Terms of Service

By accessing or using Kashxa's services, including our mobile applications (Kashxa Customer, Kashxa Merchant, Kashxa Driver), website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use our Services. We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Services constitutes acceptance of modified Terms.

These Terms apply to all users of the Services, including customers, merchants, and drivers.

To use our Services, you must:

• Be at least 18 years of age • Have the legal capacity to enter into binding contracts • Not be prohibited from using the Services under applicable law • Have a valid phone number and email address • Provide accurate and complete registration information

For Merchants: • Have a valid business registration or trade license (where required) • Comply with all applicable local laws and regulations for selling goods

For Drivers: • Have a valid driver's license • Meet vehicle and safety requirements • Pass background verification checks

When you create an account with us, you must:

• Provide accurate, current, and complete information • Maintain and promptly update your account information • Keep your password secure and confidential • Not share your account credentials with others • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

For Customers: Kashxa provides a platform to discover and purchase products from local merchants. When you place an order: • You agree to pay the listed price plus applicable fees • You provide accurate delivery information • You are available to receive the delivery or designate someone else • You may be charged for failed delivery attempts due to incorrect information or unavailability

For Merchants: Kashxa provides a platform to list and sell your products. As a merchant: • You are responsible for product accuracy, quality, and availability • You must fulfill orders in a timely manner • You agree to our commission and fee structure • You maintain compliance with all applicable laws

For Drivers: Kashxa provides a platform to accept and complete delivery assignments. As a driver: • You are an independent contractor, not an employee • You maintain your own vehicle and insurance • You complete deliveries safely and professionally • You comply with all traffic laws and regulations

Customer Payments: • All prices are displayed in Iraqi Dinars (IQD) • A service fee of 500 IQD is added to each order • Delivery fees vary by location and are shown at checkout • Payment methods include Cash on Delivery and card payments • Promotions and discounts are subject to terms and conditions

Merchant Fees: • Commission rate: 10% per completed order • Commission is deducted from card payments before settlement • Cash on Delivery orders: commission may be collected separately • Premium services (Featured Shops, Promotion Slots) have additional fees • Fee changes will be communicated with 30 days' notice

Driver Payments: • Payment for deliveries is calculated per-delivery • Tips from customers are passed on in full • Payments are processed weekly • Drivers are responsible for their own taxes

Order Cancellation: • Customers may cancel orders before they are processed • Cancellation after processing may result in charges • Merchants may cancel orders due to stock issues • Repeated cancellations may result in account restrictions

Exchange Policy (No Refunds): • Kashxa operates an exchange-only policy - no cash refunds are issued • Exchanges are accepted within 48 hours (2 days) of delivery • Items must be in original condition with tags/packaging • For shop errors (wrong item, defects, size issues): Shop pays delivery cost • For customer changes (changed mind, ordered wrong): Customer pays delivery cost • Driver collects old item and delivers replacement in one trip • 10% platform commission is NOT charged on exchange orders

Non-Exchangeable Items: • Perishables, custom products, and personal care items • Items worn, washed, or altered from original condition

Dispute Resolution: • Contact our support team first to resolve issues • We mediate disputes between customers, merchants, and drivers • Our decision on disputes is final

You agree NOT to:

• Violate any applicable laws or regulations • Infringe on intellectual property rights • Post false, misleading, or fraudulent content • Harass, threaten, or discriminate against others • Use the Services for illegal activities • Circumvent security measures or access restrictions • Collect personal information without consent • Interfere with the proper functioning of the Services • Create multiple accounts for fraudulent purposes • Manipulate reviews, ratings, or feedback • Sell prohibited items (weapons, drugs, counterfeit goods, etc.) • Engage in price manipulation or unfair business practices

Violation of these rules may result in immediate account suspension or termination.

Kashxa's Property: All content, features, and functionality of the Services (including but not limited to text, graphics, logos, icons, images, audio, video, software, and the compilation thereof) are owned by Kashxa or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content: By posting content on our platform, you grant Kashxa a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute such content in connection with our Services.

You represent that you own or have the right to use any content you post and that such content does not infringe on any third party's rights.

To the maximum extent permitted by law:

• Kashxa provides the Services "as is" without warranties of any kind • We do not guarantee uninterrupted or error-free service • We are not responsible for third-party content or services • We are not liable for the quality, safety, or legality of products sold by merchants • We are not liable for the actions of drivers or delivery delays beyond our control

IN NO EVENT SHALL KASHXA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

Our total liability for any claim shall not exceed the amount paid by you for the specific transaction giving rise to the claim.

You agree to indemnify, defend, and hold harmless Kashxa, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

• Your use of the Services • Your violation of these Terms • Your violation of any third-party rights • Your content posted on the platform • Any dispute with other users

By You: You may terminate your account at any time through the app settings or by contacting support. Account deletion will be processed within 30 days.

By Kashxa: We may suspend or terminate your account at any time for: • Violation of these Terms • Fraudulent or illegal activity • Extended inactivity • At our discretion with reasonable notice

Upon termination: • Your right to use the Services ceases immediately • Outstanding payments will be settled • Some data may be retained for legal purposes

These Terms shall be governed by and construed in accordance with the laws of the Kurdistan Region, Iraq, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Erbil, Kurdistan Region, Iraq.

You agree to submit to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on this page • We will update the "Last Updated" date • For material changes, we will notify you via email or in-app notification

Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the new Terms, you must stop using the Services.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published on the Services, constitute the entire agreement between you and Kashxa.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, or government actions.