Terms of Service

Introduction

By using the Malek app or website, you agree to be bound by these Terms and Conditions, which govern your relationship with the Malek app with respect to the app, the website, and the services provided through them.

The purpose of these Terms and Conditions is to set out the rights, ownership, and responsibilities between the Customer and Pinnacle Investment Company, as the Service Provider and operator of the Malek app, with respect to the use of the app, the website, the products, the delivery and payment services, and related policies.

1. Definitions

The following terms and expressions shall have the meanings set out below:

Service Provider

Pinnacle Investment Company, the owner of the Malek trademark, registered in the Kingdom of Saudi Arabia, and referred to in these Terms and Conditions as the "Service Provider", "Malek", "we", or "us". Full company details are available in the "Contact Us" section.

Customer / Customers

Any person who wishes to benefit from the products and services offered by the Service Provider through the Malek app or the website.

Service

The display of food and non-food products through the Malek app and website, and the receipt and processing of Customers' orders and the arrangement of their delivery to the Customer.

Delivery

The delivery of the products or goods ordered by the Customer to the address or location specified by the Customer.

App

The Malek smartphone application.

Website

The www.malekmarkets.com website.

Products / Goods

Food and non-food products displayed and available for order through the app or the website.

2. Registration Information and Account Security

By registering for the app's services, the Customer agrees to:

1. Provide true, accurate, complete, and up-to-date information in the required format.
2. Maintain the confidentiality of the username, password, verification codes, and any other account login information, for which the Customer is solely responsible.
3. Bear responsibility for risks arising from unauthorized access to the account or registration information, including misuse, unlawful access, hacking attempts, or any activities that may affect the security of the app or the Customer's account.

Malek shall not be liable for any loss that may result from the use of the Customer's account by a third party, whether with or without the Customer's knowledge. The Customer shall notify Malek immediately of any unauthorized use of the account, username, password, or any other account information.

3. Personal Data

Malek collects and uses the Customer's personal data in accordance with the Malek Privacy Policy, which explains what data is collected, why it is used, how it is shared, and the Customer's rights.

4. How the App Works

The app works as follows:

1. The Service Provider displays products through the app and the website and makes them available to Customers.
2. The Service Provider receives Customers' orders for the products or goods selected through the app or the website.
3. The Customer confirms the order.
4. The Service Provider processes the order, delivers it to the location specified by the Customer, and follows up on the order until delivery is complete.

5. Payment

Payment is made by cash on delivery only.

All prices of products and goods available for order through Malek are subject to value-added tax (VAT) and any other applicable fees in accordance with the laws and regulations of the Kingdom of Saudi Arabia.

Exchanges and returns are governed by the separately published Exchange and Return Policy.

6. Control over Use of the App

Malek has the right, by the means it deems appropriate, to refuse, restrict, or suspend any user's access to the app or the services in cases of misuse, suspected fraud, breach of these Terms and Conditions, or any activity that may harm the app, the Service Provider, Customers, or other parties.

7. Amendments to the App and the Terms and Conditions

Malek may at any time make modifications, additions, or improvements to the app, the website, the services, or any part of them. These Terms and Conditions may also be amended from time to time.

It is the Customer's responsibility to review updates to these Terms and Conditions by regularly visiting the app or the website. Continued use of the services after any amendment is published constitutes acceptance of the amended Terms and Conditions. Any changes take effect as soon as they are published through the app or the website.

8. Indemnification

The Customer acknowledges and agrees to indemnify Malek, Pinnacle Investment Company, and its affiliated entities, employees, directors, representatives, and service providers against any claims, liabilities, losses, damages, or costs, including legal fees, arising from the Customer's breach of these Terms and Conditions, misuse of the app, or violation of applicable laws.

9. Notices and Communications

The Service Provider may use email, mobile number, text messages, phone calls, app notifications, website notifications, or any communication feature available through the app to send notices or communications relating to these Terms and Conditions or the services.

The Customer shall be deemed to have received a notice or communication as soon as it is sent through any of the channels mentioned above. Communications addressed to the Service Provider shall only be effective when sent through the official support channels listed in the "Contact Us" section, and upon confirmation of receipt, where appropriate.

10. Intellectual Property Rights

The Customer's access to the app, the website, or any information contained therein does not transfer or grant any ownership or intellectual property rights in Malek, Pinnacle Investment Company, the app, the website, trademarks, logos, designs, software, content, trade names, confidential information, trade secrets, or any other intellectual property rights.

All trademarks, logos, names, designs, software, app interfaces, website content, and any other intellectual property relating to Malek remain the exclusive property of their owners. The Customer may not use, publish, copy, reproduce, modify, distribute, or deal with such intellectual property in any way without prior written consent.

11. Limitation of Liability

The services are provided in accordance with the available operational and technical capabilities. To the maximum extent permitted by law, Malek makes no express or implied warranties regarding the uninterrupted availability of the service, its fitness for a particular purpose, its accuracy or timeliness, or the results that may be achieved from using the services.

Neither Malek nor Pinnacle Investment Company, nor its employees, agents, affiliates, licensors, or service providers, shall be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, business interruption, loss of data or business information, or any financial losses resulting from the Customer's access to, use of, inability to use, or reliance on the app, the website, or the services.

12. Severability

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. If any court or competent authority determines that any provision is invalid or unenforceable, that provision shall be deleted or amended to the extent necessary, and the other provisions shall remain in full force and effect.

13. Assignment

Malek reserves the right to assign or transfer any or all of its rights and obligations under these Terms and Conditions to any affiliated entity, successor, or third party, in accordance with applicable laws and regulations.

14. Governing Law and Jurisdiction

These Terms and Conditions, and the settlement of any dispute, claim, or disagreement arising out of or relating to them, including their breach, termination, enforcement, interpretation, or validity, or the use of the app or the service, shall be governed by and construed in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.

Any dispute arising in connection with these Terms and Conditions shall be referred to the competent courts of the Kingdom of Saudi Arabia, unless applicable laws provide otherwise.

15. Contact Us

If you have any questions about these Terms and Conditions, the practices of this service, or your dealings with the service, you can contact us at:

Company: Pinnacle Investment Company
Commercial Registration No.: 7054099077
Website: www.malekmarkets.com
App: Malek
Trademark No.: TM-01-00-21392-26
Email: [email protected]
WhatsApp: +966 55 606 8535