The "Tawkeeli" application aims to support the achievement of Saudi Vision 2030 goals by enabling the greatest number of Muslims to perform Hajj and Umrah in the best possible manner, showcasing the Kingdom's dignified and civilized image in serving the guests of Allah. Installing the application on a device implies implicit acceptance of the terms and conditions and privacy policy documents without the need for a physical signature. This agreement becomes effective as soon as the user accepts it and registers on the application, in accordance with Articles 5 and 10 of the Saudi Electronic Transactions Law. The application reserves the right to amend the agreement as necessary without requiring user consent. Changes will be published on the application and will become effective from the date of publication. Continued use of the application after publication constitutes confirmation of acceptance of the amended terms.
The following terms - where mentioned in the Privacy Policy Agreement - shall have the meanings set out below, unless the context requires otherwise:
• Principal: The client who authorizes another person to perform Hajj or Umrah on their behalf or on behalf of deceased or incapacitated relatives or acquaintances, according to the methodology of Ahl al-Sunnah wal-Jama'ah.
• Agent: The person who agrees to perform Hajj or Umrah on behalf of the principal, committing to perform the rituals according to the Sunnah of the Prophet, and in compliance with Saudi regulations and conditions.
• Application: Refers to "Tawkeeli," a digital platform connecting the principal and the agent, which can be downloaded on smartphones.
• User: The person who has installed the Tawkeeli application and registered an account to benefit from its services.
• Users: All individuals who have installed the Tawkeeli application and registered their accounts, whether they are principals or agents, with the aim of benefiting from the application’s services.
• Agreement: Refers to the contract binding the application and the user, including the terms and conditions document and the privacy policy document.
The introduction and definitions mentioned are considered an integral part of this document and complement and interpret its provisions.
The application acts as an electronic intermediary between the relatives of deceased or legally incapacitated individuals (such as patients whose recovery is not expected) who wish to perform Hajj or Umrah, and those willing to perform these rites on behalf of others. The principal (service requester) can track the agent’s progress during the rites, from the state of Ihram to the completion of the rituals, in accordance with the methodology of Ahl al-Sunnah wal-Jama'ah.
• To benefit from the services of the Tokkili app, the principal (user) must create an account in the app and select the agent who will perform the rites on their behalf, agreeing on the performance date and documenting it within the app.
• The principal acknowledges that the service is not free, with a fee of 305 USD required, which must be paid according to the app's payment policy. This amount covers the costs of performing the rites (such as transportation, accommodation, food, clothing, and shaving) in addition to the app's operational costs (operation, maintenance, supervision, and follow-up).
• If the principal has specific requirements, they must clarify them to the agent before starting the intention. The principal is responsible for monitoring the agent’s performance of the rites through the app.
• The app allows the principal to track the agent’s performance of the rites via the app, and this method is the only guarantee provided by the app in this context. An internet connection is required for this.
• The app does not guarantee that the chosen agent will perform the rites correctly. However, funds will not be transferred to the agent until the service is confirmed to be performed correctly. In case of negligence by the agent, the app will choose another person to perform the rites without referring back to the principal.
• The app is not responsible for any issues with the principal's mobile phone during the rites or any disruption in connection with the app while providing the service. Therefore, the principal must ensure a continuous internet connection.
• Force majeure circumstances or official procedures within the Kingdom that lead to the non-completion of the rites within the specified time exempt both the principal and the agent from any legal liability.
• The principal (client) must pay the amount due according to the payment policy specified in the app, and the user agrees that this policy may be subject to change from time to time.
• The official currency of the Kingdom is used to determine service prices and purchases through the app.
• The principal is responsible for paying the costs of performing Umrah through Tokkili, which amounts to 150 USD, and this is done via the payment methods approved in the app. Note that this cost does not include Hajj rites, which will be priced before the Hajj season based on the number of permits and available options.
• The app may require certain payment methods to ensure payment sincerity or for customer services.
• Bank transfer fees may apply, and the client is responsible for these fees.
• Administrative fees may be imposed at any time for using the app, and this will be clearly announced through the app.
• The client is fully responsible for the payment process, and the app is not liable for any errors in the payment process.
• The client must maintain the confidentiality of their payment details and be cautious to avoid using suspicious methods or unlicensed software.
• The app may set administrative fees for the service within the app, and the user will be informed of these fees before they are deducted from the amount.
• The app is not legally or compensatively responsible if the amount is seized by official authorities in the Kingdom for any reason.
• Payments are accepted online via PayPal, Mada cards, Visa, and MasterCard in Saudi Riyals.
• Refunds will only be processed through the original payment method.
• Credit card details (debit and personal identification information) are not stored, sold, or shared with any third party.
• Any dispute or claim arising from or related to this site will be interpreted in accordance with the laws of the Kingdom of Saudi Arabia.
• The app will not deal with or provide any services or products to any countries subject to sanctions by the Office of Foreign Assets Control (OFAC) according to the laws of the Kingdom of Saudi Arabia.
• Once the client (principal) places an order through the app, they will not be able to cancel this order.
• The agent has the right to cancel the order before starting the intention for Umrah or Hajj, but after that, they cannot cancel the Umrah or Hajj.
• If the agent cancels the Umrah or Hajj in violation of this agreement and without a legal reason, the app has the right to permanently block the agent's account and choose another person to perform the rites immediately without referring back to the principal.
• Since the services provided by the app are entirely electronic and interactions with all users (the principal and the agent) are conducted electronically, it is necessary to waive written contracts and documents that must be signed with each user and to rely on electronic documents and contracts, in accordance with the legal framework considering all applicable regulations in Saudi Arabia.
• This agreement constitutes an electronic contract between the app and all users (the principal and the agent), replacing all previous oral or written agreements. This contract is legally valid as it meets all legal conditions of consent, object, and cause, and includes the offer and acceptance required by applicable regulations for the validity of contracts.
• This electronic contract produces all the legal effects that written contracts signed between the parties would, and it replaces and governs them, producing the same effects.
• This electronic contract is subject to continuous modification and updates to align with the services provided by Tokkili. Users are responsible for reviewing this agreement periodically to check for any changes to the terms and conditions. Any use or access to the app’s services after modifications constitutes explicit consent and acceptance of the new terms.
• Users are not authorized to interpret or construe any of the terms of this agreement. Tokkili is the sole authority for interpreting or construing the terms of this agreement. Users should contact the app immediately if any of these terms are unclear.
• In electronic contracts, consent does not require obtaining written signatures from users (the principal and the agent); rather, consent is given electronically. Tokkili offers two types of consent to this agreement: explicit consent and implied consent, both of which are considered electronic signatures for this agreement:
• Explicit Consent: Consent is explicit if the user registers their account on Tokkili, uses the services through it, or requests to benefit from the services provided through it. This consent is considered an electronic signature for this agreement.
• Implied Consent: Consent is implied if the user uses Tokkili’s services, visits, or remains on the app for extended periods. This type of use is considered an electronic signature for this agreement.
• Since this agreement is an electronic contract between Tokkili and all users (the principal and the agent), all users of the app must have the legal capacity according to the applicable laws.
• Users (the principal) must be at least 18 years old at the time of joining this agreement. If the user is younger, they must join this agreement through a legal guardian or trustee according to the applicable guardianship laws.
• The user must review the terms of this agreement in full before joining it. Entering into this agreement with the app means that the user has reviewed all its terms and is bound by them and all legal effects arising from their application.
• The user must ensure that all conditions and requirements mentioned in the agreement and all requirements specified in applicable regulations are met throughout their period of adherence to this agreement.
• If the user fails to meet any condition of this agreement, it will be considered void for that user, with all legal effects arising during its validity period applying to the user.
• All legal notices required to be communicated according to applicable laws will be sent via the contact methods provided by the user, including phone calls, SMS, or email. These phone or electronic notices will replace all written notices required by law and are considered officially binding between the parties.
• Each user waives any legal rights to receive written notices from Tokkili and acknowledges that the app is not obligated to provide written notices. Phone or electronic notices will replace written notices and produce the same legal effects as described above and will be recognized by all official entities.
• The app will not deal with or provide any services or products to any countries subject to sanctions by the Office of Foreign Assets Control (OFAC) according to the laws of Saudi Arabia.
• The principal (client) can create an account on the application, which offers various features and services. The client must register on the application with a respectable name and undertakes not to register with any unknown, false, or misleading names.
• To register for membership on the application, the client must provide the application with the following information: (name, mobile number, email, country).
• The client must register their membership on the Tokili application with their own data and email so that they can receive any notifications sent to them from the Tokili application.
• Any client is prohibited from registering more than one account on the application, and all accounts will be deleted if discovered.
• The client is prohibited from registering an account on the application if they are under 18 years old, have been convicted of harassment or sexual assault, are subject to a ban on using the application’s services under the law or court order, or if the application has previously disabled their account due to a violation of the application’s terms and conditions or privacy policy.
• The client must maintain their username and password and not disclose them to others. In all cases, the client is responsible for all transactions made through their account on the application.
• The account on the application is provided under a license to use, thus the application has the right to revoke this license and terminate the use of the account at any time without providing any reasons.
• All credit/debit card details and personal identification information will not be stored, sold, shared, rented, or leased to any third party.
• These terms are drafted in accordance with Saudi regulations, and products are provided through the app in accordance with the applicable laws in Saudi Arabia. Therefore, the principal (client) is bound by these regulations regardless of their country of origin.
• The client must be legally qualified to enter into this agreement with us and must be 18 years of age or older at the time of using our electronic application.
• Any required information entered in the app must be accurate, and the client is responsible for its accuracy, quality, currency, and legality. The client must update it whenever changes occur.
• The app must be used only for the purposes stated in these terms or those declared on the app’s pages, and the services must be used in good faith without manipulating the app or its users in any way.
• The app must be used legally, and this use must be serious. Users (the principal and the agent) should avoid using the app for fraudulent, deceptive, unlawful, or harmful purposes, and must not engage in activities that could expose the app to legal accountability.
• The client must notify the app if any unlawful practices or activities are discovered through the app.
• Users must maintain the app’s reputation and must not harm the app directly or indirectly, nor cause any direct or indirect damages or legal claims against the app.
• Reselling any part of the app or exploiting it commercially for profit is prohibited, except for activities authorized by the app’s owner.
• Tokkili reserves the right to make any modifications or changes to its electronic app, policies, and agreements related to Tokkili, including terms and conditions.
• The app retains all its legal rights in case any users breach their legal and legitimate rights or the rights stipulated in this agreement.
• The content provided through Tokkili is for informational purposes only and for the exclusive purpose of providing the app’s services. It may not be used for any content, sites, or parties not affiliated with the app.
• The app provides content to present and display its services to users (the principal and the agent) and for marketing purposes.
• Texts, graphics, photographs, logos, illustrations, explanations, data, and other materials provided on or through Tokkili's services may contain errors or omissions, or be outdated, and the app may change, delete, or update any content at any time without prior notice.
• The data available through the app may contain unintentional errors, and users must exempt the app from any liability arising from this. Users should contact the app to inquire about and request correction of any errors in the data.
• Users should verify any content available through the app, check its accuracy and validity, and exercise due diligence when dealing with the content.
• Tokkili assumes no legal responsibility for the content available through the app, and users explicitly exempt the app from such responsibility.
• All data provided about other individuals through the app is provided at their personal risk without any warranties from the app.
• Content provided by users through the app must be legal and not infringe on others' rights.
• Users are legally responsible for any content, data, information, files, documents, or messages they provide, send, or exchange through the app.
• Users are responsible to all authorities, courts, and investigative bodies for any penalties or compensations related to any illegal content they provide through the app.
• The app may involve third parties in providing its services and disclaims legal responsibility for any direct or indirect, intentional or unintentional errors made by these third parties providing services through the app.
• The client (the principal) may be subject to specific terms and conditions of third parties, which are beyond the app’s control. Therefore, users should review and agree to these policies before utilizing services provided by third parties through the app.
• Each principal (client) is personally responsible for all actions and activities carried out through the application, and the application will not be jointly or vicariously liable for any of the users (the principal and the agent).
• Each client is personally responsible in case of non-compliance with the obligations imposed upon them under these terms or the applicable policies.
• Each client is personally responsible for any violation of the laws applicable in their country, and the application will not be jointly or vicariously liable for any of the users.
• The client bears legal responsibility in case of violation of any right of the application under these terms and conditions or infringement on any right or property of Thabeer Ltd. or any of its components.
• The client bears legal responsibility in case of abuse of the application on any site, application, social media, email, or through any other means.
• The client bears legal responsibility in case of abuse of any other person through the application, with no primary, vicarious, or joint liability on the application.
• The client is obligated to compensate us for any damages incurred by the application as a result of any illegal or unauthorized use by the user or any of their affiliates.
• The client is obligated to compensate Thabeer Ltd. in case of abuse of the company, the application management, employees, partners, distributors, agents, or any other person affiliated with the Tokili application.
• The application retains all its legal rights arising from this agreement at any time, and failure to exercise such rights at a particular time does not imply a waiver of those rights at all other times.
• The principal (client) absolves Thabeer Ltd. from all responsibility for any unlawful activities not affiliated with the company that may occur through the application. The application cannot control all actions performed through it, and the affected party should notify the company to take necessary measures to stop the source of harm.
• The application may be suspended from time to time or permanently, whether for voluntary or involuntary reasons, and thus the client exempts the company from any legal liability in the event of permanent or temporary suspension of the application or any of its services.
• The application does not provide any type of insurance or compensation to any of the users (the principal, the agent), and each person using the application and its services does so at their own risk. The application will not be liable to any of the users for any reason arising from the use of the application or its services or the application of its terms and policies.
• The application is not responsible for any comments or content posted through it or for any communications within or outside the application.
• The client absolves the application of any errors committed, whether intentional or unintentional.
• The application will communicate with the agent from time to time using the contact details provided by them. Under this agreement, the principal (client) authorizes the application to contact them electronically or by phone. If the client does not wish to receive communications, they must notify the application, and communication will cease immediately. However, this means that the application’s services may be permanently discontinued for the client.
• Any notifications that the application wishes to send to users (the principal, the agent) will be made through their contact details, and it is assumed that the user is aware of the notification once the application sends it. If the user wishes to send notifications to the application, this should be done via email at (info@tawkeele.com).
• The principal (user) acknowledges and agrees that the application’s services may be continuously modified or updated, and that the terms and conditions and privacy policy of the application may be modified, updated, or added to from time to time. The application is not obligated to notify any of its users (the principal, the agent), so the user should review this agreement before any action they take through the application. Accordingly, the user acknowledges the right of the Tokili application management to review these terms and conditions or impose new terms and conditions related to the Tokili application services at any time, without prior notice, at its sole discretion. The user is responsible for periodically reviewing these terms and conditions and the privacy policy, and any use or acquisition of products or services from the Tokili application constitutes the user’s acceptance of those reviews or additions.
• The application has the right to cancel any of the services available through it, modify the application in its entirety, or change its activity. The application also has the right to cancel the terms and conditions and privacy policy or replace them at any time without requiring user (the principal, the agent) consent.
• The collection and processing of data are subject to the application’s privacy policy, which is an integral part of the terms and conditions.
• The user is obliged to maintain the confidentiality of all internal transactions of the application, including financial reports, commissions, fees, employee data, and any data or documents authorized for specific persons to view or not intended for others.
• The user must not collect or exploit any data about other parties using the application, such as customers and service providers, and data usage is limited to the purposes of providing or benefiting from the services only.
• The application maintains the confidentiality of all data provided by the user or related to their activity through the application. This data can be accessed by application employees, application service providers, and third parties with a legitimate interest or explicitly authorized by the user or application to use the data, or as required by the nature of the transaction.
The interpretation and implementation of the terms of this document are subject to the regulations in force in the Kingdom of Saudi Arabia. These terms are not limited to the provisions contained herein but extend to include all regulatory texts governing civil and commercial relations in the Kingdom of Saudi Arabia, as long as these rules are supplementary and do not directly or indirectly conflict with the terms stated in this document.
The interpretation and implementation of the terms of this document are subject to the regulations in force in the Kingdom of Saudi Arabia. These terms are not limited to the provisions contained herein but extend to include all regulatory texts governing civil and commercial relations in the Kingdom of Saudi Arabia, as long as these rules are supplementary and do not directly or indirectly conflict with the terms stated in this document.
This document is drafted in Arabic. In the case of translation into any other language, the Arabic text is the governing one before all official and unofficial entities if there is a conflict with the foreign translation.
These terms and conditions come into effect from the date the user registers their details through the Tokili application or uses any of the services that do not require subscription or registration in the application. They remain in effect unless terminated according to the terms stated in these terms and conditions.
You can contact the application through the following means:
Email: (info@tawkeele.com)
Call us at:
+966563220211