Before using the services provided by Keeta via its proprietary website, mobile application, etc. (collectively, the “Platform” ), you should read carefully these Keeta User Service Terms and Conditions (“Terms”), and other terms and conditions, product- or service-specific rules released by Keeta (collectively, the “Service Rules”). All the Service Rules are an integral part of and have the same legal force as these Terms. By accessing and using the Platform, you confirm that you have read, understood and accepted these Terms, including any Service Rules referenced herein or shown on the Platform. If you do not agree with or are unwilling to abide by these Terms, please do not continue to use/access the Platform.
The parties to these Terms are Keeta Technologies Arabia Limited, a company established in the city of Riyadh, with its registered address at 2791 Anas Ibn Malik St., 8141 Al Yasmeen Dist., Riyadh, Kingdom of Saudi Arabia, Postal Code 13322, CR number 1009019761, VAT registration number 312187366900003 (and/or its affiliates, collectively referred to as “Keeta”, “we” or “us”) and the user (“User” or “you”) of services available on the Platform. These Terms are the terms of service between you and Keeta for you to use the various services available on the Platform.
The Platform may be used by natural persons who have reached the age of 18 and corporate legal entities (e.g., companies).
You acknowledge and warrant that you have reached the age of 18 and have the competence of concluding a legally binding contract. If you are below the age of 18, you may use/access the Platform only with the consent of your parents or legal guardians, who shall accept these Terms and agree to take responsibility for your actions and pay any charges related to your use of the Platform and/or purchase of goods. If you do not have consent from your parents or legal guardians, you must stop using/accessing the Platform immediately. Keeta will not be responsible for any issues, damages, or liabilities arising from the use of the Platform by individuals under 18, even if consent from a parent or legal guardian has been provided.
Keeta may amend these Terms (including the Service Rules) from time to time. All amendments made to these Terms will be announced and posted on the Platform, so that you are notified of, and may promptly view and get familiar with such amendments. Please read these Terms regularly. Keeta will notify you of any material changes to these Terms via email or a prominent notice on the Platform separately. Your continued use of the Platform after we issue an update announcement or notice constitutes your consent to be bound by the Terms, as amended.
For any questions or suggestions on these Terms, you may reach out to our customer service personnel via the email “service_customer.ksa@keetainc.com” or the in-app “Customer Service Center” function.
1. About Keeta
Keeta is a technology company which provides a Platform for Users to obtain certain types of services. Services on the Platform may be supplied by Keeta or a third-party provider. Where the services are provided by a third-party provider, such third-party provider shall be solely responsible for such services, while Keeta’s role is merely to link the User with such third-party provider, and Keeta is not responsible for any acts and/or omissions of any third-party provider and will therefore not engage any liability for any acts/or omissions thereof. You acknowledge and understand that the third-party provider is not an agent, employee, or staff of Keeta; therefore, the services provided by third-party providers shall not be deemed to be provided by Keeta.
2. Platform Services
Keeta provides an online marketplace for you and vendors (“Merchants”) so that you may directly purchase various goods (“Goods”) from the Merchants via the Platform. When you place an order for Goods (“Order”) to a Merchant, Keeta acts as an agent and as a technology provider for such Merchant to facilitate, process, and conclude the Order, and subsequently Keeta provides and operate the delivery service of the Order to you by a third-party service provider (“Courier”).
Keeta, through its Keemart channel, offers a wide range of Goods for purchase on the Platform.
3. Your Account
3.1 Registration of Account
3.1.1 Before using the Platform,you need to register for a Keeta account. When registering for a Keeta account, you need to provide your personal information, including your mobile number and other information requested from you on the registration page (if applicable).
3.1.2 You are responsible for providing true, complete, and accurate information when registering for a Keeta account, and you shall bear the relevant legal liabilities or adverse consequences that are caused by unlawful, untrue, incomplete, inaccurate, or out-of-date information you provided.
3.2 Use of Account
3.2.1 (Applicable when Keeta provides an account password to log in to the Platform) You can log in to the Platform by using the account password that is filled in by you and verified by the system during account registration. Your unique password should not be shared with anyone and you agree to maintain the secrecy of it at all times. While you are responsible for keeping your password confidential, Keeta will implement robust security measures to protect your account data as required by the applicable laws and regulations.
3.2.2 In principle, Keeta allows you to use only one Keeta User account except for special circumstances accepted by Keeta, such as business integration. If there is evidence indicating that, or Keeta reasonably considers that, you have improperly registered or used multiple Keeta accounts, Keeta may combine relevant account information or take other reasonable measures. You are responsible for making corresponding indemnification in the event of losses caused by your unjustified registration or use to Keeta and relevant parties.
3.3 Save for cases of fraud, abuse, or security breached which are not your fault, you shall be responsible for all the consequences of actions conducted under your account, including but not limited to online agreements, browsing, purchasing, paying, commenting, filling in, uploading, or posting any content. If you detect a security problem with your account, please contact Keeta immediately. Keeta will investigate and address security issues promptly in compliance with applicable Saudi laws. Keeta shall not be liable for the occurrence or expansion of any potential losses if you fail to report a security problem promptly.
3.4 You may reach out to our customer service personnel to delete your Keeta account when all the conditions for account cancellation announced by Keeta are met. The conditions include but are not limited to: (i) there are no uncompleted Orders in the account; (ii) the wallet balance is 0 (if applicable); (iii) any other conditions specified on the Platform. You acknowledge and agree that, subject to legal provisions, we may restrict, suspend or terminate your permissions for browsing the Platform and/or for using your Keeta account if we reasonably believe that:
3.4.1 someone other than you is using your Keeta account; or
3.4.2 you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms or any Service Rules, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.
4. Conduct Prohibited by the Platform
4.1 You acknowledge and warrant that when using the services provided by Keeta, you shall comply with applicable law and shall not engage in any conduct that is illegal or prohibited by the Platform. Keeta reserves the right to investigate and take appropriate legal action against anyone who, in Keeta’s sole discretion, engages in any conduct prohibited by the Platform. The conduct prohibited by the Platform includes but is not limited to:
4.1.1 producing, posting, duplicating, viewing, disseminating and storing any content that: violates laws and regulations; disseminates obscenity, pornography, gambling, violence, brutality or terror, endangers the safety of others, or instigates crimes; fabricates or spreads rumours, insults, defames, threatens, harasses, abuses or slanders others, or infringes the privacy and other legitimate rights and interests of others; promotes discrimination or harassment based on race, gender, marital status, pregnancy, family position, religion, nationality, disability, sexual orientation or age; promotes terrorism or extremism; violates local customs and habits; depicts any dangerous, life-threatening or otherwise risky behaviour; constitutes cyber-bullying or “junk mail” as determined by Keeta in its sole discretion; or contains any other content prohibited by laws and regulations;
4.1.2 engaging in the following conduct that is harmful to the security of the computer information network: cracking, destructing, deleting, modifying or adding network services and relevant software and hardware facilities; deleting, modifying or adding the data stored or transferred in the computer information network or the application; stealing the password or hacking into the computer system of others by using software, hardware or other means; intentionally making or spreading computer virus or other destructive programs; or engaging in other activities that are detrimental to the security of the computer information network;
4.1.3 posting any content that infringes the intellectual property rights, trade secret or any other rights of any person;
4.1.4 spreading advertising information without permission, using false comments or other improper means to help others improve their ratings, or threatening or blackmailing other Users or Merchants by taking advantage of the commenting right (applicable when User’s comments are enabled on the Platform);
4.1.5 taking advantage of Keeta’s Platform or relevant services to conduct illegal or criminal activities, establish a website or communication group intended for carrying out fraud, teaching others how to commit a crime, making or selling prohibited and controlled items, or engaging in other illegal or criminal activities, or post such information;
4.1.6 without the prior written permit of Keeta, by yourself or by authorizing or assisting any third party, developing, supporting or using software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape and copy the data and any content displayed on the Platform;
4.1.7 fabricating transactions to claim compensation from Keeta or Merchant or disturb the orderly operation of the Platform;
4.1.8 harassing or threatening Keeta or any person (including but not limited to Users, Merchants and Couriers) on the Platform to disturb the normal operation thereof;
4.1.9 assisting Merchants or Couriers in falsifying Orders or other conduct that disturbs the normal order of transactions;
4.1.10 obtaining Vouchers by any fraudulent, dishonest or other cheating means, or abusing other promotion campaigns organized by Keeta (such as bulk account registration, malicious refunds, fictitious referrals, scalping, or fake transactions, etc.);
4.1.11 purchasing Keeta’s Goods or services with the intent of resale or commercial use (unless explicitly agreed upon in a separate agreement with Keeta);
4.1.12 posting content by impersonating another person, or allowing any other person or entity to use your identification for posting or viewing comments;
4.1.13 engaging in any other conduct that restricts or inhibits others from using the Platform, or which, in the sole discretion of Keeta, exposes Keeta, its Users and Merchants or any other parties to any liability or detriment of any type; or
4.1.14 encouraging other people to engage in any prohibited conduct as described herein.
4.2 You acknowledge and understand that if Keeta reasonably suspects or discovers the foregoing conduct prohibited by the Platform, Keeta reserves the right but is not obligated to take any or all of the following measures:
4.2.1 investigating whether any content posted on the Platform complies with the Terms and determine in its sole discretion to remove or request the removal of such content depending on the circumstances;
4.2.2 cancelling Users’ eligibility to participate in relevant campaigns;
4.2.3 implementing measures such as purchase restrictions or sale prohibitions on certain Goods;
4.2.4 suspending or terminating a User’s access to the Platform or such User’s Keeta account upon any breach of these Terms;
4.2.5 monitoring, editing or disclosing any content on the Platform;
4.2.6 pursuing legal liability against Users to the extent necessary and permissible under applicable laws, if Keeta or any relevant third party suffers damages thereof.
4.3 Keeta will report any conduct that involved unauthorized access, data breaches, or other cybercrimes to the relevant authorities and affected individuals in compliance with the applicable laws. Users are also encouraged to report any suspicious activity or breaches to Keeta immediately.
5. Orders
5.1 When browsing information about takeaway goods/services on the Platform, you should read carefully all the content contained in the information about takeaway goods/services, including but not limited to the name, type, quantity, quality, price, estimated delivery time of the takeaway goods/services, Merchant address, business hours and delivery method; you should click “Confirm” (or “Order”, “Next step” or buttons of a similar function, the same as below) only if you have read carefully, understood and fully accept all the content contained in the information about takeaway goods/services.
5.2 Some Merchants may require a minimum order value, which will be displayed on the Platform. You are allowed to place an Order for and receive the delivery of the Goods only if you meet the minimum order value. If your Order fails to meet the minimum order value, you have the option of paying the difference to meet the minimum order value or adding more Goods to your Order.
5.3 Please contact the Merchant prior to ordering if you have allergies or allergic reactions to certain Goods. Keeta cannot guarantee that the Goods sold by the Merchant are free of allergens.
5.4 Submitting and Confirming an Order
5.4.1 You will be directed to the Order details page (“Order Details”, the specific content and title of which may vary with the webpage or client version, and may be different at different times) after clicking “Confirm”. You should read carefully all the content contained in such Order Details, including but not limited to all the content in such Order information, the validity period of the takeaway goods/services under such Order that is displayed to draw you attention again, and conditions for claiming refunds (if applicable), and choose and confirm the purchase quantity, price, total payment amount, address for receiving the Goods, delivery time, etc. All the content contained in such Order Details constitutes the contractual content of the takeaway contract between the User and the Merchant; you should submit the Order only if you fully agree with all the content in the Order Details. Once the Merchant confirms to accept the Order, it indicates that the takeaway contract between you and the Merchant comes into existence.
5.4.2 Keeta specially reminds you that: Before submitting an Order, you should click to confirm the Order and make payment only after reading and confirming all the content in the Order Details one more time, and your submission of the Order indicates that you have acknowledged, agreed to and accepted all the content in the Order Details. Once an Order is accepted, all the content contained in the Order Details will be deemed as the content of the takeaway contract, including but not limited to the name, type, quantity, quality, price, validity period, Merchant address, business hours and delivery time of the takeaway goods/services; you and the Merchant should perform your respective rights and obligations pursuant to such takeaway contract.
5.5 Cancelling an Order and Refunds
5.5.1 If an Order has not yet been accepted by the Merchant, you can directly cancel the Order and request refund on the Order page by using the “Cancel Order” function. If you wish to cancel an Order after the Order is accepted by the Merchant, you acknowledge, understand and agree that the Merchant may not agree with you to cancel the Order on the ground that the Merchant has started preparing the Goods or due to other reasonable reasons; in such case, you do not have the right to cancel or reject the delivery of such Order.
5.5.2 For the Order that is accepted by the Merchant and within 24 hours following the completion of such Order, you can request refund on the Order page by using the “Refund Request” function and choose the reason for refund as prompted on the Platform. You will be directed to the refund procedure if the Merchant agrees to make refund; or you may request the customer service personnel of the Platform to get involved if the Merchant refuses to make refund. When processing any of your refund requests, we may require you to provide additional information or supporting documents, including picture proof of the Goods under the Order. Prior to processing your refund, we may take into account relevant factors including the details of the Order, your account history, what happened on delivery and information from the Merchants. Please refer to refund policies in “Customer Service Center” section on the Platform for further details.
5.5.3 Upon cancellation of the Oder and/or Refund Request, you can choose to receive a full refund to your Keeta Wallet or refund through the original payment method. Refunds to a credit or debit card require some time to be processed by the financial institution or payment service provider (as applicable). Keeta is not liable for any delay in processing refunds that is outside of its control.
5.6 The comments you post on the Platform should be relevant to your Order and the content should be true; if the Merchant thinks that your comments are untrue, irrelevant to the Order, or suspected of negative comments from competing Merchants, the Merchant has the right to appeal to the Platform, and if the Platform determines that the Merchant's appeal is true, your comment will be deleted.
5.7 If you have a complaint/dispute in relation to any Order you have made, please contact Keeta's customer service personnel via the email “service_customer.ksa@keetainc.com” or the in-app “Customer Service Center” function. Any complaint/dispute must be submitted 48 hours after the Order occurs. Keeta reserves the right but is not obligated to investigate and seek information regarding the circumstances of each complaint/dispute it receives and to determine the most appropriate course of action. Please look after your card and account. Keeta is not responsible if your card and/or account is lost, stolen, or used without your permission caused by your own reasons.
5.8 Keeta has the right to cancel any Order and/or restrict, suspend or terminate your Keeta account in its sole discretion if it reasonably suspects or discovers fraudulent behaviour related to your Keeta account and/or with your Order. Keeta reserves the right to take further adequate actions and bring the action to relevant Authorities.
5.9 For additional details on ordering rules and refund/return/exchange policies concerning the Keemart channel, please refer to “Annex I – Keemart Transaction Rules“.
6. Prices and Payments
6.1 Composition of Prices
6.1.1 The prices and delivery fees for Goods on the page may change while you are browsing. Prices can also change at any time at the discretion of the Merchant. A breakdown of the final prices and additional charges (including the delivery fees, difference to minimum order value, taxes or any other charges) will be displayed before you make payment. When you place an Order, you agree to all prices, taxes, additional charges and the final “Total” amount which is displayed to you. Once you place an Order and the Merchant accepts it, the prices and fees for that Order will not change. Total amount will be inclusive of taxes including value added tax where required by applicable law.
6.1.2 You acknowledge, understand and accept that the prices on the Platform may vary from the prices offered by the Merchant (either on their own websites, applications, or at their brick-and-mortar outlets).
6.1.3 Delivery fees are chargeable on every Order unless: (i) you choose to pick up your Order directly from the Merchant (“Pick-up”) (applicable when Keeta provides and the Merchant chooses to enable the Pick-up mode); (ii) you use a relevant promotional or discount Voucher at payment; (iii) the Platform has a promotion campaign and/or special offers to reduce or exempt the delivery fees, additional terms and conditions may apply to such promotion campaign and/or special offers; or otherwise stated.
6.2 Payment Methods
6.2.1 You can choose to pay for an Order using debit card or credit card, Apple Pay, STC Pay, wallet balance or any other payment method available on the Platform. Keeta has the right to provide other payment methods and/or delete existing payment methods at any time in its sole discretion. In order to provide secure payments, we use independent payment service providers (the third parties) in our checkout. You can use wallet balance along with any other payment method available on the Platform to make payments.
6.2.2 When you make a payment, you will choose a payment method and be asked to provide some usual data during the payment process, such as name, bank account information, contact information and other data related to the payment method, for the account or a third party. Accordingly, you must ensure the accuracy, comprehensiveness and validity of the data provided during the payment process and choose the payment method, and follow up on updating it from time to time.
6.2.3 If you want to add a new payment method, you must do so before placing your Order. By selecting a particular payment method, you acknowledge that you are agreeing to the terms and conditions imposed by the third-party payment service provider of your selected payment method. These terms will be provided to you during the payment method setup process. Keeta will disclose any fees imposed by the third-party payment service provider. This includes any bank fees or other charges that may apply. You further agree that you will bear the cost of any fees imposed by such third party in connection with your selected payment method. These fees will be itemized and disclosed before you complete your Order.
6.2.4 You have the discretion to use your valid Vouchers when paying for an Order. When using the Vouchers, you need to comply with Keeta's provisions on the Vouchers and Promotional Campaigns.
6.3 Keeta Wallet
6.3.1 Keeta Wallet is an electronic wallet associated with your account that allows you to make online purchases and payments with available credits in it. Keeta Wallet gets credited through refunds, compensations, rewards and others instructed by the Platform. Wallet credits are redeemable against an eligible Order. Wallet credits cannot be redeemed for cash or cash equivalent.
6.3.2 Wallet credits added by the Platform may be subject to time limits and expire within a specific period of time. Upon expiration, wallet credits will be removed from User's account. Expired wallet credits are no longer redeemable and cannot be used towards any Order.
6.4 Tax Invoice
Keeta will provide you with the tax invoice of the applicable fees from the Platform and the invoice will be displayed on the Platform. Merchants shall provide you with a tax invoice for your Order.
For orders placed through the Keemart channel, Keeta will provide you with a comprehensive tax invoice covering your entire Order.
6.5 Courier Tips
6.5.1 When you place an Order on the Platform, you may choose whether or not to pay tips (“Courier Tips”) to the delivery Courier who provides services for you. Any Courier Tips will be collected by Keeta using the payment method used for the original Order and your Courier will receive full amount of any Courier Tips once the delivery is completed.
6.5.2 For Orders cancelled before delivery, Keeta will process a refund of the Courier Tips you paid. Courier Tips you paid are non-refundable once the Order has been delivered by the Courier.
6.6 On the basis of the above rules, please refer to “Annex I - Keemart Transaction Rules“, for details regarding the pricing, invoicing, and other relevant rules for Keemart channel.
7. Vouchers and Promotional Campaigns
7.1 Keeta may in its sole discretion run promotional campaigns from time to time, which may make available vouchers, promotional/referral codes, special offers, points-based rewards, and any other promotional offers to be used and/or to be redeemed for certain benefits related to the Goods and/or services on the Platform (“Vouchers”). Holders of Vouchers should use their Vouchers during the validity period pursuant to the rules and terms displayed on the Platform. In certain cases, Vouchers may be used only once.
7.2 In certain cases, Vouchers cannot be used in conjunction with other promotions, discounts or other Vouchers. Specific terms and conditions may apply to Vouchers. Users agree that Vouchers (i) must be used for the intended purpose, and in a lawful manner; (ii) must 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 Keeta; (iii) may only be used pursuant to the specific term and conditions that Keeta establishes for such Vouchers; and (iv) may expire prior to your use. Keeta reserves the right to withhold or deduct benefits obtained through the use of Vouchers by Users in the event that Keeta determines or believes that the use or redemption of the Vouchers was in error, fraudulent, illegal, or in violation of the applicable Vouchers terms or these Terms.
7.3 Keeta specially reminds you that: some of the Vouchers (including but not limited to new user welcome vouchers) are only valid for new customers who have never placed an Order on Keeta before, that is, customers whose mobile phone number, mobile device, e-mail and Keeta account are all being certified by Keeta as new customers. In addition, some of the above-mentioned Vouchers (including but not limited to new user welcome vouchers) have a validity period. For more details, please refer to the“Account – Vouchers”section on the Platform; if the Vouchers have expired, you can check it in the“Past Voucher(s)”section on the Platform.
7.4 Unless otherwise stated, Vouchers can be used only on our Platform.
7.5 Vouchers can neither be exchanged for cash nor be refunded with change.
7.6 Keeta reserves the right to cancel, discontinue or reject any Vouchers and/or adjust, suspend or terminate any promotional campaign at any time due to the situations of force majeure and for any other reasonable reasons. This includes but is not limited to major disasters, hacker attacks, system failures, or the Vouchers and/or promotional campaign being ordered by the relevant authorities to stop or adjust. Keeta will not hold any responsibility in relation to cancel, discontinue or reject any Vouchers and/or adjust, suspend or terminate any promotional campaign.
7.7 We may exclude certain Merchants from the use of Vouchers at any time without prior notice to you.
7.8 Keeta Card
7.8.1 Keeta offers "Keeta Card" service (the “Keeta Card”) with a periodical subscription. When a Keeta Card is activated, the User enjoys a range of benefits which may include but without limitation to: (i) free delivery for all orders from named Merchants available through the Platform subject to certain conditions, ie. minimum order amount, distance, combination of both or any other conditions set by the Platform; (ii) any other benefits specified on the Platform. Keeta reserves the right to amend the Keeta Card’s benefits in its sole discretion.
7.8.2 Keeta Card is activated for a specific subscription fee shown on the Platform, and the subscription fee is paid in advance through the available payment methods on the Platform from the subscription start date. The User may elect to renew the subscription to the Keeta Card automatically, or cancel the automatic re-subscription according to the appropriate date from accepting the activation of the service. Keeta reserves the right to change the subscription fee from time to time. Under certain conditions, Keeta may offer certain Users various trial or other promotional Keeta Card service, in which case Keeta may bear the subscription fee and the activation validity period of the Keeta Card will be determined by Keeta.
7.8.3 Unless otherwise stated, Keeta Card can be used only on our Platform. Keeta Card can neither be exchanged for cash nor be refunded with change. Keeta reserves the right to terminate, suspend or otherwise limit the use of the Keeta Card if we reasonably believe that the use of the same is unauthorized, fraudulent or otherwise unlawful.
7.8.4 Keeta shall not be liable to any person (including you) and/or be liable to offer replacement of any Keeta Card, cash or otherwise compensate any person (including you) for expired, invalid, discontinued or canceled Keeta Card; improper use of any Keeta Card; or the inability to use the Keeta Card due to technical issues.
8. Delivery
8.1 Delivery Time
Keeta is responsible for coordinating corresponding resources to facilitate the delivery of the Goods on your Order to the delivery address provided by you when placing the Order. You acknowledge, understand and agree that: the “expected delivery time” is an estimated time reference calculated by the system in comprehensive consideration of the distance from the Merchant, the time required to prepare the goods/services ready, and other factors, while the actual delivery time may vary with the weather, Order volumes and multiple external factors. While Keeta strives to meet this estimated time, and committed to ensuring that deliveries are made as promptly as possible, you acknowledge and agree that the expected delivery time does not constitute a commitment by Keeta, and that the actual delivery time may vary due to external factors. You acknowledge that to ensure that you receive the delivery of the Goods on your Order, you should be present at the delivery address to collect the Goods by yourself or have someone else at the delivery address to receive the Order once it is placed.
8.2 Delivery Area
You acknowledge, understand and agree that Merchants will offer their Goods only within their respective delivery areas. Delivery areas may change depending on weather and traffic conditions and situations of force majeure, if any. If you try to place an Order to a location outside the delivery area, the Platform will notify you.
You understand that any Order that you place shall be subject to the serviceability of the delivery address on the part of the Couriers. The Couriers will reasonably endeavour to follow your delivery instructions (if any). However, if your delivery instructions are not feasible, possible or commercially reasonable, the Couriers are entitled to continue to deliver the Order in accordance with the standard operating procedures. For the delivery addresses which may limit the access of the Courier (such as hospital, military areas, hotel, university etc.), Keeta shall be entitled, at its sole discretion, to impose additional conditions, such as requiring you provide an appropriate or sufficient access to deliver the Order successfully; alternatively you may negotiate with the Courier to find a suitable or secure location to leave the Order. If the Courier is not provided with sufficient access to deliver the Order successfully due to a failure on your part to provide adequate and sufficient access, you will bear the responsibility for failure to deliver your Order. In this case, Keeta shall not be responsible to replace or refund an Order, while you will be solely responsible for the fees and losses associated with such failed delivery.
8.3 Within ten (10) minutes from the time the ordered Goods arrive at your delivery address, if the Courier and/or the customer service personnel of Keeta could not reach to you using the contact information you provided us or you fail to receive the Order, and the Courier was unable to find a safe location to leave the Goods, Keeta shall have the right to dispose of the goods at its discretion and shall consider the goods has been duly delivered. In this case, Keeta shall not be responsible to replace or refund an Order, while you should be solely responsible for the fees and losses associated with such Goods.
8.4 Upon receipt of your Order, if you discover that there is problem with your Order (e.g., wrong Order, defective goods, or missing items) not due to your fault, please contact Keeta’s customer service personnel immediately. In some cases, the Platform may request for picture proof to investigate the problem with your Order. If we determine that the Order and/or Goods you received do not comply with their description or are not of satisfactory condition or quality, we will compensate you for your Order in whole or in part.
8.5 You agree that you are solely responsible for verifying the accuracy of the delivery address. If you want to change the delivery address after you have placed the Order, please contact the customer service personnel. You understand and agree that you may not be able to change the address, on the ground that the Courier has been dispatched, and the new address is not within the same area as the address you originally provided or any other reasonable reasons; in such case, you do not have the right to cancel or reject the delivery of the Order. You also understand that if the change of address results in a large difference in delivery distance, the delivery fee may be changed accordingly.
8.6 On the basis of the above rules, please refer to “Annex I - Keemart Transaction Rules”, for delivery-related rules concerning Keemart channel.
9. Intellectual Property
9.1 You understand and acknowledge that, unless otherwise stated in writing, the intellectual property rights (including but not limited to the patent rights, copyrights, trademark rights and trade secrets) to the following information and content are owned by and/or licensed to Keeta:
9.1.1 the content and information (including but not limited to software, technologies, programs, webpages, text, pictures, images, maps, icons, audio, video, tables, layouts, electronic documents, and data information) provided by Keeta in relevant services;
9.1.2 the infrastructure and Platform (including but not limited to software, websites and applications) used by Keeta for providing the content and information above;
9.1.3 the trademarks, business images, business marks, know-hows, slogans, texts, etc. used by Keeta when providing relevant services;
9.1.4 all the data and information generated during the development, operation, maintenance, etc. of Keeta’s Platform services.
9.2 Keeta’s rights above and the intellectual property rights to any content for providing services are subject to protection by law, and Keeta will actively enforce its intellectual property rights to the maximum extent permitted by law. You may not use, copy, reverse engineer, reproduce, republish, upload, post, transmit, distribute, or modify such information and content in any way without the prior written consent of Keeta. Keeta neither warrants nor represents that your use of materials displayed on the Platform will not infringe the rights of third parties. Keeta will not hold any responsibility in relation to the use of any materials on the Platform, which is done at your own risk.
10. Disclaimer and Limitation of Liabilities
10.1 Disclaimer
You acknowledge, understand and agree that the content on the Platform is provided “as is” and “as available”. While Keeta has made all reasonable efforts to keep the Platform the content thereon updated, Keeta does not guarantee the accuracy, completeness or truthfulness of any content on the Platform. Use of the Platform and the content thereon is at your own risk.
10.2 You understand and agree that, to the extent permitted by law, Keeta shall not be liable for the suspension or termination of or impact on the services caused by the following:
10.2.1 destruction caused by computer virus, trojan horse, other malicious programs or hack attacks that cannot be controlled, reasonably foreseen or avoided by Keeta;
10.2.2 restrictions, delays and other problems inherent in the use of the Internet and electronic communication;
10.2.3 the devices (including mobile phones, computer software, systems, hardware, and communication lines) used by Users or the third-party provider being faulty, not connected, out of range, switched off or not functioning;
10.2.4 misoperation conducted by Users;
10.2.5 use of the services by the User in a manner not authorized by Keeta;
10.2.6 other circumstances (including but not limited to the actions or omissions of communication and electricity providers or third parties) that cannot be controlled, reasonably foreseen or avoided by Keeta.
10.3 Third-party Links and Websites
10.3.1 Keeta reminds you that the Platform may contain links to the websites of third parties. These links are provided for your convenience and information only. Keeta does not control, endorse the content of these third-party websites and is not responsible for any content, services, or products offered on or through such sites. Accessing and using these third-party links is done at your own risks.
10.3.2 While Keeta strives to provide links to reputable websites, Keeta is not liable for any loss or damage which may be suffered by you in relation to your access to and use of these third-party websites or links and/or any content of these linked pages. This includes but is not limited to any loss or damage caused by viruses, malware, or other harmful code encountered through third-party links and websites.
10.3.3 By using third-party links on our Platform you acknowledge and agree that Keeta is not responsible for examining or evaluating the content or accuracy of any third-party websites. You should review the privacy policies and terms of service of any third-party websites you visit to understand your rights and responsibilities.
10.4 Limitation of Liabilities
10.4.1 To the extent permitted by law, Keeta (including its employees, directors, agents, representatives, affiliates, the same below) exclude all liabilities to the maximum extent permissible under applicable laws, for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your remedy with respect to the losses and damage caused by your use of the Platform is to discontinue your use of the Platform. Keeta shall not be held liable for any (i) indirect, incidental, special, consequential, punitive and exemplary losses; (ii) lost sales, businesses or profits; (iii) loss of anticipated savings; (iv) loss of goodwill; (v) loss, destruction or inaccuracy of data or information, even if Keeta has been advised of the possibility of such damage.
The limitations and disclaimer provisions in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable laws. Unless otherwise stated, and to the maximum extent permitted by law, any claims against Keeta by you shall be limited to the total amounts actually paid by and/or due from you in using the service during the event giving rise to such claims.
10.4.2 Keeta shall not be a party to any dispute between you and the Courier or service provider (including Merchants, advertisers and/or sponsors including any third party). Your use of the Platform and any content, goods or services accessed or obtained thereby is at your sole discretion and you shall bear all the consequences. You expressly waive and release Keeta from all liabilities, claims, causes of action or damages arising from your use of the Platform or in any way associated with third parties, including Merchants, Couriers, advertisers and/or sponsors introduced to you by the Platform.
11. Liabilities of Third-party Providers
Keeta neither takes responsibility for the quantity, quality, state or other conditions of the Goods and/or services offered by third-party providers, nor warrant the truthfulness, accuracy, completeness or non-infringement of third-party rights of the information (including menu information, pictures and images) shown on the menu/Goods page posted on the Platform.
Merchants are obligated to comply with country local laws, rules, regulations, and standards pertaining to food preparation, processing, sale, marketing, and safety. Keeta reserves the right to remove any merchant not complying with these standards. Merchants are responsible for the preparation, conditions and quality of Goods. It is important for Users to understand that Keeta does not in any way independently verify the Goods of Merchants, the ingredients or the quality of their Goods, or that a Merchant is in compliance with applicable laws and regulations pertaining to food processing as the Merchant is solely liable for such responsibility. Users must make themselves reliable through information provided by Merchants on the Platform or as requested directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws and regulations. Keeta shall not be liable for any loss or damage arising from your contractual relationship with the Merchant. Where applicable, Keeta processes the receipt and payment of relevant amounts as an agent of the Merchant; however, Keeta does not owe to you a duty of care or any fiduciary duties.
In addition, Merchant may represent that food preparation is in accordance with special standards such as "organic", "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, Keeta does not independently investigate or verify such representations. Keeta shall not be liable or responsible for any Goods and/or services offered by Merchants that is unhealthy, is the cause of injury, that are otherwise unacceptable to Users or that does not meet the expectation of Users in any manner.
Nothing in these Terms shall exclude third-party provider’s liability for death or personal injury arising from their gross negligence or wilful misconduct, or any other liabilities that cannot be excluded or limited under applicable laws.
12. Indemnity
You agree to indemnify and hold Keeta and its directors, officers, employees, representatives, agents and affiliates harmless from any and all claims, liabilities, damages and/or expenses (including but not limited to legal costs) arising out of or in connection with:
12.1 your use of the Platform or services and/or Goods obtained through the Platform;
12.2 your breach or violation of any of these Terms; or
12.3 your violation of the rights of any third party, including Merchants, Couriers, advertisers and/or sponsors introduced to you by the Platform.
13. Protection of Personal Data
You agree and consent to Keeta and any of its affiliates collecting, using, storing, transferring, and processing your personal data for purposes mentioned in these Terms and primarily described in the Privacy Policy. All data processing activities will comply with the Personal Data Protection Law (PDPL) of Saudi Arabia, ensuring your data is handled securely and lawfully.
14. Termination and Amendment
14.1 Keeta has the right to terminate, suspend or remove your account and access to the Platform for any reasons, including but not limited to: Keeta in its sole discretion consider that your use of the Platform is not reasonably acceptable, or your breach of these Terms. Keeta may (but is not obligated to) send you a warning before terminating your permission for using the Platform.
14.2 Keeta may amend these Terms from time to time to reflect changes in services, policies, or for other operational, legal, or regulatory reasons. Amendments will be effective upon posting on the Platform. However, for material changes, Keeta will provide reasonable notice to you before the changes take effect. This notice may be provided via email or through a prominent notice on the Platform. Your continued access or use of the Platform after the effective date of such amendments constitutes your consent to be bound by the Terms as amended. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately. It is your responsibility to review the Terms regularly. Keeta will make reasonable efforts to notify you of material changes, but you should periodically review the Terms to stay informed of any amendments.
15. Jurisdiction, Applicable Laws and Dispute Resolution
15.1 These Terms and any dispute arising out of or in connection with these Terms, including the effectiveness, interpretation and termination hereof, shall be governed by the laws of the Kingdom of Saudi Arabia.
15.2 Any dispute, controversy, difference or claim arising out of or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination of these Terms, or any non-contractual dispute arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration administered by Saudi Center for Commercial Arbitration (SCCA) in accordance with its Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Riyadh. The tribunal shall consist of one (1) arbitrator. The language of arbitration proceedings shall be English.
16. Miscellaneous
16.1 Any nullified, invalid or unenforceable provision in these Terms for any reason shall be deemed as severable, and shall not affect the validity and enforceability of any remaining provisions.
16.2 Without the prior written consent of Keeta, you shall not transfer or assign, or attempt to transfer or assign, any rights or obligations under these Terms to a third party. Keeta has the right to transfer or assign any rights or obligations under these Terms (i) to its affiliates, or (ii) upon sale of all or substantially all the equity interests, assets or businesses of Keeta.
16.3 Unless otherwise specifically provided in these Terms, no failure or delay by any Party in exercising any right shall constitute any waiver of such right; no single or partial exercise of any right shall prevent the exercise of any other rights, or further exercise of such right or any other rights. The rights provided under these Terms are cumulative without precluding any other rights (statutory or otherwise). No express waiver of any breach of these Terms shall be considered as a waiver of any subsequent breach.
16.4 These Terms are made in both English and Arabic.
Annex I Keemart Transaction Rules
By engaging in transactions through the Keemart channel on the Platform, you/Users agree to abide by the following Keemart transaction rules:
1. Browsing Goods Information
When browsing Goods information on the Keemart channel, you should read carefully all content provided, including but not limited to Goods name, origin, specifications, flavor, unit, shelf life, storage method, consumption instructions, brand, quantity, price, delivery method, return/exchange procedures, refund conditions, after-sales service, etc. Special attention should be given to the refund conditions. You should click “Confirm” to purchase only after thoroughly reading, understanding, and fully accepting all content provided.
2. Submitting and Confirming an Order
2.1 Upon clicking to purchase, you will be directed to the order details page. You shall review carefully all content on this page, including but not limited to Goods information, refund conditions (if any), purchase quantity, price, total payable amount, delivery address, estimated delivery time, and recipient information, etc. You must provide accurate, complete, and valid information to ensure timely and appropriate fulfilment of the orders.
2.2 When placing an Order, you must fill in the following details: desired quantity, payment method, recipient, contact information, and delivery address. You may track your order status anytime by accessing your accounts. By proceeding with the purchase, you authorize us to affix delivery information onto the packaging (if applicable). It is advised to destroy any personal information on the packaging immediately upon receipt.
2.3 Once the Order is submitted and confirmed, the contractual relationship between you and us is established, and all details included in the order form integral part of the contract,. These details include but are not limited to Goods name, origin, specifications, unit, shelf life, storage method, consumption instructions, brand, quantity, price, delivery method, return/exchange procedures, refund conditions, after-sales service, and user-filled details (such as quantity, payment method, recipient, contact information, and delivery address).
2.4 You acknowledge and accept that, despite our best commercial efforts, due to market fluctuations and various uncontrollable factors may result in exceptional circumstances, such as inventory shortages, inadequate delivery capacity, or force majeure events, potentially hindering Order fulfillment post-payment. In such cases, we will promptly contact you to negotiate the cancellation of the Order. If mutual agreement cannot be reached within a specified period, to ensure the safety of your funds, we reserve the right to cancel the Order, process refunds, and provide appropriate compensation. You may also proactively contact our customer service to discuss the potential compensation matters.
2.5 Should we identify obvious errors or major flaws in Goods descriptions or Orders displayed on the Keemart channel, such as prices significantly lower than industry standards for identical or similar products due to system errors, human input mistakes, typos, or mismatched product specifications and prices, we reserve the right to unilaterally retract such information or annul the Order even if a contractual relationship has been established.
2.6 We hereby strongly advise you to thoroughly read and confirm all details within your Order before submission, and then click to confirm the Order and make the payment. Submitting the Order means that you are aware of, agree to, and accept all the contents of the Order.
3. Prices
3.1 You must complete payment as prompted on the payment page. Unless the Goods support cash on delivery or are explicitly marked otherwise, you have no right to request us to deliver the Goods prior to payment.
3.2 Due to varying operating costs and promotional activities across different channels, discrepancies in prices, service fees, and promotional offers may exist. We will detail these prices, fees, and applicable promotions (if any) on the respective pages, allowing you to make well-informed decisions about placing orders and participating in promotions.
4. Receipts and Tax Invoices
4.1 Upon successful payment, you should cooperate in receiving the ordered Goods and/or the electronic vouchers.
4.2 If you require invoices, receipts, or any other standardized proof of purchase, you must specify this during the order placement process.
5. Delivery Rules
5.1 Based on Article 8 of the Terms, you are aware of, understand, and agree that we shall not be liable for delayed delivery in the following cases:
5.1.1 Delays caused by inaccurate information furnished by you, such as an ambiguous address;
5.1.2 Situations where, upon the arrival of the Goods, there is no one available to accept them, leading to failed or postponed delivery;
5.1.3 Cases in which you refuse to accept the Goods;
5.1.4 Situations when the Goods are placed at alternative collection points or outdoor locations as per your instruction;
5.1.5 Delays occasioned by force majeure factors, such as natural disasters and severe weather conditions, traffic lockdowns, traffic control actions/decisions or orders, unforeseen traffic accidents, abrupt wars, violent crimes such as robbery and snatching, etc.
5.2 The recipient shall inspect the Goods upon receipt. In the event of damages, surface discrepancies, or other quality issues, the recipient has the right to refuse to accept the Goods and should retain relevant evidence.
5.3 When delivering according to the delivery address filled in by you, if the actual recipient is inconsistent with the recipient filled in by you, the signature, other expressions of intention or actions of the actual recipient shall be regarded as those of yout. Consequently, you shall bear all associated legal consequences.
6. Refund/Return Exchange Rules
6.1 After successfully paying for the Goods, you have the right to request a refund from us, in the following circumstances:
6.1.1 If, after the payment, the Goods cannot be provided due to force majeure or reasons not attributable to you;
6.1.2 If, after the payment, we need to change the content of the Order due to actual changes in circumstances, and you do not accept the changed Order.
6.2 If you have actually consumed or used the Goods, you have no right to request us for a refund, except in cases where the Goods are seriously inconsistent with the content agreed in the Order, have other serious quality issues, or violate mandatory and prohibitive provisions of applicable laws.
6.3 You may have the right to return the Goods within seven days from the date of receipt without giving reasons, except for the following Goods:
6.3.1 Goods customized by you;
6.3.2 Perishable, fresh, and near-expiration Goods;
6.3.3 Digital Goods such as audio-visual products or computer software that have been downloaded online or unsealed by you;
6.3.4 Delivered newspapers and periodicals.
Note: The perishable, fresh, and near-expiration Goods include but are not limited to: vegetables, fruits, aquatic products, meat, poultry, edible agricultural products, bulk foods, frozen and refrigerated foods, bread and yogurt products with a shelf life of no more than 7 days, other foods with a remaining shelf life of no more than 7 days from the date of return, and seasonal products.
6.4 The Goods returned by you shall be in their original condition. If the Goods purchased by you come with gifts, when processing the return, the gifts may need to be returned at the same time. Depending on the reason for the return, you may bear the return delivery costs.
6.5 Separately published return policies for the Keemart channel are integral to these terms, holding equal standing. Conflicting terms will defer to the separately issued return policies. In case of any changes to the return rules, the newly changed rules shall prevail.
6.6 Minor discrepancies between Goods images and physical items due to packaging updates do not constitute a breach on our side, provided quality, price, and specifications match.
6.7 Order should be for the final consumption rather than resale. If Goods are purchased for commercial purposes such as resale, we reserve the right to refuse to sell, cancel the Order, revoke promotional prices and preferential policies, and hold you liable for breach of contract.
6.8 Special Instructions:
6.8.1 If part of a set or gift box has quality issues, the entire set must be returned to process the return/exchange procedure.
6.8.2 Orders involving prepared Goods cannot be canceled once they enter the preparation stage. Cancellations can be requested before this stage.
6.8.3 Depending on the content of the order, multiple partial refunds may be made for each order, provided the cumulative refund amount does not exceed the actual payment amount of the order.
6.8.4 In cases where the delivery fees are applicable: (i) for partial returns, the delivery fee will not be refunded; (ii) in case of a full-order return, the delivery fee will be refunded.
6.8.5 Coupons, points, or other discounts applied to the Order will be processed according to their respective terms and conditions.
6.8.6 The refund amount will correspond to the actual amount paid by you.
7. Customer Service
7.1 If you encounter any issues with Goods or services provided by us through the Keemart channel, please contact our customer service personnel, and our Keemart customer service personnel will be responsible for addressing and resolving your concerns in a timely manner.
