Terms and Conditions
Terms and Conditions
These Terms and Conditions include the general terms of use applicable to your use of the Tswrni application or website. Please read these Terms and Conditions carefully. These Terms and Conditions include information about your rights and obligations and other important information regarding your use of the Tswrni application or website.
General Terms of Use
First: Contractual Relationship
These Terms and Conditions, including the general terms of use and conditions collectively referred to as (“Terms“), govern access or use by individuals within the Kingdom of Saudi Arabia to the application, websites, content, products, and services (“Services“) provided by Lahza Electronic Marketing Company, a limited liability company established in the Kingdom of Saudi Arabia with its main office in Riyadh, Commercial Registration No. 1010980811, Chamber of Commerce No. 902623, and E-Commerce Authentication Certificate No. 0000097671 issued by the Saudi Business Center, hereinafter referred to as the website, platform, or Tswrni application.
Please read these Terms carefully before accessing or using the Services.
A: Regulations, Terms, and Conditions for Users (Customers) of the Tswrni Application
These regulations and terms represent a formal agreement (“Contract“) between Lahza Electronic Marketing Company, referred to as the application (“Tswrni“) as the first party, and the application users (“Customers“) as the second party. The application is a website, platform, or electronic application that markets on behalf of third parties various types of photography services, connecting customers with photographers and photography partners to provide photography services of all kinds, whether at their homes or at locations pre-determined by the customers. Tswrni enables customers to choose the appropriate photographer and pricing offers suitable for them to carry out the photography process. Customers are obligated to pay the agreed fees to the photographers according to the payment terms specified in the application. Tswrni is committed to providing a safe and user-friendly platform for users and protecting their personal data. Any use of the Services provided by Tswrni by you constitutes your agreement to this Contract and its provisions. Accordingly, you must not use the application or website if you do not agree to the terms and conditions set forth in this Contract. Tswrni reserves the right to modify or change these terms and conditions without prior notice, and it is your responsibility as a user to periodically review the terms and conditions of use to stay informed of updates to these terms and conditions via the link. We also encourage you to review our Privacy Policy to learn more about how Tswrni uses the information provided by users of the application or website.
B: Regulations and Terms for Service Providers, Photographers, and Photography Partners of the Tswrni Application
These regulations and terms represent a formal agreement (“Contract“) between Lahza Electronic Marketing Company, referred to as the application (“Tswrni“) as the first party, and photography service providers and photography partners (“Photographers“) as the second party. These service provider terms govern your use of the Tswrni application, which is an application that allows photographers and photography partners to promote and offer their services and products, showcase their skills and specifications, and facilitate communication between photographers and customers seeking various types of photography services. Photographers are obligated to provide their services in accordance with recognized professional standards, including accuracy, quality, speed, and compliance with all applicable laws and regulations in the Kingdom of Saudi Arabia for photographing products, private or public events, conferences, or meetings at locations pre-determined by customers. Tswrni charges a commission for each photography transaction completed through the application, according to the rates specified in the application.
Any use of the Services provided by the Tswrni application by you constitutes your agreement to this Contract and its provisions. Accordingly, you must not use the application if you do not agree to the terms and conditions set forth in this Contract.
Tswrni reserves the right to modify or change these terms and conditions without prior notice, and it is your responsibility as a user to periodically review the terms and conditions of use to stay informed of updates to these terms and conditions via the link here.
We also encourage you to review our Privacy Policy to learn more about how Tswrni uses the information provided by users of the application. Your access to and use of the Services constitutes your agreement to be bound by these Terms, establishing a contractual relationship between you and Tswrni. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements made with you. Tswrni may terminate these Terms or any Services related to you immediately or generally cease offering the Services or deny access to them or any part thereof at any time and for any reason. Supplemental terms may apply to certain services, such as policies for a specific event, activity, or promotional campaign, and such supplemental terms will be disclosed to you in connection with the services provided. Supplemental terms are added to and considered part of these Terms for the purposes of the services provided. Supplemental terms prevail over these Terms in case of conflict with respect to the services provided. Tswrni may amend the Terms related to the Services from time to time. Amendments take effect when Tswrni posts these updated Terms on this website or the amended policies or supplemental terms related to the service provided. Your continued access to or use of the Services after such posting constitutes your agreement to be bound by the Terms as amended. We collect and use personal data in connection with the Services as set forth in Tswrni’s Privacy Policy, which can be accessed here. Tswrni may provide necessary information (including your contact information) to claims settlement companies or insurance companies in case of a complaint, dispute, or conflict, which may involve an incident between you and photography service providers or partners, where such information or data is necessary to resolve the complaint, dispute, or conflict. Any dispute or claim arising from this website or related to it must be subject to and interpreted in accordance with the laws of the Kingdom of Saudi Arabia, which stipulate that the governing law is the local law.
Second: Services
Tswrni is a platform that enables users of mobile applications or Tswrni’s websites, available as part of the Services, each referred to as (“Application“), to facilitate and schedule photography services or services with independent third-party providers, including photography service providers and independent photography partners under an agreement with Tswrni or some of its subsidiaries (“Photography Service Providers“). The Services are provided solely for your personal, non-commercial use unless Tswrni agrees otherwise in a separate written agreement with you. You undertake that Tswrni does not provide photography services or operate as a photography company and that all photography services are provided by independent third-party providers who are not employed by Tswrni or any of its subsidiaries.
License
Subject to your compliance with these Terms, Tswrni grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to: (1) access and use the platform or application on your personal device solely in connection with your use of the Services; and (2) access and use any content, information, and related materials that may be provided through the Services, in all cases for personal, non-commercial use only. Tswrni and its licensors retain any rights not expressly granted in these Terms. Tswrni does not grant photography licenses and is not authorized to issue photography licenses in the Kingdom of Saudi Arabia. The entities authorized to issue photography licenses in the Kingdom of Saudi Arabia are: (1) Ministry of Culture and Media; (2) Ministry of Interior; (3) General Authority of Civil Aviation for operating drones; (4) Ministry of Human Resources and Social Development (freelance work document); (5) Ministry of Commerce; (6) Other relevant authorities. Below are some examples of situations where approval must be obtained from the competent authorities in the Kingdom of Saudi Arabia before photographing:
- Photography in public places, including streets, squares, and public parks, during public events, such as national or religious celebrations.
- Photography in private places, including homes, businesses, and government buildings, for the purpose of recording events or incidents.
- Photography of individuals, including celebrities or public officials, for the purpose of publishing or using their images for commercial purposes.
- Photography for promotional or advertising purposes, such as photographing product or service advertisements.
- Photography for political or religious purposes, such as photographing protests or demonstrations.
If you wish to photograph in the Kingdom of Saudi Arabia, it is important to obtain a license from the competent authority before photographing. You can obtain this information from the relevant authorities in the Kingdom of Saudi Arabia, such as the Ministry of Culture and Media, the Ministry of Interior, or other relevant authorities. As for the Tswrni application, it provides a service to connect customers with photographers for photography and assist photographers in developing their skills and improving the quality of their work, but it does not have the legal authority to issue photography licenses. However, it offers this service as a complementary service to its customers.
If you wish to photograph in the Kingdom of Saudi Arabia, it is important to obtain a license from the competent authority before photographing, even if you are dealing with the Tswrni application.
Tswrni does not work with individual photographers unless they are registered with the Ministry of Media in the Media Professionals Department, registration is free.
The applicant must have experience in the media field. Media Professionals Registration: Target Group Saudi-Foreigner. A certificate issued by the Authority for those working in the media sector in the Kingdom. As for companies and institutions, issuance of a document allowing institutions and companies to practice commercial media work systematically.
Limits and Restrictions
You are not permitted to: (1) remove any copyright, trademark, or other proprietary notices from any part of the Services; or (2) reproduce, modify, prepare derivative works from, distribute, license, lease, sell, resell, transfer ownership, publicly display, publicly perform, broadcast, stream, publish, or otherwise exploit the Services except as expressly permitted by Tswrni; or (3) manipulate, reverse-engineer, or disassemble its code except as permitted by applicable laws; or (4) create a link to any part of the Services or create mirror copies of them; or (5) create or cause the creation of any programs for the purpose of scraping, indexing, deleting, or exploiting data, or improperly burdening or hindering the operation or functionality of any aspect of the Services; or (6) attempt unauthorized access to the Services or damage any of their aspects or related systems and networks.
Provision and Availability of Services
You agree that Tswrni may provide parts of its Services under different brands or request options associated with photography services or other services, including types of photography services currently referred to as photographic photography, cinematic photography, drone photography, editing services, and other photography services. You also agree that Tswrni may provide these Services through its affiliates or independent third-party providers, including corporate photographers and holders of photography permits or similar licenses.
Third-Party Services and Content
The Services may be provided or accessed in conjunction with third-party services and content (including advertising) that are not under Tswrni’s control. You acknowledge that different terms of use and privacy policies may apply to your use of third-party services and content. Tswrni does not endorse third-party services and content and is not liable under any circumstances for any products or services of third-party providers. Additionally, Google, Microsoft, or their international affiliates and subsidiaries are considered third-party beneficiaries of this Contract if you access the Services using applications designed specifically for Apple iOS, Android, or Microsoft Windows mobile devices, respectively. These third-party beneficiaries are not parties to this Contract and are not responsible for providing or supporting the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary’s terms of service.
Ownership Rights
The Services and all related rights remain the exclusive property of Tswrni or its licensors. Neither these Terms nor your use of the Services grant you any rights: (1) in or related to the Services except for the limited license granted above; or (2) to use or reference in any manner Tswrni’s company names, logos, product and service names, trademarks, or service marks or those of its licensors.
Third: Your Use of the Services
User Accounts
To use most aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years old or the age of legal majority in your jurisdiction (if different from 18) to obtain an Account. Account registration requires you to provide certain personal information to Tswrni, such as your name, address, mobile phone number, age, and at least one valid payment method (either a credit card or an accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate, complete, and up-to-date information, including having an invalid or expired payment method, may result in your inability to access or use the Services or Tswrni’s termination of these Terms with you. You are responsible for all activities conducted under your Account and agree to maintain the security and confidentiality of your Account username and password at all times. You may not have more than one Account unless Tswrni permits otherwise in writing.
User Rules
The Service is not available for use by persons under 18 years of age. You may not authorize third parties to use your Account, nor allow persons under 18 to receive photography or other services from third-party providers unless they are accompanied by you. You may not assign or transfer ownership of your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and may use them only for lawful purposes (e.g., photographing illegal or hazardous materials). When using the Services, you may not cause harm, annoyance, harassment, or property damage to third-party providers or any other parties. In some cases, you may be required to provide proof of identity to access or use the Services, and you agree that you may be denied access or use if you refuse to provide proof of identity.
Text Messages
By creating an Account, you agree that the Services may send you informational text messages as part of the normal business operation of your use of the Services. You may opt out of receiving text messages from Tswrni at any time by sending an email to here stating that you no longer wish to receive such messages, including the mobile number receiving them. You acknowledge that opting out of text messages may affect your use of the Services.
Promotional Rewards and Coupons
Tswrni may, at its discretion, create promotional rewards or coupons that may be redeemed and added to the Account or other benefits or advantages related to the Services or third-party providers’ services, subject to any additional terms established by Tswrni for each promotional reward or coupon (“Promotional Rewards and Coupons”). You agree that Promotional Rewards and Coupons: (1) must be used for the intended purpose and in a lawful manner; (2) may not be copied, sold, transferred, or made available to the public (whether posted publicly or otherwise) unless expressly permitted by Tswrni; (3) may be disabled or canceled by Tswrni at any time and for any reason without legal liability; (4) may only be used in accordance with the specific terms established by Tswrni for each promotional reward or coupon; (5) are not redeemable for cash; (6) may expire before you use them; and (7) must be used fairly. Tswrni reserves the right to withdraw or deduct added credits, benefits, or other advantages obtained through the use of Promotional Rewards or Coupons by you or any other user if Tswrni determines or believes that the use or redemption of the Promotional Rewards or Coupons was erroneous, fraudulent, illegal, or in violation of the applicable terms and conditions.
User-Provided Content
Tswrni may, at its discretion, allow you from time to time to submit, upload, publish, or provide textual, audio, or visual content and information to Tswrni through the Services, including comments and feedback related to the Services, support requests, and submissions for competitions and promotions (“User Content”). Any User Content you provide remains your property. However, by providing User Content to Tswrni, you grant it a perpetual, irrevocable, non-transferable, royalty-free license, along with the right to sublicense, use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services, Tswrni’s business, and third-party websites and services), without further notice or consent from you and without the need for payment to you or any other person or entity. You undertake and warrant that: (1) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents, and releases necessary to grant Tswrni a license to use User Content as set forth above; and (2) neither the User Content nor your submission, uploading, publishing, or provision of User Content, nor Tswrni’s use of User Content, will infringe, misappropriate, or violate any third-party intellectual property rights, proprietary rights, copyrights, or privacy rights, or result in the violation of any applicable laws or regulations. You agree not to provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Tswrni in its sole discretion, whether or not such material is protected by law. Tswrni may review, monitor, or remove User Content at its sole discretion at any time and for any reason without notice to you, though it is not obligated to do so.
Fourth: Fees and Payment
What Are the Available Payment Options
You can choose one of the following options to pay for all your orders through Tswrni: Credit and other cards (Visa, MasterCard, American Express, Mada). Accepted currency: Saudi Riyal. The cardholder must retain a copy of the transaction records and the merchant’s policies and rules. Apple Pay is available as a payment method for specific countries through our application when using a supported device. If Apple Pay is available in your country, you will see this option at checkout. You understand that using the Services may result in fees charged to you for the services or goods you receive from a third-party provider (“Fees”). After receiving the services or goods obtained through your use of the Service, Tswrni will facilitate your payment of the applicable Fees on behalf of the third-party provider as its limited payment collection agent. Payment of the Fees in this manner is deemed effective as if paid directly by you to the third-party provider. Fees will include applicable taxes as required by law. All Fees paid are final and non-refundable unless otherwise determined by Tswrni. You retain the right to request a reduction in Fees from a third-party provider for services or goods received at the time of receiving such services or goods. Accordingly, Tswrni will respond to any request from a third-party provider to adjust the Fees for a specific service or good. All Fees are due immediately and payment is facilitated by Tswrni using your preferred payment method specified in your Account, after which Tswrni will send you a receipt. You agree that Tswrni, as the payment collection agent for the third-party provider, may use a secondary payment method in your Account, if available. As agreed between you and Tswrni, Tswrni reserves the right to establish, cancel, or revise Fees for any or all Services or goods obtained through the use of the Services at any time at Tswrni’s sole discretion. Furthermore, you acknowledge and accept that applicable Fees in certain geographical areas may increase significantly during times of high demand. Tswrni will make reasonable efforts to notify you of Fees that may apply to you, provided that you are responsible for Fees incurred in your Account regardless of your awareness of them or their amounts. Tswrni may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts paid for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, have no bearing on your use of the Services or the Fees charged to you. You may cancel your request for Services or goods at any time, provided it is at least eleven (11) days before the date of the initial event. For more details, see the Cancellation Policy here. If the prohibited period is entered, you may be required to pay a cancellation or modification fee or not receive a full refund. This aims to fully compensate the third-party provider for the services and goods provided. Tswrni does not allocate any portion of your payments as tips or gratuities to the third-party provider. Any statement by Tswrni (on its website, in the application, or in Tswrni’s marketing materials) that tips are “voluntary,” “not required,” or “included” in the payments you make for services or goods provided is not intended to suggest that Tswrni provides any additional amounts to the third-party provider beyond the amounts specified above. You understand and agree that while you are free to provide additional payments as tips to any third-party provider who provides you with services or goods through the Service, you are not obligated to do so.
Electronic Payment (Payment Gateways)
Tswrni uses the secure mada payment system:
Purchases through the Tswrni application are made in Saudi Riyal. The systems listed above are among the secure payment gateways used for online payment transactions. All payments are processed automatically with immediate response. Neither Tswrni nor any third party can access credit card numbers. Secure payment systems provide highly effective protection against fraud, ensuring that your online transactions are conducted with a high degree of security. All transaction data processed through the secure payment system is encrypted. The secure payment system is approved by all major banks. The secure payment system transfers funds from your credit card directly to the beneficiaries’ account without compromising the privacy of your funds.
Applicable Law
The terms and conditions of electronic purchases are subject to and interpreted in accordance with the laws of the Kingdom of Saudi Arabia. The courts of the Kingdom of Saudi Arabia shall have jurisdiction to hear any dispute related to these terms and conditions.
Refund Policy
Refunded amounts will be returned to the original payment method and processed within 10 to 45 days, depending on the issuing bank of the credit card.
Pricing Method
The price of the photography service in the application is determined through offers submitted by photographers and photography partners to the customer. The customer has the right to review all offers submitted and accept the suitable offer before the service is provided. The customer’s acceptance of the submitted offer constitutes an obligation to pay the service amount upon completion, as outlined in Fees and Payment (Fourth) above. In case of the customer or photographer/photography partner not attending, refer to the terms and conditions related to non-attendance as explained in the Non-Attendance Terms and Conditions (Fifth) below.
Fifth: General Terms and Conditions Related to Non-Attendance
The purpose of the non-attendance policy is to protect the rights of all parties involved, including Tswrni, employees, customers, photographers, photography partners, or participants in the event. A non-attendance policy can help prevent disputes and ensure that any absence is handled fairly and equitably.
Terms and Conditions Related to Customer Non-Attendance
If the customer does not attend at the specified time, the photographer is entitled to perform the service without the customer based on the customer’s instructions.
The customer has the right to reschedule the service to another date by accessing their account in the Tswrni application, then selecting the modification service for a non-refundable fee of 300 SAR in all cases, provided it is at least 48 hours before the event. In case of non-notification and non-attendance, the customer is not entitled to claim compensation, and the amount is non-refunded in full. For more details, see the Modification Policy here.
Cases Where the Photographer Is Not Entitled to Take Any Action
If the customer is unable to attend to perform the photography service due to circumstances beyond their control, the contractual terms require contacting technical support at least 48 hours before the event through the Tswrni application or website. Technical support will verify the issue and determine its cause. If the issue is beyond the customer’s control, such as bad weather, an accident, or the death of the primary beneficiary, coordination will be made with the photographer to reschedule the service to another date for an additional fee of 300 SAR to be paid by the customer in advance.
Customer Non-Attendance Agreement
In case of the customer’s non-attendance at the agreed event or service, the customer bears full responsibility for any damages or losses caused by their absence. The customer is entitled to provide a substitute in case of non-attendance, and the photographer and photography partners are entitled to perform the service without the customer based on the agreement between them. As a photographer or photography partner, I acknowledge that the customer is responsible for their non-attendance, and I agree, as a photography service provider, not to claim any material or moral compensation, or both, from Tswrni for the customer’s non-attendance.
Damages and Losses That Tswrni, Photographers, and Photography Partners May Incur in Case of Customer Non-Attendance
Damages and Losses: (1) Loss of revenue; (2) Labor costs; (3) Equipment costs; (4) Transportation costs; (5) Marketing costs; (6) Loss of business opportunity; (7) Loss of reputation; (8) Exposure of Tswrni to legal penalties.
Responsibility: In case of customer non-attendance, they bear full responsibility for any damages or losses caused by their absence.
Refunds: The full amount is non-refunded, and in some cases, the customer may be entitled to a refund in case of non-attendance, depending on Tswrni’s policy for the service, product, or event provided.
Substitutes: The customer is entitled to provide a substitute in coordination with the photographer and photography partners in case of non-attendance. Through this agreement, you agree to bear responsibility for any damages or losses caused by your non-attendance.
Terms and Conditions Related to Non-Attendance of the Photographer or Photography Partners
If the photographer does not attend at the specified time, the customer is entitled to cancel the service and receive a full refund except for the modification fee (non-refunded) in case of modification before the event or occasion. If the photographer does not attend at the specified time, the customer is entitled to reschedule the service to another date through the Tswrni application and contractual terms by contacting technical support without any additional material or moral compensation, or both.
Cases Where the Customer Is Not Entitled to Take Any Action
If the photographer is unable to attend due to: (1) a health emergency or accident; (2) circumstances beyond their control, such as bad weather; or (3) equipment failure or staff shortage. If the photographer does not attend to perform the photography service due to circumstances beyond their control, the contractual terms require contacting technical support before the event day and as soon as possible to report the situation. Upon notification of an issue with the photography service, technical support will verify the issue and determine its cause. If the cause is beyond the photographer’s control, such as bad weather or equipment failure, a substitute will be provided for the customer.
Photographer and Photography Partners Non-Attendance Agreement
In case of non-attendance of the photographer or photography partner at the agreed event or service, Tswrni is not responsible for any claims for material or moral compensation arising from the non-attendance of the photographer or photography partner. As a customer, I acknowledge that the photographer or photography partner is responsible for their non-attendance, and I agree, as a customer, not to claim any material or moral compensation from Tswrni for the photographer’s non-attendance for the photography service.
Damages and Losses That Tswrni May Incur in Case of Non-Attendance of the Photographer or Photography Partner
Damages and Losses: (1) Loss of revenue; (2) Labor costs; (3) Service costs; (4) Technical support costs; (5) Marketing costs; (6) Loss of business opportunity; (7) Loss of reputation; (8) Exposure of the company to legal penalties. Through this agreement, you agree to bear responsibility for any damages or losses caused by your non-attendance as a photographer or photography partner.
Procedures Followed in Case of Notification to Technical Support and Provision of a Substitute
Procedures: (1) The photographer contacts technical support and reports the issue; (2) Technical support verifies the issue and determines its cause; (3) If the cause is beyond the photographer’s control, a substitute is provided for the customer; (4) Technical support contacts the customer to arrange the provision of the service by the substitute.
The Substitute Provided to the Customer May Be
Another photographer of the same or higher level, or cancellation of the service and a full refund.
The Choice of Substitute Depends on Several Factors, Such As
The importance of the service to the customer, the time available to the customer, and the same cost.
Procedures
In case of non-attendance of the photographer and photography partners to cover the event without prior notification before the event day, Tswrni is entitled to take appropriate actions against the photographer and photography partners.
Exceptions
In case of emergency or unforeseen circumstances, the company, organization, or individual concerned may allow non-attendance without prior notification based on the situation.
Acceptable Reasons for Non-Attendance
Acceptable Reasons: (1) Chronic illness; (2) Emergency weather conditions; (3) Death, God forbid. However, the case will be reviewed, and if the reason is not convincing, appropriate action will be taken.
Actions Tswrni May Take in Case of Non-Attendance of the Photographer and Photography Partners
Actions: (1) Warning; (2) Fine of 30% of the order value; (3) Suspension of the photographer’s or photography partner’s account for misuse. If one of the parties fails to fulfill its obligations under the Contract, Tswrni may claim compensation. Compensation may include material damage, emotional distress, or both. Tswrni is not liable for any material or emotional damages or losses, or both, arising from the non-attendance of customers, photographers, or photography partners at the contractually agreed event for the photography service. Tswrni is entitled to cancel any obligations or commitments toward such a person.
Sixth: Post-Photography Service Terms and Conditions
You undertake and warrant the following: (1) Delivery Period: Photos or videos are delivered within 10 days from the photography date, unless otherwise agreed upon when placing the order; (2) Intellectual Property Rights: Photos, videos, raw materials, and post-editing materials will be owned by the customer; (3) Copyright: The photographer and photography partner do not own the copyright to the photos and videos unless agreed in writing by the customer; (4) Warranty: The photographer guarantees the quality of photos, videos, and raw materials with the right to three modifications for the customer; (5) Delivery: The customer’s provision of the security code to the photographer and photography partners constitutes the delivery date of the final product in full, whether photos, videos, download links, or raw files; ;(6) Time Period: The photographer and photography partners retain the files for 20 days after the delivery date of the final product and its attachments, whether photos, videos, or raw files. After the 20-day period, the photographer and photography partners are not liable for any loss or damage to data or inability to retrieve files. We strongly recommend that the customer back up the files immediately upon receipt; ;(7)Data Retention: The photographer and photography partners are not entitled to retain files thereafter, and it is considereda violation of the customer’s intellectual property rights unless agreed in writing between the parties;;(8) Responsibility: Tswrni is not responsible in case of any material or emotional damages, or both, or other losses; (9) Modifications: Each party is entitled to make any modifications to the photos or videos, provided the other party agrees to theuse of photos or videosfor commercial or personal purposes after written approval by the customer; (10) Privacy:Protecting the privacy of the parties involved, such as not using photos or videos for commercial purposes without the consent of the parties involved; (11) Post-Photography Dispute Resolution: Negotiation: The parties involved may negotiate directly to resolve the dispute by attempting to find a solution that satisfies all parties; or Mediation: A mediator or conciliator may be engaged to assist the parties in resolving the dispute by providing advice and facilitating negotiation; or Arbitration: Arbitration may be resorted to by forming an arbitration panel to review the dispute and issue a ruling in accordance with the arbitration agreement provisions (Eighth) below; and pursuant to the Compensation (Seventh) below: Tswrni is not liable for any material or emotional damages or other losses resulting from photography unless due to its breach of any obligations set forth in these Terms and Conditionsin accordance with the provisions of Disclaimer; Limitation of Liability; Compensation (Seventh) below.
Seventh: Disclaimer, Limitation of Liability, and Compensation
Disclaimer
The Services are provided “as is” and “as available.” Tswrni disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Tswrni makes no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. Tswrni does not guarantee the quality, suitability, safety, or ability of third-party providers or photographers and photography partners. You agree that the entire risk arising out of your use of the Services or any services or goods requested in connection therewith remains solely with you to the maximum extent permitted by applicable law.
Limitation of Liability
Tswrni shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to or resulting from the use of the Services, even if Tswrni has been advised of the possibility of such damages. Tswrni shall not be liable for any damages, liabilities, or losses arising from: (1) your use of or reliance on the Services or your inability to access or use the Services; or (2) any transaction or relationship between you and any third-party provider, even if Tswrni has been advised of the possibility of such damages. Tswrni shall not be liable for delays or failure in performance resulting from causes beyond Tswrni’s reasonable control. You acknowledge that third-party photography service providers offering services requested through certain request types may provide shared photography services or peer-to-peer photography services and may not be professionally licensed or permitted. In no event shall Tswrni’s total liability to you in connection with the Services for all damages and losses exceed the amount permitted by applicable law. You may use Tswrni’s Services to request and schedule photography services or deliver goods or services by third-party providers, but you agree that Tswrni has no liability or obligation to you regarding any photography services or delivery of goods or services provided by third-party providers except as expressly set forth in these Terms. The limitation of liability and disclaimer provisions in (Seventh) above do not limit liabilities or alter your rights as a customer that cannot be excluded under applicable law.
Compensation
You agree to indemnify and hold Tswrni and its officers, directors, employees, and agents harmless from all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (1) your use of the Services or services or goods obtained through your use of the Services; or (2) your breach or violation of any of these Terms; or (3) Tswrni’s use of your User Content; or (4) your violation of the rights of any third party, including third-party providers.
Eighth: Arbitration (Dispute Resolution)
Except as provided in these Terms, these Terms are subject to and interpreted in accordance with the laws of the Kingdom of Saudi Arabia alone, to the exclusion of any other laws. Any disputes, conflicts, claims, or controversies arising out of or related to these Services or these Terms, including their validity, interpretation, or enforcement (any dispute), must initially be resolved mandatorily through settlement procedures. If the dispute is not settled within sixty (60) days of submitting a request for dispute settlement under mediation rules, it must be referred to arbitration and resolved finally and exclusively under arbitration rules. Emergency arbitrator provisions in the rules are excluded, and the dispute shall be resolved by appointing one (1) arbitrator. The venue for both mediation and arbitration shall be governed by Saudi civil law. The language of mediation and/or arbitration shall be Arabic unless you are a non-English speaker. The existence and content of mediation and arbitration proceedings, including documents, pleadings submitted by the parties, correspondence from the mediator, and correspondence, orders, and decisions issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent of the other party unless: (1) disclosure to the third party is reasonably required in the context of conducting mediation or arbitration proceedings; and (2) the third party agrees unconditionally in writing to be bound by the confidentiality obligations set forth in these Terms.
Ninth: Other Provisions
Claims of Intellectual Property Violation
Claims regarding intellectual property violations should be sent to Tswrni. Please visit Tswrni’s website for the designated address and additional information.
Notices and Notifications
Tswrni may send notices by issuing a general notice regarding the Services, by sending an email to your registered email address in your Account, or by sending a written letter via regular mail to your registered address in your Account. You may send notices to Tswrni by written correspondence to the address.
Tenth: General Provisions
You may not assign or transfer any of these Terms, in whole or in part, without Tswrni’s prior consent. However, you agree to grant your consent to Tswrni to enable it to assign or transfer these Terms, in whole or in part, including to: (1) any subsidiary or affiliate; or (2) an acquirer of Tswrni’s business or assets; or (3) a successor company in case of a merger. No joint venture, partnership, employment, or agency relationship shall arise between you, Tswrni, or any third-party provider as a result of the Contract entered into between you and Tswrni or as a result of using the Services.
Complaints
We are committed to providing an excellent level of service to our customers. We greatly value customer feedback as it helps us continuously improve our services. If you feel that you are not receiving excellent customer service or that something could be improved, please let us know. If we fail to meet the high standards we set for ourselves, we want the opportunity to make things right. However, we recognize that things may go wrong from time to time, and if that happens, we are committed to resolving issues promptly and fairly. You can contact us via email at [email protected] or through the complaints section here.
Upon receiving any complaint, the following actions will be taken: (1) Sending a written acknowledgment of the complaint within five (5) business days of receipt and informing you of any missing details we may require to complete the complaint processing; (2) Investigating the concerns and arranging a discussion with you to try to agree on how to resolve the issues; (3) Responding with our final decision on the matter, outlining the outcome of our investigation and any proposals to rectify or resolve it, within ten (10) business days of receiving your complete complaint; and (4) Reminding you that you may be entitled to refer your complaint to the Saudi Central Bank (“SAMA”) and providing details for doing so at the end of our complaints process.
Errors
If we become aware of any error or malfunction in your Tswrni Account, we will take the following actions: (1) Immediate refund of any amounts collected as a result of the error, as applicable; (2) Addressing and correcting these errors for any affected customers within sixty (60) business days from the date the error is identified; and (3) Notifying you of the error and the corrective actions taken.
Eleventh: Terms and Conditions Related to Value Added Tax
General Provisions
A. These Terms and Conditions (VAT Terms) apply from their issuance date and remain in effect unless expressly terminated by Lahza Electronic Marketing Company (Tswrni). B. Your continued use of the Tswrni application on or after the date you receive these VAT Terms signifies your agreement to these VAT Terms. C. Terms used have the meanings defined in the General Terms of Use above unless expressly defined otherwise in these VAT Terms. D. References to Tswrni in these VAT Terms refer to Lahza Electronic Marketing Company, a limited liability company established in the Kingdom of Saudi Arabia with its main office in Riyadh, registered with the Ministry of Commerce under Commercial Registration No. 1010980811, and registered with the Riyadh Chamber of Commerce under No. 902623, established in accordance with the regulations of the Kingdom of Saudi Arabia.
Application of Value Added Tax on Service Fees
A. In accordance with instructions from the Zakat, Tax, and Customs Authority, VAT is calculated on the total service fee at the prevailing rate. In case of any change in these instructions applied retroactively, Tswrni will seek to refund VAT from amounts subsequently received by Tswrni from the Zakat, Tax, and Customs Authority, in accordance with the VAT Refund provisions in paragraph (C) below.
VAT Refund
A. Tswrni does not guarantee that VAT amounts calculated on the full service fees will be refunded by the Zakat, Tax, and Customs Authority or returned to you. B. Tswrni is entitled to deduct administrative expenses and other costs (including fines and any assessments for unpaid VAT) incurred by Tswrni as a result of applying the Zakat, Tax, and Customs Authority’s instructions before refunding VAT to you. C. VAT amounts returned to you will be added to the Account as transferable, non-cash-refundable credit, available for use in the Kingdom of Saudi Arabia only, and expiring one year from issuance (unless otherwise provided by Tswrni). You agree that you are not entitled to a cash refund of VAT. D. If your Account is deleted or closed at the time you are eligible for a VAT refund, Tswrni will send you an email or refund it as credit (the VAT amount refunded to you) that you can use in the Tswrni application. It is exclusive to you and can be used by opening a new account on the Tswrni application or reactivating your closed account. If your email address is not available in Tswrni’s records (because you did not share it with Tswrni initially or for any other reason), Tswrni will not attempt to contact you, and any VAT refund will be subject to your request in accordance with the details specified in the VAT Refund paragraph (E) below. Tswrni is not responsible for any refunds sent to the email address registered in Tswrni’s records if such notifications are received or used by anyone other than you.
E. If your Account is deleted or closed at the time you are eligible for a VAT refund and Tswrni has not contacted you in accordance with the details specified in the VAT Refund paragraph (D) above, you may contact Tswrni to request a VAT refund. Refunds are made as credit in the Tswrni application in accordance with the details specified in the VAT Refund paragraph (D) above. Tswrni may require you to provide any documents (including receipts for services sent to you via email from Tswrni or through the application) to verify your claim. F. You agree not to request a VAT refund from Tswrni after 12 months from the date you became aware of your potential right to a VAT refund, and in all cases, no later than 5 years from the date such entitlement arose.
Twelfth: Entire Agreement
A. These Terms and Conditions, together with the Privacy Policy, Refund Policy, and any other terms agreed upon between you and Tswrni from time to time, constitute the entire agreement between you and Tswrni. B. By signing below, I agree to provide Lahza Electronic Marketing Company LLC (Tswrni) with any information required to create, audit, and/or manage my accounts with it and authorize it to obtain and collect any information it deems necessary or required in connection with me and my related accounts. C. The policies, terms, and conditions of the website may be changed or updated from time to time to meet requirements and standards. Therefore, customers are encouraged to frequently visit these sections to stay informed of changes to the website. Amendments will be effective from the publication date of January 1, 2025.