INTRODUCTION

CYAN is an online platform ("platforms") owned and operated by Mimas International a company incorporated in the State of Kuwait that aims to be a hub for all activities and information related to Sea, this includes Renting yachts and boats or equipment, buying merchandise or equipment.  

These are our general terms of service that govern the relationship between our platforms ("CYAN" "Company", "we", "us") and any person who accesses our Website or/and Mobile application ("the User","You") whether a registered and non-registered users.
("Website") means a set of related web pages located under www.get-cyan.com domain name, created by the Company as a digital platform. 
("Mobile Application") means a specialized software program to be downloaded by the User, created by the Company. 
By accessing the Platform, Website or/and Mobile Application, You agree that you have read, and understood, the Terms of Service set out hereto, and that you are legally bound by them. If You do not agree with the  Terms of Service, then You are expressly prohibited from using the Website or/and Mobile Application and must discontinue use immediately. 

DEFINITIONS

"Boat" - a vessel for travelling over water, for the purposes of this Agreement, Boat shall be referred to any vessel including Yachts
" Offer" - means priced services provided to Users by Vendors
"Vendor" - Companies or individuals with offers of Experience on the Platform

USE OF WEBSITE OR/AND MOBILE APPLICATION 
The Services on Website or/and Mobile Application are available to persons over the age of 18. The Services are also not available to any users previously removed by us or to any persons barred from receiving them under the applicable laws in the State of Kuwait.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, THE USER REPRESENT THAT HE IS AT LEAST 18 YEARS OF AGE AND THAT HE HAS NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE CYAN SERVICES.
PRIVACY NOTICE
Please see our Privacy Policy page for information relating to how we collect, use, and disclose User's personal information.
USER REPRESENTATION
By using the Website or/and Mobile Application, User represents and warrants that all submitted information will be true and accurate and will maintain the accuracy of such information by updating any such information as is necessary; User agrees to comply with these Terms of Service.

USER REGISTRATION

ACCOUNT

1. Registering an account on the Website or/and Mobile Application is required for all Users, before using any of the following services: 
(a) Email 
(b) Address 
(c) Phone number
(d) Id number

2. User is responsible for the confidentiality of his password and agrees not to disclose the password to any Third Party. User is solely liable for any activities or actions taken under his login and password by him or by any Third Party, whether intentionally or negligently. Therefore, under no circumstances will the  Company be liable for any loss or damage arising from any fraudulent use of User's account.

BOOKINGS

When making bookings through CYAN you are only using our interface as a connecting Party. Therefore, CYAN is not liable for the following:
1. The accuracy of the bookings as the Vendors are solely responsible for making available to You an accurate description of the product and payment terms, and any fees. 
2. For any incidents that may happen during the duration of your Experience in a direct or indirect result of the Experience.

Although we can not resolve or guarantee that you will resolve any issues with the Vendor, you can contact us on info@get-cyan.com for any suggestions.

BOOKING MODIFICATIONS

Any booking modifications need to be done through the Vendors/, should they agree to make those changes via our Platforms they might request additional payment amounts, fees, or taxes associated with the Booking that You shall be solely responsible for.

USER'S RESPONSIBILITIES 

The User is solely responsible for ensuring the following:
1. That they are of legal age and requirements for conducting any transaction on the Platform
2. That they do not engage in any illegal activity or prohibited act
3. That they have confirmed the times and the description of the item or Experience before booking. 
4. For any damages incurred by User on the Boats throughout the Experience. 

PAYMENT METHODS

We use various Payment Methods offered through the Website that may incur added fees or charges. All Payment Methods will be posted on the Website along with any associated fees or charges which may be subject to change without notice.
Upon receiving your payment through the Website, your card will be debited once authorization is received through the payment gateway Upayments. All transactions are secured. 

THIRD PARTIES 

Any reference to any third party on the Website or/and Mobile Application is provided to the User for informational purposes only. The company encourages Users to conduct their own research and due diligence regarding such third parties and their products and services. While we work to ensure the information on the Website or/and Mobile Application is current and accurate, we do not warrant the accuracy of any information contained on the Website or/and Mobile Application or its fitness for any particular purpose.

LINKS FROM THE WEBSITE

The Website and Mobile Application may contain links to other sites and resources provided by third parties for User's convenience only. CYAN has no control over the contents and the operations of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from User's use of them. If User decide to access any of the third-party websites linked to this Website or/and Mobile Application, User does so entirely at his own risk and subject to the terms and conditions of use for such websites.

INTELLECTUAL PROPERTY

The Website and all content therein are exclusively owned, controlled, or licensed by the Company and its subsidiaries or affiliates. The Company's name, logo, sign, trade name, or any other trademark used in the connection with the Website or/and Mobile Application and or the services of the Company, may not be used without prior permission from the Company. 

CONFIDENTIALITY

Users should recognize that there might be a need to disclose certain confidential information to the other party, and to protect such confidential information from unauthorized use and disclosure. Therefore, Users shall agree to treat any information received as highly sensitive, top secret, and classified material. Without derogating from the generality of the above, Users  agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not to copy or reproduce any of the information without the permission.

APPLE AND ANDROID 

The Mobile Application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Application grants Users  a limited, non-transferable, non-exclusive, revocable license to access and use the services of the Mobile Application 
Users  must comply with the applicable terms of agreement by the aforementioned third party when using the mobile application, e.g., if Users have a VoIP application, then they must not be in violation of their wireless data service agreement when using the mobile application; and Users acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have and exercise the right to enforce the terms and conditions in this mobile application license contained in these Terms of Service against Users as a third-party beneficiary thereof.

PROHIBITIONS

Users  will not use the Website or/and Mobile Application to communicate, post, or share information that is abusive, defamatory, fraudulent, contains adult content and/or child pornography, advocates hatred against any person or a person of a protected class based on race, creed, color or sexual orientation such as bullying, racism, bigotry or any other offensive subject matter, or contains a reference or link to a third party site that may contain such material.
Users  will not misuse the Website or/and Mobile Application. Users  will not commit or encourage a criminal offense and/or illegal activity; will not access the Website or/and Mobile Application through automated or non-human means; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious and/or technologically harmful, in breach of confidence or in any way obscene; hack into any aspect of the Website or/and Mobile Application; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or/and Mobile Application. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose User's identity to them. 

DISCLAIMER OF LIABILITY 

The Company nor its affiliates or subsidiaries are not responsible for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: viruses or other malicious software obtained by accessing, or linking to, our Website or/and Mobile Application or/and Services; glitches, bugs, errors, or inaccuracies of any kind in our Website or/and Mobile Application or/and Services; damage to User's hardware device from the use of the Website or/and Mobile Application or/and Services; User's reliance on the quality, accuracy, recommendations, composite information, or metrics found on, used on, or made available through the Website or/and Mobile Application. The Company nor its affiliates or subsidiaries,  are not responsible for any legal theory, arising out of or in connection with User's use, or inability to use, the Website or/and Mobile Application, any websites linked to it, any content on the Website or/and Mobile Application or such other websites or any services or items obtained through the Website or/and Mobile Application or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain, and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data.

MODIFICATION OF TERMS

CYAN reserves the right to modify these terms and conditions at any given time. Should there be any alterations, the company may notify Users at its absolute discretion. Please check these Terms of Service periodically.

TERMINATION

The agreement between User and us reflected by these Terms is effective when User access the Website or Mobile Application and remains in effect until either User or we terminate the agreement in accordance with these Terms. User may deregister his account at any time if he so chooses. At User's  request, the Company may deregister his account on the Website and Mobile Application. The Company reserves the right to terminate User's  account at any time by providing written notice. The Company will not be liable for any compensation, reimbursement, or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, investments, or other commitments in connection with User's  business.

INDEMNITY 

Users  agree to indemnify, defend and hold harmless the Company,  its officers, directors, owners, partners, employees, agents, suppliers, and any third party information provider to the Website and Mobile Application from and against all losses, expenses, damages, and costs, including attorney's fees, resulting from any violation of these Terms of Services; including negligent or wrongful conduct by User  or his use and access of the Website and Mobile Application.

COMPLAINTS AND FEEDBACK

Should you have any complaints whatsoever, please email us at info@get-cyan.com. You agree to assist the Company to facilitate the resolution of complaints. 

COMMUNICATIONS 

By visiting our Website and/or Mobile Application and/or sending an email, User agrees to exchange communication with us electronically. 

SEVERABILITY 

If any provision of this Terms of Service or the application thereof in any particular circumstance,  is held illegal,  invalid, or unenforceable,  such illegality,  invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

FORCE MAJEURE

The parties to this Terms of Service  will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

JURISDICTION

These Terms of Service of the Website and Mobile Application will be governed by and construed in accordance with the laws of the State of Kuwait.

DISPUTE RESOLUTION 

Any dispute or claim relating in any way to User's  use of the Website shall be resolved first by internal negotiations. If User  have any dispute or claim whatsoever, please contact us:

In the case that the disputes are not resolved through negotiations within one (1) month, they shall be resolved by the courts of the State of Kuwait.