Saudi Sailing Federation

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Terms and Conditions

Terms and Conditions

The Client's subscription to and use of the Saudi Sailing Federation website is subject to these terms and conditions, they constitute the contract of any formal agreement between the "Saudi Sailing Federation" website and its Client, and therefore any use by the Client of the services provided by the Saudi Sailing Federation website (the website allows players to register for tournaments and events and to view the results, it also provides a place for coaches and training centers to register so that licenses can be issued to all documented players) The user agrees to this contract and its terms and conditions and mustn’t use the website if you refuse to agree to the terms and conditions of this contract. The "Saudi Sailing Federation" has the right to change the terms and conditions without prior notice. Therefore, it is your responsibility as a user of the Website to review the terms and conditions periodically for updates through reviewing our Privacy Policy (www.sailsaudi.sa/terms-and-conditions) and our Terms and Conditions (www.sailsaudi.sa/privacy-policy) to learn more about how you can use the "Saudi Sailing Federation" website.

Article 1 – Definitions

These general Terms and Conditions hereinafter referred to as the "Terms and Conditions" or "Terms", in these terms the following words shall have the meanings assigned to them as set forth herein below:

"E-Stores Terms and Conditions Policy": "Website Terms and Conditions Policy" means the agreement that is made to regulate the relationship between the "Saudi Sailing Federation" and the "Client", which clarifies the rights and obligations of each of them and how to use and benefit from the website.
"Agreement and Conformity" or "Conformity" With the following:
1) The specifications provided by the "Client" or those approved by the Client, either or both, or any expected results set out in this Contract, either or both.
2) Other provisions of the Contract.
3) Any applicable legislative provisions.
"Contract": Set of contractual documents relating to the use of the website, governing the relationship between "Saudi Sailing Federation" and the "Client", including in particular and in descending order of importance:
1) Order form.
2) The Application and any special terms and conditions and their attachments.
3) Terms and conditions.
4) Any other documents as applicable, which the "Client" expressly agrees to include in the Contract.
"Saudi Sailing Federation": Any entity or individual belonging to the "Saudi Sailing Federation" group referred to in the Contract, it is understood that the "Saudi Sailing Federation" Group and all legal entities in which it currently or at any time in the future holds a proportion of its capital share or voting rights, and the Client hereby acknowledges and expressly accepts the absence of any joint and several liabilities between the Client on the one hand and any other legal entity. Consequently, each special-order entity shall be independently liable for the performance of its obligations to the Client arising in connection with this Agreement.
"Client" or "User": The natural or legal person who is responsible for the performance and fulfilment of the contract.
"Application Form" or "Application": Paper or electronic form (as part of an electronic transaction) whereby the Client requests to register for any of the "Saudi Sailing Federation's" services listed on their website, which shall contain no less than the following as minimum requirements:
- Client's personal data.
- Email address.
- Payment information, etc.
- ............................
Therefore, any use by the client of the services provided by the "Saudi Sailing Federation" website is an agreement to this contract and its terms and conditions, which means that the Client must not use the Website if he does not agree to the terms and conditions of this contract.
The "Saudi Sailing Federation" has the right to amend the terms and conditions without prior notice to its Clients, it is the Client responsibility as a user of the website to review the terms and conditions periodically to know the updates, through the link (.....................) and it is also preferable to review the privacy policy to learn more about how to use the "Saudi Sailing Federation" Website.

Article 2 – Contractual Documents
The Contract constitutes the entire agreement between the parties and supersedes, replaces, and nullify any terms and conditions contained in any other document issued by the parties and shall be enforceable except as otherwise provided by law.
"Saudi Sailing Federation" shall not be liable for any services provided by the Client based on a Verbal request, and any amendments or exceptions to these terms and conditions shall not apply until they have been approved and accepted by the parties hereto.

Article 3 - Acceptance of the Contract and Electronic transaction

3,1 General

 Any contracts in written form arising from any order form contracts shall be subordinate to them, "Saudi Sailing Federation" is obliged to confirm receipt in written form of the "Order Form" within (15) calendar days from the date of dispatch, if "Saudi Sailing Federation" does not confirm receipt of the Order Form within the specified period, the Client shall have a further (15) calendar days in which to notify "Saudi Sailing Federation" of its decision to cancel the "Order Form" or the "Contract", either or both exempting damages or any other type of compensation.

Response to any requests for tenders without reservation shall be deemed to be acceptance of the Terms and Conditions and the commencement of the contract shall be deemed to be acceptance of the contract in its entirety. Acceptance of the Terms and Conditions does not confer any exclusivity in favor of the "Saudi Sailing Federation".

3,2 Electronic Transaction

3,2,1 General

If both "Saudi Sailing Federation" and the "Client" agree to the Special Terms and Conditions in the Contract, their electronic transactions for registration and utilization of the services provided on the Website shall be carried out entirely by electronic means (hereinafter referred to as the ‘Online Marketplace’).

Any additional terms and conditions relating to how electronic methods are used in the transactions are specified in the Special Terms and Conditions, all other terms and conditions of the Special Terms and Conditions shall apply to Electronic Transactions.

3,2,2 Proof of electronic transaction

 If a transaction is completed through an electronic method, both parties are presumed to have acted in full knowledge of all technical details relating to the subject matter or (by joining an "electronic marketplace", the parties are automatically deemed to have accepted its technical specifications) which are intended to ensure certainty of identification, honesty and integrity in the transactions between them. In particular, the electronic order form and the subsequent electronic notification of order confirmation from the Client constitute an electronic signature which as between the parties has the same effect as if it were a handwritten signature and constitutes evidential proof of the order form and its acceptance by the Client. Consequently, except as otherwise provided by electronic records stored in a computer system under strict security rules and conditions shall be accepted as the exclusive evidence of the entire electronic transaction between the parties and as the case may be, of all payments made.

The parties expressly waive all rights to question or dispute the validity of any contractual transactions made through the exchange of electronic transactions and stored in the form specified herein above 

Article 4 – Undertakings and Guarantees

4,1 Clients Obligations

The client is obligated to the following:

  1. Provide true and accurate information to the "Saudi Sailing Federation" website.
  2. To review and comply with any notices sent through the "Saudi Sailing Federation" website regarding the use of any of the services provided by the ‘Saudi Sailing Federation’ application.
  3. Not to issue, publish, distribute, perform, display, or re-categorize the services of the "Saudi Sailing Federation" website, and in the case of the above-mentioned act, to transfer or commercially exploit the service, except as permitted under this contract.
  4. Does not compete with "Saudi Sailing Federation", nor does it offer any product that competes with "Saudi Sailing Federation's" services.
  5. The Client acknowledges that they have full contracting authority and will not breach any of the contract clauses, and that they have no judicial precedent, arrest warrant or claims with security authorities.
  6. By maintaining their personal account password or any means of identification provided by the website that allows access to the account in a secure and confidential manner.
  7. Not to copy or distribute the website or other content without obtaining permission from the "Saudi Sailing Federation".
  8. Not to disrupt the proper operation of the "Saudi Sailing Federation" website.
  9. Not to attempt to damage the service provided or the website in any way.
  10. To provide evidence of their personal identity at the sole discretion of "Saudi Sailing Federation".
  11. By using and registering on the website, the Client fully agrees to abide by these Terms and Conditions of Use, which may be amended from time to time without prior notice, and the amendments shall be effective immediately upon being posted on the Website.
  12. To use the website only for legal and legitimate purposes in accordance with the laws applicable in the Kingdom of Saudi Arabia. The use of the website shall be limited to registration to benefit from the services provided, such as and not limited to: (training, competitions, courses and events).

 

4,2 Saudi Sailing Federation Obligations:

Saudi Sailing Federation obligated to the following:

  1. To be subject to all laws and regulations in force in the Kingdom of Saudi Arabia.
  2. Not to use the information, or any data you access or obtain through the website services for any other purpose except for professional use and the website and service will be used for professional purposes only and will not sell it to any third party. 
  3. To use the service or application for legitimate purposes only and will not use the services provided through the website to send or store any illegal material or with the aim of defrauding others.
  4. Has the right to refuse to provide the service or the use of the application.
  5. Are committed to adopting standards to maintain the integrity of the services provided that are transmitted through the website, so that the service is delivered in an intact condition.
  6. Reserves the right at its sole discretion, to modify or replace any of the foregoing User Terms and may change, suspend or discontinue the Service or the Website (such as the provision of any feature, database or content) at any time, by posting a notice on the website or by sending a notice to the Client through the website or through the Client's email.
  7. May restrict certain features and services or limit its Client's access to parts or all of the Service without notice or liability.
  8. The Saudi Sailing Federation has the right to stop publishing its services and, at its discretion, to replace the services with other similar materials.
  9. We are committed to protecting your personal information in accordance with the data protection regulations in force in the Kingdom of Saudi Arabia. Data is stored according to the highest security standards.

Article 5 - Authentication, accreditation and licenses

The "Saudi Sailing Federation" and all its affiliates undertake that they are in possession of all documents, approvals and licenses required for the performance of the contract including but not limited to (all licenses permissions and documents with public agencies and all approvals and certificates as required by professional organizations), If any or all of these licenses, permissions, authorizations, documents, approvals or certificates are withdrawn from their possession, or any of his employees possession, or if they are not renewed, they shall rectify the defect within a maximum period of (60) sixty days from the date of the occurrence of the defect.

Article 6 - Registration Approval

Acceptance of registration is expected to occur once the Client details and all necessary requirements have been verified, and the Client has accepted all terms and conditions related to the registration process on the website including but not limited to (Privacy Policy, General Terms and Conditions, Special General Terms and Conditions for Training Centers, and Additional Terms and Conditions for Coaches) at any such time of verification, "Saudi Sailing Federation" is also obliged to provide all information and documents required to ensure the safe and proper delivery of the service to the client.

Article 7 - Prices

The importance of these clauses is to define the rights and duties, the general controls of use, limiting electronic violations such as publishing content that is illegal or harmful to the client, and avoid using the services provided on the website in violation of laws, or causing harm to itself unless otherwise agreed upon. The prices mentioned in the Website are fixed total prices including VAT.

Article 8 - Invoicing and Payment Terms

8,1 Invoicing and Payment Terms

Unless otherwise specified in the contract, invoices shall be issued by "Saudi Sailing Federation" in identical copies confirming to all applicable legal provisions and the provisions of the contract and in the name of the client, invoices shall be sent to the email address specified in the order form, quoting the "Service Reference Number" and the "order form". All invoices shall be issued in the currency of the Kingdom of Saudi Arabia (Saudi Riyal), the client may apply the means of electronic payment system for invoices, unless otherwise stated in the contract the client shall be obliged to pay the invoice as soon as the invoice is issued, payment of invoices does not affect the client's right to object in writing to any unjustified charges.

8,2 General Provisions of Invoices

  • The website allows clients to register for events, training courses or competitions, the user must pay the prescribed fees on time to ensure that the registration is confirmed.
  • "Saudi Sailing Federation" reserves the right to impose new fees for the use of the website and/or services.
  • If "Saudi Sailing Federation" decides to impose any new fees, the client will be informed of this and the client may either continue with the service or terminate the subscription.
  • "Saudi Sailing Federation" may amend or update prices from time to time, and it is the client responsibility to stay informed of the current rates for the services provided.
  • The "Saudi Sailing Federation" reserves the right to block the client for non-payment of the value fees due for the service provided. It is important to note that "Saudi Sailing Federation" will not unblock the client until the outstanding service fees have been paid.
  • The client acknowledges and agrees to be honest at all times regarding the truth of operations and agrees that if they is detected of any deception, fraud, manipulation or deceit, or in a way that harms the "Saudi Sailing Federation" website directly or indirectly, they will be subject to the suspension of their services and blocking them from "Saudi Sailing Federation" website. In addition to the right of "Saudi Sailing Federation" to collect an abuse fine of (5000) five thousand Saudi Riyals, in addition to the right to claim compensation for all damages that have resulted or will result of such a fraud, manipulation or misuse.
  • All fees paid through the website are non-refundable, except in the cases specified in the website's refund policy.

Article 9 - Quality

9,1 Quality Control

 The "Saudi Sailing Federation" recognizes that a quality management system is in place for the website in question, and it shall implement all necessary procedures, including but not limited to the necessary quality standards.

9,2 Traceability

The "Saudi Sailing Federation" undertakes to provide all necessary information to the client, to enable the client to identify the location, date of the service provided, and all information and data related thereto the quality standards applied in connection therewith and all other relevant information, as well as when applicable.

Article 10 - Liability and Compensation

10,1 Liability

Each of the parties shall be liable for any damage caused by any or all its employees or representatives. The party causing the damage shall indemnify the injured party and the insurers for such damages or costs and release and discharge them from any liability they may incur therefrom.

10,2 Compensation

By agreeing to the "User Terms and Conditions" and using "the Saudi Sailing Federation" Website or any of the services provided, the client agrees to defend, indemnify and hold harmless "Saudi Sailing Federation", its affiliates and licensors and all their officers, directors, other client, employees, attorneys, and agents from any claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) that may arise out of or in connection with the following:  

  1. The client breach or violate of any term of these "Terms of Use" or any applicable law or regulation, whether or not referred to in these "Terms and Conditions of Use".
  2. The client violates any rights of third parties, including service providers with whom the Website deals.

Your use or misuse of the website or the service.

Article 11 - Force Majeure

Neither party shall be deemed to be in breach of its contractual obligations to the extent that its non-performance is caused by a force majeure event recognized by the law and courts of the Kingdom of Saudi Arabia, force majeure shall only relieve the affected party from its contractual obligations to the extent that the said party is prevented from performing those obligations, each party shall bear its own expenses resulting from the occurrence of force majeure, the party affected by an event of force majeure.

Shall immediately notify the other party (‘the non-defaulting party’) of the event by the prescribed means of communication and provide all necessary documentary evidence of the force majeure event, the (Non-Defaulting Party) shall provide all necessary documentary evidence of the Force Majeure Event, the (Non-Defaulting Party) shall have the right to verify the existence of the Force Majeure Event, the party invoking the force majeure event shall use its best endeavors to mitigate as much as possible any negative impact caused by the situation. In all cases, strikes that are limited to the "Saudi Sailing Federation" and its employees do not relieve it of its responsibility for the late delivery of the service and are therefore not considered a force majeure event, If the situation giving rise to the force majeure event continues for more than (60) consecutive calendar days, the non-defaulting party shall be entitled to terminate all or any part of the Retirement immediately as of right without compensation or any other security.

"Saudi Sailing Federation" shall refund to the client all amounts paid in advance in accordance with the contractual relationship to the extent that such amounts do not match the amounts delivered at the time of the Force Majeure Event.

 

Article 12 – Termination

12,1 Duration and scope

The contract between the "Client" and the "Saudi Sailing Federation" shall be of indefinite duration, although the client may terminate the contract at any time by notifying "Saudi Sailing Federation" of its intention to do so and may close the User Account at any time, "Saudi Sailing Federation" may terminate the Contract with immediate effect at any time (by disrupting your use of the Website and the Service) if you do any of the following:

         1) Violate or breach any of the User Terms.

2) If "Saudi Sailing Federation" believes that you are misusing the Website or service,
3) Saudi Sailing Federation is under no obligation to provide prior notice of termination of the contract.

 

12,2 Termination for non-performance

12,2,1 Either party shall be entitled to terminate all or any part of the Contract in the event of breach of obligation by the other party that is not cured within (10) calendar days after receipt of written notice thereof In particular, the Client shall be entitled to terminate all or any part of the Contract in the event of default, failure or breach of quality, characteristics, workmanship or performance.

12,2,2 The client has the right to terminate all or any part of the contract without prior notice:

  • In the event of repeated violations by the "Saudi Sailing Federation" or repeated default.
  • If "Saudi Sailing Federation" fails to comply with the provisions and laws applicable in the Kingdom of Saudi Arabia.
  • If "Saudi Sailing Federation" fails to fulfil the conditions and adhere to the delivery deadlines.
  • In any other circumstance stipulated in the contract.
  • In such cases, termination shall be effective immediately upon receipt by "Saudi Sailing Federation" of notice of termination, in the event of termination of all or any part of the Contract by the Client, all payments already made in respect of any undelivered part of the Service shall be immediately refunded to the Client. The right of either party to terminate all or any part of the Contract shall be without prejudice to its rights to claim damages from the other party.

12,2 Termination at the initiative of the Client

The Client shall have the right to terminate all or any part of the Contract (...) calendar days after giving prior notice by recorded message through the means of communication approved in the contractual relationship, whereupon "Saudi Sailing Federation" shall immediately upon receipt of the notice suspend the performance of any part of the service provided. Termination of the contract in the above manner shall have the effect of terminating any pending application form or order form as specified in the pending termination notice, following such termination (the termination fee, if any, shall be payable), unless the contractual relationship stipulates otherwise, such termination fee shall not exceed what is reasonably practicable and such termination fee shall be one fixed amount payment in full and final settlement of any claims whether in respect of costs incurred, losses, damages, or any other costs incurred by "Saudi Sailing Federation" as a result of such termination, "Saudi Sailing Federation" shall also waive the right of complaint from the Client.

 

 

Article 13 - Intellectual Property Right

13,1 Intellectual Property infringement

"Saudi Sailing Federation" acknowledges that all of its intellectual property rights are either owned by it or are subject to a license granted to it by a third party who owns such rights on terms that allow the Client to freely use and/or transfer the imports, all intellectual property rights in the "Saudi Sailing Federation" website and any material relating to or appearing on it, including all content provided or included by "Saudi Sailing Federation" on its website and all content uploaded by "Saudi Sailing Federation", are the property of "Saudi Sailing Federation" and is entitled to dispose of such property at its sole discretion, clients must not reproduce the Services or any Trademarks or other Trade names appearing in the Services.

 

13,2 Standard materials

If the Deliverables include standard materials (including but not limited to blueprints, manuals, handbooks, documentation or standard software provided as part of or in addition to the Deliverables) subject to intellectual property rights and supplied by the "Saudi Sailing Federation" to the Client for use of the Deliverables, the "Saudi Sailing Federation" shall grant the Client, any legal entities of the "Saudi Sailing Federation" Group, and any third party on behalf of the Client or any legal body of the "Saudi Sailing Federation" or any of them or acting on their behalf, a personal, non-exclusive right to use, reproduce, photograph, translate and modify those standard materials to suit its needs, and this right is granted without any additional cost and includes the entire period of protection of intellectual property rights in all countries and for all media.

 

Article 14 - Confidentiality and Security

14,1 Confidentiality

"Saudi Sailing Federation" is obliged to deal in strict confidentiality with any documents or information provided to it by the Client in connection with the implementation of the service provided and all materials issued including reports, studies, any documents or information acquired by it and others, including but not limited to any documents or information relating to the Client's company, business activities or financial results.

"Saudi Sailing Federation" shall not use the above documents, information and materials or any of them except for the purposes of performing any of the Services provided and shall not disclose any of them to third parties or to any of its Client who are not involved in the performance of the Service. This clause shall not apply to the extent that disclosure is required by judicial, accounting or legislative obligation.  

"Saudi Sailing Federation" undertakes to comply with these obligations of confidentiality and non-use and to require its Client to follow them for the duration of the Contract and for an additional five (5) years after its termination, "Saudi Sailing Federation" shall not be liable for the disclosure of information as long as the information is already publicly available or has been obtained from other sources in a legitimate manner.

 

14,2 Security

You are solely responsible for the privacy of the Services and shall be solely responsible if someone else uses your personal account, username, and/or password or access credentials. You agree to notify "Saudi Sailing Federation" if you become aware that there has been a loss, theft, or unauthorized use of any password, username, IP address, or other means of access to the Services.

 

Article 15 - Contractual and legal liability limits

15,1 Contractual Liability Limitation

"Saudi Sailing Federation" makes no warranties, express or implied, regarding its services, all of which are provided on an as-is basis, "Saudi Sailing Federation" expressly disclaims all warranties to the fullest extent possible under applicable law, and "Saudi Sailing Federation" does not guarantee the content, the timeliness of the services, or the results that may or may not be obtained by the user of the services, neither "Saudi Sailing Federation" website nor any of the agents, licensors or affiliates of "Saudi Sailing Federation" website shall be liable for direct or indirect damages or any penalties, special damages, incidental or consequential damages (including, for example, damages resulting from loss of profits, business interruption, loss of business information or other financial losses) that result from accessing and using (or failing to use) or relying on the Services, directly or indirectly, "Saudi Sailing Federation" as a website does not recognize any offers, advertisements or competitions that have not been announced on our official website or through affiliated social media platforms managed by "Saudi Sailing Federation" website and the Client is not entitled to demand "Saudi Sailing Federation" to implement them. "Saudi Sailing Federation" is not responsible for any fraud committed through offers, advertisements or competitions that were held in an unofficial manner on behalf of "Saudi Sailing Federation".

 

15,2 Limits of Liability

The information, recommendations and/or services provided to you on or through the Website, Service and Platform are for general information purposes only and do not constitute any advice, "Saudi Sailing Federation" will keep the Website and the Platform and its contents as correct and up-to-date as possible, but does not guarantee that the Website or the Platform are free of errors, defects, malware or viruses and Saudi Sailing Federation does not warrant that the Website and the Platform are correct, accurate or up-to-date. "Saudi Sailing Federation" shall not be liable for damages that result from the use of (or inability to use) the Website and Platform, including damages caused by malware or viruses, nor shall "Saudi Sailing Federation" be liable for the incorrectness or incompleteness of the information, Website or Platform, unless such damage is caused by the willful misconduct or gross negligence of "Saudi Sailing Federation". The quality of the services requested using the Website or the Service is entirely the responsibility of the service provider (the ‘Delegate’) who ultimately provides the service to you, "Saudi Sailing Federation" does not under any circumstances accept any liability relating to or arising from the services provided by the Delegate, nor does it accept liability for any acts, conduct, behavior, negligence, or all of the above, on the part of the Delegate and therefore, any complaints regarding the services should be made to the Delegate.

 

Article 16 - Principles of the code of conducts

The Client is obliged to familiarize themselves with and comply with the "Saudi Sailing Federation's" Code of Conduct or similar principles, a copy of which is available on their official website.

 

Article 17 – Notice

"Saudi Sailing Federation" reserves the right to give notice by sending a general notice about the Service or the website via mobile number, or by emailing the email address registered in the account information of the "Saudi Sailing Federation" website.

 

Article 18 - Applicable law and jurisdiction

Unless otherwise stated in the Terms and Conditions, the contract, its conclusion, validity, termination and/or any of the foregoing shall be governed by the provisions of Saudi law and the regulations in force in the Kingdom of Saudi Arabia:

  • Any dispute arising out of or in connection with the Contract shall be subject to the provisions of Saudi law and regulations in force in the Kingdom of Saudi Arabia, and the courts of the City of Jeddah shall have exclusive jurisdiction.
  • The settlement of any dispute, claim or controversy arising out of or relating to these User Terms or any breach, termination, enforcement, interpretation, validity, or use of the Site, Service or Platform shall be governed by and construed in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia.

Article 19 – General Terms

19,1 Independence of the parties

This Contract is between two independent parties, and nothing in this contract shall be construed as giving either party the right or duty to act on behalf of the other party.

 

19,2 Partial invalidities

   Should any provision of the Contract be or become invalid or unenforceable under any law, regulations or court decision, such provision shall be considered as not written, all other provisions of the contract shall remain valid.

19,3 Waiver

   The waiver by either party of a breach of a provision of the contract shall not be construed as a waiver of any other breach of that same provision or a waiver of a breach of any other provision, nor shall any failure or omission by either party to exercise its rights under this contract be construed as a waiver by that party of any breach.

19,4 Surviving provisions

   The provisions of the Clauses (.......) and any other general provisions of this Contract intended to apply after the termination of the Contract shall survive the termination or expiry of the Contract (by any form of termination) and shall remain in full force and effect after the termination of the Contract..

 

Contact us

If you have any questions about these Terms of Service Providers, the practices of this Website, or your dealings with the Website, you can contact us at:

  • Website Location: www.sailsaudi.sa/contact-us
  • Email: info@sailsaudi.sa
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