TERMS AND CONDITIONS OF USE
- Contractual Relationship
These Terms and Conditions of Use (“Terms”) shall govern any individual in the Kingdom of Saudi Arabia (“You” or “User”) who accesses or uses applications, websites, content, products, and/or services (“Services”) made available by Security Option Company For Info-Tech (Sair Platform), a limited liability company incorporated in the Kingdom of Saudi Arabia, and having its principle place of business at Riyadh (“Sair”).
Your use of the Sair Services constitutes User agreement to be bound by these Terms, and such agreement establishes a contractual relationship between You and Sair. If You do not agree to these Terms, You may not access or use the Services. These Terms expressly supersede prior agreements, understanding or arrangements with You. Sair may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Sair may amend the Terms related to the Services from time to time. Amendments will be effective upon Sair’s posting of such updated Terms at this website or the amended policies or supplemental terms on the applicable Service. User’s continued access or use of the Services after such posting constitutes User’s consent to be bound by the Terms, as amended.
- The Services
The Services constitute an online platform that enables Users of Sair’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule logistics and/or transportation services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under independent contractor agreement with Sair (“Independent Service Providers”). Unless otherwise agreed by Sair in a separate written agreement with User, the Services are made available solely for User personal, non-commercial use. User acknowledges that Sair does not provide logistics or transportation services or function as a transportation carrier and that all such logistics or transportation services are provided by independent third party contractors who are not employed by Sair or any of its affiliates.
- Disclaimers and Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAIR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SAIR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SAIR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE INDEPENDENT SERVICE PROVIDERS. USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USER’S USE OF THE SERVICES, IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE TO INDEMNIFY AND HOLD SAIR AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH USER’S USE OF SAIR PLATFORM AND SERVICES.
- LIMITATION OF LIABILITY:
SAIR SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAIR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) USER’S USE OF OR RELIANCE ON THE SERVICES OR USER’S INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN USER AND ANY INDEPENDENT SERVICE PROVIDER, EVEN IF SAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAIR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SAIR’S REASONABLE CONTROL.
SAIR’S SERVICES MAY BE USED BY USER TO REQUEST AND SCHEDULE TRANSPORTATION OR LOGISTICS SERVICES WITH INDEPENDENT SERVICE PROVIDERS, BUT USER AGREES THAT SAIR HAS NO RESPONSIBILITY OR LIABILITY TO USER RELATED TO ANY TRANSPORTATION OR LOGISTICS SERVICES PROVIDED TO USER BY INDEPENDENT SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You agree to indemnify and hold Sair harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) User’s use of the Services; (ii) User’s breach or violation of any of these Terms.
- Governing Law and Arbitration.
Unless otherwise stated herein, these Terms shall be exclusively governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia except for its rules of conflicts of laws. Besides, Arabic shall be the language of mediation and/or arbitration unless You are a non-Arabic speaker, in which case, mediation and/or arbitration shall be conducted in English and your native language.
- General Provisions
Sair may give notices by means of a general notice on the Services, electronic mail to User email address in User Account, or by SMS, notices through app platform, a written communication sent by ordinary mail to User address as set forth in User Account. User may give notice to Sair by written communication to Sair’s address at: what the company sees appropriate.
Website and App Platform Policy
We may collect information that helps us identify your location, including GPS, IP address, or a Wi-Fi network.
There are many ways through which our website information works to provide a smooth and trouble-free experience. This includes giving the price before the trip is reserved since your location is used to calculate the price and fees; providing the amount payable before the trip is reserved; facilitating the meeting with partner drivers and the drop-off; providing the status of your ride, register, and bills; facilitating research and development processes; identifying trips; creating trips by the Captain; enabling social features; enhancing the safety and security of the accounts of our users; and providing protection against fraud and monitoring it.
The process of collecting information on locations is obligatory upon partner drivers. The passenger is not required to run the location services to use Sair app. The cancellation of subscription impacts the app efficiency. For example: you will need to manually enter the addresses of meeting with partner drivers. Besides, the location information of each trip is collected by the partner driver even if no location information is collected from your device.
Passenger’s Use of the Services
- Users' Accounts:
In order to use most aspects of the Services, You must register for and maintain an active personal User Services account (“Account”). To obtain an Account, You must be at least 18 years old and must not be under the age of legal majority as per the laws of your jurisdiction (if other than 18 years). Account registration requires You to submit to Sair certain personal information, such as your name, address, mobile phone number, and gender in addition one valid method of payment (credit card or pay in cash). You agree to maintain accurate, complete, and up-to-date information in User Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Sair’s termination of these Terms with User. You are responsible for all activity that occurs under User Account, and You agree to maintain the security and secrecy of User Account username and password at all times. Unless otherwise permitted by Sair in writing, You may only possess one Account.
- User Requirements and Conduct:
The Service is shall not be available for use by persons under the age of 18. User may not authorize third parties to use User Account, and You may not allow persons under the age of 18 to receive transportation and logistics services from Independent Service Providers unless they are accompanied by You. You may not assign or otherwise transfer User Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You must not, upon you’re your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Independent Service Provider or any other party. You undertake that in case your personal Account is used by any other person, that You shall be liable for any arising consequences.
- Text Messaging and Alerts:
By creating an Account, You agree that the Services may send User text (SMS) messages as part of the normal business operation of User’s use of the Services. You may opt-out of receiving text (SMS) messages from Sair at any time by sending an email (which shall include your mobile number receiving those messages and alerts) to [email protected] stating your wish of not receiving any of such messages and alerts. You acknowledge that opting out of receiving text (SMS) messages and alerts may impact your use of the Services.
- Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Sair does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to You for the services you receive from a Third Party Provider ("Charges").After you have received services obtained through your use of the Service, Sair will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Sair.
All Charges are due immediately upon reservation, and payment will be facilitated by Sair using the preferred payment method designated in your Account, after which Sair will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sair may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Sair, Sair reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Sair's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Sair will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Sair may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on your use of the Services or the Charges applied to You.
- Repair or Cleaning Fees:
The Passenger shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Sair in Sair's reasonable discretion, Sair reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Sair to the applicable Third Party Provider and are non-refundable.
Payment Methods and Policy:
- By a valid credit card as designated in your Account (the credit card shall be debited once reservation is complete).
- In cash (which shall be made once the passenger rides on and before the trip starts).
- Bring his ID card or a similar ID document;
- Transporting or using narcotics, alcohol, and the like in the car is forbidden;
- Smoking is strictly forbidden in the car;
- Safety belt must be fastened;
- Avoiding tampering with the inside contents of the car, keeping it clean, ensuring no damage is made thereto, and avoiding throwing any wastes therein;
- The passenger shall be solely responsible for losing his own belongings (such as the mobile phone, wallet, keys, etc.);
- And abiding by public manners and ethics during the trip.
- Luggage size : height 56 cm - width 36 cm - depth 23 cm.
- The passenger shall not carry any firearms, ammunitions, swords and knives, explosives, burning and flammable materials, toxic materials, pressurized gases, or any other prohibited materials.
- The passenger shall take photos of his own luggage which he shall take along in his trip and attach such photos using the corresponding icon in the App before the trip departure time.
- The passenger shall take with him only the luggage whose photos he has previously attached in the App.
- The Captain shall verify the passenger's luggage and compare the same with the photos attached into the App.
- The passenger shall lock his luggage (using a secret combination or a manual lock) before the trip begins; otherwise he shall be responsible for any lost luggage.
- The passenger may not open his luggage during the trip except with the approval and under the supervision of the Captain.
Captain's Requirements of Use of the Services
We highly appreciate the work and dedication of Captains, and we give them our trust that they shall drive our customers from one place to another in several cities. Thus we hope they shall consider the following so that we shall both maintain such level of service and trust.
- Keep his vehicle clean;
- Abide by public manners and ethics during the trip;
- The Captain may refuse to drive any person who violates reservation terms, turns out to be wanted by police, not in a proper healthy condition, or turns out to be under liquor, alcohol, or the like.
- Stick to the trip time.
- Verify the passenger's data before the trip begins.
- Maintain the safety of and be responsible for passengers' luggage (except personal stuff, which shall be the passenger's responsibility. Besides, the Captain must be careful at the drop-off location not to forget any of the passengers' belongings, and if this happens, the Captain shall be required to deliver such belongings to the Sair offices.
- Transporting or using narcotics, alcohol, and the like in the car is forbidden.
- Traffic and walking regulations must be observed.
- In case of any malfunction or problem during the trip, the Captain must report the same to the concerned official authorities.
- The Captain shall not be responsible for any damage afflicting the passenger or his non-inspected luggage except if such damage is ascribed to the Captain or was due to his negligence.
- The Captain shall not be responsible for any damage that takes place directly because of his observance of any laws, decisions, orders, or governmental requirements, or due to the passenger's failure to observe the same.
- The Captain's liability in terms of transporting passengers shall be determined in accordance with the laws applicable in the Kingdom of Saudi Arabia
- The Captain's liability shall by no means exceed the actual loss experienced by the passenger. However, Sair may apply additional penalties to the Captain at its own discretion.
Stopping at Resting Places:
Resting places to be taken by passengers shall be determined by the driver before the trip begins, and the latter shall not be required to follow them. Specifying resting places is usually made by the driver, who decides whether it would be necessary to stop for rest or not.
Cancellation causes some inconvenience to the driver and passenger alike. Hence, a mechanism and conditions were set to both parties to identify the resulting obligations on both.
1. Cancellation By Passenger:
- A passenger may cancel the trip 24 hours before the trip time without any resulting cancellation fees. The reservation amount shall be calculated as a future balance for the passenger at Sair which he may use whenever he wishes in the future.
- Upon cancellation of the trip after the permissible grace, cancellation fees shall apply to the passenger if within 24 hours to 12 hours the cancellation fee is (20%),if it is between 12 hours until the trip departure date,the cancellation fee is (30%)
- In case of several cancellations by the passenger after the elapse of the said permissible grace .
- Upon trip cancellation 5 minutes before the trip begins, the passenger shall be required to pay the minimum limit of the trip as additional cancellation fees together with the drivers' waiting fees.
2. Cancellation By Captain:
A Captain may cancel the trip due to any reasons beyond his reasonable control or for emergency; however, the Captain must take the following into consideration:
- The trip is to be confirmed during 48 hours of the trip start time, and before that time the Captain may cancel the trip without bearing any resulting cancellation fees.
- Should the Captain cancel the trip after his confirmation during the 48 hours before the trip start time with no reserved seats, he shall not be liable for any fees.
- If the Captain cancels the trip after his confirmation during the 48 hours before the trip start time with reserved seats, he shall be liable for fees, or be served a warning, or a fee .if within 48 hours up to 24 hours the cancellation fee is (10%), if within 24 hours to 12 hours the cancellation fee is (20%), if it is between 12 hours until the trip departure date,the cancellation fee is (60%)
- Repeated cancellation by the Captain weakens his evaluation and leads to his removal of the App and cooperation with his is cancelled.
3. Cancellation By Sair
Should Sair decide to cancel any trip for any reason whatsoever (which includes, without limitation, App failure, force majeure, etc.), the trip sum is refunded as a balance for the passenger in the App without Sair bearing any addition amounts.