Usage Agreement (Terms and Conditions)

Introduction:

• All products displayed on the “Medshafy” platform are subject to the requirements and specifications of their local or international producers or distributors, and “Medshafy” shall not be liable for manufacturing, warehousing, transportation or shipping operations.
• Other than the guarantee provided by the Supplier/Seller, if any, “Medshafy” does not provide any liability or guarantee for any of the products provided through the platform and the user understands the nature of these contracts and effects thereof.
• “Medshafy” aims, through the website and applications, to create a distinguished customer journey with online shopping; therefore, We have written down the terms and conditions related to the stations of this journey as follows:

Our Terminology:

1. User/Customer/“You” means the person who orders goods and commodities from “Medshafy” application/website, who shall have legal capacity to do this process.
2.  “Medshafy” or “We” means Medshafy Information Technology Company, CR: 1010753080, having its address at: Medshafy Information Technology Company, 4062 Kaled Ibn Al-Waleed Street, Al Shohada District, Unit No. 8010,Alriyadh 13241-4060, Kingdom of Saudi Arabia.
3. “Home Page” means the main page of the application/website, which shows the headings and sections of the application/website and brands that We facilitate its display to the user.
4. “Sections” means main and sub-categories that We have on the website/application.
5. “Account” means the user’s details and history of shopping, which is created after registration for shopping through “Medshafy” website/applications.
6. “Commercial Price” means prices of items that supplier/owner of commodity wants to sell with, and is displayed in “Medshafy” platform and applications and includes additional expenses (taxes, new expenses …), other than delivery costs.
7. “Cashback” means the amount that customer of “Medshafy” collects in his/her e-wallets in the customer’s account on the website/application. Customer can use the cashback balance in his/her e-wallet to pay for their purchases at any time by choosing to pay using this balance instead of cash or credit card.

Our Conditions:

A. Access:

1. The website/application may stop working for some time in cases of periodic or emergency maintenance or for compelling reasons beyond our control.
2. Errors and malfunctions shall be fixed periodically according to the capabilities available to “Medshafy”.
3. By using our online platforms, the customer is fully aware that this use is within his/her responsibility for the contractual actions that he/she enters into and that he/she uses “Medshafy” for a legitimate objective.
4. Customer shall solely be responsible for consequences of sharing his/her username and password in “Medshafy” application/website, e-mail or access code sent by Medshafy with any person, establishment or entity.
5. User may not use or exploit any vulnerability or software errors to affect Medshafy service or obtain a benefit not provided explicitly, and user shall compensate Medshafy if he/she did so.
6. “Medshafy” may refuse to deal with a customer if he/she threatened or committed any physical or verbal violence towards any of the customer service or delivery personnel or any person concerned with dealing with the platform.

B. Content:

1. Without commitment to time, type or quantity, “Medshafy” shall update the content of its platforms periodically.
2. Customer shall solely note the update date, if any, knowing that there might be errors or omission.
3. We may update the application/website from time to time, and may change the content at any time. However, please note that any content on the application/website may be out of date.
4. Intellectual property rights and all rights, available on the application/website or any part thereof, whether by “Medshafy”, user or any third party, such as your preferences is a property of “Medshafy”.
5. User is aware of the legal liability if he/she uses any data belonging to “Medshafy” without written permission, and shall, accordingly, be subject to penalties imposed by “Medshafy”.
6. In case there is a law or legislation that prevents “Medshafy” from having any rights or data automatically generated from the use of the website/application, the customer agrees to grant “Medshafy” all the powers within the limits permitted by law to collect, use and share such data.
7. User shall be responsible for protecting his/her personal data and using the necessary and sufficient protection software for that effect.

C. Amendment:

• From time to time, We will make changes or amendments related to this policy, and We shall inform the user of the same within acceptable limits of applicable laws.

D. Purchase Conditions: below purchase conditions shall be applied if the user initiates the transaction via the website/application:

1. User shall be legally qualified to make the purchase.
2. User shall possess the tools necessary to pay the price ​​directly or through cards and e-wallets acceptable to “Medshafy”, and the fees it charges for types of cash or e-payments.
3. User shall treat login data with utmost confidentiality as he/she is responsible for them as soon as the account belonging to such data is used by him, any person, entity or facility that was able to access it through the account’s login data.
4. If the user become slightly convinced that his/her data is no longer secure enough, or if user thinks that another person may know or is using his/her data to access the account in “Medshafy”, user shall contact us immediately.
5. The user agrees to waive his/her right to access his/her account in “Medshafy” if the latter suspends that account due to suspicion of any fraudulent activity, when there is a misuse of the services or for any reason that “Medshafy” believes is objectively appropriate to cancel or suspend the account.
6. Receiving notification for your order without reference to confirmation by “Medshafy” shall not be considered a legal and sharia effective acceptance, and “Medshafy” may cancel the order whenever it deems it objectively appropriate.
7. Some goods / commodities / services may require additional terms to be indicated separately.

Regarding price:

1. The price of the specific commodity/product that the customer ordered shall be the price shown on the website/application at the time the user places or modifies the purchase order.
2. Medshafy team makes every effort to provide the best service possible, but errors may occur while providing information on products and prices by “Medshafy” application/website.
3. We can only confirm the product price after placing the order.
4. In case a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We will have the right, at our sole discretion, to contact the customer for the purpose of instruction or canceling your purchase order and notifying the customer of this cancellation.
5. In all cases, “Medshafy” may modify prices and inform the customer of any modifications.
6. If “Medshafy” application/website accepts your purchase order, the same value will be deducted from your credit card account and “Medshafy” shall notify the customer by e-mail or SMS, and the customer will be obligated to pay in cash on delivery if the customer chooses so or when We are not able to debit the card. 
7. “Medshafy” may process the payment with a credit card before sending the product the customer ordered.
8. In all cases, if We have to cancel the purchase order after processing the payments, the mentioned amount shall be refunded to your credit/debit card account, or a debit balance may be provided to be credited to your wallet or account on the website/application.
9. The user agrees that prices and product availability are subject to change without any prior notice. Furthermore, product description/performance is based on the catalog and documentation printed by the suppliers/agent. Therefore, the written description provided on each product does not belong to “Medshafy” and is subject to change without prior notice. 
10. In addition to the price, payment of delivery or collection fees may also be required.

Regarding acceptance of the purchase order:

1. According to our sole decision, Medshafy reserves the right to refuse or cancel any purchase order for any reason whatsoever.
2. Purchases are sometimes or always restricted by certain restrictions:
   1. Restrictions of quantities available for purchase.
   2. Restrictions of inaccuracy or errors in product information or pricing.
   3. Issues identified by Medshafy’s Credit and Fraud Department.
   4. Any other restrictions as We may define as needed and according to our sole discretion.
3. These are some of the cases that may lead to order cancellation.
4. More information may be requested before accepting any purchase order.
5. We will contact the customer if his/her order is canceled completely or in part, or if additional information is required to accept your order.
6. If your order is canceled after deducting the amount from your credit/debit card, the mentioned amount shall be refunded to your wallet at “Medshafy” platform, and if the customer wishes to transfer the amount to the credit card account, the customer shall inform “Medshafy” of the amounts required to be transferred, and this notification shall be customer’s responsibility, without any liability for “Medshafy”.
7. The user shall be responsible for ensuring the validity of the credit/debit card when executing the refund.

Regarding non-receipt of order:

1. If there is no person authorized to receive the order at the location specified by the user, the driver shall wait no longer than 10 minutes before leaving the specified location.
2. The driver shall communicate with the user by calling the registered mobile number only.

Regarding changing the order:

1. “Medshafy” shall have the right not to accept change and cancellation orders, and in case such orders are accepted, the customer shall have to follow up the order with the technical support team.
2. Given how “Medshafy” systems work, if the customer wants to add products to the order the customer placed, he/she can reorder by calling customer service.
3. Orders canceled after delivery or partially canceled during delivery shall be subject to cancellation fees determined by “Medshafy”, provided that such cancellation fees may not exceed order value and to be deducted from the amount refunded for delivery and processing.
4. The user agrees not to object, and waives his/her right to object, the decision taken by “Medshafy” regarding his/her receipt of orders, and shall accept it as arrived.
5. If the user orders items and it turns out that they are not available, he/she can choose to replace them with the nearest item or cancel the item completely.

Regarding the shortage of goods stock:

1. “Medshafy” makes all efforts to ensure the permanent availability of goods, and in case of a shortage or unavailability of products, We will offer the user the option/s to obtain an alternative or similar product/s, or to cancel the product completely and/or replace the product with a different size of the same brand. In all cases, if the price of the alternative product is higher than the price of ordered one, the customer shall pay the difference, and if it is cheaper, the price of the new product shall be charged. In case of payment in advance, the difference shall be refunded to the customer.
2. “Medshafy” reserves the right, at its sole discretion, to set a limit on the quantity of items purchased for each person/entity or for each order.
3. The aforementioned restrictions may be imposed on orders placed from the same account, the same credit card, or purchase orders that use the same billing and/or delivery address. “Medshafy” shall notify the customer if this is applied.
4. “Medshafy” may prohibit selling to distributors, retailers or wholesalers or to any party intending to resell products.

Regarding the use of credit cards:

1. If the user notices that his/her credit card has been used without his/her consent, he/she shall notify “Medshafy” immediately, within a maximum of 8 hours of discovering so. The user shall also inform the issuer of his/her credit card within the time limits agreed upon in the card system.
2. If amounts are credited to your wallet by mistake via “Medshafy”, Medshafy may deduct such amounts without notification, and cancel the order, in case those amounts are used to pay for the order.

Regarding product expiry:

1. We perform our role carefully in selecting goods/products with an appropriate expiry date.
2. Please note that fresh products have a limited shelf life.
3. If there is any expired item, Medshafy shall only be responsible to refund the amounts related to such product and receiving it back, so please inform us immediately.

Regarding the use of discount or promotional coupons:

1. When the user activates the “Medshafy” coupon, this coupon will be exchanged for the full amount only, which means that the coupon may not be partially used.
2. It is allowed to use only one coupon for each purchase, account or for any period specified by “Medshafy”.
3. Coupons shall only be used at the time of placing the purchase order.
4. Coupons shall be subject to conditions for determining the period, quantity, etc.
5. All orders shall be reviewed by the support/customer service team at “Medshafy” before execution.
6. If certain purchase orders are found to be violating any of the website’s terms and conditions, these purchase orders will be modified accordingly.
7. Promotional coupons have no monetary value; rather, they are right of discounting conditional on what “Medshafy” specifies when it is announced.

Regarding returns, replacement and complaints:

1. When the customer notices that there is a defect in the product upon delivery, he/she has the right to refuse receipt and may request a replacement or a refund, subject to the following:
2. It is not possible to replace all perishable goods such as meat, vegetables, etc. The provisions of this clause shall include what “Medshafy” specifies as goods covered herein.
3. If the order is not shipped within (24 hours), the user may modify or cancel it without fees; but if shipped, the customer will be charged with fees for returning the product, provided that the product is not opened and remains in its original condition.
4. For any items that require replacement or return, please contact customer service of “Medshafy” website/application as soon as possible.
5. If the customer notices apparent damage to the products included in his/her order/s, he/she may refuse to accept it and can file a complaint in its regard to the following email address: support@.com, or through the technical support of the website/application.
6. With regard to individual products damaged when order contents are transferred, please inform the customer service within 24 hours to recover the paid amounts or obtain a balance in your account with “Medshafy”.
7. In all cases, please ensure to attach a photo of the damaged product to the complaint request to verify the product’s condition, taking into account not to open the product or its sealed package.
8. Acceptance of the complaint by Medshafy customer service team necessarily means that the cash or credit card refunds shall take 14 business days in its broadest possible sense, especially when a third party is involved, and the period may increase in the event of emergency, public holiday or technical obstacle.
9. In all cases of return and replacement, the product shall be in its original packaging. Any product that does not meet these conditions and any conditions specified by “Medshafy” shall not be accepted.

Amendment to the Usage Agreement:

1. “Medshafy” may at all times amend the Usage Agreement without any prior notice.
2. The most recent version of the Usage Agreement can be accessed on the website and application specified pages at any time.
3. If the amendments to the terms and conditions are not acceptable to the user, please stop using our online platforms immediately.
4. Customer’s use of “Medshafy” services through the website/application means his/her agreement and commitment to the provisions of Usage Agreement and any other agreement to be later issued by “Medshafy”.