Nefaya · Visible Twin Co.
Terms & Conditions
Version 1.4. This version is effective on the effective date displayed at the start of this document. It replaces version 1.3 of 6 October 2026. Orders concluded before this version takes effect remain governed by the terms that applied to them, where necessary (clause 26).
1. Introduction and Acceptance
1.1These Terms and Conditions (the "Terms") govern your access to and use of the Nefaya mobile application, website, and related services (together, the "Platform") operated by Visible Twin Co., a company registered in the Kingdom of Saudi Arabia under commercial registration no. 7050033856, with its registered office at 15b, Ash Shulah Dist.1, Dammam, Saudi Arabia ("the Company", "we", "us", or "our").
1.2The Platform is a digital marketplace that connects: (a) persons who require the delivery, placement, hire, and collection of waste containers ("Customers"); with (b) independent third-party businesses that own, supply, deliver, place, collect, and lawfully dispose of the contents of such waste containers ("Providers"). Customers and Providers are together referred to as "Users".
1.3By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Platform.
1.4Where you use the Platform on behalf of a business or other legal entity, you represent that you are authorised to bind that entity to these Terms, and "you" refers to that entity.
1.5The Platform is made available in the Kingdom of Saudi Arabia and in any other territory we designate from time to time. You are responsible for compliance with local laws applicable to your use.
2. Definitions and Interpretation
2.1In these Terms, unless the context requires otherwise:
(a) "Booking" or "Order" means a request submitted by a Customer through the Platform for Provider Services;
(b) "Charges" means all amounts payable in connection with an Order, being the Provider Price, any surcharges under clause 12.1, and the Nefaya Service Fee;
(c) "Container" means a waste skip, bin, roll-on/roll-off container, dumpster, or similar receptacle offered through the Platform;
(d) "Content" means any text, image, photograph, rating, review, listing, or other material submitted to or through the Platform by a User;
(e) "Hire Period" means the period during which a Customer hires a Container, beginning on delivery and ending on collection;
(f) "Platform Fees" means the Nefaya Service Fee and any fee payable by a Provider to the Company under clause 12.2B;
(g) "Prohibited Waste" and "Restricted Waste" have the meanings given in clause 9;
(h) "Provider Contract" means the contract for Provider Services formed between a Customer and a Provider under clause 7;
(i) "Provider Services" means the supply, delivery, placement, hire, collection, transport, and lawful disposal of Containers and their contents by a Provider; and
(j) "Nefaya Service Fee" means the fee payable by a Customer to the Company for the Company's own booking and platform service, as described in clause 12.2A; and "Provider Price" means the VAT-inclusive price of the Provider Services set by the Provider and shown in the listing and the Order.
2.2Headings are for convenience only. Words in the singular include the plural and vice versa. "Including", "includes", and "for example" are not words of limitation. References to a statute or regulation are to that statute or regulation as amended or replaced from time to time. References to a person include companies and other legal entities.
3. Our Role — Marketplace Only
3.1The Platform is a neutral technology platform that enables Users to find one another and to enter into contracts for Provider Services. We provide the technology; the Provider Services are provided by Providers.
3.2We are not a party to any contract for Provider Services. Each Order, once accepted, forms a binding contract solely between the relevant Customer and Provider (the "Provider Contract"). The Provider is the seller of the Provider Services and the supplier of those services for value added tax purposes, at the Provider Price.
3.2ADisclosed agency and our own fee. When a Customer places an Order, we conclude the booking in the Provider's name and on the Provider's behalf, as the Provider's disclosed agent, and the Provider's identity is disclosed to the Customer before the Customer confirms. We do not buy or resell the Provider Services. Separately, we are the seller of our own booking and platform service to the Customer, for which we charge the Nefaya Service Fee under clause 12.2A. Our role in payments is described in clause 13.
3.3We do not own, operate, control, supply, deliver, place, or collect Containers, and we do not collect, transport, handle, treat, or dispose of waste. The licences required to perform the Provider Services are held by the Provider (clause 5.6). Providers are independent businesses and are not our employees, partners, or representatives; our authority from a Provider is limited to the booking agency in clause 3.2A and the payment arrangements in clause 13.
3.4We do not guarantee the quality, safety, legality, timing, or availability of any Provider Services, the accuracy or completeness of any listing, or that any User will perform its obligations. Any rating, verification badge, or screening that we display or perform is provided for convenience only and does not constitute a warranty or endorsement.
4. Eligibility and Accounts
4.1As a condition of using the Platform, which we set as our own eligibility rule, you must be at least 18 years old. You must also have full legal capacity to enter into a binding contract under the laws of the Kingdom of Saudi Arabia.
4.2You must provide accurate, current, and complete information when registering and must keep your account information up to date.
4.3You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use or security breach.
4.4Customer accounts may be opened by individuals (consumers) or by businesses, as indicated on registration.
4.5Provider accounts must be opened by a business. A Provider must supply its legal name, commercial registration and applicable licence numbers, and authorised-representative details, and must complete the verification in clause 5 before listing Containers or accepting Orders.
4.6We may refuse, restrict, suspend, or terminate the account of a Customer or other User at our discretion, including for breach of these Terms, suspected fraud, risk, or legal or regulatory reasons. The refusal, restriction, suspension or termination of a Provider's account is governed by clause 22.1.
5. Provider Verification, Licensing and Compliance
5.1As a continuing condition of using the Platform, each Provider represents, warrants, and undertakes that it:
(a) holds and maintains all licences, permits, registrations, and approvals required to provide the Provider Services, including any waste-collection, transport, and carrier authorisations required by the National Center for Waste Management ("MWAN") and by applicable Saudi environmental, municipal, and transport laws;
(b) transports and disposes of waste only at facilities lawfully permitted to receive and treat it, and in accordance with applicable law;
(c) complies with all applicable health, safety, environmental, traffic, and labour laws;
(d) maintains the insurance required under clause 16;
(e) engages trained and authorised personnel and uses roadworthy, compliant vehicles and equipment; and
(f) will provide evidence of any of the foregoing to us promptly on request.
5.2We may, but are not obliged to, verify Provider information and documents. Any verification we carry out is for our own and Users' convenience and does not transfer to us any responsibility for the Provider's compliance, which at all times remains solely with the Provider.
5.3The Provider must notify us promptly if any licence, permit, registration, or insurance is suspended, revoked, expires, lapses, or becomes subject to investigation, and must immediately cease accepting Orders it is not lawfully able to fulfil.
5.4The Provider is solely responsible for determining and discharging its duty-of-care and chain-of-custody obligations in respect of waste it collects, including the completion and retention of any waste transfer notes, manifests, or other documentation required by law.
5.5Reserved.
5.6Waste-sector licensing and documents.
(a) Provider licence. The Provider must hold, and keep valid for as long as it uses the Platform, every licence, permit and approval issued by the National Center for Waste Management ("MWAN") or any other competent authority that is needed for each activity it offers (such as collection and transport) and for each waste category it accepts. It must not offer any activity or waste category its licences do not cover.
(b) Evidence and notice. The Provider must provide evidence of those licences and permits, including their numbers, expiry dates and the activities and categories covered, when it registers and whenever we ask, and must notify us at once if any of them lapses, expires, is suspended or is revoked. We may make a Provider's licence number available to Customers with its listings or Orders.
(c) Our verification. We may verify a Provider's licences and permits. We may suspend or remove a Provider, or any listing, where a required licence or permit is missing, expired or suspended, or where the Provider does not provide evidence when asked. Verification by us does not replace the Provider's duty to hold valid licences or the waste producer's own duty to check them.
(d) No unlicensed subcontractors. The Provider must perform the Provider Services itself or through persons who hold the licence required for the work, and must not hand waste to any person that is not licensed to receive it.
(e) Transport document. Where the law requires a transport document (وثيقة نقل) for the waste concerned, the Provider must issue or complete it with the waste producer, sign it, give the Customer a copy, and keep its own copy for the period the law requires.
(f) Customer duties. The Customer must not load, or allow anyone to load, Prohibited Waste or any hazardous waste (clause 9). Where the Customer is the waste producer, or orders on behalf of the waste producer, the Customer must check the Provider's licence before handing over waste, using the details made available to it or by asking the Provider, and must tell us at once if they appear wrong. The Customer is responsible for site access, for any municipal or Balady permit for the site, and for any permission needed to place a Container on a road or other public land (clause 10), unless the Provider has agreed to arrange it. Permits are a matter between the Customer and the Provider; we do not obtain permits for Customers or Providers.
(g) Our role. We operate the Platform only. We do not collect, transport, store, treat or dispose of waste, and we are not a licensed waste collector, transporter, treatment or disposal operator.
5.7VAT registration. Each Provider represents, warrants and undertakes that: (a) it is registered for value added tax in the Kingdom of Saudi Arabia and will keep that registration valid for as long as it uses the Platform; (b) the legal name, VAT registration number and address it gives us are accurate and complete, and it will update them at once if they change; and (c) it will notify us at once, and stop accepting Orders, if its VAT registration is cancelled, suspended or ceases to be valid. Where we include the Provider's details in any transaction information, we use the details the Provider has given us without verifying them, and the Provider is solely responsible for their accuracy and for any tax, penalty or loss arising from incorrect details or a lapsed registration.
6. Provider Listings and Pricing
6.1Providers are solely responsible for the accuracy and completeness of their listings, including Container types and sizes, coverage areas, prices, Hire Periods, permitted and excluded waste types, and any conditions.
6.2A Provider must honour the prices and terms displayed at the time a Customer places an Order, subject only to permitted surcharges under clause 12.
6.3Listings must not be false, misleading, or unlawful, and must not offer services the Provider is not licensed to perform.
7. Bookings and Contract Formation
7.1A Customer places an Order by selecting a Container, a delivery location, a Hire Period, and any other required details through the Platform and confirming the Order.
7.2An Order constitutes an offer by the Customer to enter into a Provider Contract with the relevant Provider on the terms displayed. A Provider Contract is formed when the Provider, or the Platform acting on the Provider's behalf through automated acceptance, confirms the Order.
7.3Any delivery period shown before an Order is confirmed is an estimate. The total price shown when the Order is confirmed is the price of the Order, and no other amounts are added to it after confirmation except the surcharges permitted under clause 12.1, subject to clause 12.3.
7.4The Customer is responsible for selecting the correct Container size and type for its requirements and for the suitability of the chosen Provider Services.
7.5Managed Orders. Where a Provider, a Provider's business partner, or a platform administrator submits an Order on behalf of a Customer (a "Managed Order"), the Customer is invited, using a method made available by us that identifies Nefaya and the Provider and verifies the Customer's phone number (the "Claim Link"), to review and confirm the Order. Before the Customer confirms, the following are made available to the Customer: the Provider's identity; the Container, the service and the delivery address; the dates; the total price, including the Provider Price and the Nefaya Service Fee; how payment is made; and the cancellation terms. The Provider Contract is formed only when the Customer confirms. Until then no Charges are collected and the Order remains provisional. An invitation that is not confirmed within 7 days expires, the Managed Order is treated as not placed, and we delete the invitation data (the phone number supplied and the draft Order details), except any record we must keep by law.
8. Customer Obligations and Warranties
8.1The Customer represents, warrants, and undertakes that it will:
(a) use the Container only for waste of the types permitted by the listing and these Terms, and not deposit any Prohibited Waste;
(b) accurately declare the nature of the waste before, and at the time of, delivery;
(c) not overload the Container beyond its stated weight or fill limits and keep waste level with the rim;
(d) ensure safe, lawful, and unobstructed access for delivery, placement, and collection at the agreed location and time;
(e) obtain and pay for any permit or consent required to place a Container on a public road or land, in accordance with clause 10;
(f) keep the Container free from damage and not move, modify, deface, or mark it;
(g) comply with all applicable laws and the Provider's reasonable instructions; and
(h) pay all Charges when due.
8.2The Customer is responsible for the contents of the Container until collection and shall indemnify the relevant Provider and the Company in respect of any breach of this clause 8, in accordance with clause 21.
9. Prohibited and Restricted Waste
9.1Unless expressly stated as permitted in the listing and agreed in writing with a suitably licensed Provider, the following must not be placed in any Container ("Prohibited Waste"): hazardous, toxic, or chemically reactive waste; asbestos and asbestos- containing materials; clinical, medical, or infectious waste; liquids, oils, fuels, solvents, paints, and chemicals; batteries; tyres; gas cylinders and pressurised containers; explosives, ammunition, and flammable materials; waste electrical and electronic equipment (unless expressly arranged); refrigeration and air-conditioning units containing refrigerants; animal carcasses; radioactive materials; and any item the storage, transport, or disposal of which is regulated or prohibited under applicable law.
9.2"Restricted Waste" means waste accepted only on specific terms, or for an additional charge, as stated in the listing.
9.3If Prohibited Waste, or undeclared Restricted Waste, is found in a Container, the Provider may (without limiting any other remedy): refuse to collect the Container; remove and segregate the waste; return it to the Customer; arrange lawful disposal at the Customer's cost; and charge the Customer for additional handling, transport, disposal, fines, penalties, and clean-up. The Customer is liable for all such costs, penalties, and third- party claims.
9.4The Customer remains legally responsible, as the producer of the waste, for any unlawful waste it deposits, including for any regulatory penalties imposed.
10. Container Placement, Permits and Access
10.1Where a Container is to be placed on a public road, pavement, or land, the Customer is responsible for obtaining and paying for any permit, licence, or consent required by the relevant municipality or authority, unless the listing expressly states that the Provider will arrange it.
10.2The Customer warrants that any private land on which a Container is to be placed is suitable and that the Customer is entitled to authorise placement there.
10.3The Customer is responsible for compliance with any lighting, signage, and safety requirements applicable to a placed Container, except to the extent the Provider has expressly agreed to provide these.
10.4Neither the Company nor the Provider is liable for damage to surfaces (such as driveways, paving, or underground services) arising from placement at a location nominated or approved by the Customer, except to the extent caused by the Provider's negligence.
11. Delivery, Hire Period and Collection
11.1Delivery and collection windows are estimates and may be affected by traffic, access, weather, and other factors.
11.2The Hire Period begins on delivery and ends on the agreed collection date. Extended hire may incur additional charges under clause 12.
11.3If the Provider is unable to deliver or collect for reasons attributable to the Customer (for example, no access, an overloaded or blocked Container, or an obstructed vehicle), a failed-visit or wasted-journey charge may apply.
11.4Risk in the Container itself remains with the Customer during the Hire Period. Risk in, and responsibility for, the waste passes to the Provider on lawful collection, except in respect of Prohibited or undeclared Restricted Waste.
12. Charges, Fees, Surcharges and Taxes
12.1The Customer agrees to pay the price for the Provider Services shown in the Order, together with any applicable surcharges, including for: extended hire; overloading or exceeding weight limits; Prohibited or undeclared Restricted Waste; failed or wasted visits; permit costs; and re-delivery.
12.2Our remuneration is the Nefaya Service Fee paid by Customers under clause 12.2A, and any Provider fee introduced under clause 12.2B (together, the "Platform Fees").
12.2ANefaya Service Fee.
(a) The Nefaya Service Fee is payable by the Customer to the Company, in Saudi Riyals, for our own booking and platform service. It is not part of the Provider Price.
(b) We set the fee. It may differ by Provider, listing, Container or service. Before you confirm an Order, the fee is disclosed to you as an amount in Saudi Riyals and included in the total price.
(c) The fee shown when you confirm an Order is the fee for that Order. A change to the Platform Fees applies only to Orders placed after the change and never to an Order already accepted.
(d) We refund the fee in full if you cancel the Order before delivery, or if the Provider does not perform the Order (including a cancellation or reassignment under clause 22.1A that leaves the Order unperformed).
(e) While the Company is not registered for value added tax, no VAT is charged on the fee. If the Company becomes registered, the total shown before you confirm an Order will include any VAT due on the fee.
(f) The fee is collected and documented as set out in clauses 13.2A and 13.2B. The Provider's tax invoice covers only the Provider Price.
12.2BProvider fees. Providers pay us no commission, subscription or other fee at present. We may introduce a Provider fee or paid plan in future only by giving each affected Provider at least 30 days' notice through the Platform, by email or through another recorded electronic channel. A Provider who does not accept the new fee may close its account before it takes effect, without any charge, and Orders accepted before that date are completed on the terms in force when they were accepted. A Provider fee never applies to an Order accepted before it takes effect.
12.3Prices shown on the Platform are inclusive of value added tax (VAT) where VAT applies, currently 15% in the Kingdom of Saudi Arabia. The total price shown before you confirm an Order is the full amount you pay for that Order, being the Provider Price and the Nefaya Service Fee, and nothing is added to it at a later step except surcharges under clause 12.1 that arise from events after confirmation. Where VAT applies, the invoice states the net amount, the VAT amount and the total. Each party is responsible for its own taxes, except as required by law to be collected or withheld.
12.4Prices are stated in Saudi Riyals (SAR) unless stated otherwise on the Platform.
12.5Neighbourhood pricing. Prices may vary by neighbourhood. The neighbourhood is determined from the delivery location you set when you place an Order (clause 7.1). If the neighbourhood is determined incorrectly, you can select the correct neighbourhood before you pay. A Provider may decline an Order for a delivery location outside its service area, and the cancellation and refund terms in clauses 12.2A(d) and 14 then apply.
13. Payment, Collection and Settlement
13.1Payment methods. The payment methods available for an Order are disclosed before you confirm it. Where an Order is paid on delivery, the Customer pays the total price of the Order (the Provider Price and the Nefaya Service Fee) to the Provider, in cash or by another method the Provider accepts. Where card or other electronic payment is made available, it is processed through a payment service provider appropriately licensed in the Kingdom (the "PSP"), and you also agree to the PSP's terms.
13.2Provider Price and electronic payments. The Customer owes the Provider Price to the Provider. Where the Customer pays through the PSP, either (a) the PSP settles the Provider's share directly to the Provider, or (b) the Provider appoints the Company as its limited commercial agent to receive the Customer's payment through the PSP, deduct the Nefaya Service Fee and any other Platform Fees agreed under these Terms, process refunds permitted by these Terms, and remit the balance to the Provider. Payment to the PSP, or to the Company as the Provider's agent, discharges the Customer's obligation to the Provider to that extent. The Company does not offer any wallet, stored-value balance or payment account, and receives Customer payments only as the Provider's agent within this arrangement.
13.2ACollection of the Nefaya Service Fee by the Provider. The Nefaya Service Fee is owed by the Customer to the Company. On an Order paid to the Provider on delivery, the Provider collects the fee on the Company's behalf under the collection mandate in this clause, which each Provider accepts by accepting these Terms. Payment of the fee to the Provider discharges the Customer's obligation for the fee to that extent. The Provider: (a) collects the fee as the Company's collection agent and holds it for the Company; (b) does not treat the fee as its own revenue, as part of the Provider Price, or as a commission or deduction from its earnings; (c) remits all Nefaya Service Fees collected to the Company, by bank transfer or another method made available or otherwise notified by us, within the remittance period notified to that Provider; the Provider chooses a weekly, two-weekly or monthly period when it registers, and we may amend the remittance period prospectively on notice; and (d) may not set off the fee against any amount it claims from the Company or the Customer. If a fee is refundable under clause 12.2A(d) and the Provider has collected it, the Provider refunds it to the Customer on our instruction and it ceases to be owed to the Company. Failure to remit fees when due, after written notice, is a material breach for the purposes of clause 22.1A(a)(iv).
13.2BTransaction information and invoices. (a) After an Order is accepted, transaction information is made available to the Provider and the Customer using a method made available or otherwise notified by us. It is not a tax invoice, and it states the Provider's name, VAT registration number and address as given by the Provider under clause 5.7; the Order; the Provider Price with its net amount, VAT and total; the Nefaya Service Fee as a separate amount payable to the Company; and the total paid by the Customer. (b) The Provider issues its own tax invoice for the Provider Price, in its own name and under its own VAT registration. It covers only the Provider Price and does not include the Nefaya Service Fee. (c) The Company issues its own invoice for the Nefaya Service Fee, in the Company's name, using a method made available or otherwise notified by us. While the Company is not registered for VAT, that invoice shows no VAT and no VAT registration number.
13.2CBusiness Customers. A Customer ordering for a business may give us the business's legal name, VAT registration number and national address using a method made available by us. We pass these details to the Provider so that the Provider's tax invoice can be issued to the business. The Customer is responsible for their accuracy.
13.2DSettlement to Providers. Amounts due to a Provider will be remitted within the settlement period notified to that Provider through the Platform or other recorded communication. We may amend a settlement period prospectively on notice. Settlement may be delayed where reasonably necessary for payment clearance, refunds, disputes, fraud review, compliance requirements, set-off or other circumstances stated in these Terms.
13.2EAmounts owed by a Provider. Where an amount becomes payable by a Provider to the Company, the Company may collect it, invoice it or set it off against amounts otherwise payable to that Provider, using a method made available or otherwise notified by the Company.
13.3Holds and set-off. Where we hold or owe an amount, we may hold, set off or reverse it in cases of suspected fraud, chargebacks, refunds, disputes, or breach of these Terms. Holds and reversals of funds held by the PSP follow the PSP's terms.
13.4Card authorisation. Where the Customer pays through the PSP, the Customer authorises the PSP to charge the selected payment method for the Charges of the Order and, after we have given notice with supporting details, for surcharges under clause 12.1 arising from that Order.
13.5Late or failed payment may lead to suspension of the account under clause 22. We do not charge any fixed or percentage late-payment fee, penalty or interest on an unpaid amount. Only the actual, documented costs of collecting an unpaid amount may be recovered, and only where a competent court or tribunal awards them.
14. Cancellations, Changes and Refunds
14.1A Customer may cancel or amend an Order at any time before the scheduled delivery at no charge. On a cancellation before delivery, any amount already paid for the Order, including the Nefaya Service Fee, is refunded in full.
14.2Once a Container has been delivered, cancellation is treated as an early termination, and charges for delivery, hire, and collection may apply.
14.3Refunds, where due, are made to the payment method the Customer used. Where the Customer paid the Provider directly on delivery, the Provider refunds the Provider Price, and the Nefaya Service Fee is refunded by a method we notify or by the Provider on our instruction (clauses 12.2A(d) and 13.2A).
14.4This clause does not affect any mandatory cancellation or withdrawal right under Saudi e-commerce or consumer-protection law. The withdrawal position for Orders is set out in clause 27.2(h).
15. Damage, Loss and Spillage
15.1The Customer is responsible for loss of, or damage to, a Container during the Hire Period (other than fair wear and tear or damage caused by the Provider) and agrees to pay reasonable repair or replacement costs.
15.2The Customer is responsible for any damage, spillage, or contamination caused by overloading, Prohibited Waste, or its own acts or omissions.
15.3Claims relating to property damage or spillage are matters between the Customer and the Provider. We are not responsible for such matters except as expressly stated in these Terms.
16. Insurance
16.1Each Provider is solely responsible, at its own cost, for holding whatever insurance the law requires for its activity and any other insurance it considers appropriate for the Provider Services (for example third-party liability, motor, and environmental or pollution cover). We do not set minimum types or amounts of cover.
16.1AA Provider may declare its cover on the Platform (type of cover, insurer and expiry date), and we may show that declaration on its listings. Any cover shown is declared by the Provider and is not checked or verified by us. Showing it is not a statement, assurance or guarantee by us that the cover exists, is valid or is adequate. The Customer decides whether to rely on it and may ask the Provider for proof directly.
16.2We do not provide insurance to Users in respect of the Provider Services, and any claim on a Provider's insurance lies between the Customer and the Provider.
17. Ratings, Reviews and User Content
17.1Users may submit ratings, reviews, photographs, and other Content. Content must be accurate and lawful, must not infringe any third-party right, and must not contain the personal data of others without a lawful basis.
17.2We may, but are not obliged to, moderate, refuse, edit, or remove Content, and we may suspend Users who misuse ratings or reviews.
17.3Your submission of Content is subject to the licence in clause 19.
18. Acceptable Use and Anti-Circumvention
18.1You must not: misuse the Platform; breach any applicable law; infringe our or any third party's rights; introduce malware or harmful code; attempt to gain unauthorised access to the Platform or related systems; scrape, harvest, or extract data; reverse engineer the Platform; or otherwise interfere with its operation or security.
18.2Where a Customer was first introduced to a Provider through the Platform, neither of them may use contact details obtained through the Platform to arrange Provider Services between them off the Platform in order to avoid the Nefaya Service Fee, during their use of the Platform and for 12 months after that introduction. This clause does not apply to a customer the Provider served before that customer's first Order with that Provider on the Platform. Nothing in these Terms requires a Provider to charge any particular price, to offer prices on the Platform that are equal to or lower than its prices elsewhere, or to follow any recommended price; each Provider sets its own prices.
18.3You must not create listings or Orders that are fraudulent or misleading, or that relate to unlawful waste or unlicensed activity.
19. Intellectual Property
19.1The Platform, including all software, source and object code, databases, designs, text, graphics, user interfaces, "look and feel", trademarks, logos, trade names, and other materials, together with all intellectual property rights in them, is owned by or licensed to the Company and is protected under applicable laws. All rights not expressly granted are reserved.
19.2Subject to your compliance with these Terms, we grant you a limited, revocable, non- exclusive, non-transferable, and non-sublicensable licence to access and use the Platform for its intended purpose. No other rights are granted, by implication or otherwise.
19.3You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works from, or attempt to extract the source code of, the Platform, except to the extent such restriction is prohibited by applicable law.
19.4User Content licence. You retain ownership of Content you submit. You grant the Company a worldwide, royalty-free, transferable, and sub-licensable licence to host, store, use, reproduce, adapt, publish, translate, display, and distribute that Content for the purposes of operating, providing, promoting, and improving the Platform and our business, for the maximum duration permitted by applicable law. You represent and warrant that you own or have all rights necessary to grant this licence and that the Content does not infringe any third-party right or any law.
19.5Trademarks. You must not use our trademarks, logos, or brand features without our prior written consent, except as expressly enabled within the Platform. A Provider is granted no right to use our marks other than as we expressly authorise for the purpose of receiving and fulfilling Orders.
19.6Feedback. If you provide suggestions, ideas, or feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or obligation, to the maximum extent permitted by applicable law.
19.7Infringement notices. If you believe Content on the Platform infringes your intellectual property rights, please notify us at support@nefaya.com with: identification of the right and the work concerned; identification and location of the allegedly infringing Content; your contact details; a statement that you have a good-faith belief that the use is not authorised; and a statement that the information in your notice is accurate. We may remove allegedly infringing Content and may suspend or terminate repeat infringers. The affected User may submit a counter-notice.
19.8Third-party and open-source components are used subject to their own licence terms, which prevail over these Terms in respect of those components.
19.9Map data © OpenStreetMap contributors, ODbL; district boundaries from the Tabaqat geocoding project.
20. Disclaimers and Limitation of Liability
20.1To the maximum extent permitted by applicable law, the Platform and all information on it are provided on an "as is" and "as available" basis, and we disclaim all warranties, whether express or implied, including as to merchantability, fitness for a particular purpose, accuracy, availability, and non-infringement.
20.2The Provider Services, including container hire, delivery, placement, collection, haulage and disposal, are performed by the Provider under the Provider Contract. We are not a party to the Provider Contract and, to the maximum extent permitted by applicable law, we are not liable for the performance or non-performance of the Provider Services, for the Provider's acts or omissions in performing them, or for any Customer's waste or conduct. Claims about the Provider Services, including damage, loss, spillage, injury and insurance, lie between the Customer and the Provider (clauses 15.3 and 23). This does not affect our own obligations under these Terms, including handling complaints (clause 27.2(j)), showing Provider identity and licence details (clauses 5.6 and 27.2(b)), refunding the Nefaya Service Fee (clause 12.2A(d)), and cancelling, refunding or reassigning Orders on a suspension (clause 22.1A).
20.3To the maximum extent permitted by applicable law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, business, goodwill, or data, or for any damage arising from the Provider Services, User Content, third-party services, or events beyond our reasonable control.
20.4To the maximum extent permitted by applicable law, our total aggregate liability for our own acts and omissions in operating the Platform and providing our booking and platform service is limited to the greater of: (a) the total Platform Fees paid by you in the 12 months immediately before the event giving rise to the claim, whether paid to us directly or to a Provider as our collection agent; and (b) SAR 10,000. This limit does not apply to: (i) our fraud or gross negligence; (ii) our liability for a harmful act, including injury to a person or damage to property; (iii) refunds due to you under these Terms or by law; or (iv) amounts we ourselves hold or have collected for you or for another person.
20.5Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. The mandatory statutory rights of consumers are not affected by this clause.
21. Indemnity
21.1You agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, employees, and agents from and against all claims, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your breach of these Terms or of any Provider Contract;
(b) your violation of any applicable law or any third-party right;
(c) for Customers, the nature of the waste deposited, any Prohibited Waste, contamination, or Container placement;
(d) for Providers, the provision of the Provider Services and any licensing, environmental, safety, transport, or disposal failure; and
(e) any Content you submit.
22. Suspension and Termination
22.1We may suspend or terminate the access of a Customer or other User to the Platform immediately and without liability if you breach these Terms, create risk or legal exposure for us or others, provide false information, or for legal or regulatory reasons. For Providers: We may refuse, restrict, suspend or terminate an account for the reasons stated in these Terms. We may terminate a Provider's account for a reason not related to a breach by the Provider on reasonable prior notice. As a general rule, such termination does not affect Orders confirmed and outstanding at the time of termination. We may suspend or terminate immediately on a material breach of these Terms, a reasonable suspicion of fraud, the provision of materially incorrect information, the loss of a required licence or permit, a safety risk or a breach of law, or where a competent authority requires it. Clause 22.1A sets out the process for suspending a Provider while a legal or regulatory matter is being investigated; it does not govern every termination.
22.1ASuspension of a Provider.
(a) Grounds. This clause sets out the process for suspending a Provider's account while a legal or regulatory matter is being investigated. We may suspend under this clause where we have reasonable grounds to believe that: (i) the Provider's operations pose a credible risk to the safety of people or property; (ii) the Provider has committed or attempted fraud; (iii) a licence or permit the Provider needs for the Provider Services is missing or has been suspended, revoked or has expired, or the Provider has not provided evidence of it when asked; (iv) the Provider has materially breached these Terms, including clause 5 (including 5.7), 13.2A or 16; or (v) a competent authority has directed us to suspend it.
(b) Reasons and response. We tell the Provider in writing which ground applies and why, and give it 7 days to respond before the suspension takes effect. Where the matter is urgent, or where giving notice first would breach the law or a direction of an authority, we may suspend first and then give reasons and an opportunity to respond.
(c) Effect. While suspended, the Provider cannot list Containers or accept new Orders.
(d) Unconfirmed Orders. We may cancel any Order the Provider had not confirmed when the suspension took effect; if we do, all amounts paid for it, including the Nefaya Service Fee, are refunded.
(e) Confirmed Orders. The Provider may complete an Order it confirmed before the suspension unless we direct otherwise. A suspension under (a)(iii), or any case in which the Provider cannot lawfully perform, is a direction that the Provider must not continue the regulated work, and we will offer to reassign the Order to another licensed Provider at the same total price. If no licensed Provider accepts it, or the Customer does not agree, the Order is cancelled and all amounts paid for it are refunded. A Container already on site is collected by a licensed Provider.
(f) Review. We review a suspension when the Provider responds or the ground changes, lift it when the ground no longer applies, and tell the Provider our decision and reasons.
22.2You may close your account at any time. Closure does not affect any accrued rights or obligations, or any Order in progress at the time of closure.
22.3Provisions that by their nature are intended to survive termination (including clauses 2, 8.2, 9, 15, 19, 20, 21, 23, and 29) survive termination of these Terms.
23. Disputes Between Users
23.1Disputes regarding the Provider Services are between the Customer and the Provider. We are not obliged to resolve such disputes, but we may, at our discretion, provide information or assistance (for example, by facilitating a refund through the PSP) without assuming any liability.
23.2Users must cooperate reasonably and in good faith to resolve disputes between them.
24. Compliance, Anti-Bribery, AML and Sanctions
24.1Each User must comply with all applicable laws, including environmental, consumer- protection, e-commerce, data-protection, anti-bribery, anti-money-laundering, and economic-sanctions laws.
24.2You represent that you are not the subject of applicable economic sanctions and that you will not use the Platform for any unlawful purpose or to facilitate any unlawful activity.
25. Force Majeure
25.1We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental action, and failures of utilities, networks, or third-party services.
26. Changes to the Platform and these Terms
26.1We may modify the Platform at any time. We may amend these Terms, our commercial arrangements, platform procedures, Platform Fees, settlement arrangements and policies with effect for the future, on reasonable notice given through the Platform, by email or through another recorded electronic channel. Each version of these Terms takes effect on the effective date displayed at its start.
26.2An amendment has no retroactive effect on an Order accepted before it takes effect, unless the law requires it or the parties expressly agree. Orders concluded before an amendment remain governed by the terms that applied to them, where necessary.
26.3Where an amendment materially changes a Customer's existing legal rights, or where the law requires renewed consent, the amendment applies to that Customer only once the Customer has accepted it. For a Provider's commercial terms, prospective notice under clause 26.1 is sufficient, subject to the minimum notice in clause 12.2B for any new Provider fee. Otherwise, continued use of the Platform after an amendment takes effect is acceptance of it; if you do not accept an amendment, you may stop using the Platform and close your account. Nothing in this clause affects any mandatory statutory right.
27. Consumer Provisions
27.1Saudi e-commerce law treats any person who deals through e-commerce, whether an individual or a business, as a consumer. This clause 27 therefore applies to every Customer. Nothing in these Terms affects any mandatory statutory right.
27.2Information for Customers. The following information is made available to you in these Terms, on the listing, at checkout or with the Order:
(a) Who we are. The Platform is operated by Visible Twin Co., commercial registration no. 7050033856, 15b, Ash Shulah Dist.1, Dammam, Saudi Arabia; email support@nefaya.com.
(b) Who provides the service. Before you confirm an Order, the Provider's identity is disclosed to you, including its name and, where applicable, its licence details.
(c) How an Order is made. You choose the Container, service, address and dates; a summary of the Order is made available to you; you confirm; the Provider (or we, as its agent) accepts; and you are notified of the acceptance (clause 7).
(d) What you are buying. The essential characteristics of the Provider Services, including the Container type and size, the service and the permitted waste, are described in the listing and the Order.
(e) Price. Before you confirm, the total price is disclosed to you, including the Provider Price, the Nefaya Service Fee and any applicable tax (clause 12). The Nefaya Service Fee and other commercial details may differ by Order and are disclosed at that point rather than fixed in these Terms.
(f) Payment, performance and delivery. The payment method and the delivery and collection arrangements are disclosed before you confirm (clauses 11 and 13).
(g) After the Order. Transaction information, the Provider's tax invoice for the Provider Price and our invoice for the Nefaya Service Fee are made available to you as set out in clause 13.2B. A business Customer can have the Provider's tax invoice issued to the business (clause 13.2C).
(h) Withdrawal. You may cancel free of charge at any time before delivery, with a full refund including the Nefaya Service Fee (clause 14.1). A consumer's right to rescind the contract under Article 13 of the E-Commerce Law ends if the consumer has used the service, benefited from it or obtained a benefit from it. For the Provider Services, delivery of the Container, its placement on site and the start of the Hire Period count as benefiting from the service. Without prejudice to this, the right to rescind does not apply to transport services to the extent the statutory exception applies. Rights arising from defective performance, breach, non-delivery or any other mandatory remedy are not affected.
(i) Late delivery. Unless another period was agreed, if the Provider delays delivery by more than 15 days after the Order date or the agreed delivery date, other than because of force majeure, you may cancel the Order and recover what you paid for it, including the Nefaya Service Fee, and any other costs the law allows. The Provider must tell you of any expected delay.
(j) Complaints. Send complaints to support@nefaya.com. We acknowledge each complaint within 2 business days and aim to resolve it within 10 business days of receipt; if we need longer, we tell you why and when to expect an answer. This does not affect your right to complain to the Ministry of Commerce or to go to the competent court.
28. General
28.1Notices. We may give notices through the Platform, by email, or by in-app message, and you consent to receiving communications electronically.
28.1AWhatsApp messages.
(a) What we send. If you ask for them, we send WhatsApp messages from Nefaya's own WhatsApp Business number about your Orders and your account, for example: an Order is created, an Order changes status, a driver is assigned, or your account is ready. These are service messages, not marketing.
(b) How you ask for them. We send WhatsApp messages only after you have asked for them yourself, by sending START or ابدأ to our WhatsApp number, by typing it or by using a method made available by us. We keep a record of your request as evidence of your opt-in. We do not treat your acceptance of these Terms as a request, and we do not send a first message asking you to start.
(c) Where we send them. We send them only to the number from which you sent START, and only while it is the mobile number on your account. Keep that number accurate (clause 4.2). If you change it, we stop until you send START from the new number.
(d) Stopping and resuming. You can stop at any time by sending STOP or إيقاف. To resume, send START or ابدأ. Stopping WhatsApp messages does not affect your account, your Orders, or in-app and push notifications.
(e) Asking support. You can also ask support to stop WhatsApp messages: support@nefaya.com.
(f) Automated replies. If you write to us on WhatsApp, the reply may be drafted by an automated assistant that runs on a third-party artificial-intelligence service. You can ask for a person at any time, and your request is then referred to our support team. The assistant cannot quote or change prices, grant refunds or credits, or make, change or cancel any contract or Order; only the Platform and our support team can do that, and nothing the assistant says changes these Terms.
(g) Providers and drivers. Providers, and the drivers who work for them, receive messages about their accounts and Orders in the same way, and paragraphs (b) to (f) apply to them.
(h) Your data. How we handle your data for WhatsApp messages is explained in clause 14 of our Privacy Policy.
(i) Platform rules. We use WhatsApp in accordance with the applicable WhatsApp platform rules and the law, as amended from time to time. WhatsApp is a service of Meta, and your use of WhatsApp is also subject to WhatsApp's own terms.
28.2Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or novate our rights and obligations to an affiliate or successor.
28.3Entire agreement. These Terms, together with the Privacy Policy and any terms referenced in them, constitute the entire agreement between you and us regarding the Platform and supersede any prior arrangements.
28.4Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
28.5No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
28.6Relationship. Nothing in these Terms creates any partnership, joint venture, or agency between us and any User, except our booking agency for Providers under clause 3.2A, our limited commercial agency for receiving payments under clause 13.2, and the fee-collection mandate under clause 13.2A.
28.7Language. These Terms may be issued in both English and Arabic. In the event of any conflict or inconsistency, the Arabic version prevails.
29. Governing Law and Dispute Resolution
29.1These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by, and construed in accordance with, the laws of the Kingdom of Saudi Arabia.
29.2The parties will first seek to resolve any dispute amicably, starting with a complaint under clause 27.2(j). (a) Providers and business Customers. A dispute between us and a Provider, or between us and a Customer using the Platform for its trade, business or profession, that is not resolved amicably within 30 days will be finally settled by arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) under its Arbitration Rules. The seat is Riyadh, the language is Arabic, and the tribunal has one arbitrator. (b) Individual Customers. A dispute between us and an individual Customer who uses the Platform other than for a trade, business or profession is decided by the competent courts of the Kingdom of Saudi Arabia. Such a dispute goes to arbitration only if both parties agree in writing after the dispute has arisen.
29.3Nothing in this clause prevents either party from seeking urgent interim or protective relief from a competent court.
30. How to Contact Us
30.1Visible Twin Co., 15b, Ash Shulah Dist.1, Dammam, Saudi Arabia. Email: support@nefaya.com.