Contract agreement

Contract Agreement Between mkayn and The Sellers

This agreement specifies the terms and conditions for the merchant, the company mkayn Store for Trading (mkayn) with a commercial registration number (4030479581), to sell its products and services through the mkayn platform. According to the e-commerce system and its executive regulations, especially article 2/7, clicking the "Agree" button means your agreement to the contract and its terms and conditions. mkayn reserves the right to review and accept or reject your request on its platform. This agreement is effective from the date of the merchant's acceptance (the effective date date).

Firstly : Terminology

The following terms appear in this agreement:

  • Account: means the electronic wallet account that mkayn holds for the merchant.

  • Trademark features: refer to the names, trademarks, service marks, logos, domain names, and other distinctive trademark features owned (or licensed) by either party, whether collectively or separately.
  • Business day: means any day other than Friday, Saturday, or official holidays in the Kingdom of Saudi Arabia.
  • Customer: means the person or entity that has an account on mkayn for the purpose of purchasing from the mkayn platform.
  • Disputes: mean any disputes, claims, or negotiations between customers or others arising from the use of the service.
  • Intellectual property rights: mean all patent rights, copyright, typographic rights, software rights, moral rights, trademarks, service advertisements, logos, rights related to databases, confidentiality or trade secrets, and any other property rights (registered or unregistered) worldwide, including all resulting compensations. It also includes the right to file a claim for any violation of the aforementioned rights and compensation for any resulting damages, whether collectively or separately.
  • Force Majeure and Emergencies: Neither party shall be responsible or liable for any failure or delay in the performance of agreed-upon obligations, directly or indirectly resulting from force majeure or unforeseen and uncontrollable circumstances beyond their control, including, but not limited to, strikes, epidemics, work stoppages, accidents, acts of war, terrorism, civil and military disorders, disasters in their various forms, interruptions, or loss of public utility services, communications, and/or computer (software and hardware) facilities. It is understood that the parties must make reasonable efforts in accordance with accepted practices in the field to resume performance as soon as possible under these circumstances. The affected party may send a notice to the other party to suspend the contract for a sufficient period. The party affected by force majeure may then give notice to the other party of its termination or amendment, settlement of accounts, and return of the parties to their pre-contractual state if possible, or the relief of the burdens and losses of the parties to the extent possible.
  • Merchant: A person or entity with a commercial registration and permission to sell food service equipment, using the mkayn platform to sell their equipment and services and receive purchase amounts from transactions made through mkayn.
  • Free seller: Any person or entity that does not have a commercial registration to sell food service equipment and may have a registration for another activity but sells their own equipment or on behalf of their establishment and uses the mkayn platform for this purpose.
  • Merchant website (merchant store): The merchant's pages displaying their products under their name, and payment can be made through the mkayn platform.
  • Product: Any item, merchandise, or service that a customer can purchase from a merchant or free seller using the mkayn service.
  • Purchase amount: An amount equal to the price of a product or service, including any relevant fees, taxes, shipping fees, or administrative fees as appropriate.
  • Refund amount: The amount that will be refunded to the customer according to mkayn's return/cancellation policy.
  • Service: Refers to the technology provided by mkayn to assist merchants, free sellers, and customers in selling, displaying, returning, and paying for products, as outlined in this agreement, and includes processing transactions between merchants and customers related to purchasing products.
  • Service disputes: Any disputes, complaints, claims, or negotiations that arise solely from mkayn's alleged failure to fulfill its obligations under this agreement or any applicable law and any errors related to providing the service.
  • Service fee: The fees charged by mkayn for the service.
  • Settlement account: The bank account of the merchant registered in a bank located within the Kingdom of Saudi Arabia and designated by the merchant and notified to mkayn, which is pre-approved by mkayn for receiving funds.
  • mkayn: "We" or "Us" refers to mkayn Store Trading Company, registered under commercial registration number 4030479581 in Jeddah, Kingdom of Saudi Arabia.
  • Transaction: The process by which mkayn transfers the product price, minus mkayn's commission, to the merchant's account.

Secondly: Services

mkayn is a specialized intermediary platform for food service equipment, accessories, and related equipment. It showcases a range of products and services offered by merchants and free sellers that enable customers to shop and pay for the supplied products and services. This agreement outlines the terms under which mkayn allows you to accept and use its services.

  • mkayn provides and continues to provide the service to them on the condition that both parties comply with all due diligence procedures and identity verification processes that mkayn may conduct. Also, they must comply with mkayn's regulatory requirements related to anti-money laundering, systems, and legislation in effect.
  • The merchant and free seller acknowledge and agree that sales of products and services are transactions between the merchant or free seller and the customer and not mkayn.
  • mkayn is not responsible for the quality, safety, or legality of the products and services provided or for any representations made regarding them. However, mkayn has the right to resolve any disputes with customers according to its announced policies, including return and refund policies, cancellation policies, terms of use, and privacy policy. mkayn may deduct from the merchant's or free seller's payments (if any) to resolve disputes.
  • When a customer makes a purchase, mkayn will act as an intermediary to complete the transaction between the merchant/free seller and the customer through the appropriate payment processing network. mkayn will transfer all funds related to the transaction, minus mkayn's commission, to the merchant's registered account after 14 days of order delivery or service completion. For free sellers, mkayn will transfer funds after 30 days of order delivery or service completion.
  • The merchant must display products and services on the mkayn platform at the same or lower prices and with the same specifications as those used on their own stores, websites, mobile applications, or for others.
  • mkayn may establish general practices and limits related to the use of the service without prior notice to the merchant, including, but not limited to, selling products and services on the platform and banning merchants who do not comply with the terms of this agreement.
  • The merchant/free seller is not authorized to use the service in any way for illegal or prohibited purposes. In case of any prohibited or suspicious use - as determined by mkayn management - mkayn may suspend or terminate the contract with the merchant or free seller and hold them liable for any damages incurred.
  • The merchant/free seller agrees to comply with all policies and restrictions related to the use of the service for merchants, as detailed and updated by mkayn from time to time. These policies may include:
  • mkayn's terms of use policy
  • mkayn's refund and return policy
  • mkayn's privacy policy

And any new policy that may be announced later. In such cases, merchants will be notified of any policy updates or new releases through their registered email.

  • mkayn may change or suspend the service entirely or partially as needed for maintenance or updates to the service or when mkayn has any concerns about how the merchant is using the service.
  • If the merchant/free seller refuses to complete a sale for any reason, for example, due to the unavailability of the product or service, mkayn has the right to deduct from the merchant's account the refund fees to the customer, which are the bank fees for returning the transfer to the customer. The merchant agrees and acknowledges that if there are insufficient funds in their account, mkayn may collect the merchant's debts on its behalf by deducting from their account after a subsequent transaction or by any other means not prohibited by law.

Third: Registration in the service and disputes

  • The merchant/free seller agrees to provide up-to-date, accurate, and complete registration and settlement account information and to update this information to maintain its freshness and accuracy.
  • mkayn may require the merchant/free seller to provide additional information from time to time as a condition for continued use of the service or to assist mkayn in determining whether to allow the merchant to continue to use the service.
  • In the event that mkayn updates its technical policy or registration policy from time to time, the merchant/free seller agrees to implement these updates or changes as soon as possible, but no later than thirty (30) days from the date of receipt of the update notice.
  • mkayn is responsible for investigating any disputes that arise between the merchant/free seller and the customer regarding the sale, and the merchant/free seller must provide mkayn with any data it requests. To avoid service disputes, the merchant/free seller agrees to respond to any inquiries and claims from mkayn or the customer and resolve them with mkayn

Fourth: protect the brand

According to the terms and conditions of this agreement, the merchant grants mkayn and its affiliated entities a limited and non-exclusive license during the term of this agreement to display the trademark features of the merchant and use them in connection with the service or for advertising and marketing purposes that serve both the merchant and the platform, or to fulfill its obligations under the agreement. 

Fifth: Service commission and payment terms

  • The parties agree that the merchant shall pay a service commission of no less than 10% of the value of the goods displayed for the benefit of the mkayn platform, and it is not refundable under any circumstances. mkayn is entitled to increase this percentage after notifying the merchant and before applying it by 30 days.
  • The parties agree that the free seller shall pay a service commission of no less than 20% of the value of the goods displayed for the benefit of the mkayn platform, and it is not refundable under any circumstances. mkayn is entitled to increase this percentage after notifying the free seller and before applying it by 30 days.
  • All parties agree to notify the other party of any changes that occur in payment and service data through the registered contact methods for each party's account.
  • To facilitate a fast settlement process, the parties agree that mkayn will deduct the service commission automatically and immediately from each transaction, so that the merchant receives an amount equal to the payment request, with the service commission and any applicable tax deducted from it.

Sixth: confidentiality, data protection and intellectual property rights

"Each of the merchant and the free seller undertakes not to disclose or cause to disclose any confidential information or information owned by mkayn, and acknowledges the full intellectual property rights for the benefit of mkayn related to all content contained in the platform that falls under our private ownership or the ownership of our authorized parties, including, but not limited to, texts, graphics, audio clips, photographs, logos, digital and software downloads."

Seventh: Suspension, termination or cancellation

  • Without prejudice to any of the rights or compensation, and without any liability towards the merchant, mkayn has the right to limit, suspend, or withdraw the merchant's or free seller's access or use of the services, cancel any product orders, and/or delete content provided by the merchant according to our own discretion, and any due amounts will be frozen until the website's dues or any compensation related to the suspension or cancellation are deducted.
  • The merchant or free seller has the right to suspend the sale of any of the products displayed on mkayn at any time after notifying us.
  • This agreement begins on the effective date and continues until terminated in accordance with the provisions of this agreement.
  • Either party may terminate this agreement by written notice prior to termination at least 30 days from the termination date.