Terms & conditions
Last Updated on November 5th, 2022
These Terms and Conditions are between you and Kayanee Company (“Kayanee”), a single shareholder limited liability company, established with Commercial Registration number 1010732109, head address at Digital City – Riyadh 12382, Kingdom of Saudi Arabia (“KSA”).
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Service (for example Your profile, gift cards or our application for mobile), you will also be subject to the terms, guidelines and conditions applicable to that specific Service ("Service-Specific Terms"). If these Terms are inconsistent with the Service-Specific Terms, those Service-Specific Terms will prevail.
Age and eligibility requirements
By using the Services, you affirm that you are 18 years or older to enter into these Terms, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these Terms.
Service Limitations and Modifications
We use reasonable efforts to keep our Services operational and to provide you with a great user experience. However, our service offerings and their availability may change from time to time, without liability to you. For example:
- Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of a Service (including particular functions, features, subscription plans, and promotional offerings).
- Kayanee has no obligation to provide any specific Content through our Services, and Kayanee or the applicable owners may remove particular products, images, songs videos, podcasts, and other Content without notice.
- Kayanee has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
Third-Party Links, Sites and Services
Our Services may contain links to third party sites and services which may be subject to separate terms and conditions.
Any links to third party websites from our Services are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. Any uses of third party sites by you is at your own risk.
We care about the security of our users. While we work to protect the security of your content and account, Kayanee can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.
You may need to create an account to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Kayanee may reclaim, or require you to change, your username for any reason.
We've established guidelines for using our Services, to make sure they stay enjoyable and safe for everyone ("Community Guidelines"). In using the Services, you must comply with the Community Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Sanctions and Export Policy
You may not use any Services if you are the subject of KSA sanctions or of sanctions consistent with KSA law imposed by the governments of the country where you are using the Services. You must comply with all KSA or other export and re-export restrictions that may apply to goods, software, technology, and services. Nothing in these Terms shall, or shall be interpreted or construed to, induce or require Kayanee or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable KSA laws, regulations, rules, or requirements.
Intellectual property rights
Kayanee allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to our Services.
You warrant that, with respect to any User Content you post on our Services:
- You own or have the right to post such User Content.
- Such User Content, or its use by Kayanee pursuant to the license granted below, does not.
- Violate these Terms, including the Community Guidelines, applicable law, or the intellectual property or other rights of any third party.
- Imply any affiliation with or endorsement of you or your User Content by Kayanee or other individual or entity without the prior express written consent from Kayanee or such individual or entity.
You expressly warrant that User Content you post on our Services is not in violation any of the provisions of the Anti-Cybercrime Law. There will be no liability on Kayanee as a result of your violation of the applicable regulations, and we retain our right to take what we deem appropriate action, at our sole discretion, against any user that violates the provisions of the Anti-Cybercrime Law, including informing the relevant authorities.
Licenses you grant us
You hereby grant to Kayanee a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback.
We value hearing from our users, and are always interested in learning about ways we can make our Services better. If you choose to provide ideas, suggestions, or other feedback in connection with your use of a Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Kayanee without restriction and without compensation to you.
The Content provided on the Services including information, data, material, text, designs, graphics, pictures, video, applications, software, audio and other files, and their selection and presentation, is owned by Kayanee or licensed to Kayanee through third parties. It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own personal use. Republication or redistribution of the content is prohibited.
Licenses we grant you
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Kayanee. You agree that you will not redistribute or transfer the Service or the Content.
Our software applications and the Content are licensed, not sold or transferred to you, and Kayanee and its licensors retain ownership of all copies of our software applications and Content even after installation on your devices.
These Terms will continue to apply to you until terminated by either you or Kayanee. Kayanee may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law.
If you or Kayanee terminate these Terms, or if Kayanee suspends your access to the Service, you agree that Kayanee shall have no liability or responsibility to you, and (except as expressly provided in these Terms)
You may terminate these Terms at any time, in which case you may not continue accessing or using the Services.
You agree to indemnify and hold Kayanee harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:
- Your breach of any of these Terms (including any additional Kayanee terms and conditions incorporated herein).
- Any User Content you post or otherwise contribute.
- Any activity in which you engage on or through a Service.
- Your violation of any law or the rights of a third party.
The Services are provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Kayanee and all owners of the Content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Kayanee nor any owner of content warrants that the Services or Content are free of malware or other harmful components. In addition, Kayanee makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), User Content, devices or any product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, and Kayanee is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Kayanee shall create any warranty on behalf of Kayanee.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
In no event will Kayanee, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:
- Any indirect, special, incidental, punitive, exemplary, or consequential damages.
- Any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Service, third-party applications, or third-party application content, without regard to whether Kayanee has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.
For clarification, these Terms do not limit Kayanee’s liability for fraud or fraudulent misrepresentation to the extent that applicable law would prohibit such a limitation.
Governing law and jurisdiction
These Terms are governed by the laws of KSA and subject to international cyber-crime laws. Any disputes arising out these Terms are to be submitted to the exclusive jurisdiction of the Saudi Courts.
Any failure by Kayanee to enforce these Terms or any provision thereof shall not waive Kayanee’s right to do so.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
About these terms
We may make changes to these Terms (including any additional Kayanee terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account and/or stop accessing the Services. The effective date set at the bottom of this document indicates when these Terms were last changed.
Other than as stated in this section or as explicitly agreed upon in writing between you and Kayanee, these Terms constitute all the terms and conditions agreed upon between you and Kayanee and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
As noted above, other terms and conditions governing use of the Services are incorporated herein by reference, including the following terms and conditions:
- Cookies Policy.
- Community Guidelines.
Kayanee may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
We want to hear from you if you have thoughts or questions about these Terms.
Feel free to contact us via email at: email@example.com
Alternatively, you can write to us and address it to: Prince Turki Bin Abdulaziz Althani Street, Riyadh 12382, Saudi Arabia
Last Updated on November 5th, 2022
Kayanee respects your privacy and it is our objective to provide excellent service to all our customers. This privacy notice is formulated in accordance with personal data protection laws in the Kingdom of Saudi Arabia to help you understand the nature of the information we collect from you and how this data will be treated and processed by Kayanee.
What Personal Information Does Kayanee Collect?
We collect your personal information in order to provide and continually improve our products and services. Here are the types of personal information we collect:
Information you give us
Certain information is necessary if you want to use many of our products and services. This includes:
- Information required when registering on our website/app (such as name, email address, home address, phone number, date of birth, nationality, gender).
- Payment information required when purchasing products and services (such as credit or debit card numbers, card expiration date, CVV code and billing address).
- Preferences you set using your website/app settings, so that we can respect your preferences.
We automatically collect and store certain types of information about your use of our website/app/services, including information about your interaction with content and services available. This includes:
- Usage information about your activity on our website/app (such as: content you post, your interactions with other users’ content, links and advertisements you interact with across our servers, customer support requests and feedback from you).
- Device information about the devices you use to access our website/app and log information (such as: IP address and browsing time, operating system, version and time zone settings, language, memory, battery level).
- Purchase and payments (information about your transaction such as when it was made, when a subscription is set to expire or auto-renew, and amounts paid or received).
Information we receive from third parties
We might receive information about you from other sources, such as updated delivery and address information from our carriers, information about your interactions with products and services offered by our affiliates, and search results, including paid listings (such as Sponsored Links).
Why and how does kayanee collect and use my personal information?
We use your personal information to operate, provide, develop and improve the products and services that we offer to you. These purposes include:
Compliance with legal obligations
In certain cases, we collect and use your personal information to comply with local laws, including but not limited to, national security and protection of public health.
Compliance with contractual obligations
We collect and use your personal information to comply with our obligations under the Terms and Conditions.
Operating, improving and personalizing our services
We use the information we collect to provide and operate our services. We also use the information we collect to understand your needs and improve and personalize our products and services so that you have a better experience, including by showing you more relevant content, suggesting people and topics to follow, and enabling and helping you discover affiliates, third-party apps, and services.
Fostering safety and security
We use information we collect to provide for the safety and security of our users, our products, services, and your account. This includes verifying your identity, authenticating your account, and defending against fraud, unauthorized use, and illegal activity. We also use the information to evaluate and affect the safety and quality of content on our website/app - this includes investigating and enforcing our terms and conditions, as well as applicable law.
Communicating with you
We use the information we collect to communicate with you about our products and services, including about product updates and changes to our policies and terms.
If you’re open to hearing from us, subject to your consent, we may also send you marketing messages from time to time.
Subject to your settings, we use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.
We use information you share with us, or that we collect to conduct research, surveys, product testing, and troubleshooting to help us operate and improve our products and services.
How long does kayanee store my personal information?
Your personal information is stored for as long as it is necessary, according to defined retention periods, to fulfill the purposes for which it was collected as described in this policy, and for satisfying any legal, regulatory, accounting or reporting requirements.
Additionally, we keep your personal information only as long as necessary to provide you with our services and for Kayanee’s legitimate and essential business purposes, such as:
- Maintaining the performance of the services.
- Making data-driven business decisions about new features and offerings.
- Complying with our legal obligations.
- Resolving disputes
When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you.
Does kayanee share my personal information?
You should know the ways we share your information, why we share it, and how you can control it. There are five general ways we share your information:
Publicly available information
By using our services, you are directing us to disclose that information as broadly as possible. Your profile’s content, including your profile information (e.g., name/pseudonym, username, profile pictures), is available for viewing by the general public. The public does not need to be signed in to view much of the content on Kayanee’s website/app. They may also find your content off of the Kayanee website/app, for example from search query results on Internet search engines.
With third parties and third party service providers
We employ other companies and individuals to perform functions on our behalf. We may share your information with service providers that perform functions and provide services on our behalf, including payment services providers who facilitate payments, service providers that host our various blogs, service providers who help us fulfill orders for products or services, service providers that provide marketing assistance, service providers that help us understand the use of our services, service providers that provide customer service, and those that provide fraud detection services.
Advertising revenue enables us to provide our products and services. Advertisers may learn information from your engagement with their ads on or off the Kayanee website/app. For example, if you click on an external link or ad on our services, that advertiser or website operator might figure out that you came from the Kayanee website/app, along with other information associated with the ad you clicked, such as characteristics of the audience it was intended to reach and other Kayanee-generated identifiers for that ad. They may also collect other personal information from you, such as cookie identifiers, or your IP address.
We also share or disclose your information with your consent or at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback with a business, and they may receive and process your personal information as described in their privacy policies.
When required by law, to prevent harm, or in the public interest.
We only share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or judicial request; to protect the safety, rights, or property of the public, any person, or Kayanee; or to detect, prevent, or otherwise address fraud, security or technical issues.
We may also preserve, use, share, or disclose your information if we believe that it is reasonably necessary protect the safety of any person, protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services.
With our affiliates.
We may share information amongst our affiliates to provide our products and services.
As a result of a change in ownership
Other than as set out above, you will receive notice when personal information about you might be shared with third-parties, and you will have an opportunity to choose not to share the information.
ith personal data protection laws in the Kingdom of Saudi Arabia to help you understand the nature of the information we collect from you and how this data will be treated and processed by Kayanee.
Does kayanee transfer my personal information outside of KSA?
Except for cases of extreme necessity to preserve the life or health of an individual, their vital interests or to prevent, examine or treat an infection, Kayanee may not transfer personal data outside KSA or disclose it to a party outside KSA, unless this is in implementation of an obligation under a convention to which KSA is a party, or to serve the interests of KSA.
How does kayanee keep my personal information safe?
We design our systems with your security and privacy in mind. We have implemented various safeguards to guard against unauthorised access and unnecessary retention of personal information in our systems. These include anonymization, encryption, access, and retention policies.
How can I take control of my personal information?
You have options in relation to the information that we have about you. To exercise these options, please visit your account settings or our help center:
Access and correction
You can access, correct, or modify the information you provided to us by editing your profile and adjusting your account settings or requesting a copy of the personal information we collect and hold about you. We'll usually share this with you within 30 days of you contacting us.
To protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with a deletion, portability, or other related request. We may, in certain situations, reject your request for access, correction, or portability, for example, we may reject access where we are unable to verify your identity.
Withdraw or restrict your consent
Unless legal, statutory or judicial requirements require otherwise, you can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications.
Please note that you may also notice changes in your experience or limitations in your ability to access certain features depending on the settings you’ve adjusted.
Delete your information
Unless we have a legal or judicial obligation to hold on to your personal information, you have the right to delete it. You can exercise this right by deleting/deactivating your account, by withdrawing or restricting your consent as described above, or by contacting us directly.
Please note that depending on your choices, certain services may be limited or unavailable.
File a complaint
If you are concerned that the processing of your personal information infringes applicable law, you have a right to lodge a complaint with the supervisory authority, the Saudi Data and AI Authority. You may exercise this through its website: https://sdaia.gov.sa/
Are children (under the age of 18) allowed to use kayanee’s services?
In order to use our services, you must be old enough to consent to the processing of your personal information in Saudi Arabia.
Otherwise, if you are under 18, you may use our services only with the involvement of a parent or guardian.
Will this policy change?
How can I contact kayanee?
Feel free to contact us via email at: firstname.lastname@example.org
Alternatively, you can write to us and address it to: Prince Turki Bin Abdulaziz Althani Street, Riyadh 12382, Saudi Arabia