TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THEY INCLUDE IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, PARTICULARLY IN RELATION TO OUR POLICIES RELATING TO THE TERMS OF SALE AND OUR PRIVACY POLICY. BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS.

PART I: TERMS OF USE

1.     Contractual Relationship

1.1          These “Terms of Use”, “Terms of Sale” and “Privacy Policy” and any other rules posted by us (collectively, the “Terms”) govern any person (“User”, “you”) who accesses or uses the Cocolime mobile application and website (the “Application”), content, products, and/or services (collectively, the “Services”) made available by Cocolime which is a trade name and trademark duly registered and owned by Care and More LLC, company duly organized in the Kingdom of Saudi Arabia, under Unified National number 7050765077 and having its principle place of business at Al Waseel Tower 2, Building No. 6676, 6th Floor, Al-Olaya Street, Al-Olaya District, Riyadh, Kingdom of Saudi Arabia (“Cocolime”, “us”, “we”, “our” and any iteration thereof).

1.2          The Services are provided to you for your personal use subject to these Terms (as may be amended from time to time). For the avoidance of any doubt, any reference to the “Terms” should be understood as a reference to each and all of the “Terms of Use”, “Terms of Sale” and “Privacy Policy” and any other rules, policies, supplemental terms or conditions posted by us on the Services, and as amended from to time.

1.3           Your access and use of the Services constitutes your agreement to be bound by these Terms (as may be amended from time to time), which establishes a contractual relationship between you and Cocolime If you do not agree to these Terms, you may not access or use the Services as your continued use of the Services shall signify your acceptance to be bound by these Terms. These Terms expressly supersede prior agreements, understanding or arrangements with you and we may, at our discretion and without prior notice, immediately terminate these Terms or any Services, or generally cease offering or deny you access to the Services or any portion thereof, at any time for any reason.

1.4          Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services.

1.5          Supplemental terms are in addition to, and shall be deemed an integral part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over the provisions set out herein in the body of these Terms in the event of an express and direct conflict between the provisions herein and any supplemental terms and the supplemental terms shall prevail on the conflicted point with respect to the applicable Services.

1.6          Cocolime may, at its sole discretion, amend the Terms from time to time. Amendments will be immediately effective upon Cocolime’s posting of such updated Terms at this location or of the amended policies or supplemental terms on the applicable Service. Your continued access to, or use of, the Services after such posting constitutes your unconditional consent to be bound by the updated Terms.

1.7          Cocolime collection and use of personal information in connection with the Services is as provided in Cocolime’s Privacy Policy located at Cocolime Application which is hereby incorporated by reference and forms an indivisible part of these Terms. For the avoidance of any doubt, your acceptance of these Terms constitutes your acceptance of the Privacy Policy.

2.     Intellectual Property

2.1          We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Application, for the sole purpose of enabling you to access and use our Services, as provided by us in the manner permitted by the Terms. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us, at our sole discretion, in writing in advance. Any breach of these Terms shall result in the immediate revocation of the license granted under this paragraph without notice to you, and without prejudice to any of our other contractual and/or legal rights including the right to seek compensation, remedies, and/or injunctive relief.

2.2          All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Application, other intellectual property and material, rights in and relating to the Application including the source code, object code, software and other code contained in the Application, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips including all derivatives, modifications, and enhancements thereof (collectively, the “IP”) are and shall at all times remain the property of Care and More LLC and/or are the property of their respective owners, and are protected by the Kingdom of Saudi Arabia and international trademark, copyright, and any other applicable laws.

2.3          You may access, view, download, and print the IP and all other materials which are displayed on the face of our Application (excluding any source code, object code, software and other code or underlying information or data contained in the Application) for your personal, non-commercial use only as expressly authorized by Cocolime provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You do not, in any way whatsoever, acquire any copyright, trademark or other proprietary rights whatsoever in the IP and nothing in the Terms shall be construed as granting you any such rights. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Application or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Application. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.

2.4          Care and More LLC is the exclusive owner of the IP (as appropriate) and the IP is exclusively licensed to the domain name Cocolime.

3.     Third-Party Content and Third-Party Sites

3.1          Cocolime may, publish, provide, or display (a) content originating from third parties including without limitation (i) information, materials, listings and advertisements provided by suppliers or other commercial partners and published by us on their behalf, and (ii) comments, reviews, or other materials submitted or published by third-party users on the Services (the "Third Party Content") or (b) links or references to third party websites, applications or resources (the “Third Party Sites”) for informational purposes only. Cocolime does not monitor, approve, endorse, or have any control over any Third Party Content or the Third Party Sites and their inclusion does not imply any endorsement by us or association or relationship between us and such third party. Cocolime does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Cocolime makes no representations or warranties regarding the accuracy, completeness, or reliability of any Third-Party Content or Third-Party Sites, and is not responsible for verifying, amending, updating or reviewing Third Party Content or Third Party Sites. Your access, use and reliance on any Third Party Content and/or Third Party Sites is made entirely at your own risk. Third Party Content and Third Party Sites, do not necessarily reflect the views of Cocolime.

3.2          In light of the above, you acknowledge and agree that we are not and will not be held liable for any reason whatsoever in respect of Third Party Content and/or Third Party Sites including without limitation for the provision of external sources, their content, commercial advertising, products, services or any other information or data available within the Services or from such external sources.

4.     Registering for a personal account

4.1          In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (the “Account”). To obtain an Account, you must not be under the age of legal majority as per the laws of the Kingdom of Saudi Arabia.

4.2          Account registration and subsequent maintenance and use of your Account requires you to submit to Cocolime certain personal information, such as, by way of indication only, your name (first and last name), address, contact details (including email address and mobile/phone number(s)), sex, log-in information (including username and password), payment information and any other information that we may require from time to time (including following the initial registration process) (the “Account Information”). Any Account Information that you provide us during the registration process or thereafter will be stored in accordance with our Privacy Policy and may be automatically pre-filled and/or not need to be re-entered (as the case may be) to facilitate future orders or use of the Services.

4.3          You agree to maintain accurate, complete, and up-to-date the Account Information. Your failure to maintain accurate, complete, and up-to-date the Account Information, including having an invalid or expired payment method on file, may, at our discretion and without prior notice, result in suspension or denial of access to the Services (in whole or in part), or in Cocolime’s immediate termination of these Terms.

4.4          As a user of the Services (including in particular the Application), you are solely responsible for keeping passwords and other account identifiers (including account recovery information) safe and secure. You are wholly responsible for all activity that occurs under your Account and for all consequences arising, directly or indirectly, from the use of your Account, and you agree to maintain the security and secrecy of your Account’s log-in information (including username, password and any account recovery information) at all times. You must notify us immediately of any unauthorized use of your password or Account. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Clause. You may be liable for any losses suffered by us or by third parties arising from such unauthorized use of your Account.

4.5          Unless otherwise permitted in advance by us in writing, you may only possess one Account.

4.6          Subject to the provisions of Clause 4.5, you must not create multiple Accounts or use fake or misleading identities or Account Information. We reserve the right, at our sole discretion and without prior notice, to suspend, deny access to, ban, restrict, or terminate, the Account, or to immediately terminate these Terms, if the Account is linked to misuse, abuse, or fraudulent activity. In the event of such ban or termination of your Account or these Terms, you shall forfeit and irrevocably waive any benefits, rewards, credits, or other entitlements associated with the Account, without prejudice to our other rights and remedies under these Terms and/or applicable law.

5.     User Provided Content

5.1          Cocolime may, at its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cocolime through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (collectively the “User Content”).

5.2          Any User Content provided by you remains your property. However, by providing User Content to Cocolime you grant Cocolime a worldwide, perpetual, irrevocable, transferrable, royalty-free license to the User Content, with the right for Cocolime to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner (including commercially) such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cocolime’s business on Cocolime‘s own platforms and/or on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

5.3          You represent and warrant that:

(i)     you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to use the User Content and grant Cocolime the license to the User Content as set forth above; and

(ii)   neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cocolime’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.4          You agree to not provide User Content that is illegal or defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cocolime in its absolute and sole discretion, whether or not such material may be protected by law. Cocolime may, but shall not be obligated to, review, monitor, or remove User Content, at Cocolime’s sole discretion and at any time and for any reason, without notice to you.

6.     Availability of the Application

6.1          You acknowledge and agree that:

(i)     it is technically not possible to provide the Application entirely free of defects, and Cocolime cannot accept responsibility for such defects and/or any other technical imperfections;

(ii)   such defects may result in the temporary interruption, limited availability or unavailability of the Application; and

(iii)  the operation of the Application may be adversely affected by conditions and factors outside the control of Cocolime, including, for example, transmission and telecommunication links between you and Cocolime, or between Cocolime and other systems and networks or by the configuration or technical specifications of your device(s).

6.2          While Cocolime has used commercially reasonable efforts to display the colors, shapes, textures, images and overall appearance of products accurately, the actual look, packaging and presentation (colors, shapes and/or textures) you see may differ from the real product. Such variations may result from a range of technical factors, including your device, screen, and settings, as well as from photography lighting conditions, resolution quality, or other photographic and display enhancements and/or limitations or manufacturing changes, packaging updates or supplier modifications and therefore may differ from the actual product. The photos and visuals displayed on the Application are provided for illustrative and reference purposes only and do not constitute a contractual representation of the products. For the avoidance of any doubt, you should always consider product descriptions (where available).

6.3          Cocolime may, at any time and without prior notice, temporarily or permanently modify, suspend, or interrupt all or part of the Application in order to perform maintenance, make improvements, or implement changes. Cocolime shall not be liable for any modification, suspension, interruption, discontinuation of the Application or any resulting loss or inconvenience.

7.     At-Will Availability of the Services

7.1          The Services, including the Application and all related features, functionalities, or content, are made available by Cocolime on an at-will basis. Cocolime reserves the right, at any time and in its sole discretion, and without prior notice or liability, to modify, suspend, restrict, withdraw, discontinue, or permanently or temporarily cease providing any or all of the Services (in whole or in part), including any features, content, or functionalities thereof.

7.2          You acknowledge and agree that Cocolime is under no obligation to maintain, support, update, or continue to provide access to the Services, or to any particular version or component of the Services. Nothing in these Terms, nor any continued access to or use of the Services by you, shall be construed as granting you any acquired right, vested interest, or legitimate expectation regarding the continued availability of the Services or any of their features.

7.3          Cocolime shall not be liable for any modification, suspension, restriction, discontinuation, or termination of the Services, or for any resulting loss, damage, or inconvenience. Your continued access to or use of the Services following any modification constitutes your acceptance of the Services as modified.

8.     Indemnification and Hold Harmless

8.1          You agree, at the request of Cocolime, to defend, indemnify, and hold harmless Cocolime and its parent, subsidiaries, and affiliates, together with their respective officers, directors, employees, agents, licensors, service providers, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of or in connection with:

(i)     your access to, use of, or inability to use the Application or Services;

(ii)   any breach or alleged breach by you of these Terms or of any applicable law, regulation, or third-party right;

(iii)  any actual or alleged infringement, misappropriation, or violation by you or through your Account of any intellectual property (including the IP), proprietary, privacy, or publicity right of any third party;

(iv)  any User Content or other material submitted, uploaded, transmitted, or made available by you, including any claim that such content is defamatory, offensive, unlawful, misleading, or otherwise causes damage or loss to any person including Cocolime;

(v)    any misuse of your Account, including any access or use of the Services by a third party under your credentials; or

(vi)  any negligent, fraudulent, or willful act or omission by you.

8.2          Cocolime reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with Cocolime in asserting any available defenses.

8.3          You shall not settle any claim or admit any liability on behalf of any of the Indemnified Parties without the prior written consent of Cocolime The obligations under this Clause shall survive the termination or expiration of these Terms and your use of the Application or the Services.

9.     Damages for Breach of Terms

9.1          Without prejudice to any other rights or remedies available to Cocolime under these Terms or applicable law, including the indemnification obligations set forth in Clause 9, you acknowledge and agree that any breach by you of these Terms, or of any representation, warranty, or obligation herein, may cause Cocolime to suffer substantial losses, harm, and damage, including loss of income, loss of business opportunities, and injury to reputation or goodwill.

9.2          Accordingly, you shall be liable to fully compensate Cocolime for all direct, indirect, consequential, special, punitive, or economic damages, losses, costs, and expenses (including, without limitation, loss of revenue, profit, anticipated savings, contracts, reputation, and goodwill, and reasonable legal fees and expenses) arising out of or in connection with any such breach, whether caused by your act, omission, negligence, or willful misconduct.

9.3          Cocolime shall be entitled, in its sole discretion, to seek and recover from you monetary damages, injunctive relief, or any other remedy it deems appropriate to protect its rights and interests. The rights and remedies of Cocolime under this Clause are cumulative and in addition to, and not in substitution for, any other rights or remedies available at law or in equity.

PART II: TERMS OF SALE

10.   Eligibility

10.1       Use of the Application and purchase of Products through the Application are strictly limited to individuals who can lawfully enter into and form contracts under the applicable laws of the Kingdom of Saudi Arabia. By using the Application, you represent and warrant that you (i) are at least eighteen (18) years old, (ii) have full legal capacity, and (iii) meet all eligibility requirements set out in these Terms and in all applicable laws and regulations.

10.2       In furtherance of Clause 10.1 above, some of the products offered through the Services may be intended for, or more appropriate to, adults and could be subject to age or other restrictions. You must comply with all applicable laws and regulations governing the purchase, possession, or use of such products. We will not be liable or responsible if you breach any such laws and regulations. By placing an order with us, you are confirming that you are of the appropriate legal age and are legally entitled, under applicable laws, regulations and these Terms, to make the desired purchase. If we discover that you are not legally entitled to order certain products, we will not be obliged to complete the order and reserve our right to cancel it in whole or in part at our discretion.

10.3       Cocolime reserves the right to refuse access to the Application, suspend or terminate any Account, or to cancel any orders placed through the Application where it believes that any of the eligibility requirements have not been or are no longer met.

10.4       In order to make purchases on the Application, in addition to the Account Information, you must provide a number of additional information as may be required by Cocolime from time to time. Such information includes your personal details, including your real first and last name, valid mobile telephone number, valid e-mail address, payment details, valid billing address and other requested information as indicated by Cocolime from time to time. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided and that you have the capacity and are duly authorized to make payments using the payment details provided on the Application and Services. You must hold a valid payment card issued by a financial institution or bank acceptable to Cocolime, and those who have authorized us to process a charge or charges on their payment card in the amount of the total purchase price for the product(s), including any taxes or delivery fee if applicable, which they purchase. You hereby expressly authorize us to charge the payment card inputted into the Application for purchases made through your Account.

10.5       Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. Any resale or commercial exploitation of Products constitutes a material breach of these Terms.

10.6       Cocolime reserves the right, in its sole discretion and without incurring any liability whatsoever, to impose thresholds or limits on the purchase of specific products and/or to restrict multiple quantities of an item being delivered to a single customer or delivery address including to prevent suspected bulk or unauthorized resale activity. Cocolime may, in its sole discretion, treat as a “bulk purchase” any combination of related or successive orders placed by the same customer, Account, payment method, or delivery address, whether made in a single transaction or through multiple separate purchases.

10.7       By making an offer to purchase products(s), you expressly authorize Cocolime to perform credit checks and to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties (including banks, payment networks, or credit-reference agencies) to authenticate your identity, validate your credit card, obtain an initial credit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

11.   Products and Orders

11.1       The products available on the Application or through the Services generally, including any samples that may be made available or provided to you by Cocolime, are for your personal, non-commercial, use only.

11.2       The products appearing for sale on the Application are offered subject to availability, acceptance and any limits imposed as to the quantities that can be purchased. If, for any reason following the placement of an order for product(s), we are unable to supply a particular product, we reserve the right to cancel your order in whole or in part, substitute equivalent products where applicable, or issue a refund, and will inform you as soon as reasonably practicable. Cocolime shall not be liable for any loss or inconvenience arising from such cancellation or substitution.

11.3       All orders are subject to review and acceptance by Cocolime. We reserve the right to refuse, suspend, or cancel any order for any reason, including inaccuracies, errors in product or pricing information, when we are unable to obtain authorization for payment, when delivery restrictions apply to a particular item, when the item ordered does not satisfy our quality control standards (when applicable) and is withdrawn, or when you do not meet the eligibility criteria set-out within the Terms or any other problem identified by us, or for any other reason, irregularity or concern identified by Cocolime. at its sole discretion.

11.4       Once your order has been placed, you will receive a notification through the Application acknowledging receipt of your order details. Please note that this notification does not constitute acceptance of your order; it is only confirmation that we have received it. Unless cancelled, acceptance of your order will take place only when we notify you that your order has been accepted. The contract between you and Cocolime will be deemed complete only upon the dispatch of the product(s) to you, at which point, you will receive a dispatch notification confirming shipment. Ownership of the product(s) shall transfer to you only upon delivery, subject to full payment having been received by Cocolime.

11.5       We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not, in any way, be liable to you or to any third party including with respect to loss, damage or inconvenience, by reason of (i) the withdrawal, suspension, or modification of any product or listing; (ii) the removal, screening, or editing of any materials or content on the Application; (iii) the refusal to process or fulfill any transaction; or (iv) the cancellation or reversal of any order, even after processing has begun..

11.6       By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges and/or taxes applicable to that order using a valid payment method authorized for such purpose. You acknowledge that your order constitutes an offer to purchase and that Cocolime’s acceptance remains subject to these Terms and product availability.

11.7       The products sold on the Application and through the Services are not for re-sale or distribution. You may not sell or resell any products you purchase or otherwise receive from Cocolime whether for profit, promotion, or in exchange for value of any kind. Any such conduct shall constitute a material breach of these Terms. Cocolime reserves the right, at its sole discretion, to cancel any order, restrict quantities, suspend or terminate any Account, and take such other measures as it deems appropriate if it believes or suspects that any products are being ordered, purchased, or used in violation of this Clause or for any unauthorized or commercial purpose.

12.   Product Information

12.1       Unless expressly indicated otherwise, Cocolime is not the manufacturer of the products sold on the Application or through the Services. While reasonable efforts are made to ensure that the information displayed on the Application or through the Services is accurate and up to date, actual product packaging, materials, and labels may contain information that is different from or additional to that displayed on the Application or through the Services. Ingredients, formulations, and packaging may change from time to time without notice. All information about the products on the Application or through the Services is provided for general informational purposes only. You should not rely solely on the information presented on the Application or through the Services and should always read labels, warnings, and directions provided with each product before use and follow the manufacturer’s instructions.

12.2       Whilst we try to ensure that all details, descriptions, and prices that appear on the Application or through the Services are accurate, there may be cases where errors occur or information is incomplete. If we discover an error in the price or description of any product that you have ordered, we will inform you as soon as reasonably practicable and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you, or if you do not respond within a reasonable time, your order will be treated as cancelled. If you cancel and have already paid for the products, you will receive a full refund as soon as reasonably possible. Cocolime shall not be liable for any loss or inconvenience arising from such pricing or information errors.

12.3       For healthcare or pharmaceutical products, in the event of any safety concerns or for further information about a product, you should carefully read the information provided with the product or contact the manufacturer directly. Content available on the Application or through the Services is not intended to and does not constitute medical advice, diagnosis, treatment, or prescription and should not replace professional consultation with a qualified healthcare provider. Contact your doctor or other licensed healthcare professional immediately if you suspect that you have a medical problem or adverse reaction. Information and statements about products are not intended to diagnose, treat, cure, or prevent any disease or health condition. Cocolime accepts no responsibility for inaccuracies or misstatements made by manufacturers, suppliers, or other third parties.

12.4       You should not use the information or services on the Application or through the Services to diagnose or treat any medical condition or to prescribe any medication or other treatment. Always consult your healthcare professional and read the information provided by the product manufacturer and any labels or packaging before using any medicinal, nutritional, cosmetic, herbal, or homeopathic product or before starting any exercise, diet, or treatment program. Individuals may react differently to different products; you should consult your physician about possible interactions between products or with any medications you are taking. Comments or product ratings posted by users on the Application or through the Services represent their own personal views and experiences only, are not claims made by Cocolime, and do not represent its positions or opinions. Such content is not intended as a substitute for professional medical advice, diagnosis, or treatment. Cocolime disclaims any and all liability for information or recommendations provided on the Application or through the Services regarding any health purpose, product, or use.

13.   Prices and Payment Policy

13.1       All payments for products or services made through the Application or through the Services must be in Saudi Riyals (SAR) unless otherwise expressly specified by Cocolime or required by applicable law.

13.2       We accept payments through the payment methods displayed at checkout, including but not limited to credit and debit cards issued by banks acceptable to Cocolime, and such other electronic or digital payment gateways or methods as may be integrated into or accepted through the Application or through the Services from time to time.

13.3       All credit- or debit-card payments are subject to validation checks and authorization by the issuer or payment network. If the card issuer declines payment authorization, or if authorization cannot be obtained for any reason, we will not be responsible for any delay or non-delivery. In such cases, the order may be cancelled or placed on hold until alternate payment arrangements are made. Cocolime shall have no liability for any resulting loss or inconvenience.

13.4       The details on the credit or debit card used to make the payment must match the exact identification information of the cardholder as held by the issuing institution. Payment will be debited and cleared from your account upon completion of the order-confirmation process or at any earlier time expressly indicated during checkout, as determined by Cocolime in its sole discretion. You confirm that the credit/debit card being used is yours or that you have been specifically authorized by the owner of the card to use it. You acknowledge that providing false, inaccurate, or unauthorized payment information constitutes a material breach of these Terms and may result in immediate cancellation of your order or suspension of your Account.

13.5       By submitting an order, you authorize Cocolime and/or its third-party payment processors to charge your selected payment method for the total amount of your order, including all applicable taxes, fees, duties, and delivery or service charges. You confirm that the payment details you provide are valid, accurate, and complete, and that you are the lawful holder or duly authorized user of the payment instrument. You further agree that Cocolime may store certain payment credentials in accordance with its Privacy Policy for the purpose of facilitating future transactions.

13.6       Payment will be processed and captured either at order placement or prior to dispatch of the products, as indicated on the Application or through the Services. If payment cannot be verified, is invalid, or is otherwise unacceptable, your order may be suspended or cancelled until valid payment is received. We reserve the right to request additional identification or verification information prior to accepting payment.

13.7       You are responsible for all applicable taxes, duties, levies, customs charges, or governmental fees in relation to your order. Any such amounts will be added to the purchase price and collected at the time of payment or otherwise as required by applicable law. You shall indemnify Cocolime for any liability or penalty arising from your failure to comply with tax obligations related to your purchase.

13.8       If we are unable to collect payment for any reason, we reserve the right to cancel your order, suspend or terminate your access to the Application or the Services, and pursue any remedies available under applicable law. We also reserve the right to block, suspend, or terminate any payment method associated with your Account, to refuse any transaction that we suspect to be fraudulent, abusive, or in violation of these Terms, and to cooperate with competent authorities or financial institutions in investigating such activity.

13.9       Prices displayed on the Application or through the Services include VAT as applicable on the day of ordering, unless expressly stated otherwise. Any change in the applicable VAT rate will automatically be reflected in the price of the products offered on the Application or through the Services.

13.10     Certain products are exempt from or not subject to VAT pursuant to the rules and regulations of the Zakat, Tax and Customs Authority and the Saudi Food and Drug Authority, including but not limited to human medicines, vitamins, medical devices, and medical products registered with the Saudi Food and Drug Authority. Pricing displayed for such products will reflect the applicable VAT treatment.

14.   Delivery

14.1       Products purchased through the Services will be delivered to the delivery address specified in your order using one of our approved independent delivery providers. Delivery timelines indicated on the Application or communicated at checkout are estimates only and are provided for general guidance. While we use commercially reasonable efforts to ensure that your order is delivered within the estimated timeframe, delivery times are not guaranteed and may vary due to factors beyond our control, including courier delays, traffic conditions, weather events, regulatory inspections, customs or security checks, or other unforeseen operational disruptions.

14.2       You acknowledge and agree that:

(a)   Cocolime does not guarantee or warrant exact delivery dates or times and to the fullest extent permitted by applicable law, Cocolime will not be liable for any delay, failure, or non-performance in delivery arising from any cause beyond our reasonable control;

(b)   delivery and fulfilment services may be performed by independent third-party delivery providers acting in their own name and not as our employees, agents, or representatives in which case, to the fullest extent permitted by applicable law, Cocolime shall not be liable for any delay, failure, or non-performance in delivery and any acts, omissions, negligence or circumstances of any such third-party delivery providers.

14.3       Notwithstanding the foregoing, we will do our best for supporting you in resolving delivery-related issues. We will use reasonable efforts to liaise with the relevant delivery provider and ensure that your order is delivered or otherwise handled in accordance with our applicable delivery and return policies.

14.4       Risk of loss or damage to the products shall pass to you upon delivery to the address specified in your order, or to any person accepting delivery on your behalf, as evidenced by the delivery confirmation issued by the courier. Title to the products shall transfer to you upon full payment of all amounts due.

15.   Cancellation, Return and Refund Policy

15.1       You may cancel an order directly through your Account on the Application after placing the order and before it has been processed and prepared for dispatch. Once an order has been prepared for dispatch, the option to cancel will no longer be available on your Account. Any cancellation request submitted after the order has been prepared for dispatch will be treated as a return. Please refer to the Returns section below for further details.

15.2       We accept returns within seven (7) calendar days from the date your order has been delivered to you, provided that the returned items comply with our return policy set out below:

a)     Beauty and cosmetic products cannot be returned, unless they are damaged, faulty, or incorrect when delivered to you.

b)     Health and hygiene products cannot be returned, unless they are damaged, faulty, or incorrect when delivered to you.

c)     Items must be returned unworn, undamaged, and unused, with all original tags attached and in the original packaging.

d)     Clear photographs of the product, barcode, and any defect (if applicable) must accompany your return request. The photos must be sufficiently clear to identify the product and verify any claimed defect.

15.3       Once your return has been received by us, it can take up to ten (10) calendar days for processing. All returned products are subject to inspection and quality control verification. Returns, where applicable, will only be collected from the original delivery address. If your return is approved, the refund will be processed to the original method of payment used to place your order, excluding any delivery or service costs. Depending on your payment provider, refunds may take up to fourteen (14) calendar days to appear in your account.

15.4       If a product is confirmed as defective, damaged, or incorrect upon delivery, Cocolime will cover all return shipping fees. For all other authorized returns, you will be responsible for the return shipping costs, including any customs or courier fees where applicable.

15.5       If the returned product fails inspection, you will be notified, and you may have the option to request that the product be re-delivered to you. A re-delivery fee may apply in such cases.

15.6       Products purchased on sale, promotion, or at a reduced price are refundable only at the amount actually paid and as stated on your purchase receipt.

15.7       We reserve the right to monitor and review the number and frequency of returns made by each customer and to refuse orders, suspend Accounts, or limit returns at our discretion if we detect excessive, unusual, or suspicious return activity.

15.8       Exchanges are not available. To obtain a replacement product, please submit a return request in accordance with this Clause and place a new order through the Application or through the Services.

PART III: GENERAL PROVISIONS

16.   Assignment

16.1       You may not assign or transfer any of your rights or obligations under these terms, in whole or in part, without the prior written consent of Cocolime.

16.2       You acknowledge and agree that Cocolime may assign or transfer these Terms or any or all of its rights or obligations under these Terms from time to time without any additional consent or prior notice to any person of its choosing including (a) to an affiliate, or (b) to an acquirer of all or substantially all of Cocolime’s business, equity or assets, or (c) any other third party.

17.   Notices

17.1       Any legal notice related to these Terms must be served by you to us in writing, and shall be delivered in person or by registered courier to us at the following address as may be amended by us from time to time: Al Waseel Tower 2, Building No. 6676, 6th Floor, Al-Olaya Street, Al-Olaya District, Riyadh, Kingdom of Saudi Arabia

18.   Governing Law and Dispute Resolution

18.1       These Terms (including any non-contractual obligations arising out of or in connection with these Terms) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.

18.2       Any dispute arising out of or in connection with these Terms (including a dispute relating to any non-contractual obligations arising out of or in connection with or relating to the Terms and/or Services) shall be resolved amicably through amicable negotiation. If the dispute cannot be settled amicably within sixty (60) days from the date on which either has served written notice on the other of the dispute, User and Cocolime have agreed that any dispute arising out of or in connection with or relating to the Services or these Terms (including those relating to its validity, its construction or its enforceability) shall be first mandatorily submitted to mediation proceedings under the Saudi Center for Commercial Arbitration (“Center”).

18.3       If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted to the Center, User and Cocolime have agreed to refer such dispute to and shall be exclusively and finally resolved by arbitration under the Center rules of arbitration.

18.4       User and Cocolime have agreed that the dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Center rules, and the place of both mediation and arbitration shall be Riyadh, Saudi Arabia, and the language of the mediation and/or arbitration shall be Arabic.

18.5       User and Cocolime have agreed that the existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the Center, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

18.6       To learn more about mediation and arbitration rules and procedures under Saudi Center for Commercial Arbitration, please visit their website at https://www.sadr.org/.

PART IV: LIMITATIONS OF LIABILITY, DISCLAIMERS AND WAIVERS

19.   PRODUCT LIABILITY

19.1       BY PURCHASING PRODUCTS THROUGH THE APPLICATION OR THROUGH THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT COCOLIME ACTS SOLELY AS A DISTRIBUTOR AND RESELLER OF THE PRODUCTS AND DOES NOT MANUFACTURE, FORMULATE, OR TEST ANY OF THE PRODUCTS SOLD. ACCORDINGLY, COCOLIME ASSUMES NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE QUALITY, SAFETY, EFFICACY, PERFORMANCE, SUITABILITY, OR FITNESS FOR PURPOSE OF ANY PRODUCT, EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING CLAUSES RELATING TO RETURNS, REFUNDS, OR CREDITS OF THE PRICE PAID.

19.2       FULL AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR EACH PRODUCT, INCLUDING ANY MANUFACTURING DEFECT, COMPOSITION ISSUE, DESIGN FAULT, OR FAILURE TO MEET APPLICABLE STANDARDS, RESTS SOLELY WITH THE PRODUCT’S MANUFACTURER OR BRAND OWNER. THE TERMS OF THE MANUFACTURER’S PRODUCT WARRANTY AND PRODUCT LIABILITY, WHERE APPLICABLE, ARE SET OUT IN THE PACKAGING, LABELING, OR ACCOMPANYING DOCUMENTATION PROVIDED WITH THE PRODUCT.

19.3       ALL PRODUCTS SHOULD BE USED STRICTLY IN ACCORDANCE WITH THEIR INSTRUCTIONS, WARNINGS, PRECAUTIONS, AND GUIDELINES. YOU ARE SOLELY RESPONSIBLE FOR READING ALL PRODUCT LABELS, SAFETY INFORMATION, AND INGREDIENT LISTS BEFORE USE, AND FOR ENSURING THAT THE PRODUCTS ARE SUITABLE FOR YOUR PERSONAL USE. YOU SHOULD ALWAYS CHECK THE INGREDIENTS OF ANY PRODUCT PRIOR TO USE TO AVOID POTENTIAL ALLERGIC REACTIONS OR SENSITIVITIES. COCOLIME SHALL NOT BE LIABLE FOR ANY ADVERSE REACTION, INJURY, OR DAMAGE RESULTING FROM MISUSE, FAILURE TO FOLLOW INSTRUCTIONS, OR DISREGARD OF WARNINGS PROVIDED WITH THE PRODUCT.

20.   LIABILITY FOR USE OF APPLICATION AND SERVICES

YOUR ACCESS TO AND USE OF THE APPLICATION, THE SERVICES, AND ANY PRODUCTS AVAILABLE THEREON ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR, AND ALL RISKS ARISING FROM, YOUR USE OF THE APPLICATION, THE SERVICES, AND THE PRODUCTS MADE AVAILABLE THROUGH THEM, INCLUDING ANY LOSS OR DAMAGE OF ANY KIND RESULTING THEREFROM.

21.   “NO WARRANTY” PROVISION

THE APPLICATION AND THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, AND PRODUCTS PROVIDED OR MADE AVAILABLE THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COCOLIME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. COCOLIME DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE APPLICATION, THE SERVICES, OR ANY CONTENT OR PRODUCTS OFFERED THROUGH THEM, OR THAT THE APPLICATION OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR FREE FROM VIRUSES, DEFECTS, OR HARMFUL COMPONENTS.

22.   EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCOLIME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON THE APPLICATION, THE SERVICES, OR THE PRODUCTS MADE AVAILABLE THEREON, EVEN IF COCOLIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.   GENERAL LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COCOLIME SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF OR RELIANCE ON THE APPLICATION OR THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THEM; (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, INCLUDING DELIVERY PROVIDERS; OR (III) ANY DELAY, FAILURE, OR NON-PERFORMANCE CAUSED BY EVENTS OR CIRCUMSTANCES BEYOND COCOLIME’S REASONABLE CONTROL.

24.   THIRD-PARTY DELIVERY DISCLAIMER

YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY DELIVERY SERVICE PROVIDERS MAY PERFORM DELIVERY OR SHIPPING SERVICES IN CONNECTION WITH YOUR ORDER. YOU AGREE THAT COCOLIME HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, OR WARRANTIES OF SUCH THIRD PARTIES, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.

25.   CAP ON LIABILITY

SUBJECT ALWAYS TO THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COCOLIME’S TOTAL AGGREGATE LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. YOU HEREBY IRREVOCABLY RELEASE COCOLIME FROM ANY AND ALL OBLIGATIONS, LIABILITIES, CLAIMS, OR DAMAGES IN EXCESS OF THIS LIMITATION.

26.   NON-EXCLUDABLE LIABILITIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.