Terms of Use

Introduction

The Platform believes in the importance of clarity in the terms and conditions under which service providers offer their services through it. To ensure that mistakes affecting the reputation of the Platform or of service providers are avoided, the Platform has prepared these "Terms and Conditions for Providing Services through the Platform", which constitute a legally binding contract for all parties.

Definitions

  1. Gathro Platform: An electronic platform owned by Codemedia, a Bahraini company, Commercial Registration No. (184787-1), operating on the World Wide Web and providing intermediary services for the delivery of entertainment and tourism services.
  2. Service Provider: A natural or legal person who offers entertainment or tourism services through the Platform.
  3. Consumer: A natural or legal person who purchases a service from a Service Provider through the Platform.
  4. User: Any natural or legal person — whether a Service Provider, a Consumer, or otherwise — who uses the Platform.
  5. Account: An electronic page within the Platform through which the User can act as a Service Provider or as a Consumer.
  6. Regulatory Document: A license, registration, permit, or document issued by the competent authorities that enables the Service Provider to practice the activity covered by that document.
  7. Account Login Information: The username, password, email address, and the password-recovery question and its answer.
  8. Cookies: Small text files created by the browser and stored on the User's device when visiting a website, intended to save certain information about the interaction with the website so that it can be retrieved when the website is visited again.

Binding Effect

Use of the Platform constitutes acceptance of these Terms, including the rights they establish for the Platform and the User and the obligations imposed on both. The User may not thereafter reject these Terms or claim ignorance or lack of knowledge of them.

Scope and Application

  1. As the Platform is an intermediary entity connecting Service Providers with Consumers, these Terms apply only to Users' dealings with the Platform and do not extend to dealings between the Consumer and the Service Provider, whether natural or legal persons, except with respect to the Platform's regulatory obligations — such as providing a complaints channel — and the provisions of these Terms relating to the handling of service complaints.
  2. Without prejudice to the foregoing, and pursuant to the relevant regulatory and legal provisions, the Platform establishes a mechanism through which complaints may be filed between Consumers and Service Providers. The Platform's role — except as provided in these Terms regarding the handling of service complaints — is limited to verifying the complaint and attempting to reconcile viewpoints, without the Platform being a party to the complaint and without being obligated to achieve any outcome related to it.

Limits of Liability

  1. The Platform's liability is limited to the services it provides, namely providing accounts to Users (Consumers and Service Providers) to carry out transactions between them, together with related services such as electronic payment gateway services.
  2. In light of the limits stated above, and without prejudice to regulatory and legal responsibilities, the Platform confirms that it has no connection to the services offered by Service Providers, provided those services are offered within the bounds of what is legally permissible and are not misrepresented.
  3. In light of the limits stated above, and without prejudice to regulatory and legal responsibilities and to these Terms, the services the Platform provides to ensure a better user experience do not constitute an obligation on the Platform to achieve any outcome for any party.
  4. The User acknowledges that the relationship between the Consumer and the Service Provider is governed by commercial and civil laws, and that the Platform has no connection to the dealings between the parties, except as the Platform is required to undertake by law and as provided in these Terms.
  5. The User acknowledges that the Platform bears no financial costs, compensation, or liabilities arising from financial losses, reputational damage, defamation, or any other harm resulting from misuse or abuse of the Platform by Users. The Platform likewise bears no responsibility for any shortcoming, negligence, or other act attributable to a third party that causes harm to others; the affected party may seek recourse against the responsible party through the competent governmental and judicial authorities.
  6. All transactions between Service Providers and Consumers are legal relationships independent of the Gathro Platform. In the event of a dispute, jurisdiction lies with the competent authorities, such as the Ministry of Commerce and the courts.

Regulatory Obligations

  1. The User, whether a natural or legal person, acknowledges possessing the legal capacity to conduct transactions through the Platform, and undertakes not to continue using the Account if that legal capacity lapses or is affected by any legal impediment. The Platform bears no regulatory or legal liability for continued use of the Platform after capacity has lapsed or been impaired.
  2. The User undertakes to comply with Islamic Sharia and the applicable regulations and laws that do not conflict with it in dealings with other Users, and is solely responsible for the consequences, claims, and compensation arising from their own actions. The User also undertakes not to violate public morals or public order in the country in which the activity is conducted.
  3. The User acknowledges that their use of the Platform is subject to the laws and regulations relating to e-commerce, personal data protection, and electronic transactions, as well as other related commercial and civil regulations. The User further undertakes to fulfill all regulatory requirements in the country in which the activity is conducted, including municipal permits, private hospitality facility permits, health permits, and Ministry of Commerce permits and licenses, among other regulatory and legal requirements.
  4. The User acknowledges holding the Regulatory Document authorizing them to conduct business, and undertakes to provide all of the Platform's requirements and the regulatory requirements for establishing an Account on the Platform, and to keep the information they provide continuously updated. The User further acknowledges the Platform's right to suspend the Account if their Regulatory Document expires or is suspended or cancelled.

Account Terms

  1. Every person who meets the regulatory requirements has the right to create their own account on the Platform, provided the User fulfills all of the Platform's requirements and the regulatory requirements for creating the Account, and keeps this information continuously updated to ensure the Platform's services are received correctly.
  2. The Service Provider undertakes not to include in their account link any personal or misleading information, or any information that could imply a direct relationship between them and the Platform, as the Platform's role is limited to providing the software technologies for creating and using the Account, with no direct relationship with Users.
  3. The Service Provider undertakes to disclose the Regulatory Document under which they conduct their business on the Platform, in addition to their address, contact details, and tax number (if any). The Service Provider also undertakes to register their account on government digital platforms whenever this is a regulatory requirement.
  4. The Service Provider undertakes to maintain the confidentiality of the login credentials for their store on the Platform. The Platform bears no responsibility for anything that may result from the Service Provider's disclosure of the confidential login information for their store on the Platform.
  5. The Service Provider's allowing of others to use their store constitutes an authorization for those others to use the Account, and the Service Provider may not claim that such use was not authorized. The Service Provider (the Account holder) bears the consequences of any actions taken by others through their Account.

Service Terms

  1. The Service Provider undertakes to offer their services through their Account on the Platform, including the service details and the price or cost, in accordance with the requirements and fields available on the service page — including, for example and without limitation, the type of service, whether accommodation, an entertainment event, a trip, or otherwise.
  2. The Service Provider undertakes not to offer services that violate Islamic Sharia or the applicable regulations that do not conflict with it, and the Platform has the right to remove any product or service that violates this.
  3. For the purposes of regulatory and legal compliance with anti-harassment laws and regulations, the Service Provider — whether male or female — undertakes not to designate an event for the opposite gender unless they provide an undertaking not to attend the event and to limit their role to providing the service only.
  4. In providing their services, the Service Provider undertakes to comply with the health, safety, and professional standards applicable to each service, and not to hold events in places that expose Consumers to danger or at times that are unsuitable from a security, weather, or other standpoint.
  5. The Service Provider acknowledges that the Platform has no role in determining service costs, as pricing is subject to prevailing market rates and to what the Service Provider decides based on their knowledge of their service costs. Nevertheless, the Platform recommends setting service costs within the customer's means in order to achieve the desired economic benefit for the Service Provider.
  6. The Service Provider undertakes to state the Privacy Policy and the Refund and Exchange Policy in their store.
  7. The Service Provider undertakes to issue an invoice for the service to the Consumer in accordance with the relevant regulations.

Payment Gateways

Without prejudice to the provisions of these Terms, the Platform provides Users with electronic payment gateways through its partners. The Platform has no involvement in the transactions carried out through the payment gateways, as the relationship is limited to the holders of the financial accounts, the banks, and the partner providing the payment gateway.

The Platform has the right to review the financial transactions carried out through payment gateways or through cash-on-delivery (COD) services, in accordance with its right to percentages or commissions on orders.

Order Response Time

  1. The Service Provider undertakes to respond to orders within no more than fifteen (15) minutes from the Consumer placing the order, either by accepting or rejecting the order.
  2. If the Service Provider fails to respond to the order within the specified response time, the order is automatically cancelled by the Platform and the amount is refunded to the Consumer's account.
  3. The Platform's commission is not affected by the automatic cancellation of the order, and the Platform remains entitled to its commission on the cancelled order.

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. If the Service Provider does not respond to the Consumer, or no amicable settlement is reached between them, the Consumer has the right to escalate the complaint to the Platform within 24 hours of the non-response or of the failure to reach an amicable settlement, exclusively in the following cases:

  • The Service Provider cancels the service order on their own side.
  • The Consumer is not enabled to receive the service that is the subject of the order.
  • The Service Provider fails to comply with the regulatory requirements for providing the service.
  • The service does not match 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 to assist in the verification, and requests the Service Provider to provide their response regarding the Consumer's complaint. If the Platform establishes that the Service Provider has violated any of the cases stated 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 its prescribed commission on the order subject of the complaint is not affected, and the commission is collected from any of the Service Provider's dues held by the Platform, whether from orders preceding or following the order subject of the complaint.

For orders completed through cash-on-delivery (COD), all complaint procedures apply except those relating to Consumer compensation. In this case, the Consumer has the right to pursue the Service Provider through the competent governmental and judicial authorities. The Consumer also has this right if the Platform determines that the Service Provider's violation of any of the cases stated in paragraph (1) above has not been established.

Commission

  1. The Service Provider acknowledges the Platform's entitlement to a commission of ten percent (10%) of each service order, calculated on the basis of the service price paid by the Consumer.
  2. The Platform does not bear bank charges for international or local transfers or for transfers between banks, nor does it bear the fees of financial services companies such as mada, Visa, and others.

Wallet

The Platform deposits the Service Provider's dues, after deducting its commission, into the Account's wallet within an estimated period of seven (7) business days. The Service Provider may dispose of the wallet balance as they wish, with the exception of balances added from orders that have not yet been fulfilled by the Consumer as of that time — according to the service-fulfillment calendar — and orders for which 72 hours have not yet elapsed since their fulfillment or non-fulfillment, according to the same calendar.

Advertising and Marketing

  1. The Service Provider acknowledges the Platform's right to use their name, logo, and visual identity for the Platform's marketing purposes.
  2. The Service Provider may conduct joint marketing and promotional campaigns with the Platform after fulfilling the brand policies and obtaining the Platform's approval.
  3. The Service Provider undertakes not to conduct promotional or marketing campaigns that contain misleading or false information, untrue promises, or content that violates regulations or laws or public order and public morals. The Service Provider alone bears any resulting accountability, fines, claims, or compensation owed to the Platform or to others.

Ratings and Reviews

  1. The Service Provider acknowledges the Consumer's right to rate the product, the service, or the Service Provider's account after completing a product or service order. These ratings are displayed on the Service Provider's account transparently, without distortion or alteration, unless they conflict with public policies or contain a regulatory or legal violation.
  2. The Service Provider acknowledges that responding to ratings is solely the Service Provider's responsibility. They may contact the reviewer to reach a resolution, or escalate to the competent authorities if the Consumer submits a malicious or factually inaccurate rating.

Intellectual Property Rights

  1. The User acknowledges the Platform's material and moral, tangible and intangible rights in all content available on the Platform. No one may use such content in any form whatsoever — directly or indirectly, 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, presentations, icons, symbols, audio clips, aggregated data, and software.
  2. The Platform bears no responsibility in the event of infringement of intellectual property rights owned by the Service Provider. The responsibility for protecting such property lies with the Service Provider, without any involvement of the Platform.

General Provisions

  1. Subject to the Privacy Policy, the Platform's information-confidentiality policy, and the regulatory provisions on 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. A Service Provider may exercise this right only after completing the Consumers' orders pending at that time, either by enabling users to receive the service or by cancelling the orders amicably.
  2. Without prejudice to the above paragraph, and in compliance with regulatory provisions and to protect the Platform's reputation from actions that adversely affect it, the Platform may suspend the User's account and block access to it if the User commits violations or transgressions against the Platform, its Users, or others. The Platform may also — at its sole discretion or in compliance with regulations and laws — reactivate the account and authorize the User to access it.
  3. A User whose account has been suspended by the Platform has the right to apply to the judicial authorities to request reactivation of the account or the lifting of the suspension, and the Platform is bound by the resulting judgment.
  4. The Service Provider has the right to apply to the competent governmental or judicial authorities to resolve disputes arising between the Service Provider and the Consumer.
  5. While using the Platform, the User must treat others with good morals, honor, and integrity, remain mindful of God Almighty above all else, be an exemplary representative of their religion, country, and community, and strive for lawful earnings and lawful dealings.

Amendments

The Platform may amend these Terms in a manner that increases or decreases the User's rights or obligations, in accordance with its legitimate purposes or in compliance with regulatory or legal provisions. The Platform will notify Users via email or through announcement notifications on the Platform.

For the purposes of valid notifications and service of notices, the User agrees to receive notifications related to these Terms through pop-up notifications upon logging into their account, upon refreshing the account page in the browser, or via the email address registered in their account. Such notifications shall, in all cases, be deemed to produce their regulatory and legal effects.

Governing Law

These Terms have been prepared in accordance with the relevant laws and regulations. In the event of a dispute to which the Platform is a party, jurisdiction shall lie with the courts of the capital of the country in which the service is provided.

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