Terms and conditions

1. Introduction

Welcome to Tote, a digital platform owned and operated by Makein Company. The platform allows users to browse nearby retail stores and supermarkets based on the geographical location and service coverage area defined by each store, as well as purchase available products or request services offered through the application.

The platform also enables stores to set up digital storefronts within the app, display categories and products, present promotional offers and deals, and provide delivery or in-store pickup options based on what each store makes available.

By using the platform, creating an account, or placing an order through the application, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.

2. Definitions

For the purposes of these Terms and Conditions, the following terms shall have the meanings assigned to them below, unless the context requires otherwise:

The Platform / The Application: Tote platform.
The Company: Makein Company, in its capacity as the owner and operator of the platform.
The User / The Customer: Any person who uses the platform to browse stores, purchase products, or benefit from its services.
The Store / The Merchant: Any retail store, supermarket, or commercial entity participating in the platform.
The Order: Any purchase request or service request submitted through the application.
Promotional Offers: Any discounts, offers, or marketing benefits added by the store to its products or services.
Deals: Temporary offers providing special prices on specific products for a certain period of time.
Payment Method: Any electronic payment method approved within the application.
Refund: Reversing the paid amount, in full or in part, to the user in accordance with approved policies.

3. Eligibility for Use

To use the platform, the user must meet the following criteria:

Possess full legal and statutory capacity.
Be capable of entering into legally binding transactions.
Use the platform for lawful purposes only.

The Company reserves the right to suspend, restrict, or terminate the use of any account if it determines that a violation of these terms or applicable regulations has occurred.

4. Nature of the Platform

Tote is a digital, operational, and marketing platform that allows users to browse stores and select the store they wish to purchase from. It also enables stores to display products, services, and offers through digital storefronts within the application.

The operation of the platform or making stores available through it does not mean that the Company is the direct seller of all displayed products or services, unless explicitly stated otherwise.

5. Account Creation and Use

Using certain services on the platform may require creating a user account. In such cases, the user undertakes to:

Provide true, accurate, and complete data.
Update their data whenever any change occurs.
Maintain the confidentiality of their login credentials.
Not share the account with others in a manner that violates the nature of its use.
Assume full responsibility for all activities that occur through their account, unless unauthorized use is proven to be beyond their control and they have notified the platform immediately.

The Company has the right to refuse account creation, or to suspend or cancel it, as it deems necessary to protect the platform, users, or to comply with regulations.

6. Store Display and Selection Mechanism

Stores are displayed to users within the application based on several factors, including:

The user's geographical location.
The service coverage area or distance specified by the store.
The store's operating hours.
Availability and operational status.
The approved technical display and ranking criteria of the platform.

The user acknowledges that the decision to select a store is made by them based on the options available within the application.

7. Products, Pricing, and Availability

Each store displays its products or services, along with their prices and specifications, within its digital storefront on the platform. The store shall be solely responsible for:

The validity of product or service data.
Pricing accuracy.
The accuracy of images and descriptions.
Updating availability and inventory.
The validity of offers and deals data.

The Company does not guarantee:

The continuous availability of all products.
The uninterrupted appearance of any store, product, or offer.
That the store's data will remain completely error-free at all times.

8. Promotional Offers and Deals

The platform may allow stores to introduce promotional offers and temporary deals, including percentage discounts and other marketing privileges.

The user acknowledges that:

Offers and deals are prepared and launched by the store.
Each offer or deal has its own specific terms, duration, and availability.
The continuation or benefit of an offer is subject to product availability, data accuracy, and its specified duration.

The Company bears no responsibility for any error, inaccuracy, or non-fulfillment by the store regarding offers or deals, except within the limits of technical glitches directly attributable to the platform.

9. Orders and Confirmation

When a user submits an order via the application, they declare the accuracy of the entered data, including:

Recipient's name.
Contact number.
Delivery location (if applicable).
Selected products.
Any notes associated with the order.

The order is subject to the store’s acceptance, product availability, service coverage area, working hours, and operational capacity.

The store may reject, modify, or decline to complete the order in the following events:

Unavailability of the product.
An error in pricing or data.
The user's location falling outside the service coverage area.
The end of operating hours.
Operational circumstances preventing execution.

An order is not considered final or complete except as shown in the order status within the application, and after acceptance and payment verification (where applicable).

10. Delivery and In-Store Pickup

The store may provide one or both of the following options:

Delivery.
In-store pickup.

The responsibility for preparing orders and executing delivery falls upon the store. Delivery and pickup services are also subject to:

The store's working hours.
Geographical coverage area.
Product availability.
The store's operational capacity.
The announced or actual estimated time for preparation and fulfillment.

Fees, times, and options may vary from one store to another.

11. Payments

The value of orders placed through the Tote platform shall be settled using the electronic payment methods approved within the application.

The user acknowledges and agrees that Makein Company collects payments made for orders via the application in its capacity as the operator of the platform, responsible for managing collection and financial settlement processes with participating stores, in accordance with its approved operational and financial model.

Furthermore, the user agrees to the following:

Paying the order value through the application constitutes an authorization for the Company to collect the amount due for the order.
The collection of the order value by the Company does not necessarily mean that it is the direct seller of the products or services subject to the order, unless explicitly stated otherwise.
The Company—based on the approved operating model—transfers or settles financial dues with the relevant store after deducting commissions, fees, or due amounts, if any, pursuant to the agreement concluded between the Company and the store.
The processing of electronic payments may be subject to the terms and conditions of payment service providers and relevant financial entities.
The order is not considered financially complete until the payment process is successful and confirmed electronically.
If the payment process cannot be completed, is rejected, or is canceled by the issuer of the payment method, the order will not be deemed confirmed until a notification of successful transaction and approval is received within the platform.

12. Cancellation and Refunds

Cancellation and refund requests are subject to the nature of the product or service, the status of the order at the time the cancellation request is submitted, the store's policies, and the regulations applicable in the Kingdom of Saudi Arabia, taking into account the following:

First: Before Order Acceptance or Commencement of Execution

The user may request to cancel the order if the store has not yet accepted, prepared, or executed it. In this case—once the cancellation is accepted—the paid amount will be refunded to the user via the original payment method used or by the method approved by the platform, within the announced statutory or operational period.

Second: After Order Acceptance or Commencement of Preparation

If the store has accepted the order or commenced its preparation or execution, cancellation may not be available in whole or in part, depending on:

The nature of the requested products.
The execution stage of the order.
Whether the products are perishable goods, intended for immediate consumption, or cannot be resold by their nature.
The requirements of approved regulations and policies.

Third: Refund Cases

A refund request may be considered, in whole or in part, in cases including, but not limited to, the following:

Inability of the store to execute the order after confirmation.
Full or partial unavailability of the requested products.
An amount collected by mistake.
A technical or operational error resulting in charging the user an incorrect amount.
Order cancellation in accordance with the permissible cases in these terms or the approved policy.

Fourth: Refund Mechanism

Refunds for orders paid for through the application shall be processed by Makein Company in its capacity as the entity that collected the amount from the user. Refunds—when due—shall be returned to the original payment method whenever possible, or according to the financial mechanism approved by the platform.

The reflection of the refunded amount in the user's account may take time varying according to:

The payment service provider.
The bank issuing the payment method.
Relevant financial and operational procedures.

Fifth: Limits of Cancellation and Refund

The user has no right to demand cancellation or a refund in cases where the order has been correctly executed in accordance with the data approved by the user, unless there is a statutory reason, operational error, agreement, or policy dictating otherwise.

Sixth: Supplementary Provisions

The Company reserves the right to establish a separate, detailed cancellation and refund policy and publish it via the platform. Once published, that policy shall form an integral part of these Terms and Conditions.

13. User Obligations

The user undertakes to:

Use the platform in a lawful manner.
Refrain from entering misleading or incorrect data.
Not misuse the application, or attempt to disrupt or hack it.
Not use the platform for any fraudulent activity or in violation of regulations.
Review order details carefully before confirming.
Comply with any operational instructions or policies announced within the application.

14. Violating Accounts and Prohibited Activities

The user is prohibited from:

Creating fake accounts or accounts under false names.
Using payment methods they have no right to use.
Submitting malicious or fraudulent orders.
Misusing offers, coupons, or deals.
Attempting unauthorized access to the platform's systems.
Copying, decompiling, or reverse-engineering the application or any part thereof without a legal right.

The Company has the right to take any measures it deems appropriate, including suspending or canceling the account, blocking use, or initiating legal proceedings when necessary.

15. Intellectual Property

All rights related to the platform, including the trade name, trademarks, designs, software, databases, digital repository, and general content, belong to Makein Company or its licensors, and may not be used, copied, republished, or exploited without prior written authorization.

16. Limitation of Liability

The Company exerts reasonable efforts to enable the user to benefit from the platform's services; however, it does not guarantee:

Uninterrupted service.
That the application will be free of technical errors at all times.
That the store will execute all orders, offers, or deals exactly as expected by the user.

To the extent permitted by law, the Company bears no responsibility for:

The unavailability of products at the store.
Pricing errors or product data issued by the store.
The store's failure to execute offers or deals.
The store's delay in preparing the order.
Inability or delay in delivery if it falls under the store's responsibility.
Indirect or consequential damages arising from the use of the platform.

This applies unless the damage arises from willful misconduct, gross negligence, or a statutory violation attributable directly to the Company.

17. Complaints and Support

The user may submit complaints, inquiries, or support requests through the approved channels within the application or via official communication means.

The Company works to review and address complaints within a reasonable period according to their nature, without this implying that it assumes liability for every dispute originating from the store, the product, or the execution, except within the limits prescribed by law or what is directly related to the platform.

18. Modification of Terms and Conditions

The Company has the right to modify these Terms and Conditions at any time, provided that the updated version is published via the platform or the user is notified by appropriate means.

The user's continued use of the platform after modifications come into effect constitutes implicit acceptance of them, unless the law requires another method of acceptance.

19. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.

The competent courts and judicial authorities in the Kingdom of Saudi Arabia shall have exclusive jurisdiction to hear any dispute arising out of or relating to these Terms and Conditions, unless applicable laws provide otherwise.

20. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, it shall not affect the validity of the remaining provisions.
These Terms and Conditions constitute the entire agreement between the user and the Company regarding the use of the platform, unless supplemented by other special policies or terms published within the application.
In the event that an additional privacy policy, cancellation and refund policy, or operational policies are published via the platform, they shall be considered an integral part of these Terms and Conditions to the extent that they do not conflict with them.