Words and phrases shall have the meaning set out against each of them herein, unless the context indicates otherwise:
The Application: Dhaw Application.
The Company: Dhaw Company for Marketing.
The Photographer: any natural person who takes photos or records videos.
The Consumer: legal or natural person that uses the Application.
The Service: the service of taking photos or recording videos.
The Fee: the amount of money paid by the Consumer in exchange for the Service.
The Week: days from Sunday to Saturday.
-In reading these Terms and conditions, singular includes the plural and the plural includes the singular and masculine includes the feminine.
- 1. This Application is the sole property of Dhaw Company for Marketing in accordance with the laws and regulations of intellectual property rights. The Use of the Application is subject to these Terms and Conditions and the laws of Kingdome of Saudi Arabia.
- 2. The Consumer who wishes to join the Application must open an account following the instructions described in the Application.
- 3. By using this Application, the Consumer agrees to comply with these Terms and Conditions stipulated herein as they may be amended from time to time. The acceptance of such Terms and Conditions shall be deemed effective starting from opening the account.
- 4. The Application reserves the right at its sole discretion to suspend the Use of the of it or close the Consumer 's account if it is determined that the Consumer violated or in violation or will violate these Terms and Conditions.
- 5. Any person who has not reach the legal age shall not open an account in the Application or make any transaction through it.
- 6. The Application has the absolute authority to remove any content that it reasonably believes constitute violation of these Terms and Conditions or the laws.
- 7. The Consumer grants the Application the right to monitor its use for the purpose of ensuring its compliance with these Terms and Conditions.
- 8. The Application reserves its right to amend these Terms and Conditions without objection from the Consumer. In case the Consumer disagree with the amendment, it shall not use the Application.
- 1. The Consumer shall provide the correct information when opening the account.
- 2. The Consumer affirms that all information provided, are true and accurate, and it bears the responsibility for the truthfulness and accurateness of the provided information.
- 3. The Consumer shall update its data and contact information upon changing.
- 4. The Consumer is responsible for the activities that happens on or via its account
The Use of the Application:
- 1. After opening the account , The Consumer will be able to access the Application and select the Service.
- 2. Upon selecting the Service, the Consumer will receive notification contains the acceptance of the Photographer to perform the selected Service.
- 3. After receiving the notification of acceptance, the Consumer shall the pay the applicable fee.
- 4. If the Photographer perform the Service, the Consumer shall affirm that following the procedures described in the Application within (48) hours from performing the Service.
- 5. In case the Consumer did not confirm the delivery of the Service within the time limit, the Service will be deemed delivered.
- 6. A legal biding agreement shall be formed upon the acceptance of the Photographer and the payment of the fee without the Application nor the Company being party to it.
- 1. In exchange for providing platform for contracting, the Application is entitled to …….of the fee of the Service paid to the Photographer. The Application reserves the right in its sole discretion to change that percentage which it is entitled to.
- 2. The Application will receive the full amount of the fees and withhold it until the Photographer perform the requested Service and upon confirmation by the Consumer of such performance. In case the former was fulfilled, the fee will be released and transferred to the bank account of the Photographer after deducting the percentage of the Application.
- 3. In case where the Photographer did not perform or complete the Service or cancel its acceptance without complying with its terms and conditions, the Application shall return the paid fee withhold by it to the Consumer. The Photographer shall be liable for any damages or losses incurred by the Consumer, the Application or the Company resulted from its non-performance or cancelation.
Cancelation and refund:
- 1. The Cancelation and modification of the selected Service shall be the sole responsibility of the Consumer and Photographer.
- 2. The Consumer is not entitled to refund of the paid fee if it cancels the selected Service without notifying the Photographer or prevented it from performing the Service.
Restriction on Use:
Without prejudge to other restrictions stipulated in these Terms and Conditions, the Consumer shall not engage in any of the following:
- 1. Making, posting, distributing or disseminating defamatory, infringing, obscene, indecent or other unlawful material or information.
- 2. Engage in activities through the Application which are illegal or unlawful in the Kingdom of Saudi Arabia or other countries.
- 3. Use any device, software or routine to interfere or to attempt to interfere with the proper working of the Application.
- 4. Take any action which imposes an unreasonable or disproportionately large load on the Application.
Limitation of Liability:
- 1. The Application or the Company shall under no circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use Application. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
- 2. Without prejudice to the foregoing, if the Application or the Company is found to be liable to the Consumer for any damage that arises out of or in connection to the Service, the total liability of the Application or the Company shall not exceed the percentage of the fee received or that will be received by the Application in exchange for providing platform for contracting.
The Consumer shall indemnify the Company or the Application (including its directors, employees, contractors and other agents) from and against any and all:
- 1. claims, damages, liabilities and expenses suffered or incurred by the Company or the Application because of noncompliance by the Consumer of these Terms and Conditions as well as the laws and regulations
- 2. claims, damages, liabilities, amounts and expenses which the Company or the Application has indemnified the Photographer or any third party against damages arising out of or relation the misuse of the Application by the Consumer.
- 1. The Application will employ reasonable measures necessary to protect the information provided by the Consumer (such as but not limited to the identity, and credit card information) in course of using the Application from unauthorized access or disclose.
- 2. The information of the Consumer may be disclosed where:
- The Consumer agreed to such disclosure;
- The Application is compelled by the law and regulation to disclose such information;
- If disclosure is reasonably necessary to perform the Service to the Photographer or the Consumer.
Intellectual Property Rights:
All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music, artwork of the Application (including but not limited to the design, structure, selection, coordination, expression) is protected by intellectual property rights laws and regulations.
If any provision of these Terms and Conditions is determined to be invalid or unenforceable, it shall be considered severed from the remainder of such Terms and Conditions to the extent of such invalidity or enforceability, and all other provisions shall remain in full force and effect.
No employment or Partnership:
Nothing contained in these Terms and Conditions shall be construed or have effect as constituting any relationship of employer and employee, worker, agency or partnership between the Application and the Consumer.
The Governing Law and Jurisdiction:
- 1. These Terms and Conditions are governed by and shall be construed in the accordance with the Saudi Arabian law.
- 2. Any dispute that might arise from the execution of these Terms and Conditions shall be resolved amicably; if an amicable settlement between the Consumer and the Application was not reached, such dispute, then, shall be referred to the competent judicial authority in Kingdom of Saudi Arabia in City of Riyadh.
- 3. In the event of any conflict between the Arabic and English language versions hereof, the Arabic language version shall prevail.