Terms of Service

2. Description & Scope of Platform Services

Mik Mik operates an advanced digital marketplace platform connecting consumers, local merchant partners, and independent delivery partners. The scope of services offered across Our three dedicated applications includes:

3. User Accounts, Verification & Security Obligations

To utilize core functions of the Applications, You must complete an account registration process. You agree to provide accurate, complete, and updated information during account creation.

• Account Credentials & Confidentiality: You are solely responsible for maintaining the strict confidentiality of Your account credentials, One-Time Passwords (OTPs), and verification codes. You accept full legal responsibility for all activities, orders, and transactions initiated under Your account.
• Merchant Verification: Merchant Partners must submit valid commercial registration documents, food safety certifications, and tax credentials as requested by Mik Mik prior to listing goods on the platform.
• Driver Verification:Driver Partners must submit valid government identification, a valid driver's license, vehicle registration, and proof of insurance, and consent to background security screening.
• Unauthorized Access: You agree to notify Us immediately via email at info@mikmik.app if You suspect or become aware of any security breach or unauthorized use of Your account.

4. Terms Specific to Customers (Mik Mik App)

A. Order Placement & Acceptance

Placing an order through the Mik Mik App constitutes an offer to purchase the specified items from the selected Merchant Partner. Orders are subject to merchant inventory availability and acceptance by the Merchant Partner. Mik Mik reserves the right to cancel any order if items are out of stock or in the event of technical pricing errors.

B. Delivery & Customer Availability

You agree to provide precise delivery address details and contact phone numbers. You must be available to receive the delivery at the designated drop-off address upon the Driver Partner's arrival. If the Driver Partner is unable to contact You or complete delivery after reasonable attempts (and waiting up to 10 minutes at the location), the order may be marked as unclaimed. In such cases, You will remain liable for the full cost of the order and delivery fee.

C. Order Cancellation Policy

You may cancel an order free of charge only before the Merchant Partner has accepted and commenced order preparation. Once a merchant has accepted or started preparing Your order, cancellations may incur a fee equal to the total order value.

5. Terms Specific to Merchant Partners (Mik Mik Partners App)

Merchant Partners using the Mik Mik Partners App agree to the following operational standards:

• Item Quality & Food Safety: Merchants warrant that all food, beverages, and products sold through the platform comply with applicable health, hygiene, and food safety laws in Iraq. Products must be fresh, safely packaged, and sealed for delivery.
• Pricing & Inventory Accuracy: Merchants are responsible for setting and maintaining accurate product descriptions, prices, and stock availability on their storefront listing.
• Order Fulfillment Timelines: Merchants agree to accept and prepare orders promptly within the estimated prep times indicated in the app to prevent unnecessary delivery delays.
• Commission & Payouts: Mik Mik will remit net earnings to Merchant Partners according to the agreed settlement schedule, minus applicable platform service fees and commission rates.

6. Terms Specific to Driver Partners (Mik Mik Drivers App)

Driver Partners using the Mik Mik Drivers App acknowledge and agree to the following contractual terms:

• Independent Contractor Relationship: Driver Partners operate as independent contractors and non-employee service providers. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between Driver Partners and Mik Mik.
• Safe Vehicle Operation & Traffic Compliance:Drivers must operate their delivery vehicles safely, hold a valid driver's license and vehicle insurance, and strictly adhere to all road traffic regulations in Iraq.
• Careful Order Handling: Drivers agree to handle orders with care, maintain thermal food bags when required, and complete deliveries in a professional and timely manner.
• Real-Time Location Tracking: Drivers acknowledge and consent to background and active location tracking during delivery shifts to facilitate route optimization and customer delivery tracking.

7. Pricing, Payment Methods & Refunds

All prices listed in the Applications are quoted in local currency (IQD). The total transaction amount displayed prior to checkout includes item prices, delivery charges, and applicable service fees.

• Payment Options: Payments may be made via Cash on Delivery (COD) or supported digital payment methods. For Cash on Delivery, You agree to pay the exact order total in cash to the Driver Partner upon arrival.
• Refunds & Order Inquiries: If You receive an incorrect, incomplete, or damaged order, You must notify Mik Mik customer support within 24 hours of delivery via the in-app support channel or at info@mikmik.app. Refunds or account credits are evaluated and issued at Our reasonable discretion.

8. Location-Based Services & Permissions

Core functions of Our Applications rely on precise device location data (GPS, network location, Wi-Fi positioning). By enabling location permissions on Your mobile device, You grant Us permission to collect and process Your real-time location data to calculate delivery distances, display nearby merchants, provide driver routing, and show live delivery progress.

You may disable location permissions in Your device settings at any time, but doing so may severely limit or disable essential application features. For full details on how location data is handled, please review Our Privacy Policy.

9. Prohibited Platform Conduct

While using any of the Mik Mik Applications, You expressly agree NOT to:

• Engage in fraudulent, deceptive, or unauthorized order placements or payment transactions.
• Harass, threaten, abuse, or discriminate against any customer, merchant partner, driver partner, or customer support employee.
• Attempt to decompile, reverse-engineer, disassemble, or extract source code from the Applications.
• Use automated tools, bots, scrapers, or spiders to access, index, or harvest data from the platform.
• Transport or request delivery of illegal substances, dangerous weapons, hazardous materials, or illegal contraband.
• Upload malicious code, viruses, or scripts designed to impair system performance or compromise platform security.

10. Intellectual Property Rights

All rights, titles, and interest in and to the Mik Mik platform—including software code, database design, user interface assets, logos, brand names, graphics, and proprietary algorithms—are and shall remain the exclusive intellectual property of Mik Mik.

Nothing in these Terms grants You any ownership rights or rights to use Mik Mik trademarks or brand assets without Our prior written consent.

11. Indemnification

You agree to defend, indemnify, and hold harmless Mik Mik, its parent entities, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, losses, damages, expenses, or legal fees (including attorney fees) arising out of or related to:

• Your violation of these Terms or applicable laws in Iraq.
• Your misuse of the Applications or Services.
• Any content or product listed, sold, or delivered by You (applicable to Merchant & Driver Partners).
• Your violation of any rights of a third party.

12. Limitation of Liability & Warranty Disclaimer

THE APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIK MIK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APPLICATIONS.

13. Account Suspension & Termination

We reserve the right, at Our sole discretion, to suspend, disable, or permanently terminate Your account and access to any of the Applications at any time, with or without prior notice, if We determine that You have breached these Terms, engaged in fraudulent activity, or posed a security risk to the platform.

You may terminate Your account relationship at any time by submitting an account deletion request through the in-app settings or by emailing info@mikmik.app.

14. Governing Law & Dispute Resolution

These Terms, and any non-contractual obligations or legal disputes arising out of or in connection with them, shall be governed by and construed strictly in accordance with the laws of Iraq.

In the event of any dispute, controversy, or claim, the parties agree to first attempt to resolve the matter through good-faith informal negotiations by contacting Our support team. If informal resolution is not achieved within thirty (30) days, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Iraq.

15. Amendments to Terms

We reserve the right to update or modify these Terms at any time. When We make material changes, We will update the "Last updated" date at the top of this document and notify users via in-app notification or email where appropriate. Your continued use of the Applications after any changes take effect constitutes Your binding acceptance of the revised Terms.

16. Contact Information

If You have any questions, inquiries, or legal concerns regarding these Terms of Service, please contact Our legal support desk:

By email: info@mikmik.app