Performer Terms and Conditions

1. Introduction

These Terms and Conditions govern the relationship between Tawkeel Commercial Services Company (the “Company”) and the Umrah-by-Proxy Service Performer (the “Performer”) registered on the Tawkeel App.

By registering, accessing, using the App, or accepting any Umrah request, the Performer expressly agrees to be bound by these Terms and Conditions.

2. Definitions

The following terms shall have the meanings assigned to them below:

• App: The Tawkeel App, including all related services and websites.
• Company: Tawkeel Commercial Services Company.
• Performer: A natural person registered on the App to perform Umrah-by-Proxy services.
• Client or Principal: The person requesting an Umrah-by-Proxy service through the App.
• Request: An Umrah assignment allocated to the Performer through the App.
• Compensation: The financial amount payable to the Performer for approved and completed requests.

3. Performer Status

The Performer acknowledges, understands, and agrees that:

• The relationship between the Performer and the Company is that of an independent service provider.
• Registration on the App does not create any employment, partnership, agency, joint venture, or labor relationship between the Performer and the Company.
• The Performer is solely responsible for complying with all applicable legal, regulatory, personal, and professional obligations related to the services provided.

4. Eligibility and Registration Requirements

To register and continue providing services through the App, the Performer must:

• Be at least eighteen (18) years of age.
• Be physically located within the City of Makkah, Kingdom of Saudi Arabia.
• Hold a valid Saudi National ID or Resident Permit (Iqama).
• Maintain a personal bank account registered under the Performer's own name.
• Provide accurate, complete, and up-to-date information and supporting documents.
• Keep account information current and accurate at all times.

The Company reserves the right to reject, suspend, or terminate any registration or account where eligibility requirements are not met or Company policies are violated.

5. Assignment of Requests

• Requests are assigned to Performers through the Company's electronic system in accordance with operational and business criteria determined by the Company.
• The Performer is not entitled to any guaranteed number of requests or minimum level of assignments.
• The Company reserves the right to reassign, redistribute, postpone, or cancel requests as required for operational or administrative reasons.

6. Performer Obligations

The Performer agrees to:

• Perform the Umrah in accordance with recognized Islamic principles and practices.
• Complete assigned requests within the timeframe specified by the Company.
• Follow all operational procedures and instructions issued by the Company.
• Conduct themselves professionally and respectfully.
• Maintain the confidentiality of client information and data.
• Refrain from misusing the App or any of its services.
• Provide all evidence required by the Company to verify completion of the assigned service.

7. Validity of Umrah Performance

The Performer acknowledges that they are religiously and legally qualified to perform Umrah on behalf of others in accordance with applicable Islamic principles.

The Performer further warrants that all information, records, photos, videos, documentation, and verification materials submitted through the App are truthful, accurate, and reflective of the actual performance of the service.

The Performer shall bear full responsibility for any false, misleading, inaccurate, or fraudulent information or evidence submitted.

8. Verification of Service Completion

The Performer acknowledges that verification of service completion is an essential contractual obligation.

The Company may require any of the following verification methods:

• Photographs.
• Video recordings.
• Geolocation data during service performance.
• Any additional verification measures deemed necessary by the Company.

The Company reserves the right to reject, withhold approval of, or invalidate a request if the required evidence is not provided or is deemed insufficient, inaccurate, misleading, or unreliable.

9. Compensation and Payments

• The Company determines the compensation applicable to each request.
• Compensation may be adjusted by the Company based on seasonal, operational, or business considerations.
• Any adjustment shall not affect requests that have already been completed and approved.
• Compensation is payable only after successful completion and approval of the assigned request.
• Payment of earned compensation shall be processed in accordance with the Company's financial procedures.
• Compensation shall generally be paid within a maximum period of thirty (30) days from the date it becomes payable, unless operational, regulatory, financial, or legal circumstances require additional review.

10. Cancellation and Non-Performance

Where a Performer accepts a request and subsequently fails to complete it without a justification accepted by the Company:

• The Company may impose a contractual penalty of up to fifty (50) Saudi Riyals per request.
• The Company may reassign the request to another Performer.
• The Company may take additional measures based on the Performer's performance history and the frequency of such violations.

Cases involving force majeure or justifiable circumstances accepted by the Company shall be reviewed on a case-by-case basis.

11. Confidentiality and Off-Platform Communication

The Performer shall maintain the confidentiality of all information obtained through the App.

The Performer is prohibited from:

• Using client information for any purpose unrelated to service performance.
• Sharing client information with any third party without authorization.
• Contacting clients outside the App for the purpose of providing services directly.
• Soliciting, diverting, or attempting to move clients to external platforms, channels, or personal accounts.

Any violation of this provision may result in suspension or termination of the account, withholding of payments, legal action, and claims for damages.

12. Performance Monitoring and Evaluation

The Company reserves the right to continuously monitor and evaluate the Performer's performance based on various criteria, including:

• Quality of service delivery.
• Compliance with operational requirements.
• Completion rates.
• Cancellation rates.
• Customer complaints and feedback.
• Compliance with service verification requirements.

Based on performance evaluations, the Company may:

• Reduce the number of assigned requests.
• Temporarily suspend the account.
• Permanently terminate the account.
• Take any other operational measures deemed appropriate to maintain service quality.

13. Violations and Misconduct

The following actions constitute material violations of these Terms and Conditions:

• Fraud, deception, or manipulation.
• Submission of false, inaccurate, misleading, or fabricated information.
• Uploading fraudulent photographs, videos, or verification materials.
• Misuse of the App or its services.
• Poor service delivery.
• Repeated performance deficiencies affecting service quality.
• Identity fraud or impersonation.
• Use of another individual's account.
• Violation of applicable laws, regulations, or operational policies.
• Unauthorized use or exploitation of client information.

14. Company Remedies and Enforcement Actions

The Company may, at its sole discretion, take any of the following actions in response to violations:

• Issue warnings or notices.
• Temporarily suspend the account.
• Permanently terminate the account.
• Withhold or delay payment of compensation.
• Deduct amounts necessary to compensate for damages resulting from violations where permitted by law.
• Initiate legal or regulatory proceedings.

The action taken shall depend on the nature, severity, and recurrence of the violation.

15. Intellectual Property

All rights, title, and interests relating to the App, website, software, trademarks, logos, designs, content, technology, and related materials are the exclusive property of the Company.

The Performer may not copy, reproduce, distribute, modify, exploit, or otherwise use any intellectual property of the Company without prior written authorization.

16. Disclaimer of Liability

• The Company makes reasonable efforts to ensure the availability and continuity of its services.
• The Company does not guarantee uninterrupted, error-free, or continuous operation of the App.
• The Company shall not be liable for circumstances beyond its reasonable control, including force majeure events, third-party failures, technical interruptions, or regulatory actions.

17. Amendments

The Company reserves the right to amend, update, or revise these Terms and Conditions at any time.

Updated versions will be published through the App or website, and continued use of the App following publication constitutes acceptance of the revised Terms and Conditions.

18. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia.

Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts and judicial authorities of the Kingdom of Saudi Arabia.

19. Contact Information

For inquiries regarding these Terms and Conditions, please contact:

Support Email: support@tawkeel.com

Privacy Email: privacy@tawkeel.com

By registering with, accessing, using, or accepting any request through the Tawkeel App, the Performer acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions in their entirety.