Introduction
By using the Malek application or the website www.malekmarkets.com, you agree to comply with these Terms and Conditions, which govern your relationship with Malek in relation to the application, the website, and the services provided through them.
The purpose of these Terms and Conditions is to define the rights, ownership, and responsibilities between the customer and Pinnacle Investment, as the service provider and operator of the Malek application, regarding the use of the application, website, products, delivery services, payment services, and related policies.
1- Definitions
The following terms and expressions shall have the meanings assigned to them below:
Service Provider: Pinnacle Investment, registered in the Kingdom of Saudi Arabia, Jeddah, under Commercial Registration No. (7054099077), referred to as the service provider, Malek, we, us, or our.
Customer/s: Any person who wishes to benefit from the products and services provided by the service provider through the Malek application or website.
Service: The service means displaying grocery and food products through the Malek application and website, receiving customer orders, processing them, and arranging delivery to the customer.
Delivery: The delivery of the products or goods requested by the customer to the address or location selected by the customer.
Application: The Malek mobile application.
Website: The website www.malekmarkets.com.
Products / Goods: The grocery, food, and related products or goods displayed and made available for order through the application or website.
2- Overview
The Malek application is an electronic platform that mainly works to display grocery and food products to customers, allowing the customer to request such products through the application or website and have them delivered by the service provider according to its operational and management policy.
These Terms and Conditions are governed by, and shall be interpreted in accordance with, the laws and regulations applicable in the Kingdom of Saudi Arabia.
3- Registration Data and Account Security
By registering for the application services, the customer agrees to:
- Provide valid, accurate, complete, and updated information in the required format.
- Maintain the confidentiality of the username, password, verification codes, and any other account access information.
- Accept responsibility for risks resulting from unauthorized access to the account or registration data, including misuse, illegal access, hacking attempts, or other activities that may affect the security of the application or the customer account.
The customer acknowledges that they are solely responsible for keeping the password and account information confidential. Malek shall not be responsible for any loss resulting from the use of the customer account by a third party, whether with or without the customer's knowledge. The customer must notify Malek immediately of any unauthorized use of the account, username, password, or other account data.
4- How the Application Uses Your Personal Data
The application collects personal data only when the customer uses the application, website, or services. Such personal data may include the customer's name, email address, mobile number, delivery address, location data, live location when enabled, payment-related information, order history, and customer support communications.
The purpose of collecting and using the customer's personal data includes the following:
- Communicating with the customer regarding their experience, orders, delivery, and use of the application.
- Registering the customer in the application, verifying the account, and linking the account to the mobile number and email address.
- Sending service notifications and, where permitted, promotional offers provided by Malek from time to time.
- Measuring and improving the delivery process, including delivery timing and accuracy.
- Developing the application and improving the customer's experience and use of the service.
- Processing payments and complying with applicable legal and regulatory requirements.
Malek is committed to maintaining the privacy of customers' personal data. The application may use aggregated or statistical information to improve the service. Malek does not sell personal data and does not share it with third parties except as required for the purposes stated in these Terms and Conditions.
5- How the Application Works
The application mechanism is as follows:
- The service provider displays grocery and food products through the application and website and makes them available to customers.
- The service provider receives customer orders for the products or goods selected through the application or website.
- The customer confirms the order and selects the appropriate payment method from the available options.
- The service provider processes the order and delivers it to the location specified by the customer, and follows up on the order until delivery is completed.
6- Payment Methods and Procedures
The customer's orders and the services provided through Malek are processed after the customer confirms the order and selects an available payment method. When the customer makes a payment through the Malek account, the customer may be required to provide usual payment-related data, such as name, address, payment method details, and other information required by Malek or the relevant third-party payment or collection service provider.
The customer must ensure the accuracy, completeness, and validity of the data provided during the payment process and must update such data whenever necessary.
Payment methods may include cash on delivery, Visa, Mastercard, mada, Apple Pay, Google Pay, Samsung Pay, and any other payment methods supported by Tap Payments or any approved payment gateway used by Malek.
Note: Payment methods may involve the use of an external third-party payment or collection service provider. Such third parties may impose additional fees, conditions, or requirements when processing payment services. Malek is not responsible for fees, failures, or conditions imposed by third-party payment providers, and the customer should review the relevant third-party terms before using the payment method.
The customer is responsible for the accuracy and validity of payment-related information. Malek shall not be liable for any loss resulting from misconduct, error, or inaccurate data provided by the customer or any third party. Malek does not store full bank card details, as card payments are processed by approved payment service providers.
All product and goods prices available for order through Malek may be subject to value added tax and any other applicable charges according to the laws and regulations of the Kingdom of Saudi Arabia.
7- Exchange and Return Policy
Due to the nature of grocery and food products, exchange and return may be limited. If there are notes or complaints regarding an order, the customer must contact the service provider in writing through the approved customer support channels.
This applies where the customer is not satisfied with the quality of the products or goods delivered due to a defect, expiry issue, unsuitability for use based on the expiry date shown on the product, or a difference between the product ordered and the product delivered.
After reviewing and verifying the complaint by the Malek team, the customer may be compensated, refunded, or credited through the wallet, bank card, or another suitable method in accordance with Malek's policy and applicable laws.
8- Controlling the Use of the Application
Malek has the right, through the means it considers appropriate, to refuse, restrict, or suspend any user's access to the application or services in cases of misuse, suspected fraud, violation of these Terms and Conditions, or any activity that may harm the application, the service provider, customers, or third parties.
9- Amendments to the Application and Terms and Conditions
Malek may at any time make modifications, additions, or improvements to the application, website, 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 through repeated visits to the application or website. Continued use of the services after publishing any amendment shall be considered acceptance of the amended Terms and Conditions. Any changes become effective once published through the application or website.
10- Compensations
The customer acknowledges and agrees to indemnify Malek, Pinnacle Investment, its associated entities, employees, managers, representatives, and service providers against claims, liabilities, losses, damages, and costs, including legal fees, arising from the customer's breach of these Terms and Conditions, misuse of the application, or violation of applicable laws.
11- Notices and Communication
The service provider may use the email address, mobile number, SMS, phone calls, application notifications, website notifications, or any communication feature provided through the application for sending notices or communications related to these Terms and Conditions or the services.
The customer is considered to have received the notice or communication once it is sent through any of the above channels. Communications addressed to the service provider shall be effective only when sent through the official support channels and when receipt is confirmed where applicable.
Email: [support email] · Phone: [support phone]
12- Intellectual Property Rights
The customer's access to the application, website, or any information contained therein does not transfer or grant any ownership or intellectual property rights in Malek, Pinnacle Investment, the application, website, trademarks, logos, designs, software, content, trade names, confidential information, trade secrets, or any other intellectual property rights.
All trademarks, logos, names, designs, software, application interfaces, website content, and other intellectual property related to Malek remain the sole and exclusive property of their respective owners. The customer shall not use, publish, copy, reproduce, modify, distribute, or otherwise deal with such intellectual property without prior written approval.
13- Limitation of Liability
The services are provided according to available operational and technical capabilities. To the maximum extent permitted by law, Malek makes no express or implied warranties regarding uninterrupted availability, suitability for a particular purpose, accuracy, timeliness, or results that may be obtained from using the services.
Malek, Pinnacle Investment, its employees, agents, affiliates, licensors, or service providers shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, business interruption, loss of data, loss of business information, or financial losses resulting from the customer's access to, use of, inability to use, or reliance on the application, website, or services.
14- Invalidation of One or More Provisions
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. If any competent court or authority decides that any provision is invalid or unenforceable, such provision shall be deleted or modified to the extent necessary, while the remaining provisions shall remain in full force and effect.
15- Referral
Malek reserves the right to assign or transfer any or all of its rights and obligations under these Terms and Conditions to any affiliate, successor, or third party, subject to applicable laws and regulations.
16- Applicable Law and Jurisdiction
These Terms and Conditions, and the settlement of any dispute, claim, or controversy arising from or related to them, including their breach, termination, implementation, interpretation, validity, or the use of the application or service, shall be governed by and interpreted in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.
Any dispute arising in connection with these Terms and Conditions shall be referred to the competent courts in Jeddah, Kingdom of Saudi Arabia, unless otherwise required by applicable law.
17- To Contact Us
If you have any questions about these Terms and Conditions, the practices of this service, or your dealings with the service, you may contact us at:
Company: Pinnacle Investment
Commercial Registration No.: 7054099077
City: Jeddah, Kingdom of Saudi Arabia
Website: www.malekmarkets.com
Application: Malek
Email: [support email]
Phone: [support phone]