Terms of Service
Introduction :
Malsoon Platform, owned by Malsun for Information Technology EST, registered with the Ministry of Commerce in the Kingdom of Saudi Arabia under Commercial Registration No. 7034601190, welcomes you and hereby informs you that the following terms and conditions govern your use of the Malsoon Platform and all legal consequences arising from your use of the Platform’s services on the Internet.
Any use of the Malsoon Platform by any person, whether as a consumer, merchant, or otherwise, shall constitute the user’s express consent and acceptance, with full legal capacity recognized by applicable law and regulations, to all the terms, provisions, and conditions of this Agreement. This constitutes confirmation of your commitment to comply with its rules and the provisions herein.
Please be advised that the Malsoon Platform may be presented as a website, a mobile application, or an electronic platform. This Agreement shall become effective and binding upon your acceptance of its terms and your registration on the Malsoon Platform.
Article 1 – Introduction and Definitions:
The foregoing preamble shall be deemed an integral part of this Agreement. The following terms and definitions apply to the key expressions used in this Agreement:
- “Malsoon Platform owned by Malsun Establishment For Information Technology”: This phrase refers to Malsun for Information Technology EST and includes all forms of Malsun for Information Technology EST on the Internet, whether as an electronic application or a website.
- “Merchant”: This phrase refers to any merchant who registers on the Malsoon Platform to establish their online store, whether a natural person or a legal entity. This definition includes all forms of the store as long as it conducts its commercial activities through the Malsoon Platform, including the merchant’s website.
- “Store”: This phrase refers to the online store used by the merchant on the Malsoon Platform.
- “Consumer”: This phrase refers to any consumer who purchases a product or service from the merchant through the merchant’s online store established via the Malsoon Platform.
- “Agreement”: This phrase refers to the rules, terms, and conditions governing the use of the Malsoon Platform, encompassing all terms and provisions of this Agreement that regulate and govern the relationship between the parties hereto.
- “Service Provider”: This phrase refers to services provided by the Malsoon Platform to merchants through third parties. The provision of services means solely facilitating the connection between the merchant and the service provider. The Malsoon Platform has no authority over, nor any relationship with, the contract entered into between the merchant and the service provider.
Article 2 – Merchant’s Legal Capacity
- The Merchant affirms that they possess full legal capacity as recognized under Sharia and applicable laws and regulations, and that they are not less than eighteen (18) years of age, in accordance with the legal age of majority in the Kingdom of Saudi Arabia. The Merchant further affirms that they possess the necessary knowledge to establish, manage, and operate an online store via the Malsoon Platform.
- Notwithstanding the provisions of Paragraph (1) of this Article, a Merchant who has not yet reached the legal age of majority (eighteen years) may engage in commercial activities through the Malsoon Platform, provided that they submit documented proof of consent from their legal guardian, such as a guardianship deed or a duly signed letter of consent, if required.
- The Merchant further confirms that they are of sound mind and not subject to any legal incapacity.
- If the Merchant registers as an institution, company, or under any other legal form, such entity must have the requisite legal, regulatory, and Sharia-compliant capacity to engage in commercial activities through the Malsoon Platform.
- The Merchant acknowledges and agrees that any breach of this Article concerning legal capacity shall render them solely responsible for any consequences arising from such breach before consumers, users, or third parties. Malsoon shall bear no legal or regulatory responsibility for the Merchant’s dealings with others. Furthermore, Malsoon shall have the right to hold the Merchant liable under the provisions of contractual liability and to seek compensation for any damages resulting from such breach, including but not limited to reputational harm suffered by Malsoon in relation to other merchants, consumers, users, or third parties.
Article 3 – Nature of Malsoon’s Obligations
- The role of the Malsoon Platform is limited to providing digital support tools by enabling the establishment of an online store. Accordingly, Malsoon’s obligation under this Agreement is confined to creating the Merchant’s online store through the Malsoon Platform and making the store accessible to users.
- Malsoon may, at its discretion, offer additional services to the Merchant or their store, such as marketing support, guidance and advisory services, and internet-based payment gateway integrations. All such services are subject to the terms and conditions set forth in this Agreement.
- Malsoon bears no obligation to complete any sales transactions between the Consumer and the Merchant. Malsoon’s role ends upon the provision of the store creation services, without prejudice to any ongoing support services such as guidance, technical support, marketing, or payment facilitation services.
- Malsoon may, on a temporary basis and at its discretion, provide certain free services to specific stores, such as customizing the appearance, layout, or color scheme of the store in accordance with the Merchant’s request. Such services are limited in scope, provided free of charge, and subject to specific conditions. Should the Merchant wish to obtain additional services, they must contact Malsoon’s technical support to inquire about available packages and associated fees.
- All transactions between the Merchant and the Consumer are entirely unrelated to Malsoon as a legal entity. Malsoon bears no responsibility or liability with respect to such transactions, as the relationship between the Merchant and the Consumer is an independent contractual arrangement governed by its own terms. Accordingly, Malsoon shall bear no responsibility in the event a Consumer fails to pay for a product or service provided by the Merchant.
- Likewise, all dealings between the Merchant and third-party service providers, whose services may be accessible through Malsoon or with whom Malsoon enables integration—are wholly independent of Malsoon. These interactions constitute separate contractual relationships between the Merchant and the third-party service provider. Should any party fail, refuse, or neglect to perform their obligations under such agreements, or fail to perform them properly, Malsoon shall not be held liable for any resulting consequences or breaches.
- The Merchant acknowledges that Malsoon is a technical, internet-based platform that enables Merchants who accept this Agreement to establish their online stores and conduct their commercial activities through them. Malsoon’s responsibilities are limited to that extent. Accordingly, Malsoon disclaims any liability for any violations committed by the Merchant through their store in breach of this Agreement, and Malsoon shall bear no responsibility for any transactions that occur between the Merchant and the Consumer.
Article 4 – Conditions for Establishing the Online Store
- Any person possessing the requisite legal capacity may establish an online store in accordance with the provisions of this Agreement, and in particular, Article 2 – Legal Capacity of the Merchant.
- The store established under this Agreement must not violate the laws and regulations in force in the Kingdom of Saudi Arabia. The Merchant shall clearly disclose the nature of the commercial activities conducted through the store, as well as the services or products being offered or sold. Malsoon disclaims any liability arising from a store’s violation of applicable laws, public order, or public morals in the Kingdom. Malsoon retains the right to reject the registration of any online store that fails to comply with applicable Saudi laws or the terms of this Agreement. By accepting this Agreement, the Merchant affirms that their store does not contravene public order or Islamic morals in the Kingdom of Saudi Arabia.
- The online store must comply with all provisions of this Agreement. The Merchant further acknowledges that the subject matter of commercial dealings conducted through the store does not violate any provision of this Agreement or the laws in force in the Kingdom of Saudi Arabia.
- No person whose account or store has been suspended or cancelled by Malsoon, or pursuant to a judicial decision or order, may use the Malsoon Platform as a Merchant.
- If the Merchant registers as an institution, company, charitable organization, or other legal entity, such entity shall be bound by all terms and conditions set forth in this Agreement.
- All stores and Merchants must comply with applicable e-commerce regulations, the Anti-Cybercrime Law, regulations of the Ministry of Commerce and Investment, the Electronic Transactions Law, and the E-Commerce Law.
- All stores and Merchants are required to disclose the following on their online stores: name and address, commercial registration or freelance work certificate, and official contact details.
- All stores and Merchants shall clearly present their terms and conditions, privacy policy, and data confidentiality policy to Consumers, which together shall constitute the electronic contract governing the transaction.
- All stores and Merchants must issue invoices to Consumers showing the cost of the service or product, the total price, the date and place of delivery, and the applicable return and refund policy.
- Merchants offering products or services that require a license from a competent authority must disclose such license and all relevant details.
- Merchants holding a commercial registration must ensure that the electronic store is properly registered under the entity’s commercial registration in accordance with applicable law.
- The Merchant affirms that, prior to registering on the Malsoon Platform, they have confirmed compliance with all applicable legal procedures and requirements issued by competent authorities in the Kingdom of Saudi Arabia and have duly satisfied all such requirements to operate the online store.
- Any store intending to register on the Malsoon Platform and engage in e-commerce must hold a valid commercial registration or freelance work certificate, meet all other applicable regulatory requirements, and obtain the necessary licenses to carry out commercial activity. These may include, for example, an Absher account, a bank account with a Saudi bank, and a valid Saudi mobile number.
- If the applicant is a sole proprietor (natural person), they must ensure compliance with the applicable regulatory requirements and furnish all documentation in accordance with the nature of their activity. The sole proprietor affirms their commitment to these requirements and shall provide proof of identity (national ID), a freelance work certificate, and any additional information or documentation requested by the Malsoon Platform.
- If the applicant represents a business entity, company, charity, or other legal person, they must provide Malsoon with all required information and supporting documentation, including the commercial registration and any other documents necessary to verify the legal status of the store.
- The Merchant and the store shall comply with the registration obligations set out in Article 5 – Accounts and Registration Obligations, as well as all other provisions of this Agreement.
- In the event of non-compliance with any of the above requirements, Malsoon reserves the right to take any of the following actions, without limitation: issue a warning, suspend services, close the store, or block access to the Malsoon Platform, as it deems appropriate. Malsoon shall bear no legal or Sharia-based liability for such violations by the Merchant in relation to Consumers, as Malsoon is not a party to the relationship between the Merchant and the Consumer. Such measures are undertaken solely to ensure the quality and integrity of the Platform and its participating Merchants.
Article 5 – Accounts and Registration Obligations
Upon applying for membership on the Malsoon platform or requesting the creation of an online store, you shall be required to disclose certain specified information and to select a username and a confidential password for use in accessing the services of the Malsoon platform. Upon activation of your account, you will become a user of the platform’s services, and by doing so, you shall be deemed to have accepted the following:
- You shall be responsible for maintaining the confidentiality of your account information and password, and you agree to notify the Malsoon platform immediately of any unauthorized use of your account or any other breach of your confidential information.
- Under no circumstances shall the Malsoon platform be liable for any direct or indirect loss, whether moral or material, that you may suffer as a result of the disclosure of your username or password, or due to the misuse of your store.
- You agree to personally operate your online store and shall bear full responsibility for it. If another person uses the store, such use shall be deemed authorized by you and carried out on your behalf, unless the platform is explicitly notified otherwise.
- You agree not to use a referral coupon and an affiliate marketing link simultaneously during the same registration process or when creating a new store. You must choose either the referral coupon or the affiliate link for each invitation or registration. If both are used, any resulting rewards, commissions, or points shall be forfeited.
- You undertake to use the Malsoon platform with diligence and good faith, and to comply with the Terms of Use and all applicable legal and regulatory requirements in force in the Kingdom of Saudi Arabia. You further agree to indemnify the Malsoon platform for any direct or indirect loss incurred as a result of any unlawful, false, or unauthorized use of your account by you or by any third party who has gained access to your credentials, whether such access was authorized by you or resulted from your failure to safeguard your login information.
- You are obligated to provide accurate, truthful, current, complete, and lawful information about yourself as required during registration with the Malsoon platform.
- You undertake to update your personal information on the platform whenever it changes in reality or when such update is reasonably required.
- You agree not to include any personal contact details in your username, such as email addresses, phone numbers, or other personal identifiers, and not to include any wording that implies a personal or commercial relationship between you and the Malsoon platform, its employees, or its owners.
- You also agree not to include any statement or indication within your store that suggests a direct or indirect relationship between the store and the Malsoon platform, its management, owners, or staff. The Malsoon platform bears no responsibility for the activities conducted in your store and has no affiliation therewith.
- The Malsoon platform undertakes to treat your personal information and contact details with confidentiality in accordance with the applicable Privacy and Data Protection Policy in force on the platform.
- You are required to maintain and regularly update your registration information to ensure it remains accurate, current, complete, lawful, and truthful. If you provide any information that is false, inaccurate, outdated, incomplete, unlawful, or in breach of the Terms of Use, the Malsoon platform reserves the right to suspend, freeze, or cancel your membership, store, or account without prejudice to any other rights or lawful remedies available to it to recover damages and protect other users.
- The Malsoon platform reserves the right, at any time, to conduct any investigations it deems necessary, whether directly or through a third party, and may require you to disclose any additional information or documentation, regardless of its volume, to verify your identity, ownership of funds, or control over your account.
- In the event of your failure to comply with any of the above obligations, the Malsoon platform reserves the right to suspend or cancel your store or membership, or to deny you access to its services. It further reserves the right to cancel any unconfirmed or unverified accounts, transactions, or accounts that have remained inactive for an extended period.
Article 6 – Electronic Communications and Official Communication Channels
- The merchant agrees that communication with them may occur via email or through general announcements broadcast by the Malsoon platform to all users or to specific users upon logging into their accounts on the platform. The merchant further agrees that all agreements, notices, disclosures, and other communications provided electronically shall be deemed to satisfy any legal requirements as if such communications were made in writing and shall constitute valid and enforceable evidence in their own right.
- During the term of your membership and commercial engagement with the platform, Malsoon may send you promotional emails to inform you of any changes, procedures, or new marketing activities introduced on the platform.
Article 7 – Amendments to the Terms of Use and Fees
- You acknowledge and agree that the Malsoon platform may notify you of any amendments to this Agreement, and that your obligations may increase or your rights may decrease in accordance with any such amendments.
- You further agree that Malsoon shall have the full and sole discretion—without incurring any legal liability—to make material or non-material amendments to this Agreement. Users will be notified of such amendments through any available technical means, including but not limited to email or general announcements to all users. Malsoon shall provide technical tools through which the merchant may indicate acceptance of such amendments, and such acceptance shall constitute valid, binding, and enforceable consent to the amended terms.
- If you object to any amendment to the Terms of Use, this may result in restricted access to your store. In order to benefit from Malsoon’s services, you must accept the Terms of Use and any subsequent amendments. Accordingly, if you do not accept the amended terms, you are kindly requested to discontinue using Malsoon’s services. Your continued access to your account or use of the Malsoon platform shall be deemed full and informed acceptance of the amendments.
- All fees are calculated in Saudi Riyals. The merchant is responsible for paying all applicable fees as determined by the platform, in addition to any other charges imposed by Malsoon. Payment shall be made using the approved and available payment methods provided by the platform.
- Not all of Malsoon’s plans or promotional offers are free of charge for merchants or stores. Certain packages and offers are subject to varying fees.
- Malsoon may impose charges on merchants or stores based on the packages they subscribe to or the policies they use.
- Malsoon reserves the right to add, increase, reduce, or deduct any fees or expenses in accordance with the rules and provisions of the Terms of Use, and such changes may apply to any user regardless of the reason for their registration.
Article 8 – Your Personal Information and Transaction Details
- You expressly grant Malsoon a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable right to use any personal or other information or material that you provide, submit, or disclose to the platform, whether through registration forms, communication channels, or otherwise, as part of your membership or the establishment of your store. This right may be exercised by Malsoon for any purpose it deems appropriate.
- You remain solely responsible for the information you submit or publish, and the role of Malsoon is limited to providing the platform that enables you to display such information through its services and marketing channels.
- The confidentiality of store and merchant information is governed by the terms of Malsoon’s Privacy and Information Confidentiality Policy.
Article 9 – Merchant’s Undertaking to Comply with Laws and Regulations in the Kingdom of Saudi Arabia
- The Merchant undertakes to comply with all applicable laws and regulations in force within the Kingdom of Saudi Arabia with respect to their products and/or their use of the Malsoon Platform. This includes compliance with all applicable internet usage regulations, the Terms of Use, and Malsoon’s Privacy and Information Confidentiality Policy.
- In the event that a merchant violates any provision of the first paragraph of this Article, Malsoon shall have the right, without limitation, to take any of the following measures: issue a warning, suspend the service, close the merchant’s store, or refund any pending electronic payments to the consumers.
Article 10 – Rights
- All content available on the Malsoon Platform, whether electronic or otherwise, written or unwritten, including but not limited to: written and unwritten text, graphic designs, technical concepts, logos, promotional materials, button icons, symbols, audio clips, compiled data, and software programs, are the exclusive property of Malsoon and all rights thereto are reserved to Malsoon. No individual or entity may use any of the aforementioned materials in any manner whatsoever, whether directly or indirectly, or through a third party.
- Malsoon hereby affirms that it will take all necessary measures to address any infringement or violation of its rights or intellectual property.
- Malsoon shall not be held liable in the event of any infringement of intellectual property rights owned by merchants registered on the platform or by any registered store.
Article 11 – Intellectual Property
- The Malsoon Platform respects the intellectual property rights of merchants, including any intellectual property they have developed through their stores, whether such rights were acquired prior to or after the establishment of the store.
- Merchants shall respect the intellectual property rights of the Malsoon Platform, including the platform itself, and all related words, logos, and other symbols that are associated with or displayed on the platform. The Malsoon Platform and all rights pertaining thereto are protected under intellectual property and trademark laws and are the exclusive property of Malsoon. Under no circumstances may such rights be infringed upon or used without express authorization from the Malsoon Platform’s management.
Article 12 – The Consumer
In its commitment to protecting consumer rights and achieving one of Malsoon Platform’s primary objectives of providing high-quality service to all parties, Malsoon Platform clarifies the following:
- Consumers, when completing purchase transactions, provide Malsoon Platform with certain information, including but not limited to: name, email address, and phone number.
- Malsoon Platform’s technical systems retain consumer data to facilitate their access to the platform and the completion of their desired purchases.
- If a consumer purchases goods using any payment method available on Malsoon Platform and either does not receive the goods or receives goods that differ from the specifications displayed on the store’s page, the consumer has the right to report this to Malsoon Platform. Malsoon Platform reserves the right to take any measures it deems appropriate against the store that violated the terms of this agreement, in accordance with the rules herein. However, Malsoon Platform bears no legal or Shariah liability for any breach by the merchant towards the consumer, as it is not a party to the relationship between the consumer and the merchant. Actions taken by Malsoon are intended solely to improve the quality of the platform and the merchants operating on it.
- Consumers have the right to review their purchases prior to receipt to ensure they are accurate and match the items ordered. Malsoon Platform is not responsible for the relationship between the consumer and the merchant.
- The consumer expressly acknowledges and agrees that they browse the online store of their own volition and make purchases at their own personal responsibility.
- The consumer understands and acknowledges that each online store has a separate and independent legal entity from Malsoon Platform. All online stores registered on Malsoon Platform possess their own electronic commercial registration or a freelance work permit for practicing e-commerce.
- Malsoon Platform is not obligated under this article or any clause herein to respond to consumer complaints. Any response to consumer complaints is at the sole discretion of Malsoon Platform, based on what it deems appropriate in accordance with this agreement, and in a manner that preserves the platform’s commercial and economic interests and reputation. Nonetheless, Malsoon Platform may take certain measures against stores found deliberately deceiving, misleading, or defrauding consumers, such as freezing the store’s membership, issuing warnings to prevent recurrence, or requiring the store to compensate the consumer. These actions reflect Malsoon Platform’s commitment to safeguarding the rights of all registered users.
Article 13 – Liability of Malsoon Platform Toward the Consumer and the Merchant
- Malsoon Platform shall not be held liable in any manner for unsatisfactory or delayed performance by stores, shipping companies, electronic payment gateways, banks, or for consumers’ failure to make payments. It is also not responsible for any losses, malfunctions, or delays caused by unavailable goods, late delivery, or poor service quality provided by the stores.
- Malsoon Platform shall bear no claims arising from errors or negligence, whether direct, indirect, incidental, or caused by third parties.
- Malsoon Platform shall not be liable for any claims or responsibilities arising from financial losses, defamation, slander, or any damages resulting from misuse, abuse, or inability to use Malsoon Platform. In such cases, Malsoon Platform disclaims any liability or claims.
- Malsoon Platform, its officials, employees, owners, or representatives are not responsible for any claim, dispute, cost, damage, liability, or direct or indirect loss arising from any act committed by a user of the platform.
- Malsoon Platform, its employees, owners, and representatives bear no responsibility for any legitimate, legal, and authorized product under the laws and regulations of the Kingdom of Saudi Arabia that is used for unlawful or unauthorized purposes. No individual or entity may hold Malsoon Platform liable for claims or compensation related to such misuse, since all products or services on Malsoon Platform are provided solely by the merchants and their stores.
- Malsoon Platform, its employees, owners, and representatives disclaim any involvement or liability regarding any illegal or unauthorized activity conducted by a store, or any activity violating applicable laws and regulations of the Kingdom of Saudi Arabia. Malsoon Platform’s responsibility is limited solely to providing electronic support tools, including the establishment of the online store and related electronic support services.
- Malsoon Platform management notifies all merchants that if it observes any suspicious activities planned, ongoing, or already conducted on Malsoon Platform, it will report such activities to the relevant authorities. Malsoon Platform is not liable for violations that occur without its knowledge or observation.
Article 14 – Confidentiality of Information
- Malsoon Platform informs you that the Internet (World Wide Web) is not a fully secure medium, and the confidentiality of personal information cannot be guaranteed 100% within the Internet space.
- Malsoon Platform applies high-quality (tangible, organizational, and technical) standards to protect users and consumers, prevent unauthorized access to users’ personal information or their stores, and safeguard such information.
- Malsoon Platform has no control over the actions of any third party, such as other websites linked to the platform or third parties claiming to represent you or others.
- You acknowledge and agree that Malsoon Platform may use the information you provide to it for the purpose of delivering services to you on Malsoon Platform and sending you marketing communications. The Privacy Policy of Malsoon Platform governs the collection, processing, use, and transfer of your personal identity information, and the rules of information confidentiality are subject to the “Privacy policy and confidentiality of information” of Malsoon Platform.
Article 15 – Replacement and Return Policy
- The validity period of purchased user accounts and branches is the same as the subscription period. When purchasing a user account or branch, the cost will be calculated based on the remaining subscription duration of the package.
- The validity period for purchased store messages is one year from the date of purchase.
- Subscription to the (Malsoon Plus, Malsoon Pro) packages can be canceled upon first activation, with a refund of subscription fees if requested within 14 days from the subscription start date. The (Malsoon Special) package is excluded from this refund policy.
- Subscriptions to (Malsoon Plus, Malsoon Pro) packages may be temporarily suspended for up to 30 days without fees, provided the suspension does not exceed two times per calendar year.
- Upon cancellation of any paid package subscription, you may continue to use the package and benefit from its features until the subscription expiry date.
- For the first cancellation of a paid package, a bank transfer fee of SAR 8.05 (including tax) will be charged, along with any additional fees required to complete the transfer.
- When withdrawing balance from your wallet, a bank transfer fee of SAR 8.05 (including tax) will apply, plus any other applicable fees.
- Funds can be withdrawn from your wallet once every 14 days.
- Loyalty points balance cannot be withdrawn to your personal account; however, loyalty points may be used to renew packages.
- Loyalty points become valid 14 days after the second merchant uses the coupon.
- Store design templates cannot be canceled or exchanged.
- The merchant has the right to cancel the subscription or automatic renewal for “Employees – Branches” services at any time without refund of any prepaid fees for those services.
- Paid packages will be automatically renewed if a valid credit card is linked or if there is sufficient balance in the wallet.
- If auto-renewal is enabled for the store package or any Malsoon services or applications, the subscription fee will be automatically deducted once the non-refundable invoice is issued.
- Upon subscription expiration without renewal, the store will automatically revert to the (Basic) package settings.
- When subscribing to the Pro package, you may use and benefit from its features until the Pro package expires before downgrading to the Plus package.
- Subscriptions to Malsoon packages made via payment methods available on the iOS app are subject to Apple’s fees and conditions, over which Malsoon Platform has no control or authority.
Article 16 – Cancellation of Consumer or Store Membership
According to the Terms of Use and applicable laws and regulations in the Kingdom of Saudi Arabia, the Malsoon platform may temporarily or permanently suspend a store, cancel or revoke the membership of a merchant or consumers, or limit the merchant’s access to Malsoon platform services in any of the following cases:
- Violation of the terms and conditions of the Terms of Use agreement.
- Verbal, written abuse, assault, or threats by any means, whether direct or indirect, whether committed by the merchant, their store employees, or any consumers, directed toward Malsoon platform or any of its partners, employees, or representatives.
- Inability of Malsoon platform to verify any of the user information provided.
- If Malsoon platform determines that the user’s activities violate the law or that the user’s activities may cause harm or legal violations to other users or to Malsoon platform.
- Malsoon platform may, at its sole discretion, reinstate suspended users. However, a user whose membership has been permanently suspended or canceled may not register again, recover their account, or use the platform in any way unless explicitly permitted by Malsoon’s management. In case of any violation of this Terms of Use, Malsoon platform reserves the right to recover or claim any amounts owed by the user and any damages caused by the merchant to Malsoon. Malsoon also retains the right to take legal action or refer the matter to judicial authorities in the Kingdom of Saudi Arabia as deemed appropriate.
- Malsoon platform does not waive its right to take appropriate measures against any violations of the Terms of Use or similar breaches. However, Malsoon is under no obligation to take action against any violation; such decisions rest at the sole discretion of Malsoon’s management and legal department.
Article 17 – Store Closure Request
- A merchant has the right to submit a request to close their store registered in the Malsoon platform database. When submitting the request, the merchant must provide certain documents, including but not limited to: a closure request signed by the store’s legal representative and certified by the relevant official authorities.
- Malsoon platform reserves the right to accept or reject the closure request and to claim any outstanding rights or financial dues owed by the store.
- Without prejudice to the provisions of Article 16 of this Agreement, if a merchant submits a request to close their store, they shall not be eligible to receive any refund for any active subscriptions.
Article 18 – Payment, Sales, and Purchase Transactions
- The merchant is obligated to manage their store properly in a manner that preserves consumer rights and avoids any disputes between the merchant and the consumer.
- The merchant shall manage all payment, sales, and purchase transactions conducted through their store via the payment methods stipulated in this Agreement.
- Malsoon reserves the right to reject, cancel, or suspend purchase transactions, regardless of whether payment has been completed.
- Malsoon notes that it has no involvement in any disputes that may arise between the consumer and the merchant, nor is it responsible for any failure on the part of the consumer toward the merchant, including failure to make payment or otherwise.
- The merchant agrees and acknowledges that they will not engage in fictitious or manipulative transactions on the Malsoon platform, and will not use a false name, inaccurate personal information, or a credit card without authorization. Malsoon has the right to take appropriate legal action against anyone committing such fraudulent activities.
- All merchants and stores acknowledge their full and informed awareness that the transfer of funds related to their commercial activities on the Malsoon platform is subject to the authority and regulations of the Saudi Central Bank. Consequently, Malsoon informs all merchants and stores that delays in fund transfers may occur due to restrictions imposed by the Central Bank, the Ministry of Commerce and Investment, and electronic commerce regulations.
- Malsoon reserves the right to impose fees on merchants or stores as a result of their activity on the platform. Such fees may include, but are not limited to: government fees, banking fees, administrative fees, or any other fees Malsoon is required to pay due to the merchant’s or store’s activity.
Article 19 – Prohibited Content and Products
- As a merchant on the Malsoon platform, you agree not to advertise or publish on your store any content that violates the Privacy and Confidentiality Policy, the terms and conditions of this Agreement, or the applicable laws and regulations in the Kingdom of Saudi Arabia.
- Malsoon strictly prohibits the sale of the following products and services, including but not limited to:
- Any product/service involving gambling, loot boxes, or randomized items.
- Any product/service that may cause physical or psychological harm in any way.
- Any pirated content or subscriptions, and any items that violate intellectual property or copyright laws.
- Any pornographic or sexually explicit product/service, or anything that promotes such content.
Article 20 – Saudi Anti-Cybercrime Law
- Merchants and users are obligated to comply with all provisions of the Saudi Anti-Cybercrime Law. In the event of any violation, full responsibility shall lie solely with the merchant or user, and Malsoon shall bear no liability whatsoever for any breach of applicable regulations by the store. The merchant remains entirely responsible for their store and interactions with consumers. Malsoon reserves the right to take any action it deems appropriate against any store or merchant that violates the Anti-Cybercrime Law, including but not limited to notifying the relevant authorities, suspending or permanently closing the online store, or cancelling the merchant’s membership on the platform.
Article 21 – Restriction of Access or Membership
- Without prejudice to the merchant’s other rights, Malsoon reserves the right to suspend or cancel the merchant’s membership, or restrict the merchant’s access to platform services at any time, without prior notice and for any reason, without limitation.
Article 22 – Warranty
- Malsoon does not guarantee the resolution of technical issues, nor does it guarantee that the products offered by merchants are free from defects. Any warranty, including its duration, is solely the responsibility of the merchant, if explicitly stated in the product description. Merchants must uphold high standards of quality in their online stores.
Article 23 – Merchant’s Liability
- Nothing in these Terms of Use shall be construed as creating a partnership between any merchant and Malsoon. Under no circumstances may any merchant directly or indirectly suggest, imply, or represent that there exists any kind of relationship, whether direct or indirect between the merchant and Malsoon or its management. Any notifications the merchant wishes to send to Malsoon must be submitted via email, and Malsoon will respond accordingly. As a merchant, you agree that any notices sent to you by Malsoon will be delivered via the email address you provided during registration.
Article 24 – Relationship and Notifications Between Malsoon and Merchants
- Nothing in these Terms of Use shall be construed as creating a partnership between any merchant and Malsoon. Under no circumstances may any merchant directly or indirectly suggest, imply, or represent that there exists any kind of relationship, whether direct or indirect between the merchant and Malsoon or its management. Any notifications the merchant wishes to send to Malsoon must be submitted via email, and Malsoon will respond accordingly. As a merchant, you agree that any notices sent to you by Malsoon will be delivered via the email address you provided during registration.
Article 25 – Governing Law and Applicable Regulations
- These Terms of Use are governed by, and drafted in accordance with, the laws, regulations, and statutes in force within the Kingdom of Saudi Arabia. They are subject entirely and exclusively to the applicable legislation of the authorities in the Kingdom.
Article 26 – Guidelines Merchants Must Follow When Dealing with Consumers
- Merchants must act with honesty, integrity, and transparency in all dealings with consumers.
- Merchants must also uphold good moral conduct and professional behavior in their interactions with consumers.
Article 27 – Promotional Materials and Special Offers by Malsoon
- The terms and conditions of this Agreement apply to all promotional materials, whether in print or electronic form, distributed through various publishing platforms and social media channels.
- These materials are subject to change and do not constitute a binding commitment by Malsoon regarding the fixed pricing of services, packages, or offers. Pricing may be adjusted based on changes affecting Malsoon, merchants, or stores.
- Any offers made by Malsoon are temporary and bound by specific timeframes. Malsoon is under no obligation to extend these timeframes or continue the offer for the full period initially announced. Malsoon reserves the right to limit eligibility, modify conditions, or cancel any offer at its sole discretion and at any time.
Article 28 – Strategic and Logistics Services (Third-Party Services)
- Pursuant to the terms and conditions of this Agreement, Malsoon may offer certain strategic or logistics services through one or more third parties. These services may include, but are not limited to, shipping and product delivery services.
- Malsoon informs users that the provision of such strategic or logistics services is solely for facilitation and support purposes, and it is not obligated to provide them.
- Malsoon further disclaims any direct or indirect responsibility for the actions or conduct of any third party. The platform merely acts as a connector between the user and the service provider (third party).
- Use of these services is optional and at the user’s discretion. When a merchant opts to use third-party services available through Malsoon, the platform bears no responsibility for that relationship, which is governed by its own terms and conditions between the merchant and the third party.
- Some third-party service providers may impose their own terms and pricing, over which Malsoon has no control. Merchants are advised to review the terms and pricing of any third-party service before confirming their request.
- By requesting a service provided via a third party, the user expressly authorizes Malsoon to share their personal data and any other necessary information with the third-party service provider, in accordance with Malsoon’s Privacy and Data Confidentiality Policy.
- Certain services offered by third parties are accessible via shipping labels or integrations enabled through agreements between the service provider and Malsoon. These services may be utilized directly through the Malsoon platform, and Malsoon may deduct applicable fees based on its agreement with the provider. Malsoon assumes no responsibility for any service failure or breach by the third-party provider.
- For paid third-party services (e.g., subscribing to Malsoon packages via the App Store), the third party may impose independent terms or billing requirements. Malsoon has no authority over these, and billing will be managed directly between the merchant and the third party. Merchants are again encouraged to review all applicable terms and fees prior to confirmation.
- Certain international shipping services provided by third parties through Malsoon may be accessed via Malsoon’s shipping portal. These services are offered under agreements between Malsoon and the service providers. The full international shipping cost is passed on to the merchant without markup. Malsoon charges a separate commission for providing access to such services, which is subject to VAT. The merchant is responsible for paying the full shipping fee, Malsoon’s commission, and the applicable tax, based on the rates listed in the portal, which may be updated periodically. Malsoon bears no liability for any service failure by the third-party provider.
Article 29 – Technical Support
Pursuant to the terms and conditions of this Agreement, Malsoon provides certain technical support services to merchants and stores, in accordance with the features included in the store’s selected subscription plan. These services may include, but are not limited to:
- A free control panel for stores, which includes certain complimentary services.
- If a merchant wishes to access additional, alternative, or multiple services, such access shall be subject to the pricing and plan policies of Malsoon, which may involve applicable fees.
- Malsoon allows merchants to communicate with its technical support team to facilitate the operation of their stores on the platform and to address any technical or electronic issues that may arise.
Article 30 – Dispute Resolution
- According to the terms and conditions of this Agreement, any disputes shall be resolved through conciliation, negotiation, or amicable settlement. If the dispute persists, it shall be referred to the competent authorities in the Kingdom of Saudi Arabia for resolution.
Article 31 – Consumer Complaint Policy and Dispute Resolution Between Consumer and Store
In the event of a complaint involving a consumer and a store, Malsoon kindly requests that the following steps be followed:
Step One:
Submit a complaint through the designated link on the Malsoon platform. The complaint must include: a description of the issue, supporting documentation, and the name of the offending store. Malsoon will then forward the complaint to the relevant store for resolution.Step Two:
After reviewing the store’s response, the consumer is entitled to take any action they deem appropriate. If the consumer is not satisfied with the store’s response, they may request a copy of the store’s legal identification in order to pursue further action.
Article 32 – General Provisions
- If any provision or clause of this Terms of Use Agreement is canceled or becomes unenforceable, such cancellation or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect until further notice from Malsoon’s management.
- This Agreement, which may be amended from time to time as circumstances require, constitutes the sole framework, understanding, and contractual relationship between the merchant (and their store) and Malsoon. The merchant and their store are bound by the terms of this Agreement and the merchant affirms and acknowledges that:
- This Agreement applies to all users of the Malsoon platform and governs the relationship exclusively between the merchant and Malsoon, regardless of the merchant’s legal, organizational, commercial, or charitable form or status. The relationship between the merchant and consumer is governed by a separate legal framework with its own applicable regulations.
- Merchants who register through “Success Partners” (link provided) grant the Success Partner who facilitated their registration access to their store and account information.
- No party other than Malsoon’s management or the judicial authorities of the Kingdom of Saudi Arabia has the right to impose any provisions, clauses, or amendments to this Agreement.
- In the event of translation into other languages, the Arabic version of the Terms of Use shall prevail and be considered the authoritative version in all dealings.
- If this Agreement is amended, all merchants and users will be notified, and continued use of the platform will be deemed acceptance of such amendments.
- This Agreement may only be amended or revoked by a decision issued by Malsoon’s management.