Terms and Conditions
Platform Terms of Service for Fishing Trip Marketplace
Last Updated: November 2024
1. Agreement to Terms
By accessing or using JomBoat ("Platform", "we", "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, please discontinue use immediately. These Terms constitute a legally binding agreement between you and JomBoat.
2. Definitions
2.1 Platform
The JomBoat website, mobile applications, and related services.
2.2 Angler
A user who searches for and books fishing trips through the Platform.
2.3 Fleet Operator
A verified maritime service provider offering commercial fishing trips through the Platform.
2.4 Trip
A fishing excursion organized by a Fleet Operator and booked through the Platform.
2.5 Booking
A confirmed reservation for a Trip made through the Platform.
3. User Eligibility
Users must be: (1) At least 18 years old; (2) Legally capable of entering into binding contracts under Malaysian law; (3) Not prohibited from using the Platform by any applicable law. Minors (under 18) may only participate in Trips with parental/guardian consent and supervision.
4. Platform Role and Limitations
4.1 Marketplace Function
JomBoat operates as a marketplace connecting Anglers with Fleet Operators. We are NOT a fishing tour operator, maritime service provider, or travel agency.
4.2 No Liability for Trips
Fleet Operators are independent contractors responsible for Trip safety, quality, and compliance with maritime laws. JomBoat is not liable for: Trip cancellations, weather conditions, fishing outcomes, vessel maintenance, crew qualifications, personal injuries, property damage, or maritime accidents.
4.3 Verification Disclaimer
While we verify operator DOF licenses and SSM registration, we do not guarantee the quality, safety, or legality of Trips. Users participate at their own risk.
5. Angler Responsibilities
5.1 Account Security
Maintain confidential login credentials. You are responsible for all activities under your account.
5.2 Accurate Information
Provide truthful personal details, dietary requirements, medical conditions, and emergency contacts.
5.3 Compliance with Rules
Follow operator instructions, maritime safety regulations, and DOF fishing laws (licensing, catch limits, protected species).
5.4 Digital Waiver
Complete the mandatory safety waiver before Trip departure, acknowledging maritime risks.
5.5 Conduct Standards
Respect crew, fellow anglers, and property. Abusive, dangerous, or illegal behavior may result in immediate Trip termination without refund.
6. Fleet Operator Responsibilities
6.1 Licensing and Compliance
Maintain valid: DOF fishing licenses, SSM business registration, vessel safety certifications (MMEA), marine insurance, crew qualifications.
6.2 Trip Accuracy
Provide truthful Trip descriptions (duration, species, boat specifications, capacity). Misleading information may result in account suspension.
6.3 Safety Standards
Ensure vessel seaworthiness, safety equipment (life jackets, flares, communication devices), crew training, weather monitoring, emergency procedures.
6.4 Capacity Management
Do not exceed vessel passenger limits or double-book slots.
6.5 Timely Communication
Respond to bookings within 24 hours. Notify anglers of cancellations/changes at least 48 hours in advance (except force majeure).
7. Bookings and Payments
7.1 Booking Process
Bookings are confirmed upon payment. Trip availability is subject to operator acceptance and weather conditions.
7.2 Pricing
Trip prices are set by Fleet Operators. JomBoat charges a 4% platform commission (deducted from operator payouts).
7.3 Payment Methods
We accept FPX (online banking), GrabPay (eWallet), and credit/debit cards via Stripe. All transactions are in Malaysian Ringgit (MYR).
7.4 SST (Sales and Service Tax)
6% SST applies to platform commissions (included in operator pricing).
7.5 Payment Security
We do not store full credit card details. Payments are processed securely through Stripe (PCI DSS Level 1 compliant).
8. Cancellations and Refunds
8.1 Angler Cancellations
48+ hours before Trip: 100% refund (minus 4% processing fee); 24-48 hours: 50% refund; Less than 24 hours: No refund (unless operator approves).
8.2 Operator Cancellations
If operator cancels, anglers receive 100% refund. Repeated cancellations may result in operator suspension.
8.3 Weather Cancellations
Trips canceled due to unsafe weather (MMEA alerts, MetMalaysia warnings) receive full refunds or rescheduling options.
8.4 Refund Timeline
Refunds processed within 5-7 business days. FPX/GrabPay refunds may take up to 14 days depending on bank processing.
8.5 Dispute Resolution
Contact support@jomboat.com within 48 hours of Trip completion for refund disputes. We may request evidence (photos, witness statements).
9. Reviews and Ratings
9.1 Review Guidelines
Reviews must be honest, relevant, and based on actual experiences. Prohibited content includes: False statements, profanity, personal attacks, promotional content, illegal activity descriptions.
9.2 Operator Responses
Fleet Operators may respond to reviews professionally. We reserve the right to remove abusive responses.
9.3 Moderation
JomBoat may remove reviews violating these Terms without prior notice. Repeated violations may result in account suspension.
10. Prohibited Activities
Users may NOT: (1) Provide false information or impersonate others; (2) Circumvent platform fees by direct payments; (3) Use automated tools (bots, scrapers) to access the Platform; (4) Upload malicious software or viruses; (5) Harass, threaten, or abuse other users; (6) Violate DOF fishing regulations or maritime laws; (7) Engage in fraudulent chargebacks or payment disputes; (8) Resell platform services without authorization.
11. Intellectual Property
All Platform content (logos, trademarks, software, text, images) is owned by JomBoat or licensed to us. You may NOT: Copy, modify, or distribute our content without written permission; Use our trademarks or branding in commercial materials; Reverse-engineer our software or algorithms.
12. Limitation of Liability
12.1 No Warranties
The Platform is provided "AS IS" without warranties of any kind (express or implied).
12.2 Damage Exclusions
JomBoat is NOT liable for: Personal injuries or death during Trips; Lost, stolen, or damaged property; Fishing outcomes or catch quality; Weather-related cancellations; Third-party actions (operator negligence); Indirect, incidental, or consequential damages.
12.3 Maximum Liability
Our total liability is limited to the amount you paid for the specific Booking in dispute (excluding platform fees).
13. Indemnification
You agree to indemnify and hold harmless JomBoat, its directors, employees, and partners from any claims, damages, or expenses arising from: Your violation of these Terms; Your use of the Platform or participation in Trips; Your breach of Malaysian laws or regulations; Third-party claims related to your conduct.
14. Force Majeure
JomBoat is not liable for failures to perform due to events beyond our control: Natural disasters (typhoons, tsunamis, earthquakes); Government actions (maritime bans, fishing restrictions); Pandemics or health emergencies; War, terrorism, or civil unrest; Technical failures (server outages, cyberattacks).
15. Data Protection and Privacy
Your personal data is handled according to our Privacy Policy and the Personal Data Protection Act 2010 (PDPA). By using the Platform, you consent to data collection, storage, and processing as described in our Privacy Policy.
16. Termination
16.1 Account Termination
JomBoat may suspend or terminate accounts for: Terms violations; Fraudulent activity; Repeated cancellations; Abusive behavior; Non-payment.
16.2 User Termination
You may delete your account anytime via account settings. Outstanding bookings and payments remain enforceable.
16.3 Effect of Termination
Upon termination, access to the Platform ends immediately. Data retention follows our Privacy Policy and legal requirements.
17. Dispute Resolution
17.1 Negotiation
Contact support@jomboat.com for disputes. We aim to resolve issues within 14 business days.
17.2 Mediation
If negotiation fails, parties agree to mediation through the Malaysian Mediation Centre.
17.3 Arbitration
Unresolved disputes shall be settled through arbitration under the Malaysian Arbitration Act 2005.
17.4 Governing Law
These Terms are governed by Malaysian law. Disputes shall be resolved in Penang courts.
18. Amendments
JomBoat may update these Terms with 30 days' notice via email or platform notification. Continued use after changes constitutes acceptance. Significant changes affecting existing bookings will not apply retroactively.
19. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Contact Information
For questions about these Terms: Email: legal@jomboat.com Support: support@jomboat.com Mailing Address: JomBoat Penang, Malaysia
Important Notice
By creating an account, booking a Trip, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, please discontinue use immediately.
Questions About These Terms?
Our legal team is here to help clarify any questions you may have about our Terms and Conditions.
Email: legal@jomboat.com