Gathro

Introduction

The platform believes in the importance of clarity in the terms and conditions for service providers to provide their services through it, and to ensure avoiding mistakes that affect the reputation of the platform or service providers, the platform has prepared "Terms and Conditions for Providing Services through the Platform" which constitute a legally binding contract for all parties.

Definitions

Gathro Platform: An electronic platform owned by Codemedia Bahrain, commercial registration number (184787-1), operating through the internet, providing intermediary services for entertainment and tourism services.
Service Provider: A natural or legal person who offers their entertainment or tourism services through the platform.
Consumer: A natural or legal person who purchases the service from the service provider through the platform.
User: Any natural or legal person, service provider, consumer, or otherwise who uses the platform.
Account: An electronic page within the platform through which the user can act as a service provider or consumer.
Regulatory Document: The license, registration, permit, or document issued by the competent authorities that enables the service provider to practice the work covered by the document.
Account Login Information: Username, password, email, and password recovery question and answer.
Cookies: Small text files created by the browser and stored on the user's device when visiting a website, the purpose of which is to store some information related to interaction with the site, so that it can be retrieved when visiting the site again.

Validity

Using the platform constitutes acceptance of these terms and the rights they contain for the platform or the user and the obligations on them, and the user may not reject these terms thereafter or claim lack of knowledge or awareness.

Scope and Application

Given that the platform is an intermediary entity connecting service providers and consumers, these terms apply only to users' dealings with the platform and do not extend to transactions between the consumer and the service provider, whether natural or legal persons, except with regard to the platform's regulatory obligations to provide a platform for complaints and what these terms contain regarding dealing with service complaints.
Without prejudice to the above and based on relevant regulatory and legal texts, the platform establishes a mechanism for submitting complaints between consumers and service providers, and its role is limited - except for what these terms contain regarding dealing with service complaints - to verifying the complaint and attempting to reconcile viewpoints without the platform being a party to the complaint and without being obligated to achieve a result related to it.

Limits of Liability

The limits of the platform's liability are limited to the services provided by it, which include providing accounts for users (consumers and service providers) to complete transactions between them and providing related services, such as electronic payment gateway services.
In accordance with the limits mentioned above and without prejudice to regulatory and legal responsibilities, the platform confirms that it has no relationship with services offered by service providers as long as they are provided within the limits of regulatory permissibility and do not violate the truth of the service provided.
In accordance with the limits mentioned above, and without prejudice to regulatory and legal responsibilities and what is contained in these terms, the services provided by the platform to ensure a better user experience do not constitute an obligation on its part to achieve a result for any party.
The user acknowledges that the relationship between the consumer and the service provider is based on commercial and civil regulations, and the platform has no relationship with transactions between the parties, except what is stipulated by regulation for the platform's commitment and what is contained in these terms.
The user acknowledges that the platform does not bear any financial costs, compensation, or responsibilities arising from financial losses, defamation, slander, or any damages arising from misuse or abuse of the platform by users, nor does it bear any shortcomings, negligence, or otherwise that causes harm to others arising from a third party, and those affected may resort to the perpetrator through the relevant government and judicial authorities.
All transactions that occur between service providers and consumers are independent legal relationships from the Gathro platform, and in case of a dispute, God forbid, the jurisdiction to consider it belongs to the relevant authorities such as the Ministry of Commerce and the courts.

Legal Obligations

The user, whether a natural or legal person, acknowledges that they have the legal capacity to conduct transactions through the platform, and commits not to continue using the account in case their legal capacity is removed or they are exposed to any impediment to capacity, and the platform does not bear any regulatory or legal responsibility in case of continued use of the platform after the removal of capacity or exposure to any impediment to it.
The user is committed to Islamic Sharia and applicable regulations and laws that do not conflict with it in their dealings with users, and is solely responsible for the consequences, claims, and compensation that arise due to their actions, and also commits not to violate public morals and public order in the country where the activity is practiced.
The user acknowledges that their use of the platform is subject to regulations and laws related to e-commerce, personal data protection, electronic transactions, and related regulations, whether commercial or civil, and also commits to all regulatory requirements in the country where the activity is practiced, including: municipal permits, private hospitality facility permits, health permits, and Ministry of Commerce permits and licenses and other regulatory and legal requirements.
The user acknowledges that they have obtained the regulatory document that authorizes them to practice business, and commits to providing all platform requirements and regulatory requirements to establish an account on the platform, and to continuously update the information provided by them, and acknowledges the platform's right to suspend the account in case of expiration, suspension, or cancellation of their regulatory document.

Account Terms

Every person who meets the regulatory requirements has the right to establish their own account with the platform, provided that the user commits to providing all platform requirements and regulatory requirements to establish an account on the platform, and updating this information continuously to ensure receiving platform services correctly.
The service provider commits not to include in their account link any personal or misleading information or any information that may lead to assuming a direct relationship between them and the platform, as the platform's role is limited to providing software technologies to establish and use the account without a direct relationship with users.
The service provider commits to disclosing the regulatory document under which they practice their business on the platform, in addition to their address, contact means, and tax number - if any - and also commits to registering their account on government digital platforms whenever this is a regulatory requirement.
The service provider commits to maintaining the confidential information for accessing (logging into) their store on the platform, and the platform does not bear responsibility for anything that may result from their disclosure of confidential information for accessing their store on the platform.
Allowing others to use the service provider's store is considered authorization from them for others to use the account, and the service provider may not object to enabling others to do so, and the service provider (account owner) bears the consequences of what arises from others' actions through their account.

Service Terms

The service provider commits to displaying their services through their account on the platform, including service details and price or cost according to the requirements and fields available on the service page, including but not limited to the type of service, whether accommodation, entertainment event, trip, or otherwise.
The service provider commits not to display services that violate Islamic Sharia and applicable regulations that do not conflict with it, and the platform has the right to remove any product or service that violates this.
For the purposes of regulatory and legal compliance with anti-harassment crime regulations and laws, the service provider, whether male or female, commits not to dedicate an event to the opposite gender unless they provide a pledge not to attend the event and limit their role to providing the service only.
The service provider commits in providing their services to comply with health, security, and professional standards according to the service, and not to hold an event in places that expose consumers to danger or at times that are inappropriate in terms of security, weather, or otherwise.
The service provider acknowledges that the platform has no relationship with determining service costs, as their determination is subject to prevailing market prices and what the service provider decides based on their knowledge of their service costs, however, the platform advises making service costs within the customer's reach to achieve the desired economic benefit for the service provider.
The service provider commits to stating in their store the privacy policy and return and exchange policy.
The service provider commits to providing an invoice for the service to the consumer in accordance with relevant regulations.

Payment Gateways

Without prejudice to what is contained in these terms, the platform provides users with electronic payment gateways through its partners, and the platform then has no relationship in operations conducted through payment gateways, as the relationship is limited between account holders, banks, and the partner providing the payment gateway.
The platform has the right to view financial operations conducted through payment gateways or through cash on delivery payment services in accordance with its right to percentages or commissions on orders.

Request Response Time

The service provider commits to a response time for requests not exceeding (15) minutes from the consumer submitting the request to respond to the consumer's request with acceptance or rejection.
In case the service provider delays in responding to the submitted request within the specified response time, the request is automatically canceled by the platform and the amount is returned to the consumer's account.
The platform's commission is not affected by the automatic cancellation of the request, and the platform is entitled to the commission for the canceled request.

Complaints and Consumer Compensation

The service provider acknowledges the consumer's right within 48 hours of receiving the service to file a complaint about it directly with the service provider, and in case the service provider does not respond to the consumer or fails to reach an amicable agreement between them, the consumer has the right to file a complaint with the platform within 24 hours of the end of non-response or failure to reach an amicable agreement, in the following exclusive cases:
- a.Cancellation of the service request by the service provider.
- b.Failure to enable the consumer to receive the requested service.
- c.Non-compliance of the service provider with regulatory requirements for providing the service.
- d.Non-compliance of the service with the description stated on the service page.
The platform verifies the consumer's complaint using the technical means available to it and the documents provided by the consumer that help the platform verify, and the platform requests the service provider to respond to it regarding the consumer's complaint, and if it is proven to the platform that the service provider violated what is contained in paragraph (1) above, the platform has the right to deduct all or part of the service provider's dues to compensate the consumer, and the service provider may not object to this.
The platform's right to the commission specified for it for the request subject to the complaint is not affected, and the commission is collected from what is available to the platform from the service provider's dues, whether from previous or subsequent requests to the request subject to the complaint.
All complaint procedures are taken regarding orders completed through cash on delivery payment service, except what relates to consumer compensation, and the consumer has the right in this case to proceed against the service provider through the relevant government and judicial authorities, and the consumer also has this right if the platform decides that the service provider's violation of any of what is mentioned in paragraph (1) above is not proven.

Commission

The service provider acknowledges that the platform is entitled to a commission of (10%) of each service request, provided that the commission is calculated based on the service price paid by the consumer.
The platform does not bear bank commissions for international or local transfer operations or inter-bank transfer operations, nor does it bear commissions of financial service companies such as Mada and Visa and others.

Wallet

The platform deposits the service provider's dues within a period of 7 business days in the account's wallet after deducting its commission, and the service provider can dispose of the wallet balance as they wish, except for balances added from requests that have not been fulfilled by the consumer until then according to the service fulfillment calendar and requests that have not passed 72 hours since their fulfillment or non-fulfillment according to the same calendar.

Advertising and Marketing

The service provider acknowledges the platform's right to use their name, logo, and visual identity for the platform's marketing purposes.
The service provider may implement joint marketing and promotional campaigns with the platform after meeting brand policies and obtaining the platform's approval.
The service provider commits not to conduct promotional and marketing campaigns that include misleading or false information or false promises or violations of regulations, laws, or public order and public morals, and the service provider alone bears what results from this in terms of inquiries, fines, claims, or compensation to the platform or others.

Ratings and Reviews

The service provider acknowledges the consumer's right to rate the product, service, or service provider's account after completing the product or service request, and these ratings are displayed on the service provider's account transparently and without distortion or change unless they contradict general policies or include a regulatory or legal violation.
The service provider acknowledges that responding to reviews is the sole responsibility of the service provider, and they may communicate with the review owner to reach a solution or proceed to the relevant authorities if the consumer provides a fake or factually incorrect review.

Intellectual Property Rights

The user acknowledges the platform's material and immaterial, tangible and intangible rights in all content on the platform, and no one has the right to use them in any form, whether direct or indirect use or through a third party, whether electronic or otherwise, written or unwritten, including but not limited to: written and unwritten texts, graphic designs, technical ideas, logos, offers, icons, symbols, audio clips, aggregated data, and electronic programs.
The platform does not bear responsibility in case of infringement of intellectual property rights owned by the service provider, and the responsibility for protecting the property lies with the service provider without any relationship to the platform.

General Provisions

Taking into account what is stated in the privacy policy and confidentiality of information related to the platform and regulatory texts related to personal data protection, the user has the right to cancel their account at any time by submitting a request through the technical services available on the platform, and the service provider may not exercise this right except after completing existing consumer requests at that time, whether by enabling users to receive the service or cancel it through amicable means.
Without prejudice to the above paragraph, and in compliance with regulatory texts and to protect the platform's reputation from actions that negatively affect it, the platform may suspend the user's account and prevent them from accessing it in case of violations or transgressions against the platform, its users, or others, and the platform - according to its own discretion or in compliance with regulations and laws - may reactivate the account and allow the user to access it.
A user whose account has been suspended by the platform has the right to apply to judicial authorities to request reactivation of the account or lifting the suspension, and the platform is bound by the judgment.
The service provider has the right to apply to the relevant government authorities or judicial authorities to resolve disputes that arise between the service provider and the consumer.
The user must deal with others while using the platform with good morals, honor, and honesty, and must consider God Almighty before everything, and be a good representative of their religion, country, and society, and strive for lawful earning and lawful dealing.

Modifications

The platform may modify these terms in a way that leads to an increase or decrease in user rights or obligations according to its legitimate purposes or in compliance with regulatory or legal texts, and the platform will notify users through email or through advertising notifications on the platform.

For the purposes of achieving notifications and notifications, the user agrees to receive notifications related to these terms through pop-up notifications when logging into their account or updating the electronic account page through the browser or through the email registered in their account, and notifications are considered in all cases to produce their regulatory and legal effects.

Governing Law

These terms have been prepared in accordance with relevant regulations and laws, and in case a dispute arises in which the platform is a party - God forbid - the jurisdiction falls to the courts of the capital of the country where the service is provided.

Terms and Conditions for Service Providers