Terms and conditions

Conditions and terms of a performer of Umrah

Introduction

We are proud of your visit to Enabatalmansek application

 

We provide Enabatalmansek application services as medium electronic platform between performers of Umrah on behalf of others on the one hand and the clients on the other hand in accordance with regulations of Saudi Arabia. Enabatalmanask application services is one of Enabatalmanasek company projects in Saudi Arabia, and this project aims to provide this service to Muslims worldwide through the company's branches and representatives in those countries. We provide these conditions and provisions to govern and regulate the legal relations between the Enabatalmanasek application and its users.

 

1. Application terms

 

These words are used in application as they appear in the context of speech and the contents of the agreement." and it means that the contract that links the application to its users, and includes the terms and conditions document and the privacy policy document.

The word application of Enabatalmanasek and the electronic website enabatalmanasek.com and enabatalmanasek company refer to the company that owns the application in Saudi Arabia with commercial record No. 4030461192, dated 8/8/ 1443 H.- telephone No. 00966565900059- electronic email- info@enabatalmanasek.com  

"A performer of Umrah on behalf of others" refers to the person responsible for the performance of Umrah on behalf of his other Muslims brothers in any country of the world and using this application to connect him with the beneficiary.

"Client" refers to any Muslim who wishes to perform Umrah on behalf of others in Saudi Arabia in accordance with provisions of the prophetic Sunnah and its contents.

"Laws" refer to the laws in force in Saudi Arabia.

 

2. Application Working Mechanism

Enabatalmansek application acts as medium electronic to perform Umrah and allows everyone unable to perform Umrah in any country of the world to communicate through the Enabatalmansek application with persons in charge to perform Umrah on their behalf and following them up with new technologies that make them sure that this great rite is reliable and safe to perform and follow-up them with live broadcast.

 

3. Electronic Contract 

Enabatalmansek company provides all its services electronically and deals with all its users electronically as well. This agreement shall be regarded as an electronic contract between the application and all its users and shall replace all oral and written agreements. On the other hand, this contract is legal, as it meets all legal requirements, and has the offer and acceptance conditions required by the applicable laws for the validity of the contracts.

This electronic contract achieves all legal effects governed written contracts signed between the parties, replaces them and takes their rules and effects.

This electronic contract is constantly modified and updated to conform to the services provided by the Enabatalmansek application and it is the responsibility of the user to revise this agreement periodically to revise any amendment to those terms and conditions. Any use or access to our services after the amendments that we have made shall be considered explicit approval and acceptance of the new provisions.

The Enabatalmansek company is the competent authority to interpret this agreement and therefore requires communication with the company if any of these conditions are not clear.

Approval of electronic contracts does not require user signatures, but is approved by electronic means. There are two types of approval and joining to this agreement in Enabatalmansek application: Express consent and tacit consent ultimately constitute electronic signature to this agreement.  

 

4. Conditions for joining this agreement

This agreement is an electronic contract between the Enabatalmansek application and all its users, and all users of the application must have legal and legislative eligibility in accordance with the laws in force. The user must be fully aware of the provisions of this agreement before joining it. Thus, the user's joining this agreement means that he/she is informed of all its conditions and shall be bound by it and all legal effects arising from the application of the provisions hereof. Throughout the period of joining this agreement, the user must ensure that all the conditions and requirements mentioned in the agreement are met, and also all the conditions and requirements of the laws in force.

In the event that the user loses any of the conditions of this agreement, this agreement will be null and void for this user, with the application of all legal effects arising during the period of validity of the agreement on the user.

 

5. Legal Notices

All legal notices required to be notified in accordance with the laws in force to be sent through the means of communication provided to us by the user, including phone contact, telephone messages or e-mail. These telephone or electronic notifications replace all legally required written notifications and are officially approved between the parties.

 

6. Conditions for joining the Enabatalmansek Team

Umrah performer can register his account in the app and get functional number that enables him to get many different benefits and services. The team member of Enabatalmansek must register in the application in his real name conforming to the national identity and his identity will be verified through the platform of Alnafaz Alwatani. The member undertakes not to register with any unknown or untrue names and to be Saudi citizen.  

The Umrah performer must provide us with the following information to register membership in the application (name, mobile number, email, bank account of the performer) in addition the Umrah performer must be registered in the (Tawaklna and Eatamrna application).

Umrah performer must have data and email to register membership in the Enabatalmansek application to be able to receive notifications sent to him from the Enabatalmansek application.

No member is allowed to register more than one account, and the system will automatically delete all accounts if we know of that behavior. The performer is not allowed to register an account if he is under the age of 18 or has been convicted of a crime of harassment or sexual assault, or if the performer was prohibited by law or court ruling from using our services, or we have previously disabled his account for violating our terms and conditions or privacy policy.

The performer must keep his user's name and password and not disclose it to others, in all cases, the performer shall be bound by all transactions made through his account, on the other hand, the administration of Enabatalmansek has a right to withdraw the permit to make Umrah on behalf of others and to terminate the use of the account at any time in case of a violation.

 

7. Conditions of use

These conditions have been formulated in accordance with the laws in force in Saudi Arabia, and the application provides services in accordance with the applicable laws in Saudi Arabia, therefore everyone is bound by these laws regardless of the State to which the performer or beneficiary belongs.  

The user must be Saudi citizen, eligible for such work, holder of compulsory courses and certificate of attendance at the approved session and pass the interview.

The user is required to enter any information required in the application correctly and is responsible for that information, its accuracy, quality, updating, legality, and at same time, he is committed to updating information whenever any change occurs.

The application must be used within the limits of the purposes stated through these conditions or those posted through the application pages, and our services should be used in good faith and not manipulate the application or its users in any way.

The application should be used legally and serious and keep users away from using the application for fraud or deception, or unlawful communication or fake communication, or damage to any party, and it prohibits any acts that would expose the application to legal accountability.

Users are not allowed to receive any amounts of money from applicants in any way, whether transfer, deposit or tip, and must be bound to deal through the application and its financial management.

The user must notify us if any illegal practices or activities detected through the application.

The user must protect the reputation of the Enabatalmansek application, not directly or indirectly offend the application and not cause use direct or indirect damage and does not cause any legal claims against the company.

The Enabatalmansek application reserves the right to make any changes or amendments to its electronic application and to policies and agreements relating to the Enabatalmansek application, including conditions and provisions.

The application shall reserve all its legal rights in the event that any of the users of the application violates our legal and legitimate rights or our rights stipulated in this agreement.

 

8. Content policies

The content is provided through the Enabatalmansek application for information purposes only and for the purposes of providing our services exclusively, this content may not be allocated to any content, sites or entities or non-members.

The application provides the content that marketing and providing our services to users

The user must verify and check any content available in the application, its accuracy, validity, and be careful in dealing with the content

The enabatalmanasek application does not bear any legal liability arising from the violation of the content specified in the application during the application's use.

All data available to other persons through the application are provided on the basis of the liability of those persons without any guarantees from the application.

The content provided by the user through the application must be legal and contain no abuse of the rights of others.

The user is legally responsible for any content, data, information, files, documents or messages provided, sent or exchanged through the application.

The user shall be accountable to all authorities, courts, and investigators authorities for any penalties or damages in respect of any illegal content provided through the application.  

 

9. Conditions of a performer of Umrah on behalf of others

The performer must be a Saudi citizen, and he/she is obliged to provide us with a valid national identity.

 The performer must be registered in the application of (Tawaklna and Eatamrna).  

The performer should be immunized with vaccines against the coronavirus by taking three doses.

The performer must perform the Umrah on time agreed with the client, be fully dedicated to perform the Umrah and not to do any other work during this period.

The performer must perform the Umrah according to prophetic traditions (Sunnah), must not commit any unlawful offences and the performance of Umrah must be in accordance with the intention of the applicant.

A performer of Umrah must be in constant contact with the application during the Umrah so that the applicant can follow the instructions and perform the rites.

The performer is not allowed to manipulate the application or the applicant, the service should be provided in good faith and honesty, and in accordance with the agreement with the client.

The performer should be obliged to issue the necessary permits requested by the competent authorities for the performance of Umrah in order not to impose any fines on him. In the event of an offence, the performer shall bear the full fine.

In the event that the performer violates any obligations set forth in this agreement or in prophetic Sunnah or other legitimate provisions, the application or client is entitled to cancel the service and not to transfer the specific amount of the Umrah performance.

In the event that the performer commits any disciplinary offences, he or she bears full legal liability without any liability relating to the application and the performer shall release our legal liability for any irregularities committed.  

 

10. Policy payment

The performer shall receive the amount of 500 rials for each completed application, and the application shall meet all the requirements of the agreement.

The amount mentioned for the Umrah shall include all movements, accommodation, food, clothing and all that the performer needs to perform the Umrah.

The performer must provide us with a bank account at a local bank in his personal name in the national identity.

 The amount is transferred to the performer within a maximum of 10 days of the correct completion of the application.

The performer shall bear any fees or added value related to service performance or transfer of money and the application is entitled to deduct these fees from the amount before it is transferred to the performer.  

 The application may set administrative fees for the service within the application, while at the same time the application notifying the performer of such fees before deducting it from the amount.   

The performer shall bear full legal liability for the transfer data provided to us and the application shall not be liable in any way if the means of transfer is illegal or if the performer is unable to receive his receivables.

The application shall not incur any legal liability or compensation in case of confiscation of the amount from official entities within Saudi Arabia for any reason. 

 

11. Cancellation Policy

 Once the client has applied through the application, the client cannot cancel the application unless 24 hours have passed since the application was submitted.

The performer has the right to cancel the Umrah before the intention step to perform the Umrah, but then the performer will not have the right to cancel the Umrah.

The application is entitled to a permanent ban on the account of the performer of the Umrah and the client also has the right to claim compensation in the event that the performer cancels the Umrah in violation of the provisions of this agreement without legal justification and within the specified period of time.

 

12. Other Parties

Other Parties may assist us in providing our services and the application shall not have any legal liability for any direct or indirect errors or any deliberate or unintentional errors occurring from other Parties providing services via the Application.

It may apply to the user terms and conditions relating to other parties and these terms and conditions are not subject to our control and the user must therefore view and approve to these policies before benefiting from the services provided by other parties through us.  

 

13. Intellectual property rights

 The application and all of its elements either material or moral shall be regarded as a private property of the Enabatalmansek company and shall not be copied, re-exploited or imitated in any way. All contents of the application such as (content, lists, texts, images, videos, symbols, numbers, letters, icons, buttons, music, data, information) are subject to legal protection in accordance with the laws of Saudi Arabia and international conventions and we have the right to defend our copyright in all legal ways.

 

This trademark used in the application shall not be violated, copied, circulated or used on any trademarks or services other than ours, because it is a special brand for Enabatalmansek company, and we are entitled to take all legal measures that preserve all our business rights in case of abuse of this trademark.

 

 14. Legal liability  

Each performer is personally responsible for all the activities that he or she performs through the application, and the application will not have the joint or subsidiary responsibility of any user.

Each performer is personally responsible for failing to bind with the obligations imposed on him or her in accordance with these conditions or applied policy.

Any performer or user is personally responsible when he or she violates the laws in force in Saudi Arabia or in the State of which he or she belongs, and the application will not have the joint or subsidiary responsibility of any user.  

The performer and the user shall bear legal responsibility in the event that he or she violates any of our rights in accordance with these terms and conditions or in the event that any of our rights, property or elements thereof is violated.

The performer and user shall bear legal responsibility in case of abuse of the application in any website, application, social communication, e-mail or other means.

The performer and the user shall assume legal responsibility in the event of abuse of any other person through the application, and the application shall have no original, subsidiary or joint responsibility.

The performer is obliged to compensate us for all damages caused to the application as a result of any illegal use or not authorized by the user or any of his staff.  

The performer is obliged to compensate us in the event that he or she offend us or offend the administration of the application, employees, partners, distributors, agents or members of us, or any person who belongs to the (Twkil application).

We reserve all our legal rights arising out of this Agreement at any time, and not to use that right at a given time does not mean to waive it at all times.

 

15. liability waiver  

The performer disclaims our responsibility for all illegal activities that are not related to us and that may occur through the application. The application cannot control all acts carried out through it. The aggrieved must inform us to take the necessary action towards the source of the damage.

The application may be discontinued from time to time and may be permanently discontinued for voluntary or forced reasons. Therefore, you exempt us from any legal liability in case of permanent or temporary discontinuation of the application or any of its services due to compelling circumstances beyond our control.

The application does not provide any type of insurance or compensation to any of its users. Each person shall assume personal responsibility by using the application and its services, and the application shall not be responsible for any of the users for any reason for using the application or its services or for applying our terms and regulations.

Application is not responsible for any comments or content posted through it, or for any communications within or outside the application.

The performer disclaims the responsibility of the application for all errors he commits, whether deliberate or unintentional.

 

16. Communications and notifications 

The app communicates with you from time to time through the contact details you provided to us, and in accordance with this agreement you authorize us to communicate electronically or by telephone. If you do not want to receive communications from us, you must notify us and we will immediately stop communicating with you, but this means that our services may be permanently discontinued for you.

 

17. Amendments and additions

You must know and agree that our services may be modified or updated continuously, as well our terms, conditions and privacy policy may be amended, updated or added from time to time. You must know and agree that our services may be constantly modified or updated, that our terms and conditions and privacy policy may be modified, updated or added from time to time, and that the application will not be obliged to notify any of its users, so you have to review this agreement before any activity you do through application, Accordingly, you should recognize the right of the Enabatalmanasek application at any time and without prior notice. Only the Enabatalmanasek application has the right to revise these terms and conditions or to impose or obtain new terms and conditions for application services. At the same time, you have the responsibility to revise these terms and conditions periodically to revise any modification to these terms and conditions. Your use or access to the Enabatalmanasek Application's products or services means that you agree to these revisions or additions.  

 

18. Cancellation

The application has the right to cancel any of its services or modify and change the application completely or change its activity. We are also entitled to revoke or replace privacy policy, terms and conditions at any time without requiring your consent.

 

19. Privacy and confidentiality

Data collection and processing are subject to the privacy policy adopted by the application, which is considered an integral part of the terms and conditions.

The user is obliged to maintain the confidentiality of all internal transactions related to the application and all financial reports, commissions, fees, employees' data and any data or documents authorized for specific persons to access or are not prepared to be shared with others.

The user is obliged not to collect or exploit any private data of other parties using the application such as clients and service providers, and the use of the data is limited to the purposes of providing or utilizing the services only.

The App reserves the confidentiality of all data provided to us or related to your activities within the App and is accessed by our employees and our service providers and the third parties relevant this data or persons expressly authorized by the user or application using the data or by virtue of the nature of the handling itself that permits this.  

 

20. Law  

The interpretation and implementation of the provisions of this agreement shall be governed by the laws in force in Saudi Arabia, and these conditions are not limited to the provisions contained therein, but extend to all legal texts regulating civil and commercial relations, insofar as they are complementary rules and do not directly or indirectly contradict with the provisions contained in the document.

 

21. Jurisdictional competence  

The Saudi Commercial Justice is competent to adjudicate any dispute concerning the interpretation or implementation of any of the provisions of this agreement in accordance with the laws of Saudi Arabia. In the event that any clause is excluded in accordance with a judicial decision, it shall not prejudice the validity of the other clauses and shall remain in force and produce their legal effects unless the application rescinds the agreement.

 

22. Compensations

The performer of Umrah on behalf of others is obliged to provide the service to the client in the manner advertised in the application and assumes legal responsibility in case of breach of this obligation. The client has the right to refer to the performer of Umrah on behalf of others before all the competent authorities.

The performer must know and agree that the application does not provide any kind of insurance or compensation for any damage to the performer during the performance of the service and the performer shall bear all the results arising from the performance of the service, including release of responsibility of all damages, fines, accidents, intentional errors, negligence, death, etc.

 

23. Arabic Language

This document has been drafted in Arabic, and if this document is translated into any other language, the Arabic text is applicable to all official and non-official bodies if the translation contradicts with the Arabic text.

 

24. Duration and Withdrawal  

These terms and conditions shall enter into force from the date of registration of your data through Enabatalmanasek application or using any of our services which do not require subscription or registration in the application and shall remain in force unless terminated in accordance with the provisions contained in these terms and conditions.

 

25. Contact us  

You can communicate with us via: E-mail: info@enabatalmanasek.com and mobile number of our accounts in the social media: 00966565900059

 

Enabatalmanasek application information

The application is a digital platform aimed at realizing the desire of many Muslim men and women around the world who have not had the opportunity to perform the Umrah themselves for disability, illness, poverty or to perform Umrah on behalf of other deceased parents or relatives, and this platform serves as a reliable digital medium from Mecca in the Land of the Two Holy Mosques. It connects service users and Umrah performers, who have been carefully selected and have qualifying courses under the supervision of the Legal committee, by directly communicating through audio- visual application, and by enabling beneficiaries to see the agent through the activation of visual communication during the performance of Umrah.