Introduction:
Tamsha Travel and Tourism Company, registered with the Ministry of Commerce in the Kingdom of Saudi Arabia under Commercial Registration No. 5850147861, welcomes you. Below you will find the terms and conditions governing the use of the Tamsha website and the legal effects resulting from using the website’s services online. Any person using Tamsha, whether a consumer, merchant, or otherwise, is deemed to have agreed to and accepted all articles, clauses, and provisions of this agreement while having full legal, statutory, and Sharia-recognized capacity. This confirms your commitment to its rules and provisions. Tamsha is an electronic website, and this agreement becomes effective and binding once you agree to it and begin registering on Tamsha.
Article One – Introduction and Definitions:
The above introduction is an integral part of this agreement. Below are the meanings and definitions of the main terms used in this agreement:
(Tamsha Website) means the Tamsha website on the internet, including all online forms of Tamsha Travel and Tourism Company.
(Service Provider) means every service provider who registers on Tamsha to manage their business activity, whether a tour guide or an entrepreneur in the tourism sector. This definition includes all forms of the website as long as the person benefits from the services provided through Tamsha.
(Service Provider Account) means the account used by a service provider on Tamsha.
(Consumer) means every consumer who benefits from services provided by the service provider through Tamsha.
(Agreement) means the rules, terms, and conditions of using Tamsha, meaning all provisions and terms of this agreement that govern and regulate the relationship between the parties to this agreement: the service provider and Tamsha.
(Business Activity Account) means any tourism-sector business activity added on Tamsha.
Article Two – Legal Capacity of the Service Provider:
The service provider acknowledges that they have valid legal capacity under Sharia and law, that they are at least eighteen years old as recognized by the applicable laws and regulations of the Kingdom of Saudi Arabia, and that they have sufficient knowledge to create, establish, and manage their account on Tamsha.
If the service provider registers as an establishment, company, or any other legal form, that establishment, company, or legal form through which registration is made must have the legal, statutory, and Sharia capacity required to conduct commerce through Tamsha.
The service provider agrees that if they violate this article, “Legal Capacity of the Service Provider,” they shall bear the consequences of such violation before consumers, users, or third parties. Tamsha has no relationship with the service provider’s dealings with consumers or third parties from a legal, statutory, or Sharia perspective. Tamsha may also hold the service provider accountable under contractual liability and claim compensation for damages arising from this violation, including damage to Tamsha’s reputation before other service providers, consumers, users, or third parties.
Article Three – Nature of Tamsha’s Obligation:
Tamsha’s role is limited to providing marketing services, attracting customers, providing electronic sales channels, and providing sales-management tools by adding the business activity to Tamsha. Under this agreement, Tamsha’s obligation is limited to creating an electronic account for the business activity on Tamsha and presenting the business activity to users.
Tamsha may provide other services to the service provider or the service provider’s account, such as marketing-support services, guidance and advisory services, and electronic payment gateways via the internet. All Tamsha services are subject to the articles, clauses, and provisions of this terms-of-use agreement.
Tamsha is not obligated to complete service-payment transactions between the consumer and the service provider. Its obligation ends with creating an electronic account for the business activity on Tamsha, without prejudice to other services that Tamsha may continue to provide, such as guidance, advisory, technical-support, marketing, and payment services.
Tamsha may temporarily provide some free services to certain business activities, such as content marketing for the business activity on social media platforms including TikTok, Instagram, and X, and adding the business activity to the trending list on the Tamsha website. These services are provided by Tamsha’s management free of charge and on a limited basis, subject to specific restrictions. If the service provider wishes to obtain additional services, they must contact Tamsha’s technical support to inquire about offers, package fees, and additional services.
All dealings between the service provider and the consumer have no connection to Tamsha, and Tamsha is not responsible for them. Such dealing is an independent contractual relationship governed by the agreement concluded between the service provider and the consumer. Accordingly, if the consumer fails to pay for the service provided by the service provider, Tamsha has no connection to such violations.
Tamsha is a technical website on the internet that enables a service provider who agrees to this agreement to create an account for their business activity on Tamsha and operate through the website. Its role ends at that point. Tamsha bears no responsibility for violations committed by the service provider in their account in breach of this agreement, and Tamsha has no relationship with dealings between the service provider and the consumer.
Article Four – Rules for Creating a Business Activity Account on Tamsha:
Any person who has valid legal capacity under law and Sharia may create a business activity account in accordance with the rules and provisions of the terms of use, especially “Article Two – Legal Capacity of the Service Provider.”
The business activity account established under the Tamsha terms of use must not violate the laws and regulations of the Kingdom of Saudi Arabia. The service provider must clarify the nature of the activities they add to Tamsha and the services they provide. Tamsha disclaims responsibility for the service provider’s violation of Saudi regulations and public morals. Tamsha always retains the right to reject the registration of any business activity that does not comply with the applicable laws and regulations of the Kingdom of Saudi Arabia or the provisions of this agreement. Accordingly, the service provider acknowledges that their business activity does not violate public order in Saudi Arabia or Islamic morals.
The services of the business activity added to Tamsha must not violate the rules and provisions of this terms-of-use agreement. The service provider also acknowledges that the subject matter of dealings in the business activity account on Tamsha does not violate this agreement or the applicable laws and regulations of the Kingdom of Saudi Arabia.
No person may use Tamsha as a service provider if their membership or business activity account has been cancelled by Tamsha or pursuant to judicial orders or judgments.
If any service provider registers as an establishment, company, charitable institution, or legal entity, the registered establishment, company, or entity shall be bound by all rules and provisions mentioned in Tamsha’s terms of use.
All service providers and business activity accounts must comply with all applicable laws regulating e-commerce, as well as the Anti-Cyber Crime Law, the regulations of the Ministry of Commerce and Investment, the Electronic Transactions Law, and the E-Commerce Law.
All service providers and business activity accounts must disclose the following data in the business activity account on Tamsha: name and address, commercial registration or tour-guiding license and any other licenses required for the activity, and official contact details.
All service providers and business activity accounts must clarify the terms and conditions, privacy policy, and confidentiality policy to the consumer, which are considered part of the electronic contract.
All service providers and business activity accounts must provide the consumer with an invoice showing the cost of purchasing the provided service, total price, booking date and place, and replacement and refund policy.
All service providers and business activity accounts that provide certain services requiring a license from official authorities must disclose the license and all relevant data.
All service providers and business activity accounts that hold a commercial registration for their business must register the online store in the establishment’s commercial registration according to the law.
The service provider acknowledges that before registering on Tamsha, they verified the availability of all procedures and requirements required by the official authorities in the Kingdom of Saudi Arabia and fulfilled all such procedures and requirements to practice their activity through Tamsha.
All service providers and business activity accounts wishing to register on Tamsha and practice e-commerce on the website must have an active commercial registration or freelance document, in addition to fulfilling other regulatory requirements and obtaining the necessary licenses related to the practice of business activities by service providers through Tamsha.
If the service provider applying to join and create a business activity account is an individual “natural person,” they must also verify and provide the requirements of the official authorities according to the nature of their activity. The individual service provider acknowledges that they are committed to these requirements and to providing and preparing them. They must provide national identity data, freelance document data, and any other necessary information and documents requested by Tamsha. If the service provider applying to join and create a business activity account on Tamsha represents a commercial establishment, company, charitable institution, or legal entity, they must provide Tamsha with all information and supporting documents, such as the commercial registration and any other business documents requested by Tamsha for registration and proof of the legal personality of the business activity. The service provider and business activity account must comply with the registration obligations specified in “Article Five – Accounts and Registration Obligations” and all rules and provisions of the terms of use. In case of non-compliance with any of the above, Tamsha’s management has the right to take any of the following measures, by way of example and not limitation: warning, suspension of service, closure of the business activity account, or blocking access to the sales-management interface on Tamsha again as it deems appropriate. Tamsha is not legally or Sharia-responsible for such breach by the service provider toward the consumer, as it is not a party to the relationship between the consumer and the service provider, but takes such measures to improve the quality of Tamsha and the service providers available on the website.
Article Five – Accounts and Registration Obligations:
Upon applying to join Tamsha or requesting the creation of a business activity account on the website, you are required to disclose specific information and choose a username and confidential password to use when accessing Tamsha. After your account is activated, you become a service provider and beneficiary of Tamsha’s services, and you agree to the following:
You are responsible for maintaining the confidentiality of your account information and password, and you agree to immediately notify Tamsha of any unauthorized use of your account information with Tamsha or any other breach of your confidential information.
Tamsha shall not, under any circumstances, be responsible for any direct or indirect, moral or material loss that may be incurred by you as a result of disclosing the username or password, or in the event of misuse of the business activity account.
You undertake to use your business activity account yourself, as you are fully responsible for it. If someone else uses it, this means that you have authorized them to use the account in your name and on your behalf unless the service provider informs Tamsha management otherwise.
You undertake, when using Tamsha, to use it seriously and honestly, to comply with the rules and provisions of the terms of use, and to comply with the applicable statutory and legal controls in the Kingdom of Saudi Arabia. You are obligated to compensate Tamsha for any direct or indirect losses that may be incurred by Tamsha as a result of any unlawful, unreal, or unauthorized use of your account by you or by any other person who obtained access keys to your account, whether to perform services using the username and password or due to your negligence in maintaining their confidentiality, whether with or without authorization.
You undertake to disclose true, correct, updated, complete, and lawful information about yourself as required during registration with Tamsha.
You undertake to update your personal data on the website if it changes in reality or whenever needed.
You undertake not to include in the username any contact details such as email addresses, phone numbers, personal details, or any phrase indicating a personal or commercial relationship between you and Tamsha, its affiliates, or owners.
You undertake not to place anything in your business activity account that indicates any direct or indirect relationship between the business activity and Tamsha, its management, owners, or affiliates, as Tamsha has no relationship with and is not responsible for your business activity.
Tamsha undertakes to handle your personal information and contact addresses confidentially in accordance with the privacy and confidentiality policy applicable at Tamsha.
You are obligated to maintain and constantly update your registration data so that it remains true, correct, current, complete, and lawful. If you disclose information that is untrue, incorrect, outdated, incomplete, unlawful, or contrary to the terms of use, Tamsha has the right to suspend, freeze, or cancel your account on the website without prejudice to Tamsha’s other rights and lawful means to recover its rights and protect other users.
Tamsha has the right at any time to conduct any investigations it deems necessary and to request that you disclose additional information or documents of any size to prove your identity, ownership of your funds, or your account.
If you fail to comply with any of the above, Tamsha management has the right to suspend or cancel your account or block your access to Tamsha services again. It also reserves the right to cancel any unconfirmed or unverified accounts, transactions, or accounts that have been inactive for a long period.
Article Six – Electronic Communications and Official Communication Channels:
The service provider agrees to be contacted by email or through general messages broadcast by Tamsha management to all users or specific users when they access their accounts inside Tamsha. The service provider also agrees that all agreements, announcements, statements, and other communications provided electronically are equivalent to their written counterparts and constitute independent evidence for meeting legal requirements.
During the period in which your activity is added to the website, Tamsha will send promotional emails to inform you of any changes, procedures, or new advertising activities that may be added to Tamsha.
Article Seven – Amendments to the Terms of Use and Fees:
You acknowledge and agree that Tamsha may inform you of any amendment to this agreement, under which your obligations may increase or your rights may decrease according to any amendments made to these terms of use.
You agree that Tamsha has absolute authority, without bearing legal responsibility, to make any fundamental or secondary amendments to this agreement. Users will be notified of such amendment by any technical means made available, including email, a general message to all users, or WhatsApp. Tamsha provides technical means to show the business activity’s acceptance of such amendment, and such acceptance shall be legally valid, clear, and binding on the business activity regarding the agreement and its amendments.
If you object to any amendment to the terms of use, this may prevent access to the business activity account. To benefit from Tamsha’s services, you must agree to this agreement and any amendments to it. Therefore, if you do not accept the amendment, Tamsha asks you to stop using its services. Merely accessing your Tamsha account or using Tamsha is deemed acceptance of the amendments and full, complete, and clear consent. Tamsha is pleased to answer your inquiries regarding this agreement and receive any suggestions from the service provider.
All fees are calculated in Saudi Riyals. The service provider must pay all fees due on the website plus any other expenses added by Tamsha, using the approved, specified, and available payment methods through Tamsha.
Not all Tamsha packages and offers are free for service providers and business activities, as some packages and offers are subject to varying fees.
Tamsha may impose fees on service providers depending on the offers or packages they join.
Tamsha reserves the right to add, increase, reduce, or deduct any fees or expenses under the rules and provisions of the terms of use for any users, regardless of the reason for their registration.
Article Eight – Payment and Settlement Services for Service Providers on Tamsha:
Tamsha provides, through its partners, a payment and settlement system on the website, which may be completed fully online through payment options available on Tamsha or through any payment method that Tamsha provides from time to time.
Tamsha may at any time and under any circumstances require payments to be made directly between the service provider and the consumer through their own bank accounts, in which case Tamsha has no relationship with such payment.
Tamsha’s provision of online payment through the platform is for facilitation and to preserve the rights of service providers.
The service provider must determine the price of the service offered in the business activity account according to the recognized market value. Tamsha has no connection whatsoever with poor estimation of the cost of products or services displayed in the business activity account on Tamsha, as estimating the price in the commercially recognized manner is an obligation borne by the merchant.
The service provider must provide invoices, receipt vouchers, and delivery vouchers for all amounts and profits generated in the business activity account, and must specify in all such invoices the type, quantities, descriptions, and value of the service. The service provider must provide the accounting specifications required in the business activity account on the website, in application of this agreement and in the legal, economic, and commercial interests of service providers. If the service provider violates this clause, they shall be responsible for any damages arising from such violation.
Tamsha has the right to prevent the completion of any payment process that violates the rules and provisions of the terms of use, or to cancel any purchase or sale order due to a technical error on the website that causes the prices displayed on the platform to differ from the market value of the product in a way that causes loss to Tamsha. Tamsha shall not bear responsibility for such amounts. Tamsha management has the right to cancel, amend, or change any payment methods made available on Tamsha.
Article Nine – Your Personal Information and Transaction Details:
You agree to grant Tamsha an unlimited, worldwide, permanent, irrevocable, royalty-free, and licensed right to use personal or other information or materials that you have provided, supplied, or announced on the website through your joining it, through contact and registration forms, email messages, or any available communication channels on the website, for any interests Tamsha deems appropriate.
You are solely responsible for the information you submit or publish, and Tamsha’s role is limited to allowing you to display such information through Tamsha and its advertising channels.
The confidentiality of business activities’ and service providers’ information is subject to Tamsha’s “Privacy and Confidentiality Policy.”
Article Ten – Service Provider’s Undertaking to Comply with the Laws and Regulations of the Kingdom of Saudi Arabia:
The service provider undertakes to comply with all laws and regulations applicable in the Kingdom of Saudi Arabia regarding their services and while using Tamsha, and with the laws, terms, and conditions regulating the use of the internet, the terms of use, and Tamsha’s privacy and confidentiality policy.
If any service provider violates the first clause of Article Ten, they acknowledge Tamsha’s right to take any of the following measures, by way of example and not limitation: warning, suspension of service, closure of the business activity account, and refunding any pending electronic-payment amounts to consumers.
Article Eleven – Rights:
All content available on Tamsha, whether electronic or otherwise, written or unwritten, including but not limited to written and unwritten texts, graphic designs, technical ideas, logos, offers, button icons, symbols, audio clips, compiled data, and electronic programs, is the property of Tamsha and its rights are reserved for Tamsha. No person may use it in any form, whether directly, indirectly, or through a third party.
Tamsha management notes that it will take the necessary action regarding any infringement or violation of any of Tamsha’s rights or intellectual property.
Tamsha bears no responsibility in the event of infringement of intellectual property rights owned by service providers who are members of the website or business activity accounts registered with it.
Article Twelve – Intellectual Property:
Tamsha management respects the intellectual property rights of service providers that they have created through business activity accounts, whether owned before or after adding the business activity to the website.
The service provider respects Tamsha’s intellectual property rights, including Tamsha itself and the words, logos, and other symbols belonging to or displayed on Tamsha. Tamsha and every right related to Tamsha are protected by intellectual property rights and trademark laws and are the exclusive property of Tamsha. They may not be infringed or used under any circumstances without authorization from Tamsha management.
Article Thirteen – Consumer:
Out of Tamsha’s concern for consumer rights and to achieve one of its main objectives of providing high-quality service to all parties, Tamsha clarifies the following:
When completing purchases, the consumer provides Tamsha with information including, but not limited to: name, email, and phone number.
Tamsha’s technical systems retain consumer data to facilitate their access to the website and completion of the purchases they wish to make.
If a consumer purchases a service through any payment method available on Tamsha and does not receive the service, or receives something different from the specifications stated on the store page, the consumer has the right to notify the platform, and the platform has the right to take whatever action it deems appropriate regarding the business activity that violated the rules of this agreement. Tamsha is not legally or Sharia-responsible for this breach by the service provider toward the consumer, as it is not a party to the relationship between the consumer and the service provider, but may act to improve the quality of Tamsha and the service providers available on the website.
The consumer may review their purchases before receipt to ensure they are sound and conform to what was purchased, as the platform is not responsible for the relationship between the consumer and the merchant.
The consumer acknowledges clearly and without ignorance that they browse the business activity account voluntarily and purchase from Tamsha at their own responsibility.
The consumer understands and acknowledges that the business activity has a legal personality separate from Tamsha, as all business activities registered on Tamsha have their own commercial registration or freelance document for the e-commerce or tourism-guiding practitioner.
Tamsha is not obligated under this article and clause to take any reaction to a consumer complaint. Tamsha’s response to a consumer complaint is subject solely to Tamsha’s discretion and what it deems appropriate under this agreement, in a manner that preserves its interests and commercial and economic reputation. In all cases, Tamsha may take some measures against business activities that deliberately deceive, mislead, or defraud consumers.
Such measures may include freezing the business activity account, warning the business activity not to repeat the matter, or requiring it to compensate the consumer, based on Tamsha’s desire to preserve and protect the rights of all users registered with it.
Article Fourteen – Tamsha’s Liability Toward the Consumer and Merchant:
Tamsha is not responsible in any way for unsatisfactory or delayed performance by business activities, electronic payment gateways, banks, or consumers’ failure to pay, nor for any losses, failures, or delays caused by the quality or lack of quality of the service provided by the business activity.
Tamsha does not bear any claims arising from errors or negligence, whether directly, indirectly, incidentally, or through a third party.
Tamsha does not bear any claims or liabilities arising from financial losses, reputation damage, defamation, or any damages resulting from misuse, abuse, or inability to use Tamsha. Tamsha bears no liability or claims in such cases.
Tamsha, its officials, affiliates, or owners are not responsible for any claim, dispute, costs, damages, liability, or direct or indirect loss to any party arising from an act committed by a website user.
Tamsha, its affiliates, owners, and representatives have no responsibility for any lawful, legitimate, and permitted service under Saudi laws and regulations that is used for unlawful or illegal purposes. No person or entity may bring any claim, demand, or compensation request against Tamsha regarding such misuse, as all services provided on Tamsha are provided through service providers and business activities.
Tamsha, its affiliates, owners, and representatives have no relationship with any unlawful or illegal activity carried out by a service provider or business activity account listed on Tamsha, or any activity that violates the applicable regulations and instructions in the Kingdom of Saudi Arabia. Tamsha’s responsibility is limited to providing sales-management and marketing tools, as mentioned in Article Three, represented by adding the business activity to Tamsha and related electronic and marketing support services.
Tamsha management informs all service providers that if it notices any suspicious activities being planned, committed, or already committed on Tamsha, it will report such activities to the competent authorities. It is not responsible in any way for violations committed without its knowledge or notice.
Article Fifteen – Confidentiality of Information:
Tamsha informs you that the internet is not a secure medium, and confidentiality of personal information cannot be guaranteed 100% online.
Tamsha applies high-quality physical, organizational, and technical standards to protect users and consumers, prevent unauthorized access to users’ personal information or business activity accounts, and preserve such information.
Tamsha has no control over the actions of any third party, such as other web pages linked to the website or third parties claiming to represent you or others.
You acknowledge and agree that Tamsha may use the information you provided to deliver services to you on Tamsha and to send you marketing messages. Tamsha’s privacy policy governs the collection, processing, use, and transfer of your personal identity information, and confidentiality rules are subject to Tamsha’s “Privacy and Confidentiality Policy – link to be inserted.”
Article Sixteen – Replacement and Refund Policy:
The business activity account may use Tamsha for 90 days free of charge. After the trial period ends, a one-time administrative fee of SAR 499 is imposed. The administrative fee may be refunded within 48 hours after payment confirmation, and the amount cannot be refunded for any reason after 48 hours.
A subscription to the “Recommended List” service may be cancelled and its subscription fees refunded within 48 hours after subscription confirmation.
A subscription to the “Recommendation in Tamsha Schedules” service may be cancelled and its subscription fees refunded within 48 hours after subscription confirmation.
A subscription to the “Marketing via WhatsApp or Email” service may be cancelled and its subscription fees refunded within 24 hours after subscription confirmation.
Bank-transfer fees will be deducted according to the fees imposed by the bank, in addition to fees imposed by Tamsha and any other fees imposed to complete the process.
Funds will be transferred to your bank account registered with Tamsha every 7 days. As for the consumer, Tamsha has no relationship with any refund or replacement policy between the consumer and the service provider.
Article Seventeen – Cancellation of Consumer Accounts or Business Activity Accounts:
Under the terms of use and the applicable laws and regulations of the Kingdom of Saudi Arabia, Tamsha may temporarily or permanently suspend the business activity, withdraw or cancel the business activity account or consumer accounts, or restrict the service provider’s access to Tamsha services in the following cases:
Violation of the rules and provisions of the terms of use.
Verbal or written abuse, assault, or threats by any means, directly or indirectly, whether issued by the service provider, their business activity affiliates, or any consumers, against Tamsha or any of its partners, affiliates, or representatives.
If Tamsha cannot verify any of the user information provided to it.
If Tamsha determines that the user’s activities violate the law or may cause other users or Tamsha legal problems or violations.
Tamsha may, at its discretion, restore suspended users’ activity. A user whose activity has been permanently suspended or whose account has been cancelled may not be able to register, restore their account on Tamsha, or use the website in any way under any circumstances until Tamsha management allows restoration of activity. Nevertheless, if the user violates these terms of use, Tamsha reserves the right to recover or claim any amounts owed to Tamsha by the user and any losses or damages caused by the service provider to Tamsha. Tamsha also has the right to take legal action or resort to the judicial authorities in the Kingdom of Saudi Arabia against the user as it deems appropriate.
Tamsha does not waive its right to take appropriate measures regarding any violation of the rules and provisions of the terms of use or similar violations. Tamsha is not obligated to take any action against any violation of the terms of use; this matter is subject to the discretion of Tamsha management and its legal department.
Article Eighteen – Account Closure Request:
The service provider has the right to submit a request to close their account registered in Tamsha’s database. When submitting the request, they must provide certain documents, including but not limited to: a closure request signed by the legal representative of the store and authenticated by the official authorities.
Tamsha reserves the right to accept or reject the closure request and to claim any financial rights or dues owed by the service provider.
Without violating the provisions of Article Sixteen of this agreement, if the service provider submits a request to close their account, they will not be eligible to recover any amounts for any active subscriptions.
Article Nineteen – Payment, Sale, and Purchase Transactions:
The service provider must manage their account properly in a way that preserves the consumer’s rights and does not create a dispute between them and the consumer.
The service provider must manage payment, sale, and purchase transactions made through their account via the payment methods specified in this agreement.
Tamsha has the right to reject, cancel, or suspend purchase transactions whether payment has been made or not.
Tamsha notes that it has no relationship with any dispute that may arise between the consumer and the service provider, and no relationship with any default by the consumer toward the service provider, whether failure to pay or otherwise.
The service provider agrees and acknowledges that they will not carry out unreal or manipulative purchase transactions on Tamsha, will not use a false name or false personal information, and will not use a credit card that does not belong to them without authorization. Tamsha has the right to take appropriate legal measures against anyone who carries out fraudulent transactions of this kind.
All service providers and accounts acknowledge full and clear knowledge that Tamsha’s transfer of funds related to their business activities inside Tamsha is subject to the authority and powers of the Central Bank of Saudi Arabia. Accordingly, Tamsha informs all service providers and accounts that some fund transfers may be delayed due to restrictions imposed by the Central Bank, the Ministry of Commerce and Investment, and e-commerce regulations on electronic sale and purchase transactions.
Tamsha reserves the right to impose any fees on the service provider or accounts as a result of their transactions inside Tamsha. Such fees may include, by way of example and not limitation: government fees, bank fees, administrative fees, or any other fees that Tamsha is required to pay due to the activity of the service provider or account.
Article Twenty – Prohibited Content and Products:
As a service provider on Tamsha, you undertake not to permit advertising or publication through your business activity account of any content that violates the privacy and confidentiality policy, the rules and provisions of this agreement, or the applicable laws in the Kingdom of Saudi Arabia.
Tamsha strictly prohibits the sale of the following products and services, including but not limited to: any product/service involving gambling, mystery boxes or random products, any product/service that may cause physical or psychological harm in any form, pirated content or subscriptions and anything that violates intellectual property and publishing rights, and any sexual or pornographic product/service or anything that calls for it.
Article Twenty-One – Saudi Anti-Cyber Crime Law:
The service provider and users must not violate any provisions of the Saudi Anti-Cyber Crime Law. If they violate its provisions, this is subject to their sole responsibility and management, and Tamsha bears no responsibility for the service provider’s violation of applicable regulations. The service provider is fully responsible for their account and dealings with consumers. Tamsha always has the right to take whatever action it deems appropriate against any service provider who violates the Saudi Anti-Cyber Crime Law, whether by reporting to official authorities, closing the online store, or cancelling the service provider’s membership with Tamsha.
Article Twenty-Two – Restricting Access or Membership:
Without prejudice to other rights of service providers, Tamsha may suspend or cancel the business activity account or restrict the service provider’s access to Tamsha services at any time, without notice, for any reason and without limitation.
Article Twenty-Three – Warranty:
Tamsha does not guarantee that the services provided by the service provider are free from defects. They are warranted by the service provider and their business activity only if the warranty and its duration are stated in the product description. The service provider must maintain good quality in their business activity.
Article Twenty-Four – Service Provider’s Liability:
The service provider agrees to bear responsibility and protect Tamsha, its affiliates, owners, or subsidiaries from any harm that may befall Tamsha due to the service provider’s violations. The service provider also undertakes to remove or prevent any harm that may befall Tamsha, its affiliates, or any of them due to claims, losses, failures, costs, expenses, or fees resulting from the service provider’s misuse or the user’s misuse, resulting in a breach of the terms of use, the applicable laws and regulations of the Kingdom of Saudi Arabia, infringement of the rights of a merchant or third party, or a complaint from a user or third party.
Article Twenty-Five – Relationship and Notices Between Tamsha and the Service Provider:
None of the rules and provisions of these terms of use indicate the existence of a partnership between any service provider and Tamsha. Tamsha does not allow any service provider, under any circumstances, to directly or indirectly indicate or imply the existence of any relationship of any kind, whether direct or indirect, between them as a service provider and Tamsha or its management. Any notices that the service provider wishes to send to Tamsha must be sent via WhatsApp, and Tamsha will respond to the electronic message. As a service provider, you agree that any notices sent to you by Tamsha will be delivered through the WhatsApp number you provided to Tamsha during registration.
Article Twenty-Six – Applicable Law and Legislation:
These terms of use are governed and drafted according to the laws, regulations, and legislation applicable and in force in the Kingdom of Saudi Arabia, and are fully and completely subject to the legislation applied by the authorities in the Kingdom of Saudi Arabia.
Article Twenty-Seven – Rules the Service Provider Must Follow When Dealing with the Consumer:
The service provider must deal with the consumer with honesty, trustworthiness, and integrity.
The service provider must deal with the consumer with good morals.
Article Twenty-Eight – Printed and Electronic Advertising Publications and Offers of Tamsha:
The rules and provisions of these terms of use apply to all printed and electronic advertising publications across various publishing platforms and social media channels.
Publications are subject to change, and Tamsha is not bound with respect to fixed service, package, or offer prices. Price changes are subject to changes affecting Tamsha or its service providers.
Any offers made by Tamsha are temporary offers and are determined for a specific period. Tamsha is not obligated to extend the period or continue during the specified period, as it has the right to limit or determine any user’s entitlement to the offer or cancel the offer at any time.
Article Thirty – Technical Support:
Under the rules and provisions of these terms of use, Tamsha provides certain technical-support services to the service provider according to the privileges of the package subscribed to by the service provider, including by way of example:
A free dashboard for the service provider, which includes certain free services.
If the service provider wishes to add certain services, different services, or multiple services, this is subject to Tamsha’s package and offer policy, which often involves financial fees.
Tamsha gives the service provider the right to contact Tamsha’s technical-support team to assist the service provider’s work through the website and resolve electronic technical issues that may arise for the service provider.
Article Thirty-One – Dispute Resolution:
Under the rules and provisions of these terms of use, if a dispute arises, it shall be resolved through reconciliation, negotiation, or amicable settlement. If the dispute continues, it shall be resolved by the competent authorities in the Kingdom of Saudi Arabia.
Article Thirty-Two – Policy for Receiving Consumer Complaints and Settling Disputes Between the Consumer and the Service Provider:
Tamsha asks you, in the event of a complaint against a consumer or a service provider, to follow the following steps:
Step One: Submit a complaint through the designated link on Tamsha, provided that the complaint includes the complaint text, supporting documents, and the name of the violating service provider. Tamsha will then refer the complaint to the relevant service provider for resolution.
Step Two: The consumer has the right to take whatever action they deem appropriate after reviewing the content of the service provider’s response to the complaint. If the consumer is not satisfied with the service provider’s response, they have the right to request a copy of the service provider’s legal identity to take appropriate action against the service provider.
Article Thirty-Three – General Provisions:
If any article or clause in these terms of use is cancelled or becomes unenforceable, this shall not invalidate the remaining articles, clauses, rules, and provisions of the terms of use, which shall remain effective until further notice from Tamsha management.
These terms of use, as amended from time to time as circumstances require, constitute the working mechanism, understanding, agreement, and contract between the service provider, their account, and Tamsha only. The service provider must comply with the provisions of this agreement and agrees and acknowledges the following:
These terms of use apply to all users of Tamsha and regulate the relationship and contract between the service provider and Tamsha only, regardless of any legal form, legal entity, institutional, commercial, or charitable structure adopted by the service provider. As for the relationship between the service provider and the consumer, it is subject to an independent legal relationship with its own rules between them.
A service provider who joins Tamsha through “Success Partners – link to be inserted” thereby grants the success partner through whom they registered the right to view the merchant’s and store’s information.
No person, except Tamsha management or the judicial authorities in the Kingdom of Saudi Arabia, has the right to impose any articles, clauses, or amendments on Tamsha’s terms of use.
If the terms of use are translated into any other language, whether on Tamsha or otherwise, the Arabic text of the terms of use remains the original for all dealings. If these terms of use are amended, all service providers and users will be notified. Their continued use of the website shall be deemed acceptance of any amendments to this agreement. These terms of use may not be cancelled or amended except by a decision issued by Tamsha management.