These terms of service constitute a legally binding agreement (the “Agreement”) between you and spotspal, a platform with its Saudi Arabia commercial registration number 4030321477) (“spotspal”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the spotspal applications, website, call center and technology platform (collectively, the “spotspal Platform”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SPOTSPAL. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SPOTSPAL
Your access and use of the spotspal Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and spotspal. spotspal may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the spotspal Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Activities (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Activities. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Activities. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Activities.
spotspal may amend this Agreement from time to time. Amendments will be effective upon spotspal’s
posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the spotspal Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
The spotspal Platform
The spotspal Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek activities, e-payment activities, and/or logistics activities (“Activities”) can be matched with persons)“Organizers”) who can provide the Activities. Each User shall create a User account that enables access to the spotspal Platform. Any decision by a User to make use of or accept Activities is a decision made in such User’s sole discretion. Each Service provided by an organizer or other third party provider to a User shall constitute a separate agreement between such persons.
Materials posted on the spotspal Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the spotspal Platform, or by anyone who may be informed of any of its contents.
We aim to update the spotspal Platform regularly and may change the content at any time. If the need arises, we may suspend access to the spotspal Platform and the Activities or close them indefinitely. Any of the material on the spotspal Platform or the Activities may be out of date at any given time, and we are under no obligation to update such material.
Subject to your compliance with this Agreement, spotspal grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the spotspal Platform on your personal device solely in connection with your use of the spotspal Platform; and (ii) access and use any content, information and related materials that may be made available through the spotspal Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by spotspal and spotspal’s licensors.
Third Party Activities and Content.
party beneficiary’s terms of service.
spotspal Platform Ownership.
The spotspal Platform and all rights therein are and shall remain spotspal’s property or the property of spotspal’s licensors. Neither this Agreement nor your use of the spotspal Platform convey or grant to you any rights: (i) in or related to the spotspal Platform except for the limited license granted above; or (ii) to use or reference in any manner spotspal’s company names, logos, product and service names, trademarks or activities marks or those of spotspal’s licensors.
In order to use most aspects of the spotspal Platform, you must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to spotspal certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the spotspal Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or spotspal’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the spotspal Platform.
Unless otherwise permitted by spotspal in writing, you may only possess one Account.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.
spotspal, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with spotspal. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). spotspal reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that spotspal determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by spotspal; (iii) may be disabled by spotspal at any time for any reason without liability to spotspal; (iv) may only be used pursuant to the specific terms that spotspal establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) spotspal may establish additional terms relating to specific promotions. spotspal reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that spotspal determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, spotspal may provide you with or allow you to create a “spotspal Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Organizers (“Referred Organizers”). spotspal Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your spotspal Code. You are prohibited from advertising spotspal Codes, including
but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. spotspal reserves the right to deactivate or invalidate any spotspal Code at any time in spotspal’s sole discretion.
As part of your User account, spotspal may provide you with access to a feature in the spotspal application which may allow you to: (i) manage payment for Activities; (ii) add and store pre-paid credit balance (“spotspal Credit”); and/or (iii) transfer spotspal Credit to or receive spotspal Credit from other Users, against payment of any applicable spotspal Fees and subject to any limits on the number of transfers or the amount of spotspal Credit you can send and/or receive, which Fees and limits may be modified by spotspal from time to time.
When transferring spotspal Credit balance to another User, the amount transferred and the applicable spotspal Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of spotspal Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, spotspal is merely enabling the transfer of spotspal Credit balance and is no way responsible for the actions of the individual Users, including the reason for which spotspal Credit is transferred by or to you.
You may be entitled to purchase bundles of spotspal Credit (“spotspal Bundles”) or you may receive activity discounts ("Activity Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain Activities.
spotspal Bundles, spotspal Credits, Activity Discounts and Service Discounts are only valid for use on the spotspal Platform, and are not transferable or redeemable for cash and may only be used for certain Activities. spotspal Bundles, Activity Discounts and Service Discounts cannot be combined.
Additional restrictions on spotspal Bundles, spotspal Credits, Activity Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. spotspal may cancel, or vary the terms, relating to any spotspal Bundles, spotspal Credits, Activity Discounts or Service Discounts at any time in its sole discretion.
From time to time, spotspal may offer you incentives to refer new Users to the spotspal community (the “Referral Program”). These incentives may come in the form of spotspal Credits, Activity Discounts and/or Service Discounts, and spotspal may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
The ability to access mobile top up activities is made available to you through the spotspal Platform and is subject to change and availability. spotspal is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the spotspal Platform.
You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the spotspal Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. spotspal shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.
The top up mobile recharge cost will change depending on the denominations indicated on the spotspal Platform. The total cost, number recharged and the relevant mobile operator will be shown on the spotspal Platform. All top up transactions are final and cannot be modified or removed once you have
entered the relevant top up information on the spotspal Platform.
Charges and Payments
As a User, you agree to pay any amounts charged by spotspal (the “spotspal Fee”) (if applicable in your jurisdiction) and amounts charged by Organizers or other independent third party provider for providing Activities to you (“Charges”).
All Charges and spotspal Fees are due immediately and payment will be facilitated by spotspal using the preferred payment method designated in your Account, after which spotspal or an organizer, as applicable, 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 spotspal may, on its own behalf, and as the organizer’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and spotspal, spotspal reserves the right to establish, remove and/or revise spotspal Fees at any time in spotspal’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and spotspal Fees applicable in certain geographical areas may increase substantially during times of high demand. spotspal will use reasonable efforts to inform you of Charges and spotspal Fees that may apply, provided that you will be responsible for Charges and spotspal Fees incurred under your Account regardless of your awareness of such Charges or spotspal Fees, as applicable, or the amounts thereof.
With respect to your use of the spotspal Platform and your participation in the Activities, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Activities or the spotspal Platform or the servers or networks connected to the spotspal Platform (v) post information or interact on the spotspal Platform or with respect to Activities in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the spotspal Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or
programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the spotspal Platform (x) “frame” or “mirror” any part of the spotspal Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the spotspal Platform or any software used on or for the spotspal Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the spotspal Platform or access to any portion of the spotspal Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the spotspal Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Activities, an organizer shall be permitted to refuse to provide you Activities or, if such Activities have commenced, an organizer shall be permitted to refuse to continue to provide you Activities.
Disclaimers; Limitation of Liability; Indemnity
THE SPOTSPAL PLATFORM AND ACTIVITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPOTSPAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SPOTSPAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SPOTSPAL PLATFORM, ACTIVITIES OR ANY OTHER ACTIVITIES REQUESTED THROUGH THE USE OF THE SPOTSPAL PLATFORM, OR THAT THE SPOTSPAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SPOTSPAL AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ORGANIZERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SPOTSPAL PLATFORM AND ACTIVITIES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
spotspal and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Organizer, Partner or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Organizers or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left in the location of the activity.
By using the spotspal Platform and participating in the Activities, you agree to accept such risks and agree that spotspal is not responsible for the acts or omissions of Users, Organizers, Partners orany other
spotspal and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the spotspal Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither spotspal, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the spotspal Platform. Any of your information, including geolocational data, you upload, provide, or post on the spotspal Platform may be accessible to spotspal, selected partners and relevant Organizers.
LIMITATION OF LIABILITY.
spotspal and its affiliates and its partners shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the spotspal platform or activities, even if spotspal has been advised of the possibility of such damages. spotspal and its affiliates and its partners shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the spotspal platform or the activities or your inability to access or use the spotspal platform or the activities; or (ii) any transaction or relationship between you and any organizer or other third party provider, even if spotspal or its affiliates or its partners have been advised of the possibility of such damages. spotspal and its affiliates and its partners shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.
the spotspal platform may be used by you to request and schedule the activities with organizers but you agree that spotspal, its affiliates and other partners have no responsibility or liability to you related to any service provided to you by organizers other than as expressly set forth in this agreement. the limitations and disclaimer in this section 6 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, spotspal will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). spotspal may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, spotspal reserves the right to offer an alternative prize of equal or greater value if circumstances beyond spotspal’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A
winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to spotspal’s communication within the communicated timeframe, spotspal reserves the right to offer the prize to the next eligible Entrant. spotspal will not be liable if the Prize does not reach the Competition Winner for reasons beyond spotspal’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither spotspal nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside spotspal’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL SPOTSPAL’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
spotspal reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then spotspal shall have the sole discretion to decide finally on any such matter. spotspal’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the spotspal Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
spotspal may give notice by means of a general notice on the spotspal Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to spotspal by written communication to spotspal's email address at
You may not assign or transfer your rights under this Agreement in whole or in part without spotspal’s prior written approval. You give your approval to spotspal for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of spotspal’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, spotspal or any Organizer as a result of the contract between you and spotspal or use of the spotspal Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.