For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Member agrees to the terms and conditions of this Member Interface Agreement (this "Agreement") as set forth below; to the Terms of Use Agreement (the "Terms of Use") and to the Privacy Policy that are posted on the BOATCOM Website, each of which may be revised or updated by BOATCOM from time to time and current copies of which can be accessed at: www.boatcom.sa

Member Relationship with BOATCOM.

 This Agreement sets forth the Terms and Conditions of Member's use of BOATCOM products, software, services and web Website(s) (collectively "Services"). BOATCOM means BOATCOM, Inc. d/b/a BOATCOM and BOATCOM.sa (BOATCOM and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use BOATCOM Services. BOATCOM reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to BOATCOM Services and cancellation of Member's BOATCOM account.

Definitions

"Customer", "Renter", or "User" mean a person or organization that purchases Rentals from Member with the assistance of BOATCOM Services. "BOATCOM Website", or "Website" mean the World Wide Web Website owned by BOATCOM and which has the URL www.BOATCOM.sa and any and all other web Websites owned or operated by BOATCOM over which BOATCOM offers online advertisement services. "Member", or "you" mean any registered user of BOATCOM Services that uploads boat rental solicitations and any related information to BOATCOM Web Website for the purposes of holding out and offering boat rentals or boat rental services through the BOATCOM Website. Members include any party involved in offering or providing boat rentals to BOATCOM Users. "Terms" means this Agreement, the Terms of Use and the Privacy Policy.

Order of Precedence with respect to BOATCOM Terms. The provisions of this Agreement are supplemented by the Terms of Use and the Privacy Policy (a current copy of which can be accessed at: www.boatcom.sa), which are incorporated herein by reference. (As noted herein, BOATCOM may revise or update the Terms of Use from time to time.) The Parties' relationship under this Agreement is governed by the provisions of this Agreement and the Terms of Use, except that the terms of this Agreement take precedence over any conflicting or contradictory provisions in the Terms of Use.

Acceptance

Use of Botcom Services constitutes acceptance of this Agreement.  The Member agrees to the terms and conditions of this Agreement by: (1) clicking to accept or agree to the Terms and Conditions, where this option is provided by  a botcom in the user interface of any Service, or (2) by actually using the Services.  In the event of (2), Member understands and agrees that its use of the Services constitutes and indicates acceptance of this Agreement, including all of its terms and conditions, from that time forward.

Website uptime and view member-generated content

Botcom will use  reasonable efforts to ensure that member and user access interfaces to the Botcom Services are uninterrupted, except for any scheduled downtime necessary to maintain the effective operation of the Botcom   Website and when the interruption of the Service is caused by circumstances outside of   Botcom control.  Botcom does not in any way guarantee the uninterrupted availability of services.

Member-generated content

You understand that all messages, texts, postings, files, images, or other materials ("Content") that you post, transmit through, or link to the Communication Sites are at your sole risk.

You agree that Botcom  acts only as a conduit for the distribution and dissemination of your content through Botcom social media sites after obtaining the consent  of the customer and the member.    Bot.com makes no representation or warranty as to the originality, accuracy or completeness of the information contained on the Website.    By submitting  Content to Botcom  you represent and warrant that Botcom  has sufficient authority  and rights to post such Content, and to grant  Botcom the rights to  use such Content in connection with the provision of services for the purpose of enriching tourism. 

The Member is obliged to ensure the accuracy of all contents of the list (accuracy of the description of the boat,  seaworthiness  of the boat  ,  qualifications  of the captain, legal requirements,  identification requirements for charterers,  insurance if any, etc.).  If the Member discovers that the list details are inaccurate  or incorrect, it is the Member's sole responsibility to correct the information in the Member's account interface or to contact a Botcom representative  to resolve any such error.

We may, without notice to you,  suspend or cancel your listing at any time even without notice from you or sending you notice if, in  our sole discretion, we suspect that your account with us or email account is being used in an unauthorized or fraudulent manner.

Posting any content that Botcom considers threatening, defamatory,  infringing, illegal, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, obscene, defamatory, harassing, or objectionable is  prohibited.  You also agree not to post content that infringes  any third party rights,  including any intellectual property rights, publicity rights, and privacy.   Botcom reserves  the right to remove content at its sole discretion.

 

Member Obligations

Check in

Before using the Services, the  Member is required to register on the Botcom  website, and perform all necessary procedures to comply with the Botcom registration requirements and  conditions.

Members agree that they are responsible and agree to abide by all applicable laws, rules and regulations of the General Directorate of Saudi Border Guard and the  Saudi Transport Authority.

Responsibility for applicable laws, rules and regulations,  some of which change, such as tax laws,  from time to time and may affect existing bookings, Members agree that they are responsible for all laws, rules and regulations applicable to the booking and their  use of the Website, their use of any  tool, service or product offered on the Website,  and any transaction they enter into in connection with their use of the Website.

Members also agree that they are responsible and agree to comply with all laws, rules and regulations applicable  to the advertising of boats,  the conduct of their charter business, and the operation of any boat advertised on the Website, including but not limited to taxes,  including as set forth herein, permit or licensing  requirements, inspection and safety compliance.

It is the Member's responsibility to: conduct a full inspection, train and inform Tenants of safety features, and ensure that  there is insurance coverage (if any) for  each rental for acting  as a restricted charter, Members must ensure that they meet all local regulations and are licensed to operate as a restricted charter.

Subscription Fees

Botcom will not require  members to pay any subscription fees  or initial subscription fees related to the use of Botcom services  .

However, Botcom reserves  the right to charge a subscription fee at any time and must notify members of any changes to the subscription fee policies.   The payment terms contained in the Terms of Use are expressly included here. We charge members a service fee  of 0% of the total rent (i.e. booking and any additional charges) for the use of the Services.   (For example, the amount of payment paid to members will be the total rent charged to the    Zakat, Tax and Customs Authority.

 

As provided in the Terms  of  Use, any direct or indirect exchange of funds between Tenants and Members other than payment through Botcom is a violation of this Agreement.

User-user connections.  You agree, with respect to personal information of other members or users obtained directly or indirectly from or through the Website or through any communication, transaction or software related to the Website, we have granted you a license to use such information only to: (a) communications relating to the Website that are not unsolicited commercial messages,  (b) use of the services provided through the Website, and (c) enquire about or Facilitate a financial transaction between you and the other member or user related to the purpose of the site (such as inquiring about or booking a rental online and making payment transactions).  Any other purpose will require explicit permission from the user. You may not use any of this information for any unlawful purpose or with any unlawful intent.

In all cases, you should give users an opportunity to remove themselves from your address book or database and a chance to review the information you have collected about them.  In addition,  under no circumstances may you, except as specified in this provision, disclose  the personal information of another member or user to any third party without our consent and that of the member or user.  You agree that other members or users may use your personal information to communicate with you in accordance with this Terms. Further, you  agree that you will protect the personal information of members or users with the same degree of care with which you protect your confidential information (using at least a reasonable level of care), and assume all responsibility for misuse, loss, or unauthorized transfer of such information.

No spam

We do not tolerate spam or unsolicited commercial electronic communications of any kind.  Therefore, without  limiting the foregoing, you may not add a member or user, to your mailing list (email or physical mail) without the express consent of the member or user.  You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other manner that would violate these Terms. You are responsible for all content you submit to the Site or through any tool or service provided on the Site and for your use of any personal information about users obtained through the Site or in connection with your participation in the Services.

Content and layout

All modifications of content and copies submitted by members are subject to review and approval at Botcom's sole discretion.   We reserve the right to refuse to post any content  that we specify,  in our sole discretion, that does not comply with the Terms or is otherwise unacceptable to us.  However, we have  no duty to review the Content and will have no liability for any loss or damage resulting from the design or placement of the copy, features, content and/or photographs or any change made to any Content, Image or Copy submitted by any Member.  All content must meet these conditions. We reserve the right to edit the content submitted to the website in a non-objective manner only to make the content comply with our content guidelines or formatting requirements.
 

Compensation

You agree to indemnify,  defend, indemnify, and hold Botcom and its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees arising out of (a) your access to, use of, or in any way in connection with or in connection with these Services or Collective Content; (b) Your Member's content; (c) (1) your interaction with any Member, (2) booking or using a boat, (3) creating a listing or (4) using, conditioning, or renting a boat by you, including, without limitation, for any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of renting, impounding,  or using a boat.
 

Report misconduct

If you interact with another user of the Services that you feel is behaving or acting inappropriately,  including but  not limited to, any person who (1) engages in abusive, violent, or sexually inappropriate behavior, (2) suspects that they are stealing from you, or (3) engaging in any other disturbing behavior, you must immediately report such person to the relevant authorities and then to Botcom  by contacting us with your police station and number Reporting.