside the Kingdom of Saudi Arabia, the captain is obligated to pay all expenses, fees, and costs, for example, but not limited to: attorneys ‘fees, experts’ fees, translation fees, travel fees, Etc., which Tkfa might incur in filing its lawsuit against the captain.

17. Notifications

Tkfa may send general notices of services by sending an email to the captain’s email or by sending a written letter by conventional mail to the address registered in their account. The captain may send notices to (“Tkfa Limited Liability Company”) registered with the Ministry of Commerce in the Kingdom of Saudi Arabia with Commercial Registry No. (4030305162) using the provided contact information available on Tkfa contact page on the platform.
For further inquiries related to this Captain Contract, the captain may contact Tkfa by sending an email to:
support@tkfa.com
Date: … / … / 2020

Tkfa seeks through Tkfa Platform to provide the best solutions to deliver users’ requests by enabling the user to authorize captains to purchase/receive and deliver orders to and from the location specified by the user. To provide premium services with excellence, Tkfa needs to collect, use, share, store, and maintain some of the user’s personal information. The Privacy Policy in this Service Contract aims to help the user understand how Tkfa uses their information to improve the user’s experience on the platform.
Tkfa collects user information upon the user’s access and use of the platform. Whether through the mobile phone, website, customer service call center, or through the user’s interactions and communications with the platform. This Privacy Policy defines the basis on which any information will be processed, including any personal data that Tkfa collects from or provides to the user. The user’s continued access to Tkfa Platform and its services provides the platform with new information. Consequently, the user agrees and permits the practices described in this Privacy Policy. Tkfa respects the user’s personal information and is committed to its protection.

9. Scope of Privacy Policy

This Privacy Policy applies to any user around the world accessing the services of Tkfa Platform.

10. Collected Information

Tkfa Platform collects the information that the user provides when using the platform’s services; the user also provides usage information and device information on which the platform is installed. Tkfa collects information about the user from other sources such as third-party services and voluntary programs in which they may participate, combined with additional details previously registered on the platform by the user. The following are the types of information that Tkfa Platform collects from and/or about the user:

10.1. Information the User Provides to the Platform
10.1.1. Account Registration
When a user creates an account on Tkfa Platform, the platform collects the information entered by the user. Such as the name, address, email, mobile phone number, date of birth, and payment information. The user may choose to share additional information with the platform, like the user’s profile picture or addresses saved by the user, and other preferred settings, such as the user’s alias.
10.1.2. Rating and Feedback
The rating system between the user and the captain enables evaluating the experience at the end of the service. The user acknowledges that the evaluation may affect their chances of entering rewards, competitions, raffles, discounts, and promotional campaigns of Tkfa. When a user evaluates and provides feedback about Tkfa’s services or captains, Tkfa Platform collects and maintains all provided information.
10.1.3. Communications
When the user contacts the customer service center, the platform collects any information and content provided by the user, including but not limited to messages or attachments.

10.2. Collected User Usage Information by the Platform
10.2.1. Location Information
Tkfa collects user-provided location such as GPS and WIFI information based on the platform settings and user device permissions. The platform collects the exact location of the user’s device when using the application. Including when the application is running on the user’s background. Unless the user logs out of the platform or closes the platform on their mobile phone or website page.
10.2.2. Usage Information
Tkfa collects information about the user’s use of the platform, including order information, such as the date, time, pick-up and delivery location, distance, the captain’s route, payment history. And whether the user used a promotional or referral code. Tkfa also collects information about the user’s interaction with the platform, whether conducted through the website or the application. It also gathers information on users’ pages, viewed content, and the dates and times of access on Tkfa Platform.
10.2.3. Device Information
Tkfa collects information about the devices the user uses to access the platform, including device model, IP address, browser type, operating system version, carrier identity, manufacturer, network type, and frequency, including but not limited to: the fourth or fifth generation network (4G – 5G). In addition to preferences and settings, such as preferred language, device identifiers, ad identifiers, and payment notification icons.
10.2.4. Communication Between User and Captain
Tkfa works with a third party to facilitate phone calls and text messages between the user and the captain without sharing either party’s actual phone number with the other. Tkfa Platform uses a third party to provide such call service; consequently, it collects information about these communications, including the user and captain phone numbers, date and time of the call, and the contents of the SMS text messages and conversations. For security and other quality-related purposes, Tkfa may monitor or record the contents of phone calls made through the platform, and it will inform the user in such an event directly before the start of the call.
10.2.5. Contacts and Address Book
The user may customize their device’s permissions to allow Tkfa Platform to access their contact list, for example, but not limited to when a user enables contact list access to refer friends to Tkfa Platform. In doing so, Tkfa will access and store the people’s names and contact information in the user’s address book.
10.2.6. Cookies and Third-Party Technologies
Tkfa collects information through the use of cookies, tracks user data through technologies like Pixel and Beacon Tracking, and additional data analysis tools, including but not limited to: Google Analytics and any other third-party technologies that help the platform to understand the user’s behavior and interaction with advertisements on the platform. Tkfa Platform uses these modern technologies to make the user’s experience on the platform more secure and reliant, to learn about the user’s popular content, to improve the user experience, to provide ads that are compatible with the user’s interests, to save their preferences, time and effort. Cookies are small files that web servers place on a user’s device. They are designed to store basic information to help websites and applications recognize the user’s browser. Tkfa may use temporary (session) cookies and permanent cookies. The temporary cookie disappears after the user closes the browser or application. While the permanent cookie remains after the user close the browser or the application, it could be accessed every time the user uses the platform. User should review their web browser if they wish to modify the cookie settings. Please be aware that if the user deletes or chooses not to accept cookies from Tkfa Platform, they may not obtain some of the benefits of Tkfa Platform.
10.2.7. Information we Collect from Third Parties
Third parties provide Tkfa with the information necessary to complete additional services, programs, loyalty benefits, and promotions that enhance the user experience on Tkfa Platform. Third-party services include and are not limited to security screening providers, insurance partners, financial service providers, traditional and digital marketing service providers, other communication companies, and relevant government and private agencies. Tkfa Platform obtains the necessary user information from the third-party services to improve the user experience from the use of the services available through the platform, including information that allows for verification of captains in addition to information about the user’s participation in third-party programs that provide, for example, but not limited to:
● Insurance coverage.
● Financial instruments.
● Payments and transactions.
● Fraud detection information.
● Activation information for loyalty programs and promotional programs.
● Demographics.
● Market information.

It also allows the user, if they use the referral service, to invite their friends to use Tkfa Platform to collect user information from that referral, including name and contact information. Third-party sources such as government agencies, insurance companies, and media parties may provide Tkfa Platform with public information about the user.

11. Information Storage, Maintenance, and Protection

Tkfa maintains user information; thus, means that Tkfa keeps a user’s personal information as long as they have an active account. Tkfa keeps transactional information such as order and payment details for ten years minimum to ensure its ability to perform legitimate business functions. It also takes reasonable and appropriate measures designed to protect the user’s personal information. Note that there are no security measures whose effectiveness may be 100% reliable. Therefore, Tkfa cannot guarantee user information security, but it is committed to its protection. For instance, unauthorized interventions or prohibited actions by any third parties. Suppose the user wants to deactivate their account on Tkfa Platform. In that case, they must visit Tkfa Platform main and follow the deactivation instructions for submitting an account deactivation request. Note that in some instances, account deactivation will not be possible by Tkfa, if the user is a part of a problem, for example but not limited to a felony, security breach, fraud, outstanding balance due, a pending claim, or lawsuit in progress. When a user’s account is deactivated, Tkfa may retain certain information for legitimate business purposes or compliance with legal or regulatory obligations. For example, but not limited to, the platform may retain user information to resolve an open claim or as part of an ongoing legal claim. When Tkfa keeps information, maintains it in a manner designed to prevent it from being used for any other purposes.

12. Limitations of Liability; Disclaimer, Indemnity

Tkfa Platform allows its users to use its services to order from stores or restaurants through its electronic platform. Tkfa Platform provides a product/item delivery service by connecting the user with captains in the user’s city, or domestically within the regions of the Kingdom of Saudi Arabia, or internationally through captains intending to travel abroad and returning to the user’s city. Herewith enables the user to place purchase/receive and delivery orders. Tkfa Platform provides services “as they are” and “according to their availability.” Tkfa Platform does not sell or interfere in any way in the production, manufacture, or preparation of any product/item produced in stores or restaurants. Tkfa Platform only enables the user to search for and find local and international stores or restaurants on the platform, and purchase/receive orders delivered to the addresses specified by them on the platform. Therefore, by entering into this Service Contract, the user agrees and acknowledges that they have waived Tkfa from all expressed, implied, or legislative representations and liabilities.
The store or restaurant is solely responsible for complying with the laws, regulations, and standards followed in the Kingdom of Saudi Arabia, such as those related to the safety and quality control of products/items and their compliance with the standards set by the relevant authorities. Nevertheless, the user acknowledges that they understand that Tkfa is not responsible for the quality of the products/items that are purchased/received/delivered through the Tkfa Platform, and that the store or restaurant specified by the user is solely responsible with complying with the laws and regulations in the Kingdom of Saudi Arabia. The user agrees to release Tkfa, its officials, directors, employees, agents, any affiliated companies, and any third parties thereof from all claims, demands, direct and indirect losses, responsibilities, and fees (including attorneys’ fees) that may arise in association with the following:
1. The user access and use of Tkfa Platform and its services.
2. The user’s breach and/or violation of this Service Contract entirely or partially.
3. If user information security is breached, for example, but not limited to, through unauthorized interventions or prohibited actions by any third parties.
Concerning personal products/items that have been ordered through the home-to-home delivery service or the products/items that have already been paid for by the user outside the Tkfa Platform, the user agrees and acknowledges to release Tkfa from the liability of the products/items if the captain does not deliver them. If a captain fails to deliver the products/items, Tkfa allows the user to file a complaint through the Tkfa Platform. If the user requests to file a formal complaint before the relevant and judicial authorities in the Kingdom of Saudi Arabia, Tkfa will provide the user with the personal information of the captain if it is proven to Tkfa that the captain collected the products/items and did not deliver them to the user.
The user agrees and acknowledges that Tkfa is not responsible for any direct or consequential loss. Further, the platform will not be liable towards the user for any due representation, warranty, or any other condition, or any duty of public law, or under the express terms of this Service Contract, for any consequential or special loss or damage. Thus, includes accidental or punitive loss or damage whether resulting from the negligence of Tkfa Platform, its employees, agents, employees, or otherwise, and even if the user has been informed of the possibility of such damages.
Tkfa does not provide nor assure any declarations, representations, guarantees, or compensations regarding the reliability, timeliness, quality, suitability, safety, or availability of the ordered products/items, nor does Tkfa guarantee that the products/items are free of errors and faults from craft and product defects. Tkfa Platform connects the user and the captain and enables delivery services through the purchase/receive of products/items between the two parties for a commission fee for Tkfa.
Accordingly, Tkfa’s responsibility is limited to returning the user’s paid amount via one of the electronic payment methods if it is proven that the captain failed to deliver the product/item to the user. Tkfa is not responsible for any other cost liability towards the user besides returning the user’s paid amount via electronic means, in the case of failed delivery by the captain; provided that the user is not responsible for the reason for delivery failure. For instance, but not limited to:
● Providing the captain with an inaccessible or incorrect delivery address.
● Failing or rejecting to give the captain the four-digit unique code.
● Failure or rejecting to present requested official identification documents to the captain.
Tkfa is not responsible for the delays occurring in order delivery due to force majeure. Nevertheless, Tkfa may, in its absolute discretion, either reschedule the delivery date for the user’s order or terminate the order in whole or in part without any liability towards the user. Tkfa reserves the sole right to transfer the rights resulting from this Service Contract partially or entirely to any party or parties without reverting to the user.

13. Dispute Resolution

This Service Contract is subject to the laws and regulations of the Kingdom of Saudi Arabia and is interpreted accordingly. Any dispute, claim, or any conflict arising from the terms of this Service Contract shall be settled under the Kingdom of Saudi Arabia’s laws and regulations. Including disputes related to violations, terminations, use of the platform or its services, and if it is necessary to file a lawsuit against the user inside or outside the Kingdom of Saudi Arabia, the user is obligated to pay all expenses, fees, and costs, for example, but not limited to: attorneys ‘fees, experts’ fees, translation fees, travel fees, Etc., which Tkfa might incur in filing its lawsuit against the user.

14. Notifications

Tkfa may send general notices of services by sending an email to the user’s email or by sending a written letter by conventional mail to the address registered in their account. The user may send notices to (“Tkfa Limited Liability Company”) registered with the Ministry of Commerce in the Kingdom of Saudi Arabia with Commercial Registry No. (4030305162) using the provided contact information available on Tkfa contact page on the platform.
For further inquiries related to this Service Contract, the user may contact Tkfa by sending an email to:
support@tkfa.com
Date: … / … / 2020