1. Acceptance, License, and Eligibility

1.1 Acceptance of the Agreement:

Your use of the Driver App, your registration for a Driver account, or your provision of any delivery services through the platform constitutes your full acceptance of this Agreement. If you do not agree to any term of these conditions, you may not use the Driver App.

1.2 Eligibility for Use:To register as a Driver and use Osraah's services, you must be:

• Eligibility for Use:To register as a Driver and use Osraah's services, you must be:
• Capable of entering into legally binding contracts according to the laws of the Kingdom of Saudi Arabia.
• Legally qualified to drive vehicles in the Kingdom of Saudi Arabia.
• Able to provide and present all required valid licenses and documents, such as:
  • Valid driver's license.
  • Valid vehicle registration (Istimara).
  • Valid national ID or residency permit (Iqama).
  • Valid vehicle insurance.
  • Certificate of no criminal record (if requested).

We reserve the right to request additional documents in the future depending on the nature of the activity or updates to applicable regulations and laws.

1.3 License Granted by Osraah:

Under this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Driver App for the purposes of receiving delivery requests, managing delivery operations, and communicating with stores and customers, in accordance with the terms and conditions stipulated herein.

2. Driver Account and Data Security

2.1 Account Creation:

Your use of the Driver App requires creating a dedicated account and providing accurate, complete, and up-to-date information. This includes:

• Full name.
• Mobile number (for registration, login, and receiving access code).
• Vehicle information (type, plate number).
• Photos of required documents (mentioned in Clause 1.2), which will be verified by Osraah
• management.
• Correct bank account details for receiving profits.
• Any other information we may reasonably request.

2.2 Account Security:

You are solely responsible for maintaining the confidentiality of your account login information (mobile number and encrypted password or access code) and for all activities that occur under your account. You must notify Osraah immediately of any unauthorized use of your account or any breach of information security.

2.3 Driver Responsibility for Activation and Availability:

The Driver is responsible for providing internet connectivity and sufficient device charging to ensure the Driver App remains "active" (connected to the internet) and capable of receiving orders. The Driver is also responsible for ensuring their vehicle's readiness and their availability during the times they choose to work.

2.4 Information Accuracy:

The Driver is responsible for the correctness and accuracy of all data and information they provide (including personal information, vehicle information, licenses, and bank account details). In case of proven fake or inaccurate data, Osraah management reserves the right to suspend the account or terminate the service permanently, while taking necessary legal actions.

3. Order Management and Delivery

3.1 Order Reception and Processing System:

• The Driver receives an instant notification of available orders within their geographical range via the Driver App.
• The Driver has the freedom to accept or reject the order based on their capacity and availability, noting that repeated rejection of orders may affect their rating or priority for receiving future orders in accordance with Osraah's internal policies.

3.2 Adherence to Timelines and Delivery Quality:

• The Driver must adhere to the pickup times from the store and delivery times to the customer specified for instant and scheduled orders.
• The Driver is responsible for handling the order carefully to ensure it reaches the customer in the same condition as received from the store (e.g., maintaining food temperature, not damaging packaging).
• In case of order damage due to the Driver's negligence or error , the Driver bears the full or partial value of the order as determined by Osraah and the investigation results.

3.3 Picking up the Order from the Store:

• The Driver must proceed to the store immediately upon accepting an instant delivery order , or at the appropriate time for scheduled orders after receiving a preparation start notification from the store.
• Upon arrival at the store, the Driver must ensure they receive the correct order that matches the information displayed in the Driver App and quickly inspect the packaging condition.

3.4. Delivering the Order to the Customer:

• The Driver must drive safely and adhere to all applicable traffic laws and regulations in the Kingdom of Saudi Arabia.
• The order must be delivered directly to the customer at the specified address and confirmed upon receipt, with delivery confirmed via the Driver App.
• Delivery is only to the addresses specified in the order

3.5. Handling Special Cases:

• Customer Unresponsiveness: If the customer cannot receive the order , the Driver must attempt to contact them multiple times via the Driver App. If there is no response, Osraah support must be notified immediately for guidance.
• Order Damage During Delivery: In case of order damage due to the Driver (e.g., traffic accident due to Driver negligence, dropping the order , exposure to damage), the Driver must immediately report the incident to Osraah support.
• Scheduled Orders: The Driver must coordinate their arrival at the store at the appropriate time for picking up scheduled orders and be at the delivery location at the scheduled time for the order .

3.6. Delivery Range and Vehicle:

• Delivery ranges are determined based on the App's algorithms, the Driver's location, and their registered operating area.
• The Driver is responsible for ensuring their vehicle is in good condition, clean, roadworthy, safe, and compliant with any requirements that Osraah may specify.
• Appropriate packaging or equipment (such as thermal bags) must be used to maintain product quality during transport.

4. Profits, Fees, and Payments

4.1. Profit Calculation Mechanism:

Driver profits are calculated based on the pricing structure outlined by Osraah, which may depend on factors such as distance, time, order type, and any applicable incentives. Profit details for each order will be clarified through the Driver App.

4.2. Profit Transfer to Drivers:

Net Driver profits (after deducting any fees or dues to Osraah or applicable penalties) are transferred to the Driver's registered bank account periodically in accordance with Osraah's financial policies and approved payment schedules. The Driver can view their profit records and details of each delivery operation via the Driver App.

4.3. Fees and Deductions:

• Osraah may apply service fees to Drivers or adjust the profit structure, and Drivers will be notified accordingly.
• Penalties or deductions may be imposed on the Driver in specific cases such as causing order damage, unjustified order cancellation after acceptance, or violating Osraah policies.

4.4. Driver Responsibility for Operational Costs:

The Driver bears full responsibility for all operational costs related to providing delivery services, including but not limited to: fuel costs, vehicle maintenance, vehicle insurance, traffic violations, and communication and data costs for the device used.

5. Acceptable Use Policy (AUP) for Drivers

5.1. Professional Conduct and Performance Standards:

• Respect and Appearance: Dealing with customers, store staff, and Osraah staff with respect and politeness, and maintaining a clean and appropriate personal and vehicle appearance.
• Safety and Compliance with Laws: Driving safely and fully adhering to all traffic and safety laws and regulations in the Kingdom of Saudi Arabia.
• Professionalism: Providing a professional and efficient delivery service, and ensuring the safety and quality of orders.
• Confidentiality: Maintaining the confidentiality of customer and store information and not disclosing it.

5.2. Prohibited Conduct for Drivers:The Driver is prohibited from doing any of the following:

• Reckless driving or driving under the influence of prohibited or intoxicating substances.
• Providing false, misleading, or inaccurate information to Osraah or other users.
• Fraud or manipulation of the order system, profits, or service ratings.
• Violating the privacy of customers or stores, or photographing or recording them without consent.
• Deliberate stalling in picking up or delivering orders.
• Dealing rudely, threateningly, or engaging in any inappropriate behavior with customers, stores, or Osraah staff.
• Demanding additional amounts from the customer or store outside what is specified in the App.
• Using the Driver App or information obtained from it for any purpose unrelated to performing assigned delivery tasks via Osraah.
• Transporting any unauthorized or illegal goods or materials.
• Allowing another person not registered and authorized by Osraah to use their account or vehicle to fulfill Osraah orders.
• Harming the reputation of the Osraah application or its services in any way.

5.3. Consequences of Policy Violation:

Osraah application reserves the right to take the following actions in case of violation of this policy or any clause of the Agreement:

• Issuing a warning.
• Temporary suspension or permanent termination of the Driver's account.
• Imposing financial penalties or deducting from profits (especially in cases of damage or financial losses resulting from Driver negligence or misconduct).
• Reporting illegal activity to the competent authorities.
• Withholding or suspending profit transfers until the issue is resolved or investigated.

5.4. Reporting Violations:

We encourage all users, including Drivers, to report any behavior that violates this policy via the dedicated complaints and support email: Support@Osraah.com.

6. In-App Communication Policy

6.1. In-App Messaging and Communication System:

The Driver App contains a messaging and communication system that allows communication between the Driver , the customer , and the store. This system must be used only for purposes related to assigned orders and services. Messages within the App are subject to monitoring to ensure communication safety and prevent misuse. These messages are not reviewed except in case of a complaint or necessity for investigation of a violation.

6.2. Communication Code of Conduct:

• Mutual Respect: Communication must be conducted in a professional and respectful manner with all parties.
• Professionalism: Avoid using abusive, threatening, or inappropriate language.
• Spam Prohibition: Sending unsolicited or promotional messages unrelated to the order is prohibited.
• Personal Data Protection: No personal information of customers or stores should be requested or shared beyond what is necessary to complete the order .

7. Driver Profile Management Policy

7.1. Creating and Managing the Basic Profile:

The Driver must provide accurate and complete information when creating their profile, including name, contact information, vehicle details, and required documents. This information and these documents are verified by Osraah.

7.2. Updating Driver and Vehicle Information:

The Driver is responsible for ensuring the correctness and accuracy of all their data and information registered in their profile and for updating it immediately upon any change (such as renewing a driver's license, changing a vehicle, updating bank account details). In case of proven fake, inaccurate, or expired data, Osraah management reserves the right to suspend the account or terminate the service.

8. Complaints and Violations Management Policy and Procedures

8.1. Types of Potential Complaints and Disputes:

This policy covers complaints filed against Drivers by customers or stores, as well as disputes that may arise between the Driver and the Osraah application, and violations of Osraah policies.

8.2. Steps for Submitting a Complaint Against a Driver:

Customers or stores can file a complaint against a Driver via the dedicated channels in the App or email: Support@Osraah.com.

8.3. Complaint Investigation Process:

• Osraah management investigates the complaint immediately upon receipt. The investigation includes gathering information and communicating with all concerned parties (Driver , customer , store) and reviewing App records.
• The Driver may be requested to provide a statement or any additional information relevant to the complaint.
• Driver Responsibility for Damage: If it is proven that the order damage or loss was due to the Driver , they bear the full or partial value of the order , in addition to any other resulting costs.

8.4. Response and Resolution Timeline:

Efforts are made to respond to and investigate complaints within 5 to 7 business days from the date of receiving the complete complaint with all required information.

8.5. Actions Resulting from Violations and Legal Dispute Resolution:

• Based on the investigation outcome, Osraah application has the right to take appropriate actions as outlined in Clause (5.3).
• In case a satisfactory resolution to the dispute is not reached, parties may resort to the competent legal authorities in the Kingdom of Saudi Arabia.
• Osraah application has the right to provide conversation records and data related to the transaction or complaint to legal authorities in case of a legal dispute or formal request.

9. Driver Privacy Policy

Osraah application is committed to protecting the privacy of your data.

9.1. Information We Collect:

• Information you provide directly: When creating an account (name, mobile number , password, profile information, vehicle information, bank account information, photos of official documents).
• Information we collect automatically: Device information, usage data, geolocation information (continuously while online mode is activated for receiving orders and for delivery tracking purposes), profit records.

Osraah has the right to save your personal information for registration and legal compliance purposes.

9.2. How We Use Your Information:

To operate and provide delivery services, manage your account, customize orders, track routes, transfer profits, improve service, ensure security and fraud prevention, communicate with you, and comply with legal requirements.

9.3. How Your Information Is Shared:

• With stores and customers: Necessary information to complete delivery (first name, current location during delivery, estimated arrival time, vehicle type).
• With essential third parties for service delivery: Technical service providers, payment processors (to the extent necessary).
• For legal and security purposes: In compliance with the law or to protect our rights.

9.4. Storage and Protection of Your Information:

We implement security measures to protect your information. You are responsible for the confidentiality of your account information.

9.5. Your Data Rights:

You have the right to access your information, correct it, and in some cases request its deletion or restriction of processing, in accordance with applicable laws. To exercise these rights, contact us via Support@Osraah.com.

10. Update and Amendment Policy

Osraah application management reserves the right to modify this Agreement and its associated policies and procedures at any time. Drivers will be notified of material changes via the Driver App or registered email. The Driver's continued use of the Driver App and provision of delivery services after the changes are published signifies their agreement to the amended Agreement, policies, and procedures. It is the Driver's responsibility to review this Agreement periodically.

11. Disclaimer and Limitation of Liability

11.1. Service Provision "As Is":

The Driver App and Osraah services are provided "as is" and "as available" without any warranties of any kind, express or implied. We do not guarantee that the Driver App will be error-free or that its operation will be uninterrupted.

11.2. Driver Responsibility:

• The Driver is solely responsible for their safe driving, vehicle maintenance, and compliance with all laws and regulations, including traffic and insurance laws.
• Osraah bears no responsibility for traffic violations, accidents, or damages that the Driver may cause or incur , or that may affect their vehicle, while providing delivery services.
• The Driver acts as an independent contractor and not as an employee of Osraah.

11.3. Limitation of Osraah's Liability:

To the maximum extent permitted by law, Osraah will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, resulting from your use or inability to use the Driver App or provide delivery services. Our maximum liability, in all cases, shall be limited to the amount of commission or service fees due to Osraah for deliveries you performed during the one month preceding the date the claim arose, or a specific amount determined by Osraah, whichever is less.

12. Governing Law and Dispute Resolution

12.1. Governing Law:

This Agreement is governed by and shall be construed in accordance with the laws of the Kingdom of Saudi Arabia.

12.2. Dispute Resolution:

In the event of any dispute or claim arising from or related to this Agreement, both parties agree to first attempt to resolve the dispute amicably through direct communication. If an amicable resolution is not reached within thirty (30) days, the dispute shall be referred to the competent courts in the Kingdom of Saudi Arabia in the city where Osraah's headquarters are located or as determined by regulations.