iWish Terms of Service Agreement

Please read the following Terms of Service Agreement as it contains important information regarding your legal rights, resolution and obligations. These terms of service include various limitations and exclusions and a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations in the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries. 

In particular, users should also understand how the laws work in their respective countries, if they reside outside of the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries, as some countries have laws that restrict the shopper, shipper or buyer the ability to purchase or send certain goods. 

Furthermore, the fulfilment, shipment and acceptance of certain goods may be prohibited altogether by either the logistics company, the payment gateway or by prevalent laws of the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries. 

Last Updated: Monday, 6^th of November 2023

If you are using the iWish mobile application, site and/or service, you are contracting with iWish “Bayt al Amani Trading Establishment” as well as any other respective third-party entities that play a role in the end-to-end shopping process such as payment gateways and logistic companies. iWish “Bayt al Amani Trading Establishment” (referred to as “iWish“, “we”, “our” or “us”) provides an online mobile application platform and site that connects Wishers (“Shopper”, “you” or “users”) who wish to purchase goods and Granters (“Shippers”, “Travellers”, “you” or “users”) who acquire goods on behalf of individuals or entities authorised by iWish (known as the “Services”), which are accessible via the mobile application or site (known as the “Platform”). 

By using the Platform, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Platform and Services and constitute a binding legal agreement between you and iWish. 

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform or Services. Failure to use the Platform or Services in accordance with these Terms may subject you to civil and criminal penalties as per the laws of the Kingdom of Saudi Arabia, the Gulf Cooperative Council countries, or the country that you are temporarily visiting or residing in.

KEY TERMS

“Shopper” means individuals or entities (individuals registered on behalf of a business entity) with a registered iWish account using the iWish mobile application platform, site and/or services, who are based in the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries, holding a nationality or legal residence/stay whether permanently or temporarily. This may also include users of the mobile application platform or site who have not yet registered for an iWish account but are using the iWish mobile application or browsing the iWish site. 

 

“Shipper” means iWish authorised individuals or entities (individuals registered on behalf of a business entity) who are based in a country outside the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries, holding a nationality or legal residence/stay whether permanently or temporarily, with a registered iWish account using iWish mobile application platform or site to communicate with Shoppers to acquire goods on their behalf. 

 

“Traveller” means iWish authorised individuals or entities (individuals registered on behalf of a business entity) who are based in the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries with the intent to travel to countries abroad, holding Saudi and/or a Gulf Cooperative Council member country  nationality or legal residency, with a registered iWish account using iWish mobile application platform or site, to communicate with Shoppers to acquire goods on their behalf.

 

“Merchant” means the original manufacturer for the good or their agent, distributor, re-seller, stockist or the retailer from where the good was requested to be purchased from by the Shopper.

 

“Wishlist” means a personalised list of product or products a Shopper has compiled and wishes to acquire (but not yet decided to create an order to purchase). 

 

“Wish” means a submitted list of product(s) or item(s), collectively called “Goods”, from a Shopper’s Wishlist or independent of the Wishlist that a Shopper is committed to purchasing via their independently selected Traveller or Shipper via a placed Order. 

 

“Invoice 1” means the total cost of (all) items including the Original Price, Shipper/Traveller Margin or Fees, relevant direct/indirect local taxes at point of purchase, custom duties/taxes in the Shopper’s country of residence and domestic/international Shipping Costs for an Order and any applicable payment gateway transaction / handling fees. 

 

“Invoice 2” means the cumulative total of all applicable iWish Service Fees inclusive of relevant usage fees for the Platform, local direct/in-direct taxes in the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council countries such as value added taxes (VAT) and withholding tax (WHT), any applicable payment gateway transaction / handling fees and costs of any other value-added services that iWish may opt to include as part of the Order’s fulfillment.

 

“Invoice 3” means any additional cost incurred by the Shipper/Traveller due to extraordinary efforts, change in prices due to seasonal sales/offers/promotions, modification of features/accessories/options of the good or changes in estimated shipping cost by Logistics Partners and unaccounted for custom duties/taxes in the Shopper’s country of residence that have been agreed for between the Shoppers and Shipper/Traveller after successful placement of the Order.

 

“Status” means the state / progress of an Order in the end-to-end iWish process. 

 

“Logistics Partners” means the shipping companies that Shoppers, Shippers, Travellers and/or iWish may use to ship products and goods to and/or from, this may include but are not limited to DHL Express, UPS, FedEx, Aramex or any other logistics company available at the specific geographical location. 

 

“Payment Gateway” means the online electronic platform or partners that iWish, Shoppers, Shippers and Travellers may use to send, or transfer funds required to and/or from different authorised parties. 

 

“Tax” or “Taxes” means any general sales tax (GST), value added taxes (VAT), goods and services taxes, withholding taxes (WHT), shipping/logistics tax, fees (such as import duty fees) that Shippers, Travellers and/or Shoppers, iWish may be required by law to pay and remit to governmental agencies. 

 

 

ELIGIBILITY

The Platform and Services are intended solely for persons who are 18 or older. Registration, access to, transactions and usage of the Platform and Services by minors under the age of 18 is prohibited. You acknowledge and represent that you have obtained all necessary permissions to enter into and utilise the Platform and Services and you will use the Platform and Services for lawful purposes and in accordance with these Terms. 

LOCALITY

The Platform and Services are intended solely at this stage for persons who are either Saudi and/or any Gulf Cooperative Council member country citizen or residents in the Kingdom of Saudi Arabia and/or any Gulf Cooperative Council member country. Registration, access to, transactions and usage of the Platform and Services by non-citizens and non-residents is prohibited. You acknowledge and represent that you have obtained all necessary permissions to enter into and utilise the Platform and Services and you will use the Platform and Services for lawful purposes and in accordance with these Terms. 

HOW THE IWISH PLATFORM AND SERVICES OPERATE

The Platform and Services can be used to facilitate the request for goods and communication through the Platform’s Chat option between relevant parties to source and ship/deliver the goods. You may view historical orders and trends as an unregistered visitor to the Platform and Services; however, if you wish to create a personal Wishlist or an Order, you must first register to create an iWish Account (defined below). 

iWish only operates an online platform for goods marketplace for Shoppers and Shipper/Travellers to communicate online to arrange for the request, purchase/acquisition and shipment of goods and products. iWish is not an owner or holder of goods and products, nor does iWish create goods and/or products. Unless explicitly specified otherwise on the iWish platform, iWish ’s responsibilities are limited to: 

1. Facilitating the availability of the Platform and Services 
2. Service as the limited intermediary payment collection and forwarding between iWish, Shoppers, Shippers, Travellers and payment gateway partners for the purpose of purchasing and shipping/delivering goods and products between Shoppers and their selected Shippers and Travellers.

Please note that as stated above, the Platform and Services are intended to be used to facilitate Shoppers, Shippers and Travellers connecting and communicating to purchase and ship/deliver legal goods and products between each other. iWish reserves the right to reject and/or cancel orders for prohibited goods and products. 

ACCOUNT CREATION & REGISTRATION

To access the full Platform and Services, and to create a Wishlist or Order, you must first register to create an account (“iWish Account”) and become an account holder. By selecting to ‘Sign Up Now’ on the Registration page, you agree to the Terms set out below. You may register to join the Platform and Services component directly via the Platform or as outlined below in this section. You can also register to join by using Apple ID or signing into your account with certain third-party social networking sites which are currently limited to Facebook and Google (whereby each account is known as a “Third Party Account”) via our Platform. As part of the functionality of the Platform and Services, you may sign up for an iWish Account via a Third-Party Account by:

1. Providing your Third-Party Account login information to iWish through the Platform or Services 
2. Allowing iWish to access your Third-Party Account, as permitted under the relevant terms and conditions that govern your use of each Third-Party Account. 

You represent that you are entitled to disclose your Third-Party Account login information to iWish  and/or grant iWish access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any terms and conditions that govern you use of the applicable Third-Party Account and without obligating iWish to pay any fees or making iWish  subject to any usage limitations imposed by such third-party service providers. 

By granting iWish  access to any Third-Party Accounts, you understand that iWish will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Platform and Services via your iWish  Account (for Shoppers, Shippers and Travellers) and iWish Account profile page (for Shoppers, Shippers and Travellers). 

Please note that your relationship with the third-party service provider associated with your third- party account is governed solely by your agreement(s) with such third-party service providers. iWish may review third-party account content relevant to iWish including but not limited to for accuracy, legality or non-infringement purposes. Your iWish Account will be created for your use of the Platform based upon the personal information you provided to us or that we obtain via third-party accounts described above. 

You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. iWish reserves the right to cancel account creation/registration requests at iWish discretion. iWish  reserves the right to suspend or terminate your iWish Account and your access to the Platform and Services if you create more than one (1) active iWish  Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete or inactive after a lengthy period of time. iWish also reserves the right to suspend or terminate account that are suspected of being used for criminal, fraudulent or malicious activities. 

You are responsible for safeguarding your password. You agree that authorised iWish personnel may access your iWish Account to make modifications or amendments of content as required. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your iWish Account (outside of authorised iWish personnel). You will immediately notify iWish of any unauthorised use of your iWish Account. 

iWish Accounts are non-transferable and non-accessible by any other persons, individuals or entities apart from the account holder (except authorised iWish personnel). 

You also agree that by signing up for an iWish account that you will automatically receive newsletters and updates from iWish and may opt out at any time. 

ORDERING PRODUCTS

As an iWish Account holder, you may create Wishlist and Orders. You acknowledge and agree that you alone are responsible for any and all products and goods listed on your Wishlist and Orders and account content you post. Accordingly, you represent and warrant that any product or goods submitted to an Order may be posted online and can be viewed publicly on the Internet. Accordingly, you acknowledge and agree that any products or goods posted on your Wishlist or submitted via an Order will be:

1. In compliance with applicable laws of the country of origin and the laws of the Kingdom of Saudi Arabia and/or a Gulf Cooperative Council member country (such as prohibited or hazardous goods)
2. Applicable to tax requirements (such as goods and services tax, customs tax, duty tax etc.) of the country of origin and the Kingdom of Saudi Arabia and/or a Gulf Cooperative Council member country.

iWish reserves the right, at any time and without prior notice, to remove or disable access to any Wishlist or Orders, including access to iWish Accounts, that iWish in its sole discretion, considers to be in violation of these Terms, or otherwise harmful to the Platform or Services. 

Upon submitting an Order via the Platform, iWish will enable all registered Shippers/Travellers to discuss the order details and negotiate the price of the Order based on their existing geographical location or registered trips, via a Chat and Bidding Mechanism. Based on the locked down offer presented to the Shopper by the Shipper/Traveller, the Shopper may accept the offer that he or she seems fit in terms of price, expected delivery date, offer expiry date, delivery type and place the Order. 

Upon placing the Offer, Shipper/Traveller must be fully aware and declare the Original Price of the product from the Merchant inclusive of any applicable taxes and fees, as they may be requested to provide an original receipt as proof of purchase by the Shopper. Please note that this price cannot be changed, should the prices of the desired goods increase or decrease when the Shipper/Traveller arrives at the Merchant to buy the Order, once the Order has placed by the Shopper after completion of negotiations. The Shipper/Traveller also agrees to charge a reasonable fee (“Traveller Margin”) for his or her efforts in procuring and delivering/shipping the goods requested by the Shopper. Please note that this fee also cannot be changed, once the negotiations are completed and the Order has placed by the Shopper. Shipper/Traveller also agrees to accurately quantify and log the weight of items as well as the shipment box dimensions on the Platform and input the accurate shipping cost (“Delivery Charges”) amount at their own responsibility, should the Shopper require delivery domestically or internationally by the use of a courier service. Please note that this charge also cannot be changed, once the negotiations are completed and the Order has placed by the Shopper.

Shoppers acknowledge that by placing an Order through the Platform, they agree to pay iWish the ‘Total Cost of Items’ as confirmed bipartite into Invoice 1 for your selected Shipper/Traveller and iWish for its services in Invoice 2. This payment must be made in full, with a single transaction via Credit Card (Visa, Mastercard, American Express), Apple Pay or Google Pay, immediately upon the placement of the Order. By making this payment, you agree that you have checked and agreed to the accuracy and correctness of the product details and the associated cost elements set out in the Order.

Shippers/Travellers agree to purchase the items within the stipulated timeframe once a confirmation of payment receipt has been given to them by iWish through the platform. Shipper/Traveller will notify the Shopper when they have procured the products and whether they have provided them to a freight forwarder for shipping or have landed back in the Kingdom of Saudi Arabia and/or the Gulf Cooperative Council member country for delivery in-person. Your selected Shipper/Traveller will deliver/ship your items to you, or a location authorised/directed by yourself as outlined in the following section. Shoppers acknowledge that they have to receive and accept the items ordered, upon delivery and notify iWish. 

Upon confirmation of receipt of the goods by the Shopper, iWish will release 100% of the payment (Value of Invoice 1) to the designated account of the Shipper/Traveller after five (5) working days upon their emailing to iWish ([email protected]) a clean, readable, unadulterated or modified scanned copy of the original machine-based purchase receipt of the product from the Merchant along with the purchased product’s picture(s) and airwaybill scan if shipped, to allow for matching the description on the invoice and the request. It is to be noted that hand-based invoices will not be accepted.

Shippers/Travellers agree to ensure that products and goods ordered on behalf of the Shopper are correctly sent to the address stipulated by the Shopper on their profile page, including name, phone number and exact registered Delivery Address. As a Shopper, you agree that the Delivery Address assigned to your Order is accurate and correct. In the event that a Shopper has provided an incorrect address that is not accepted by the logistics provider, any additional return and re-forwarding shipping costs are to be borne by the Shopper. Shoppers agree that delays will result as a consequent of this and will not hold Shippers/Travellers or iWish liable.

In the event a Shipper/Traveller purchases the incorrect item on behalf of the Shopper either by failure to purchase the item as per the item characteristics on the order page and/or not providing a picture of the item that clearly displays or confirms the item characteristic to the Shopper or not providing the Merchant receipt as requested, the Shopper reserves the right to request for the item to be returned / exchanged for the correct item as per the characteristics on the order page within the time frame specified by the Card Scheme Rules. 

The return shipping cost (including any relevant merchant restocking fees) is therefore, borne by the Shipper/Traveller. Item receipts, both electronic and paper (where available and provided to the Shipper/Traveller by the Merchant) must be made available to the Shopper, if “Provide Receipt” option is checked at the time of placing the Order. 

For repeat consolidated orders, Shippers/Travellers may at their own discretion request a Shopper for a lower negotiated fee (“Traveller Margin”) for multiple consolidated order requests to cover their time and effort. 

PURCHASE TRANSACTION BETWEEN SHOPPER, SHIPPER, TRAVELLER & iWISH 

iWish provides an online platform that facilitates the interaction and transaction between the Shopper(s), Traveller(s) and Shipper(s). 

A Traveller is based in a specific geographical location/ country and enables a Shopper from a different geographical location/country to purchase goods via the Traveller intending to travel to or is in the country of origin from where the Shopper has requested the goods from. Whereas, a Shipper is based in a specific geographical location/ country and enables a Shopper from a different geographical location/country to purchase goods via the Shipper in the Shipper’s geographical location/country. 

All deliverables requested to be made to the Shopper Delivery Address whether in person or via a courier must be verified on their iWish Account, before being delivered to a delivery address stipulated by the Shopper. 

The Shopper is solely responsible for selecting and ordering the product via their selected Shipper/Traveller and the Shipper/Traveller is solely responsible for buying the product, shipping it or delivering it to the Shopper. iWish does not hold any inventory and as such: 

1. iWish makes no representations, warranties or guarantees regarding the quality or suitability of the products you order; 
2. iWish holds limited liability for the failure of a Shipper/Traveller to ship to your Delivery Address or to fulfil your order, 
3. iWish will mediate disputes between Shoppers and Shipper/Traveller as per the dispute resolution process laid out in these Terms; 
4. iWish does not hold any liability for any defects in any products you purchase, or any injury or damage that any product may cause, or for any other failure of the product to meet your expectations; 
5. iWish may at its discretion provide recommendations to Shoppers, however, it is the sole responsibility of the Shopper to make the appropriate decision that is best for their needs; iWish  does not handle communications with merchants regarding product exchanges due to defects, incorrectly purchased items (either by Shipper/Traveller or directed by Shopper) or change of mind purchases. In the event of change of mind purchases, the Service Fee still applies (if the item has been ordered by your selected Shipper/Traveller and can be refunded by the merchant minus any merchant restocking fees and/or shipping fees) and is borne by the Shopper; any refunds back to the Shopper may incur payment gateway transaction fees.
6. If after delivery to you, you determine that any product is defective or does not otherwise meet with your expectations, you agree that you will hold iWish and the Shipper/Traveller harmless from any liability and will seek any remedies solely from the Merchant.

RECEIVING PRODUCTS

Neither iWish nor the Shipper/Traveller are liable for products lost or damaged in transit from the merchant or sender to the assigned Delivery Address. The Logistics Partner reserves the right to refuse delivery if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such a case, the Shipper/Traveller will return the product to the sender and notify the Shopper to expect potential delays. 

iWish and Shipper/Traveller cannot be held accountable for any manufacturing issues for items sent by the store/retailer of the shopper's choosing. For damaged items - Shoppers must send photographic evidence of damaged items and packaging within 24 hours of receiving their items. For any shipping option chosen where there is no full international and domestic tracking, iWish and Shipper/Traveller are not responsible or liable for missing packages. In the event that a package is delayed beyond the timeframe stipulated by the Logistic Partners, it is the responsibility of the Shipper/Traveller and the Shopper to contact the respective Logistic Partner. The Shipper/Traveller has the right to open and inspect any products (unless explicitly advised otherwise by the Shopper), for security purposes or to verify compliance with the product description and other information, unless the item itself is sealed. However, iWish and the Shipper/Traveller have no duty or responsibility to inspect packages for non-obvious damage or breakage, and we do not accept responsibility for the accuracy of product descriptions and other information provided by the Shopper.

The Shopper is encouraged and recommended to request and see and approve the items purchased from pictures / photographs of the items sent to the Shopper by their selected Shipper/Traveller via the Platform using the Chat module. In the event the Shopper elects not to have the package(s) open for inspection, the Shopper agrees to take the product as-is and iWish and the selected Shipper/Traveller will not be liable for any potential damages to the products held within the package. 

For any shipping chosen where an insured shipping option was instructed not to be selected and paid for, iWish is not responsible for any damage to items within the order during transit from the Shipper/Traveller to the Shopper’s stipulated Delivery Address. iWish may investigate each order claim by Shoppers on a case by case basis. Shoppers are required to provide full details of the state of their order and products and provide visual evidence to support their claims. 

You agree and understand that your selected Shipper/Traveller may be located in a different geographical location with a different time zone to yourself. You also agree and understand that Shipper/Traveller have their own personal schedule outside his or her engagement on the iWish platform, and that communication and agreement is required between Shipper/Traveller and Shopper to manage expectations and commit to a specific shopping requirement. 

In the event that the Shipper/Traveller does not follow through with the agreed commitment and expectation despite explicit communication from the Shopper – the Shipper/Traveller may be liable to compensate for or absorb the service fee and/or the shipping fee for the Order impacted. Shipper/Traveller and Shoppers agree to adhere to the dispute resolution guideline set out in these Terms. 

FEES, PAYMENT & FINANCIAL TERMS FOR SHOPPERS

We accept payments online using Visa and MasterCard credit/debit card in SAR (or any other agreed currencies). The minimum Order amount for a product is 1 SAR.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.

A product cost may increase or decrease after a Shipper/Traveller confirms the availability of the product with the merchant / supplier. Also, the application of custom duties/taxes in the Shopper’s country of residence may be applied to a product that the Traveller has physically brought in their baggage. If the price of any item goes up or additional custom duties/taxes are applied, neither iWish nor the Shipper/Traveller will absorb the difference and the Shipper/Traveller will be requested to “Hold” the purchase/delivery of the item, by iWish. A new invoice may be generated on the Platform for payment and the price difference will be collected in Invoice 3 from the Shopper. Upon the receipt of the payment for Invoice 3, iWish will notify the Shipper/Traveller to proceed with the purchase/delivery. In the event that Invoice 3 has not been paid for more than 30 days by Shopper after multiple notifications, the Order will be considered cancelled, in which case, iWish will refund only the amount of Invoice 2 and the amount of Invoice 1 less the good(s) cost and shipping fee(s). iWish will ask the Shipper/Traveller to ship/deliver the product(s) to its Fulfilment Center in Riyadh, Saudi Arabia at iWish’s cost and retain the product(s). iWish will update the costs to Invoice 3 to include additional delivery charges, storage cost and the traveller margin, continuing to demand the Shopper for imbursement for a period of 90 additional days. Should the Invoice 3 be paid within the stipulated time, the item will be shipped to the Shopper at their cost. Should the Shopper refuse to pay Invoice 3 within the stipulated time, iWish will that the Shopper has retracted from the order, proceeding to cease the item and auction it to recover its costs, in which case the Shopper will release iWish of any responsibility and forgo their claim on the product, financial dues, compensation and/or liability.

In the event the price of any item goes below the selected Shipper/Traveller will continue to proceed without the Shopper or iWish permission to purchase the product, without a recourse for a refund or cash-back. 

In the event that a Shopper retracts from an Order, where the goods have not been purchased the refund of Invoice 1 only will be passed onto the Shopper (minus the Traveller Margin). In the event that a Shopper retracts from an Order, where the goods have been purchased but the package has not yet been shipped to the Shopper by the Shipper or the Traveller has not departed from the country of origin where the product was acquired from the Merchant, and if and only if the product or goods can be returned to the merchant or sender for a refund – the refund of Invoice 1 only will be passed onto the Shopper (minus the Traveller Margin and any merchant restocking fees). In the event that a Shopper retracts from an Order, where the goods have been purchased and the package has been shipped to the Shopper by the Shipper or the Traveller has already departed from the country of origin where the product was acquired from the Merchant, no refund will be made and it will be the onus of the Shopper to communicate with the Merchant and arrange for the return and refund of goods after receiving the goods from the Shipper/Traveller.

Any refunds back to the Shopper may incur payment gateway transaction fees. Shoppers are responsible for the costs and fees associated with sending/withdrawing funds and any foreign currency exchange and transaction fees applicable to the payment gateway. These costs will also be deducted from the refund issued by iWish for Invoice 1.

Any refunds will be done only through the Original Mode of Payment.

FINANCIAL TERMS FOR SHIPPERS/TRAVELLERS

Shipper/Travellers are solely responsible for honouring any purchase of products, goods or items paid for by the Shopper after the receipt of payment for Invoices 1 and Invoice 2 by iWish. Shipper/Travellers are also solely responsible for completing their trips and/or honouring the shipment of products, goods or items paid for by the Shopper. In the event that a Shipper/Traveller is unable to fulfil the Order, the Shipper/Traveller agrees to notify iWish at the soonest of this inability. 

Shipper/Travellers are compensated for their time and effort (“Traveller Margin”) and the Purchase Amount (“Original Price”) on the sixth (6) working day based on the number and value of orders delivered, accepted by Shoppers, and deemed completed by iWish in the previous five (5) working days. Please note that no upfront payment is made by iWish nor a request for advance will be entertained.

If the Shopper fails to “Accept” the shipment from the Shipper/Traveller on the platform within 14 days of delivery without raising a dispute to iWish due to damage, counterfeit or mismatch, iWish will deem the order to be fulfilled and delivered and release the agreed upon amount for the wish fulfillment on the second (2) working day of the following week. The shopper in this case will give up any rights for a refund, dispute with iWish and their Bank.

iWish reserves the right to amend the Shipper/Traveller compensation scheme at its sole discretion. As a requirement, Shipper/Travellers must have an account or have direct access to the selected payment gateway of iWish ’s choice. Shipper/Traveller compensation are deposited via this selected payment gateway. Shipper/Travellers are responsible for the costs and fees associated with sending/withdrawing funds from any foreign currency exchange and transaction fees applicable to the chosen payment gateway. 

Shipper/Travellers understand and agree that they are solely responsible for determining: 

1. The applicable Tax reporting requirements.
2. Reporting any personal tax requirements to their tax authorities in their country of residence
3. The Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in fulfilling Orders on behalf of Shoppers. Shipper/Travellers are solely responsible for remitting to the relevant authority any Taxes included or received by them. iWish cannot and does not offer Tax related advice. 

SHIPPER / TRAVELLER FEES (TRAVELLER MARGIN)

Orders being fulfilled attract a Shopper Shipper/Traveller Negotiated Fee called “Traveller Margin” as it requires time and effort by the Shipper/Traveller. The Shipper/Traveller selected by the Shopper are free to charge a negotiable fee (within reason) to the Shopper to cover their time, effort and transportation and/or costs associated when purchasing goods.

The Shipper/Traveller, Traveller Margin, is included as part of Invoice 1 which must be paid before the Shipper/Traveller proceeds to buy the goods for the Shopper. 

In the event the selected Shipper/Traveller is unable to source or purchase in-store due to lack of stock, or unavailability of product, or special-order items (and time and effort has been expended to do so), the Traveller Margin will still apply. Shoppers will be refunded the total Invoice 1 minus the Traveller Margin. In the spirit of peer to peer shopping, iWish will not charge the Service Fee and will also refund Invoice 2. Any refunds back to the Shopper may incur payment gateway transaction fees and will be deducted from the refund of both Invoice 1 and 2. 

In compliance with prevailing local laws and regulations, it is hereby stipulated that the total transaction amount conducted on our platform shall not exceed 60,000 SAR or equivalent Gulf Cooperative Council member country currency. Shipper/Traveller are responsible for ensuring that their offers remain within this prescribed limit, and any transaction(s) that exceed this amount will not be allowed on the iWish platform and if clubbed, may be subject to scrutiny or restriction in accordance with applicable legal requirements.

SHIPPING FEES (DELIVERY FEES)

Shipper/Traveller  should calculate the cost of the International or Domestic Shipping/Handling charges for Orders based on a number of factors which may include, but not limited to: changes in Logistic Partner shipping rates; fluctuations in fuel surcharge rates imposed by the Logistic Partner; fluctuations in currency exchange rates; differences between estimated and actual package weights; the use of volumetric weight calculations for bulky, lightweight packages; the chargeable weight (volumetric or gross, whichever is greatest) that determines the shipping cost; fees for oversized boxes exceeding Logistic Partners standard dimensions; and/or additional local delivery charges if the delivery address is in a remote geographic area of the Kingdom of Saudi Arabia and/or a Gulf Cooperative Council member country. 

These factors may change without notice and therefore Shipper/Traveller are highly encouraged to check the exact rates of shipping form Logistic Partners before committing to the Shoppers to avoid incurring losses. 

The Shopper Shipper/Traveller, Delivery Charges, is included as part of Invoice 1 which must be paid before the Shipper/Traveller proceeds to buy the goods for the Shopper. 

INSURANCE FEES

Insurance, whether Travel or Shipping, is highly recommended and it is the responsibility of the Shopper to check with their selected Shipper/Traveller that the insurance is applied if requested. Accidents may happen without notice and therefore Shipper/Travellers are highly encouraged to seek for themselves and their luggage Travel Insurance and for the Package if being delivered by a Logistics Partner, Shipping Insurance to avoid incurring losses. These should be accounted for in Invoice 1 as part of “Delivery Charges” if being delivered via a Logistics Partner or added to your “Traveller Margin” if being brought in and being delivered in-person by the Shipper/Traveller.

iWISH SERVICE FEE

In consideration for the use of the iWish Platform, iWish charges a Service Fee for Orders, to the Shopper. The iWish Service Fee is calculated based on total cost of items in an Order (not including Tax and Domestic/International Shipping) with the following structure inclusive of all approved product categories:

• 10% on Transactions between 1 SAR and 999 SAR
• 9% on Transactions between 1,000 SAR and 4,999 SAR
• 8% on Transactions between 5,000 SAR and 9,999 SAR
• 7% on Transactions 10,000 SAR and above.

iWish service fee includes the local VAT payable on its fees only. iWish also reserves the right to amend the calculation of the iWish Service Fee structure and the minimum service fee per order. Any Orders submitted or ongoing prior to any iWish Service Fee structure changes will be honoured at the rate prevalent on the date the Order was submitted. 

PAYMENT GATEWAY FEES

Any payment gateway fees to remit are applied solely to facilitate the transfer of funds between Shoppers, iWish and Shipper/Traveller around the world. These fees are non-negotiable and are pre-determined by the payment gateway provider and may be subject to change without prior notice. 

VOUCHER CODES

iWish may, at our sole discretion, create voucher codes that may be redeemed for iWish Service Fee discounts, subject to any additional terms that iWish establishes on a per voucher code basis. You agree that voucher codes: 

1. Must be used for the intended account and purpose, and in a lawful manner.
2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless explicitly permitted by iWish.
3. May be disabled by iWish at any time for any reason without liability to iWish.
4. May only be used pursuant to the specific terms that iWish establishes for such voucher code.
5. Are not valid for cash or cash redemption. 
6. May expire prior to your use. iWish  reserves the right to withhold discounts obtained through the use of voucher codes by you or any other user in the event that iWish  determines or believes that the use or redemption of the voucher code was in error, fraudulent, illegal, or in violation of the applicable voucher code terms or these Terms. 

PAYMENT PROCESSING & ERRORS

iWish will take necessary steps to rectify any payment processing errors that we are aware of on the iWish Platform end. Also, multiple transactions may result in multiple postings to the cardholder’s monthly statement.

Any payment processing errors that are outside iWish platform controls (for example, blocked Shopper/Shipper/Traveller credit cards, Shopper financial institution payment issues or payment gateway technical problems etc.) are outside iWish responsibility and jurisdiction. You acknowledge and agree that for payments processed via third-party payment gateways, you are bound by the terms and conditions set out by such entities unless explicitly expressed herein. 

DUTIES & TAXES

Duties and taxes may be imposed on the goods or package depending on the country of origin of the Order and the Kingdom of Saudi Arabia, a Gulf Cooperative Council member country, or the residing country of the Shopper. Any applicable duties and taxes are the sole responsibility of the Shopper that have not been accounted for in Invoice 1. Shoppers, Shippers, and Travellers may use third party public sites to check any potential duties/taxes imposed. 

QUALITY AND AUTHENTICITY UNDERTAKING

Terms require a Shipper/Traveller to warrant its goods purchased on behalf of the Shopper via an Order on the iWish Platform to be original, non-counterfeit, new, unused, and free from any damages/defects and not on the prohibited list of the payment gateway or the country of residence/purchase. iWish will take necessary legal and/or administrative action against a Shipper/Traveller found to be offering or delivering/shipping to a Shopper goods that are counterfeit, used or refurbished, defective, not genuine, not authorized and misleading. Shipper/Traveller will indemnify and hold iWish, its officers, employees, and Shopper on the Platform harmless from all claims or losses in the event a Shipper/Traveller was found to be breaching these undertakings.

Shoppers liability to iWish or the Shopper under the conditions of breaching this undertaking and the arising of a claim by the Shopper will be the higher of SAR 180,000 or the direct cumulative losses to iWish and the Shopper.

DISPUTES & RESOLUTION

Shoppers and Shippers/Travellers agree that at the first point of a dispute or resolution that both parties make attempts to resolve the issue through clear and calm communication. Shoppers and Shippers/Travellers agree that any disputes, claims or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Platform or Services (known as “Disputes”) will be settled by binding arbitration, negotiation and mediation between relevant parties managed by iWish. Shoppers are to communicate with their selected Shipper/Traveller as the first point of contact for disputes or issues. iWish will provide relevant advice or remediation options to both parties on a case by case basis. Disputes arising outside the use of the Platform and Services are beyond iWish control and are not bounded by these Terms. 

EXPORT CONTROL & RESTRICTED COUNTRIES

Whilst iWish endeavours to provide a global shopping marketplace locally in the Kingdom Saudi Arabia, Gulf Cooperative Council member countries, and in other countries that it operates in – there are certain geographical locations and countries that we cannot operate to/from and a list of prohibited products and items that we do not condone the acquisition, purchase or shipment of. 

iWish will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Kingdom Saudi Arabia and/or Gulf Cooperative Council member countries.

Shipper/Traveller will never knowingly purchase a prohibited/restricted item(s). It is the responsibility of the Shopper to ensure that the item(s) that they chose to purchase can be legally shipped and/or imported into the Kingdom of Saudi Arabia, Gulf Cooperative Council member countries, or the Shopper’s country of residence. Any prohibited/restricted item(s) may be returned to the Merchant by your selected Shipper/Traveller and if/where a refund is given, is returned to the Shopper minus the Service Fee, applicable Merchant restocking fee and/or domestic/international shipping fees. iWish reserves the right to refuse to service to Shoppers, Shippers, Travellers that belong to the restricted countries published on the relevant logistics company and payment gateway’s list. iWish nor the Shipper/Traveller are responsible for any items confiscated by the logistics company or the Kingdom of Saudi Arabia’s, Gulf Cooperative Council member countries, or the Shopper’s country of residence’s border security/control/customs. 

The list of prohibited items (both products and services) and restricted categories includes: 

1. Drugs and Tobacco
2. Arms and Ammunition
3. Liquor and Alcohol
4. Escort, Dating, Chatting, Matrimonial Services
5. Lead Generation - Deceptive product/service offering to invite a person to share personal contact andprofile details
6. Pornography, Adult entertainment and Adult products
7. Gambling, Lottery, Sweepstake, Betting, Raffles and Draws
8. Multi -level Marketing (MLM), Pyramid scheme, Chain or Network Marketing - Marketing strategy inwhich the members are compensated for recruiting new members and further paid for the membersrecruited by the new members.
9. Ponzi schemes - Funds from an Investor is used to pay dividends to the subsequent investor and not from the profits generated on sale of a product
10. Intentional sales of counterfeit products or services
11. Sales or distributions in violation of intellectual property rights
12. Forex
13. Money and Legal Services - Money Transmitters, Check Cashing, Wire Transfers, Money Orders; Currency Exchanges or Dealers; Bail Bonds; Collections Agencies; Law Firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm
14. Investment & Credit Services - Securities brokers; mortgage consulting or debt reduction services;credit counselling or repair; real estate opportunities; lending instruments
15. No-value-added services - Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that breach consumer protection law
16. Licensed/unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to hide origin of funds
17. Unless otherwise agreed with the Payment Gateway:
    1. Fund Raising, Charity, Donations and Crowdfunding
    2. Mobile/VoIP Top-Ups
    3. Online Pharmacies, including Prescription/non-prescription Medicines, Supplements, Steroids and Herbals Products.
    4. Tele Sales, Call Center (MOTO)
18. Software services- Website Development, Networking Solutions, Data Hosting, Software Development, Graphic Designing, Web Designing, Online Gaming and any other IT Solutions
19. Jewellery - Includes Gold, Silver, White Gold, Platinum, Diamond, Pearl, other Gems/Precious Stones

ANTI-COUNTERFEITING 

iWish prohibits the sale of or requesting of counterfeit goods on the iWish platform, therefore any products requested by the Shopper or bought by the Shipper/Traveller must be authentic. Counterfeit goods are goods, including digital goods, that are promoted, sold, or otherwise distributed using a trademark or brand that is identical to, or substantially indistinguishable from, the registered trademark or brand of another, without authorization from the trademark or brand owner. Counterfeit goods attempt to deceive consumers into believing the counterfeit is a genuine product of the brand owner, or to represent themselves as knock off, clone, imitation, fake, faux, replicas, imitations, mimic mirror image, pirated, cracked or similar language of the genuine product. 

Therefore, it is each Shipper/Traveller’s responsibility to source, sell, and fulfill only authentic products. Prohibited products include bootlegs, fakes, or pirated copies of products or content; products that have been illegally replicated, reproduced, or manufactured; and products that infringe another party’s intellectual property rights. 

If you purchase on behalf of the Shopper or procure inauthentic products yourself, we may immediately suspend or terminate your account and dispose of any inauthentic products returned to our fulfillment centre in Riyadh, Saudi Arabia by the Shopper at the Shipper/Traveller’s expense. We may also withhold and/or refuse payments if we determine that an iWish account has been used to sell inauthentic goods, commit fraud, or engage in other illegal activity. 

In case of dispute by the Shopper, the Shipper/Traveller’s must provide records about the authenticity of the procured products if the iWish’s dispute resolution team or the legal team requests that documentation. We reserve the right to verify and determine whether the products sold are original and authentic. In the event we, at our sole discretion, determine a product is counterfeit or not 100% genuine:

1. You shall be liable to pay a minimum sum of SAR 180,000 in compensation to us, in addition to any fine or levy imposed by any governmental authority or agency in the Kingdom of Saudi Arabia, Gulf Cooperative Council member country, or your country of residence.
2. All payment pending by us to you will be withheld until such counterfeit issue is resolved.
3. We may impose a financial penalty on you, to be determined at our sole discretion, for direct and indirect losses incurred as a result of the counterfeit product being sold on the Platform, including for loss of reputation.
4. Further, where you do not pay the entirety of the compensation and/or penalty imposed, we shall impose a time-based conditional ban. Notwithstanding the above, we reserve the right to take appropriate legal actions against the you and report such counterfeit products to local law enforcement authorities.

Failure to abide by this policy may result in loss of privileges, cancellation of account, funds being withheld, destruction of inventory in our fulfilment centre, and other legal/criminal consequences. We encourage transparency. Shoppers who have product authenticity concerns to notify us within 7 days of receipt of the product by emailing us at [email protected] We will promptly investigate and take all appropriate actions to protect Shoppers, Shippers/Travellers and/or Right Owners as may be the case. 

ANTI-MONEY LAUNDERING

iWish and its Platform are committed to maintaining the highest standards of ethical business conduct and complying with all applicable laws and regulations. In accordance with the regulations set forth by the Saudi Arabian Monetary Agency (SAMA) and other relevant authorities of the Gulf Cooperative Council member countries. iWish has implemented anti-money laundering (AML) measures to prevent the use of its services for illicit activities.

iWish reserves the right to verify the identity of Shippers, Travellers, and Shoppers and conduct due diligence as required by AML regulations. Shippers, Travellers, and Shoppers may be requested to provide valid national identification, registered national address and additional documentation, if needed, to verify their identity and the legitimacy of their transactions.

If iWish has reasonable grounds to suspect that a Shipper’s, Traveller’s, or Shopper’s transaction or activity is related to money laundering, terrorist financing, or other illegal activities, iWish will promptly report such suspicions to the appropriate authorities as required by law. iWish may also take necessary actions, including freezing the transaction and remittances, pending investigation.

iWish will maintain accurate and up-to-date records of Shippers, Travellers, and Shoppers transactions and due diligence documentation as mandated by AML regulations. This information may be shared with regulatory authorities if required.

Shippers, Travellers, and Shoppers are expected to cooperate fully with iWish 's efforts to ensure compliance with AML regulations. This includes providing accurate and complete information, responding to verification requests, and adhering to any additional AML-related procedures that may be implemented by iWish.

iWish shall not be held liable for any losses, damages, or liabilities arising from iWish 's compliance with AML regulations, including any actions taken to freeze transactions or accounts due to suspected illicit activities.

By using iWish's services, Shippers, Travellers, and Shoppers acknowledge and agree to comply with all AML-related measures and procedures as outlined in this clause.

We encourage proactive measures and whistle-blowers. Shippers, Travellers, and Shoppers who have AML concerns should notify us within 24 hours of the transaction by emailing us at [email protected] We will promptly investigate and take all appropriate actions to protect Shippers, Travellers, and/or Shoppers as may be the case. 

PREVENTION OF TERRORISM FUNDING

Pursuant to the laws of Saudi Arabia and/or the Gulf Cooperative Council member countries, and international standards, iWish strictly prohibits any use of its services or Platform for the purpose of funding or supporting terrorism or related illegal activities.

By using iWish's services, Shippers, Travellers, and Shoppers warrant that they shall not engage in any transactions or activities that directly or indirectly contribute to terrorism funding, money laundering, or any other unlawful activities. Shippers, Travellers, and Shoppers shall comply with all relevant laws, regulations, and international sanctions, including those enforced by the Saudi Arabian and/or the Gulf Cooperative Council member countries’ authorities.

If iWish has reasonable grounds to suspect that a Shipper’s, Traveller’s, and/or Shopper’s transaction or engagement is related to terrorism funding, illegal activities, or sanctioned entities, iWish reserves the right to report such activities to appropriate authorities in accordance with the applicable laws and regulations. iWish may also take necessary measures, including suspending transactions and remittances pending further investigation.

iWish shall fully cooperate with Saudi Arabian and/or the Gulf Cooperative Council member countries’ regulatory authorities and law enforcement agencies in matters related to terrorism funding prevention and detection. This includes providing information, records, and documentation as required by law.

iWish shall maintain accurate and up-to-date records of Shippers, Travellers, and Shoppers transactions and interactions, as well as any relevant documentation related to terrorism funding prevention efforts, in accordance with applicable regulations.

iWish shall not be held liable for any losses, damages, or liabilities arising from its efforts to prevent terrorism funding or its compliance with related laws and regulations.

Shippers, Travellers, and Shoppers acknowledge and agree that they shall refrain from using iWish's services for any purpose that may contravene anti-terrorism funding laws, regulations, or international standards. iWish reserves the right to take necessary actions to prevent and report such activities.

We encourage proactive measures and whistle-blowers. Shippers, Travellers, and Shoppers who have Terrorism Funding concerns should notify us within 24 hours of the transaction by emailing us at [email protected] We will promptly investigate and take all appropriate actions to protect Shippers, Travellers, and/or Shoppers as may be the case. 

POLITICAL ACTIVISM AND FAVOURTISM

iWish is committed to maintaining a neutral and impartial stance in all its business activities. iWish operates without bias or favouritism towards any political, religious, or social group. iWish does not endorse, support, or engage in any form of political activism, and its services must not be utilised for promoting or funding any political activities.

iWish strictly prohibits discrimination or favouritism based on political beliefs, affiliations, or any other similar criteria. All Shippers, Travellers, and Shoppers are treated equally and fairly without regard to their political viewpoints.

By using iWish's services, Shippers, Travellers, and Shoppers acknowledge and agree that they shall not use iWish’s Platform or services to engage in any form of political activism, promotion, or funding. Shippers, Travellers, and Shoppers shall not attempt to use iWish's services to gain political advantage, engage in discriminatory practices, or violate the principles of neutrality and impartiality upheld by iWish.

iWish reserves the right to suspend or terminate services for any Shippers, Travellers, and Shoppers found to be in violation of this clause. If there is reasonable evidence of a Shippers, Travellers, and/or Shoppers using iWish's services for political activism, favouritism, or any related activities, iWish may take appropriate actions, including freezing transactions, suspending remittances, or discontinuing services.

Shippers, Travellers, and Shoppers are encouraged to report any instances where they suspect that iWish's services are being used for political activism or favouritism. iWish will investigate such reports and take necessary actions to address any violations.

Shippers, Travellers, and Shoppers are responsible for ensuring that their use of iWish's services is in compliance with all applicable laws and regulations, including those related to political activities, discrimination, and impartiality.

iWish shall not be held liable for any losses, damages, or liabilities arising from Shippers, Travellers, and/or Shoppers violations of this clause. Shippers, Travellers, and Shoppers using iWish's services for political activism, favouritism, or any related activities assume full responsibility for their actions.

By using iWish's services, Shippers, Travellers, and Shoppers agree to abide by the principles outlined in this clause and refrain from engaging in any activities that violate iWish's commitment to neutrality, impartiality, and non-discrimination.

We encourage proactive measures and whistle-blowers. Shippers, Travellers, and Shoppers who have Political Activism and Favouritism concerns should notify us within 24 hours of the transaction by emailing us at [email protected] We will promptly investigate and take all appropriate actions to protect Shippers, Travellers, and/or Shoppers as may be the case. 

PROHIBITION OF TAX EVASION

iWish is committed to upholding the highest standards of business ethics and complying with all applicable tax laws and regulations. Shippers, Travellers, and Shoppers using iWish's services are expected to adhere to their tax obligations in accordance with the laws of Saudi Arabia and/or the Gulf Cooperative Council member countries’ and their respective jurisdictions.

iWish strictly prohibits any form of tax evasion, including but not limited to providing false information, misrepresenting transactions, or engaging in any fraudulent activity with the intent to evade taxes. Shippers, Travellers, and Shoppers are required to accurately report their income, payments, and transactions to tax authorities in their jurisdiction as per prevalent laws.

Shippers, Travellers, and Shoppers agree to fully cooperate with tax authorities and provide accurate information as required by law. If iWish is requested by authorities to disclose Shippers, Travellers, and Shoppers information for tax-related purposes, iWish may comply with such requests in accordance with applicable laws and regulations.

If iWish becomes aware of any Shippers, Travellers, and/or Shoppers engaging in activities that may constitute tax evasion, iWish reserves the right to report such suspicions to relevant tax authorities or regulatory bodies as required by law.

Shippers, Travellers, and Shoppers acknowledge that tax evasion is illegal and can result in severe penalties, fines, and legal actions. iWish shall not be held liable for any losses, damages, or liabilities arising from Shipper’s, Traveller’s, and/or Shopper’s violations of tax laws or attempts to evade taxes.

By using iWish's services, Shippers, Travellers, and Shoppers agree to comply with all tax-related laws and regulations and refrain from engaging in any activities that may constitute tax evasion.

We encourage proactive measures and whistle-blowers. Shippers, Travellers, and Shoppers who have Tax Evasion concerns should notify us within 24 hours of the transaction by emailing us at [email protected] We will promptly investigate and take all appropriate actions to protect Shippers, Travellers, and/or Shoppers as may be the case. 

USER CONDUCT & REPORTING MISCONDUCT

 You agree that you are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to the use of the Platform and Services. You are not to use the Platform or Services for any unlawful purposes. iWish reserves the right to terminate or restrict access to your iWish Account and the use of iWish Services if, at iWish discretion, the Shopper violate any laws, infringe upon another person’s rights or breach of these Terms. 

In connection to your use of the Platform and Services, you agree that: 

• You may use the Platform and Services solely for personal use or for use by the business entity in which you represent. If the intention is to resell products and goods received, you agree to comply with all laws and regulation that apply to the importation of products for resale, and with any applicable Merchant restrictions on resale.
• You may not offer for sale, re-sale, market, distribute or otherwise commercially exploit in any manner of the content on the Platform and/or Services or any information generated using the Platform and/or Services.
• You may not use manual or automated software, databases, devices, scripts, robots, backdoors or other means or processes to access, trawl or lift content or information from any web pages from the Platform and/or Services.
• You may not access or use the Platform or Service to access content that is:
  • Not publicly displayed by iWish in search results pages.
  • In any way that is inconsistent with the iWish privacy Policy or Terms. 
  • In any way that otherwise violates the privacy rights or any other rights of iWish users or any other third party, public or otherwise non-publicly displayed content.
• You may not copy, store or otherwise access or use any information contained on the Platform or Services for purposes not expressly permitted by these Terms.
• You may not infringe on the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights. 
• You may not interfere with or damage our Platform or Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of- service attacks, packet or IP spoofing, forged routing or electronic address information or similar methods or technology.
• You may not use our Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal information of others without their permission, personal contact information or credit, debit, account numbers or addresses.
• You may not use our Platform or Services in connection with the distribution of unsolicited commercial email or spam or advertisements unrelated to the use of the Platform and Services.
• You may not harass, stalk or pester any other users of our Platform or Services or store any personally identifiable information about any other Shopper, Shipper/Traveller or iWish personnel.
• You may not register for more than one iWish Account or register for an iWish Account on behalf of an individual other than yourself.
• You may not recruit or otherwise solicit any Shopper, Shipper/Traveller or iWish personnel to join third-party services or other websites that are competitive to iWish. 
• You may not use the Platform or Service to find Shoppers and/or Shipper/Traveller and then retract an Order, in order to circumvent the obligation to pay any iWish Service Fees related to iWish provision of the Services or to covertly transact outside of the Platform and Service. iWish has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. iWish may access, preserve and disclose any of your information if iWish are required to do so by law, or if we believe in good faith that it is reasonably necessary to: 
  • Respond to claims asserted against iWish or to comply with legal process (for example, missing goods or product warranties).
  • For fraud prevention, risk assessment, investigation, dispute resolution, customer support, marketing and de-bugging purposes.
  • Protect the rights and safety of iWish, its users, or members of the public. iWish reserves the right, at any time and without prior notice, to remove or disable access to any content that iWish, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or Services. 

REPORTING MISCONDUCT

If users of the Platform or Services feel that other users of the Platform or Service is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, racial, religious, degrading or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to iWish  provided that such conduct occurred on the Platform and Service at [email protected]. 

NOTICES & COMMUNICATIONS

By opening an iWish Account, you agree to receive notices, emails, newsletters or other communications from iWish. Any notices or other communications, including modifications to these Terms, will be in writing and issued by iWish via email (to the email address linked to your iWish Account supplied by you) or by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 

THE iWISH REFERRAL PROGRAM TERMS & CONDITIONS

The iWish Referral Program allows iWish Shoppers to earn a voucher which can be used for a current/future order when they refer friends to iWish. To participate in this scheme, iWish Shoppers must agree to these terms and conditions. Should you have any questions or concerns about the status of a Gift Card, email us at [email protected]  

Earning Referral Vouchers

iWish Shoppers, Shipper/Traveller can earn vouchers towards current/future orders when a referred friend uses their referral link to sign up for an account, create an order and make payment for Invoice 1. The referring iWish Shopper, Shipper/Traveller will be emailed a voucher with SAR 15 credit. This voucher can be used at Invoice 2 stage on a future order. 

Redeeming Referral Vouchers

Referral vouchers last for 3 months from the date they were issued. This voucher will be emailed to you and cannot be used in conjunction with another promotion or voucher code. They cannot be exchanged for cash or money. Only up to 4 referral vouchers may be combined at any one point. Referral vouchers may not be earned by creating multiple iWish accounts and any misuse of this scheme will mean automatic cancellation of your account. 

Sharing Referral Links

Referrals will only be honoured if they are shared with personal connections and only be used for personal and non-commercial purposes. Referral links should not be published or distributed on public forums, pages and websites (such as coupon websites, Wikipedia, forums, etc). 

Referred Friends

A referred friend may only use one referral link. Referred friends that have signed up using a valid referral link will receive SAR 25 when they have completed their first order. This voucher will be emailed to them and can be used at Invoice 2 stage of a current or future order. It will remain valid for up to 3 months from time of issue. 

Termination and Change of Referral Scheme

iWish refers the right to limit, suspend or terminate a Shopper’s ability to participate in our referral scheme. We reserve the right to investigate all referral activities. 

Updates to the Referral Terms

iWish can update these terms of the scheme at any point in time without prior notice. 

THE iWISH GIFT CARD PROGRAM TERMS & CONDITIONS

Once available, the iWish Gift Card program allows you to purchase and send a virtual iWish Gift Card via email. You may choose the amount in SAR (within certain limits) and complete your purchase using a credit card (Visa, Mastercard or American Express), Apple Pay or Google Pay. You will need the email address for the recipient of your Gift Card. You authorize us to charge your credit card, debit card or PayPal account at the time you purchase your gift card. Upon purchase, we will send the recipient of your Gift Card an email notifying them that they have received a Gift Card from you. 

He or she will have the option of to pay for Invoice 1 or 2 of their current order up to the value of the gift card issued. Each Gift Card has a unique code number associated with it and will expire within one year from the purchase date. Should you have any questions or concerns about the status of a Gift Card, email us at [email protected]  

Redeeming Gift Cards

Gift cards have a one-year expiry date from the date they were purchased. This gift card will be emailed to you and cannot be used in conjunction with another gift card but can be used with a voucher code (only at Invoice 2). They cannot be exchanged for cash or money. Any misuse of this scheme will mean automatic cancellation of your account. 

The Usage of Gift Cards

Gift Cards can be used during the payment of Invoice 1 (cost of items, shipping and other fees, taxes) or Invoice 2 (iWish Service Fee) during an order. Should the gift cards cover the cost of the invoice, any remaining balance will be stored and saved under your profile to be used in the future. Should there be an outstanding balance after the gift card is used, the Shopper is required to pay for the rest of the invoice plus any fee included within the transaction. 

Multiple Gift Cards

Only one gift card may be used per payment of an Invoice. Should you have a remaining balance of a gift card after payment of Invoice 1, you can use the same gift card and apply it to Invoice 2 of your current order. 

Denominations of Gift Cards

Gift cards can be purchased in values of SAR 50, 100, 250 500, 1000, 5000, 10000. 

Gift Cards Policy

iWish is not responsible if any Gift Card is lost, stolen, or any Gift Card is used without your permission. iWish reserve the right to void Gift Card if we suspect that a Gift Card is obtained, used, or fraudulently, unlawfully, or otherwise in violation of these Terms & Conditions. 

PRIVACY & DATA COLLECTION

You agree that iWish ’s Privacy Policy (set out below) governs iWish collection and use of your personal information. You agree to keep your iWish password confidential, to safeguard it and your computer(s) and mobile Internet device(s) from access by others, and to log out of the Platform when your session is complete. You are responsible for any use of the Platform and Services and of your iWish account created with your nominated login and password. 

If you become aware of or suspect any unauthorised use of your iWish account, or any known or suspected security breach such as disclosure or loss of your password or theft of your iWish account information, you are required to notify iWish promptly of such breach. iWish will take immediate measures to block or deactivate your iWish account, and depending on the circumstances of the security breach, iWish may allow you to open a new account. 

As a Shopper, personal information such as address, full name and contact number will be disclosed to your selected Shipper/Traveller based on these Terms and user agreement set out with authorised Shipper/Traveller. Shoppers are obligated to keep the contact details of their Shipper/Traveller (particularly shipment address) private and confidential. Shipper/Traveller are obligated to keep details of their selected Shopper(s) private and confidential. 

Shoppers and Shipper/Traveller may not exchange personal details when transacting via the Platform and/or Service. For the safety, privacy and protection of users, iWish do not condone the exchange of identifiable and private contact details on the Platform and/or Service. It is the responsibility of the Shopper and Shipper/Traveller to take necessary precautions and measures to safeguard the dissemination of their personal details on the Platform and Service. In order to provide quality services, iWish collects certain personal information about you, including but not limited to your name, gender, geographical location/address, birthday, email, and phone numbers and shopping preferences. iWish uses “cookies” in conjunction with similar automated techniques (such as web beacons or tracking URLs) to obtain and collect information. Your browser/device may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. Please note that some parts of the Platform may not work as intended or may not work at all without cookies. iWish may use cookies for a number of purposes such as: 

1. Enable, facilitate and streamline the functioning of the Platform across different webpages application sessions and browser sessions.
2. Simplify your access to and use of the Platform to make the experience more seamless. 
3. Monitor, track and analyse performance, operations and effectiveness of the Platform, so that we can improve and optimise the experience. 
4. To show you content (which may include certain product advertisements or promotions) that is more relevant to you and your needs. 

By opening a iWish  Account, you consent that the information you submit upon account creation and when you transact via the Platform may be transferred to, stored in and/or processed in any country when such transfer, storage and/or processing are necessary to provide and operate relevant Services to you. 

Your email address may also be used to send email communications, marketing newsletters, order notifications, order updates or messages from your selected Shipper/Travellers. You may opt out of receiving email communications and/or marketing newsletters, but your email is still required and must still be active for order notifications, order updates and messages from your selected Shipper/Traveller for submitted Orders (from start to finish). 

The Platform will contain links to other websites not owned or controlled by iWish. iWish does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device or collect and solicit personal information from you. These sites will have their own conditions about the collection, use and disclosure of personal information. 

iWish encourages you to read the terms of use and privacy policies of other websites that you visit. iWish continuously strives to implement and update administrative, technical and physical security measures to protect your personal information against unauthorised access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information can be 100% secure and guaranteed. As such, iWish cannot guarantee absolute security of your transmission to us and your personal information that we store. You may review, update, correct or delete your personal information in your iWish Account. If you would like to update/amend your iWish Account, you can do so by logging into your account. If you would like to cancel/deactivate your iWish account entirely, please contact iWish. 

Please note that any reviews, Shopper, Shipper/Traveller communications and similar materials posted by you may continue to be publicly available on the Platform in association with your username, even after your iWish account is de-activated or cancelled. Our Platform uses social plugins which are provided and operated by third-party companies, such as Facebook, and Google. As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identify (whilst the converse is where the third-party may be able to link information about your visit to our Platform to your account with them). Your interaction with the social plugin may be recorded by the third- party and as such, their Privacy Policy applies. If you do not agree to any part of this Privacy Policy, then iWish cannot provide the Platform and Services to you, and you should promptly stop accessing the Platform and deactivate your iWish Account. Please contact iWish to deactivate your iWish Account. 

iWish may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. iWish may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you by posting the changes to these Terms on the Platform or by sending an email to you. If we let you know of the changes through email communication, then the date on which we sent the email will be deemed to be the date of your receipt of that email. 

ACCOUNT DELETION

The user may opt to delete their account from the iWish platform by clicking on the “Delete Account” from their profile page. If the user chooses to proceed, the account will be deleted immediately provided that a wish linked to their account is not under fulfillment. This action will irreversibly:

1. Delete the user’s profile and user ID
2. Delete the wishes, wish lists, trips, and offers associated with the user
3. Delete the user’s saved items
4. Delete the user’s chats
5. Delete the user’s polls, surveys, ratings, and reviews
6. Deactivate the user’s referral code
7. Invalidate the user’s referral credits without recovery, refund, or cash out

If the Shipper/Traveller has a Wish that they have committed to and not fulfilled, they will be required to complete the transaction by having delivered the Wish as per the Terms and Conditions of iWish and have it accepted by the Shopper. 

If the Shopper has a Wish that they have paid for and not yet received, they will be required to wait for the completion of the transaction by having received the Wish from the Shipper/Traveller as per the Terms and Conditions of iWish, and mark it as accepted.

Once the account is deleted the user can't regain access to their account. We may, however, retain certain log data in our databases even after the user deletes their account, but such data will be disassociated from any identifying information such that it can no longer be linked to their account. To do this, on a regular basis, we wipe certain identifying information from this log data, and we replace any instance of their account ID with a replacement identifier which cannot be linked back to their account once it is deleted. We may also keep your information for things like legal issues, terms violations, or harm prevention efforts.

Subject to and upon the terms and conditions of this Agreement, the user shall indemnify and hold harmless iWish, once the user opts to delete their account, for any actions, disputes, claims, damages, expenses, fees, harms, losses in respect to the provisioning of services by iWish or the provisioning of products by the Shipper/Traveller. 

The user also agrees to forgo their rights for raising any disputes with the Shipper/Traveller or iWish after the deletion of the account. 

OWNERSHIP, INTELLECTUAL PROPERTY, COPYRIGHT & TRADEMARK

All trademarks, service marks, logos, trade names and any other proprietary designations of iWish used herein are trademarks or registered trademarks of iWish. The iWish  Platform, user interface, ‘look and feel’, content, application features and all associated and underlying software technology, know-how, methodologies, processes, collaborations and integrations are and will remain the sole property of iWish or its relevant third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The software, data generated by said software, and all other materials made available on the Platform are licensed to you by iWish on a limited and non-exclusive basis. 

'iWish' and the iWish logo design are trademarks, with registration in the Kingdom of Saudi Arabia. The use of the Platform does not grant you a license to use, reproduce or distribute any of these trademarks. Additionally, the following applies: 

1. All copyrights, application, website copies and images belong to iWish. 
2. You may not use any meta tags or any other ‘hidden text’ which incorporates iWish name or trademarks without prior written consent from iWish.
3. Whilst utilising the mobile application and/or website, you may print or electronically store any or all of the web pages or screen solely for your own personal use.
4. You may not scrape, frame or display information from the Platform for use in another website or service without prior written consent from iWish 
5. You may hyperlink to the Platform in a limited manner; iWish respects the intellectual property rights of others and expect others to do the same. iWish may re-post or re-issue images and/or content from Shoppers and/or Shipper/Traveller on the Platform. iWish endeavours to regulate and remove the publication of content, information or materials that is infringing third-party copyright, trademark or other legal protections.

MALICIOUS CONTENT

iWish makes all reasonable attempt to ensure that the Platform excludes viruses, worms and any other malicious content from its web pages. iWish cannot guarantee the complete absence as such and encourage users to take necessary safeguards and precautions prior to downloading information and content from the Platform. 

LINKS

The Platform and Services may contain links to third party website or resources. You acknowledge and agree that iWish is not responsible or liable for: 

1. The availability or accuracy or such websites or resources. 
2. The content, products or goods on or available from such websites or resources. Links to such websites or resources do not imply any endorsements by iWish of such websites or resources or the content, products or goods available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such website or resources of the content, products or goods on or available from such websites or resources. 

FEEDBACK AND RATING

iWish welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Platform and Services. You may submit them by emailing us or through the “Contact Us” section of the Platform or emailing us at [email protected]  

Shoppers, Shipper/Traveller are also able rate each other after an Order has been completed. 

iWish reserves the right to display and use the feedback/rating on the Platform and/or Service. You acknowledge and agree that all feedback/rating you give us will be the sole and exclusive property of iWish  and you hereby irrevocably assign to iWish  all your rights, titles and interests in all feedback provided, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such feedback/rating. iWish may or may not chose to use or publish submitted feedback/rating on the Platform. iWish also reserve the right to retain such feedback in the event of disputes as evidence. 

MODIFICATION TO THE TERMS OF SERVICE

iWish may modify these Terms at any time without prior notice. Continued usage of the Platform and/or Services after such modifications constitutes your acceptance of the changes made to the Terms of Service. 

SUSPENSION, TERMINATION & ACCOUNT CANCELLATION

iWish may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your iWish Account. If we exercise our discretion under these Terms to do so, any or all of the following occur with or without prior notice or explanation to you: 

1. Your iWish Account will be deactivated or suspended, your password will be disabled, and you will not be able to access to Platform or Service or receive assistance from iWish or Shipper/Traveller.
2. Any pending or accepted Orders by Shipper/Traveller will be immediately terminated.
3. We may communicate to the Shipper/Traveller that a potential Order has been cancelled.
4. We may contact the Shopper to inform them that the Order has been cancelled.
5. You will not be entitled to any compensation for Orders that were cancelled as a result of a suspension, deactivation or termination of your iWish account. You may cancel your iWish Account at any time by contacting iWish. Please note that if your iWish Account is cancelled, we have no obligation to delete or return to you any content you have posted onto the Platform or Service, including, but not limited to, any reviews, feedback or product listing information. 

DISCLAIMERS OF WARRANTIES

If you choose to use the Platform and/or Services, you sole do so at your own risk. You acknowledge and agree that iWish does not have an obligation to conduct background checks on any users but may conduct such background checks at its sole discretion. The Platform and Services are provided “as is”, without warranty of any kind, either express or implied. iWish makes no warranty that the Platform or Services, including but not limited to, the Wishlist, Orders, Shopper Shipper/Traveller iWish transaction, product availability, payment gateway, logistics services will meet your requirements or be available on an uninterrupted, secure or error-free basis. 

iWish explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quite enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. iWish makes no warranty regarding the quality of any product listings, logistics calculations, shipping quotes, voucher codes, or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Platform or Services or from third- party website or resources. 

No advice or information, whether oral or written, obtained from iWish or through the Platform or Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with your selected Shipper/Traveller on the Platform and Services and with other iWish personnel with whom you communicate or interact with as a result of your use of the Platform or Services. 

You understand that iWish does not make any attempt to verify all statements of users of the Platform or Services or to review the products listed. You agree to take reasonable precautions in all communications and interactions with your selected Shipper/Traveller and with iWish with whom you communicate or interact with as a result of your use of the Platform or Services, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by iWish.

You agree to take reasonable precautions when requesting Shipper/Traveller make purchases with third party sellers (including but not limited to eBay, Alibaba, Amazon sellers, social media individual sellers, local country marketplace sellers) and shall not hold iWish and its Shipper/Traveller liable for any potential fraud resulting from this transaction. Our Shipper/Traveller will take necessary steps to minimise fraud by doing due diligence on the third-party seller from a local 'purchasing' perspective (including taking down personal details of the third-party seller, its bank account details, using credit debit cards for protection where at all possible).

iWish  is not liable for any user’s inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to the unavailable or unreliable telecommunication networks or internet service providers, incompatible or malfunctioning equipment, or software you use for such access, or other causes beyond and outside iWish  control. 

LIMITATIONS OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by the law in the Kingdom of Saudi Arabia, the entire risk arising out of your access to and use of the Platform and Services, your Wishlist and Orders, your Shopper- Shipper/Traveller communication, your use of voucher codes, your use of gift cards, your use of payment gateway platform, your purchase of products or items, your use of logistics services available and any contact you have with Shipper/Traveller or iWish personnel whether in person or online remains with you. 

Neither iWish  nor any other party involved in creating, producing or delivering the Platform or Services will be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or loss of goodwill, service interruptions, computer damage or system failure or the cost of substitute products or goods, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Platform or Services from any communications, interactions or meetings with other users of the Platform or Services or other persons with whom you communicate or interact as a result of your use of the Platform or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not iWish  has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for the loss of or damage to packages during export shipment, your exclusive remedy with respect to any errors in services provided to you will be determined on a case by case basis at the sole discretion of iWish. 

Some countries do not allow the disclaimer of implied warranties and limitation of certain damages, so such disclaimers and limitations may not apply to you. Any products purchased by a Shopper through a Shipper/Traveller is done completely at the risk of a Shopper. Any adverse effects caused by the goods, is solely the responsibility of the Shopper. iWish and the Shipper/Traveller take no responsibility for any adverse issues, health, personal, financial or otherwise caused by the goods, directly or indirectly. 

TRANSFER OF RIGHTS AND OBLIGATIONS

You hereby grant iWish the right to, and irrevocably acknowledge and agree that iWish may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this Terms of Services Agreement to any of its affiliates without requiring your further specific agreement. iWish agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Platform. You may not at any time, without the prior written consent of iWish, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of iWish.

INDEMNITY

You agree to indemnify and hold iWish and its affiliates, officers, employees, suppliers, developers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this Terms of Services Agreement, or your violation of any law or the rights of a third party.

RELATIONSHIP AND NOTICE

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and iWish and you shall have no authority to bind iWish in any manner whatsoever. 

Except as explicitly stated otherwise, any notices to iWish from you shall be given by you by email to iWish at [email protected] with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by iWish by return email. Any notices to you from iWish shall be given by notices posted on the Platform or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

SEVERABILITY

If any clause of this Terms of Services Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this Terms of Services Agreement. This Terms of Services Agreement (as amended from time to time in accordance with the terms of this Terms of Services Agreement) sets forth the entire understanding and agreement between you and iWish with respect to the subject matter hereof. 

No person who is not a party to this Terms of Services Agreement shall have any right to enforce any term of this Terms of Services Agreement. If this Terms of Services Agreement is translated into any language other than Arabic, whether on the Platform or otherwise, the Arabic text shall prevail under the laws of the Kingdom of Saudi Arabia.

GOVERNING LAW

The Kingdom of Saudi Arabia is our country of domicile. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of KSA. This clause will survive any expiry or cancellation of this User Agreement for any reason.

If you have any questions about these Terms, please contact iWish via email at [email protected]