In consideration of xs4arabia ("xs4arabia.com," "we," "us" or "our") providing you access to our services, including our website (www.xs4arabia.com), mobile site (m.xs4arabia.com), blog, social media accounts, mobile applications ("xs4arabia Apps"), and text messaging service, you hereby agree to the following terms and conditions.

xs4arabia.com may modify these Terms of Use periodically. Your continued use of our services implies acceptance of any changes.

Our contract. These terms and conditions (Terms) govern and apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. As soon as you place an order on the XS4Arabia platform, these Terms will be applied, and we have entered into the Contract with you. If you do not agree with these Terms, you must not use the platform nor order any of the Services offered. XS4Arabia operates digital platforms, including marketplaces and websites, for various services and products, and engages in publicity, advertising, and computer programming related to the operation of its services.

Entire agreement. This Contract and its amendments represent the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty that is not set out in this Contract.

Eligibility for services. You acknowledge and warrant that:
(1) your use of the Services has never been disabled and you have never been prevented from using them at any time;
(2) you are not a competitor of XS4Arabia, and you do not offer any competitor products or services that those of XS4Arabia;
(3) you have the full legal capacity and authority to contract, and that you will not be in violation of any law or contract, and that you have no case law, arrests, warrants, or claims with any authorities.

Pledges and Guarantees. You acknowledge and warrant that you will:

• Comply with all laws and regulations in force in the country you use XS4Arabia.
• Provide correct and accurate information to XS4Arabia and update it periodically.
• Review and comply with any notices sent through XS4Arabia regarding your use of the Services provided by the XS4Arabia platform.
• The Services or platform will be used for legitimate purposes only, and the Services will not be used to purchase or receive any illegal goods, stuff, and/or material prevented by local authorities or for the purpose of fraud.
• You will not use the Services or platform for any act or behaviour of terrorism, money laundering, or to cause harm, harassment, or inconvenience to anyone.
• Agree to save information of your executed operations and exchange it between companies within the platform or with local authorities and evaluate transactions with you.
• Not hinder the proper operation of the XS4Arabia platform.
• Not attempt to harm the Services or the platform in any way.
• Not copy or distribute the platform or other content without obtaining written permission from XS4Arabia.
• Keep your account password or any identification method provided by you and provide access to your account, in a safe and confidential manner.
• Provide us with all information and evidence of your identity at the discretion of your private XS4Arabia representative.
• Agree that XS4Arabia has the right to refuse to provide the Services or the use of the platform without giving reasons.

Your copy. You should save a copy of these Terms to your computer for future reference.

Placing your order. Please follow the onscreen prompts on the platform to place your order. You may only submit an order using the method set out on the platform. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.

Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

Accepting your order. Our acceptance of your order takes place when you send a request an order by XS4Arabia platform or through the direct integration, at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate to those Services confirmed in the Order Confirmation.

Right to Cancel.
You have the right to cancel an order placed on XS4Arabia, subject to the following conditions:

• Cancellation requests must be made before the order is processed or dispatched.
• If the order has already been processed or dispatched, cancellation may not be possible, or it may incur a cancellation fee.
• To cancel an order, you must contact XS4Arabia’s customer service via the platform or through the communication channels provided. The cancellation will be confirmed once XS4Arabia processes the request.

Non-Cancellable Orders.
Some orders may be non-cancellable due to the nature of the service or product. Non-cancellable orders include, but are not limited to, custom-made services, or products that have been specifically prepared for you.

Cancellation Charges.
If cancellation is requested after the order has been processed or dispatched, XS4Arabia reserves the right to charge a cancellation fee to cover any administrative costs or expenses incurred. The cancellation fee will be communicated to you at the time of the cancellation request.

Refund Policy.
If you are eligible for a refund, XS4Arabia will process the refund according to the payment method used for the order. The refund process may take several business days, depending on the payment provider.

XS4Arabia’s Right to Cancel.
XS4Arabia reserves the right to cancel an order at its discretion, including but not limited to situations where:

• The services or products ordered are no longer available.
• There is an error in the price or description of the services or products.
• Payment issues arise or fraud is suspected.

In such cases, XS4Arabia will notify you of the cancellation and provide a full refund for the order.

Order Amendments.
If you wish to amend your order, including making changes to the quantity or type of services or products, you should contact XS4Arabia immediately. Amendments may be subject to availability and may require additional charges.

Descriptions and illustrations.
Any descriptions or illustrations on our platform are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.

Compliance with specification.
Subject to our right to amend the specification (see below), we will supply the Services to you in accordance with the specification for the Services appearing on our platform at the date of your order in all material respects.

Changes to specification or Services.
We reserve the right to amend the specification of the Services at any time at our discretion or to suspend the Services at any time by posting a notice on the platform of XS4Arabia. We also reserve the right to place restrictions on certain features of the platform or Services and/or limit your access to portions of the Services without prior notification to you.

Reasonable care and skill.
We warrant to you that the Services will be provided using reasonable care and skill.

Time for performance.
We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only. Failure to perform the Services by such dates and times will not give you the right to terminate the Contract or seek any other remedy against us.

Linking Your Application.
The second party can link its online application directly with the application of the first party in order to benefit from the services that the two parties have agreed that the first party will provide to the second party. This is done by requesting an electronic key issued by the first party and submitting it to the second party, allowing them to access the agreed services.

Sharing of Electronic Key.
The first party has the right to share the electronic key with a third party whose function is to develop the electronic application in order to link the application of the first party with the application of the second party.

Responsibility.
It is your responsibility to ensure that:

• The terms of your order are complete and accurate.
• You cooperate with us in all matters relating to the Services.
• You provide us with such information as we may reasonably require to supply the Services, ensuring that such information is complete and accurate in all material respects.
• You comply with all applicable laws, including health and safety laws.
• You will not share your username, password, or other credentials with any other party for them to access the XS4Arabia platform.
• You will not use the XS4Arabia platform and/or Services to purchase, deliver, send, or receive any prohibited items, materials, or products as detailed in Schedule 1 of these Terms at any time.
• You are solely responsible for the privacy of the services and the use of the platform or Services by anyone else using your account, username, password, or access credentials. You agree to notify us immediately if you become aware of any loss, theft, or unauthorized use of your access credentials.
• You will defend, hold harmless, and indemnify XS4Arabia and its affiliated companies, officials, managers, representatives, employees, agents, and lawyers from any claims, costs, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
• Your violation of any of these Terms or applicable laws or regulations.
• Your violation of any rights of others, including service providers involved in providing the Services.
• Your misuse of the platform and/or Services.

Your Default.
If our ability to perform the Services is delayed or prevented by any failure on your part to fulfill any obligation listed in these Terms (Your Default), we may:

• Suspend performance of the Services until you remedy Your Default.
• Rely on Your Default to relieve us from performing the Services to the extent Your Default prevents or delays performance. In certain cases, Your Default may entitle us to terminate the Contract.
• We will not be responsible for any costs or losses you incur due to our failure or delay in performing the Services due to Your Default.
• You will be responsible for reimbursing us for any costs or losses we sustain due to Your Default, upon written demand.

Payment for Services.
In consideration of us providing the Services, you must pay the Charges in accordance with this clause.

Price Quotation.
The Charges are the prices quoted on our platform at the time you submit your order.

Government Fees.
There may be additional government fees added to the basic delivery fee. These fees will be indicated by the XS4Arabia platform.

Changes to Scope of Services.
If you wish to change the scope of the Services after we accept your order, and we agree to such a change, we will modify the Charges accordingly.

Correctness of Prices.
We take reasonable care to ensure that the prices for the Services are correct at the time the relevant information is entered into the system. However, please refer to the clause on pricing errors (Clause 8.8) for details on what happens if we discover an error in the price of the Services you ordered.

Price Changes.
Our Charges may change from time to time at the discretion of XS4Arabia. However, such changes will not affect any orders you have already placed.

Exclusivity of Charges.
Our Charges are exclusive of any applicable taxes. Where taxes are payable in respect of some or all of the Services, you must pay us such additional amounts at the applicable rate, at the same time as you pay the Charges.

Pricing Errors.
Despite our best efforts, some of the Services on our platform may be incorrectly priced. If we discover an error in the price of the Services you ordered, the price will be corrected as soon as we become aware of the error.

Payment Method.
Payment for the Services is an advance payment. You will need to charge your wallet balance in advance with a credit amount on XS4Arabia. The delivery fee you request will be deducted from your wallet balance directly.

Failure to Pay.
If you fail to make a payment under these Terms, we will have the right to immediately terminate the Contract and prevent you from using the platform or Services in the future.

If an issue arises or you are not satisfied with the services, please contact our customer care team via email at: support@xs4arabia.com

For XS4Arabia Cash Wallet users only:
You can file a complaint in the manner set out in this clause within a maximum period of two days from the expiry date of the order delivery. After this period, the order with all its data will be considered correct with all its contents.

For non-users of the XS4Arabia Cash Wallet:
If you received the account statement from XS4Arabia for delivery and did not make any "written" complaint or comments on it within two working days from the date of receiving it, the statement of account delivered to you by XS4Arabia will be considered correct with all its contents.

Ownership of Intellectual Property.
All intellectual property rights in or arising out of or in connection with the Services and/or in relation to our platform will always be owned by us. Except as set out in this clause, you must not reproduce the Services or any trademarks or trade names that appear in the Services and/or the XS4Arabia platform.

License to Use Deliverables.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free license during the term of the Contract to copy the deliverables specified in your order (excluding materials provided by you) for the purpose of receiving and using the Services and such deliverables. You may not sub-license, assign, or otherwise transfer the rights granted in this clause.

License to Use Materials Provided by You.
You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy and modify any materials provided by you to us for the term of the Contract, for the purpose of providing the Services to you.

We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for the following losses:

• Loss of profits.
• Loss of sales or business.
• Loss of agreements or contracts.
• Loss of anticipated savings.
• Loss of use or corruption of software, data, or information.
• Loss of or damage to goodwill.
• Any indirect or consequential loss.

Notice Period for Claims.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire after 7 days from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

Platform Use Disclaimer.
XS4Arabia is not responsible for any damages resulting from your use or inability to use the platform, including damages caused by malware or viruses, nor are we responsible for the incorrectness or incomplete information on the platform.

This clause will survive termination of the Contract.

Non-Disclosure of Confidential Information.
We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients, or suppliers, except as permitted by this clause.

Permitted Disclosure of Confidential Information.
We each may disclose the other's confidential information:

• (a) To such of our respective employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors, or advisers comply with this clause 13; and
• (b) As may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

Use of Confidential Information.
Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

Our Right to Terminate.
Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect without giving written notice to you if:

• (a) You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 2 days of you being notified in writing to do so.
• (b) You fail to pay any amount due under the Contract on the due date for payment.
• (c) You violate the conditions of use on the platform or otherwise stated by XS4Arabia.
• (d) XS4Arabia considers that you are abusing the platform or Services.
• (e) You suspend, threaten to suspend, cease, or threaten to cease to carry on all or a substantial part of your business.
• (f) Your financial position deteriorates to such an extent that in our opinion, your capability to adequately fulfill your obligations under the Contract has been placed in jeopardy.

Your Right to Terminate.
You may terminate the Contract at any time by permanently deleting the platform installed on your electronic device, thereby disrupting your use of the platform and/or Services. You can close your user account at any time.

Effect of Termination.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

Survival of Provisions.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Exemption from Liability.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

Impact of Event Outside Our Control.
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

• We will contact you as soon as reasonably possible to notify you;
• Our obligations under the Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

Your Right to Cancel.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 7 days. To cancel, please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control.

You must not attempt to procure services that are competitive with the Services from any of our directors, employees, or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.

Definition of "In Writing."
When we refer to "in writing" in these Terms, this includes emails from the support@xs4arabia.com domain.

Mode of Communication.
Any notice or other communication given by one of us to the other under or in connection with the Contract can be by way of SMS, via the platform, or to the email address registered in the account information entered by you on the XS4Arabia platform.

Exclusion for Legal Documents.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

Assignment and Transfer.
We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our platform if this happens.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Variation.
XS4Arabia reserves the right to amend or change these Terms or the Services it provides without prior notice, and it is your responsibility as a user of the platform to review the Terms periodically to see updates that are relevant through the link in the platform menu.

Waiver.
If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Severance.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Third Party Rights.
The Contract is between you and us. No other person has any rights to enforce any of its terms.

Governing Law and Jurisdiction.
The Contract is governed by Kingdom of Bahrain law and regulations and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Kingdom of Bahrain courts. In the event of a dispute, claim, or disagreement which cannot be resolved amicably between us, it is agreed that before any court proceedings are pursued, the parties must first submit their claim to mediation under the International Chamber of Commerce Mediation Rules. If such dispute has not been resolved within ninety (90) days following a request for mediation by one of the parties, then either party shall be at liberty to bring legal proceedings in the Kingdom of Bahrain courts.

• Alcohol: Liquors, spirits, intoxicants, wine, champagne, beer, and more.
• Banned Animals and Agricultural Products: Parts of animals, blood or other fluids, weeds, prohibited seeds, plants, and any organic matter (including derivatives of production) that are endangered or prohibited from trade under the law.
• Pornography: Pornographic material or any content that constitutes sexual exploitation of children.
• Copyrighted Materials and Applications: Illegal copies of books, music, movies, and other licensed and protected material, including copies that infringe on property rights, illegal copies of applications, programs, video games, or other products that allow anonymous messaging.
• Counterfeit and Illegal Goods: Counterfeit goods or designs, unsigned celebrity items, forged signatures, coins, stamps, and other potentially unlawful goods.
• Devices and Mechanisms to Bypass Technical Protection: Any chipsets or devices used to bypass digital protections, such as iPhone decoders.
• Drugs and Equipment: Prohibited substances, illegal drugs, preparation equipment, herbal pills (e.g., salvia, magic mushrooms), or any products that promote the use of illegal substances.
• Games and Gambling: Lottery tickets, sports betting, gambling website memberships, and related content.
• Electronic Hacking Materials: Information, directions, and tools that enable unlawful access to applications, programs, servers, websites, or any other protected property.
• Human Organs: Human organs, body parts, fluids, stem cells, and foetuses.
• Illegal and Stolen Goods: Materials or goods that promote unlawful acts or violate import/export regulations, including contraband.
• Illegal Communication Equipment: Devices to capture free satellite signals, decoders, encryption cards, illegal equipment used to modify cell phones, and any prohibited equipment under national regulations.
• Supernatural Drugs: Unproven drugs or treatments marketed as quick fixes for health issues.
• Inappropriate Goods: Goods, materials, or products that:
  • Defame any person or group based on race, religion, gender, or other factors.
  • Incite violence or promote hatred.
  • Promote affiliation with terrorist groups or illegal organizations.
• Aggressive and Criminal Goods: Criminal items or personal belongings associated with crimes.
• Precious Materials: Bulk sale of rare minerals, gemstones, and precious stones.
• Cultural Materials and Protected Handicrafts: Items covered by the UNESCO Charter regarding the prevention and protection of cultural property.
• Fireworks and Dangerous Materials: Toxic, flammable, or radioactive items like gunpowder, explosives, gasoline, and propane.
• Goods Subject to Specific Controls: Items such as airbags, mercury-containing batteries, chemical solvents, pesticides, medical devices, and other regulated materials.
• Traffic Authority’s Apparatus: Radar jammers, license plate covers, and related traffic equipment.
• Weapons: Weapons, ammunition, and other materials, including concealed or hidden weapons and items like knives, light machine guns, and tear gas.
• Currency Selling: Reduced or precious metal-backed currency trading.
• Delivery to Children Below 18: Refusal of service for deliveries to children under 18 or near primary/middle schools.
• Misuse of the Software Platform: Offensive language, threats, or defamation against the company, employees, or services. Accounts may be permanently closed if abusive behavior is identified.
• Taxi Services: Transporting people within the city.
• Heavy and Bulky Materials: Large items unsuitable for small vehicles, or items weighing more than 40kg.
• Luxurious and Precious Goods: Items exceeding a value of $3,000 USD.

Mandatory Conditions for the Delivery of Medicines to Pharmacies:

• Medicine prices must align with the NHRA price list.
• Only multivitamins and food supplements can be displayed in apps; prescription medicines are strictly prohibited.
• All displayed medicines must be registered in Bahrain.
• Controlled or semi-controlled medicines are not eligible for delivery services.
• Delivery must be via vehicles approved by the National Authority for Regulating Medical Professions and Services.
• Vehicles not approved by NHRA are prohibited.
• All parties must adhere to regulations under “Resolution (63) for the year 2019” for pharmaceutical practices.

1. Returns

We understand that sometimes things don't work out. You have the right to return products purchased from our platform, subject to the following terms:

• Products must be returned unused, in their original condition and packaging.
• Items must be accompanied by a valid proof of purchase, such as an order number or invoice.
• Products must not be in any way damaged, altered, or used beyond reasonable testing.
• Personalized or custom-made items are non-returnable.

2. Refunds

If you are eligible for a refund, we will process it. Refunds are processed after the returned items are received and inspected.

Refunds are issued based on the following criteria:

• If the product is defective, damaged during shipping, or incorrect.
• If the return meets the conditions mentioned in Section 1 above.
• Refunds will not be provided for items that do not meet our return conditions.

3. Non-Refundable Items

The following items are non-refundable and non-returnable:

• Customized or personalized products.
• Perishable goods, such as food and beverages.
• Items that have been used, opened, or are in non-resalable condition.
• Gift cards, downloadable products, and digital services.

4. Return Process

To return an item, please follow these steps:

1. Contact our customer support team at support@xs4arabia.com to initiate the return.
2. Provide your order number and reason for return.
3. Ship the item to our returns address (which will be provided by customer support).
4. Once received, our team will inspect the item and notify you of your refund status.

5. Shipping Costs for Returns

The customer is responsible for the cost of return shipping, unless the item is defective, damaged, or incorrect. We recommend using a trackable shipping service to return your items, as we cannot guarantee that we will receive your returned item without a tracking number.

6. Exchanges

If you need to exchange an item, please follow the return process mentioned above, and place a new order for the desired product. Exchanges are subject to product availability.

7. Damaged or Defective Items

If your product is damaged or defective upon arrival, please notify us. We will provide you with a full refund or a replacement, as per your preference. To return a damaged item, please:

• Contact us at support@xs4arabia.com with your order number and images of the damaged item.
• We will guide you through the process and cover the return shipping costs for damaged or defective items.

8. Customer Responsibility

It is the customer's responsibility to ensure the item being returned is in its original condition and packaging. Returns will not be accepted if the item is damaged or used beyond reasonable testing.

For order cancellations or support:
Phone: 13334433
Email: support@xs4arabia.com