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📋 Seekers Terms & Conditions

GOOMER SOFTWARE SOLUTIONS FZCO, a company incorporated in the United Arab Emirates with registered office at United Arab Emirates, Dubai Silicon Oasis, DTEC, Building A5, G022 ("Company", "we", "our", "Goom").

These Terms & Conditions ("Terms") constitute a binding legal agreement between the Company and any person using the platform to search for, book, and pay for extracurricular or developmental activities for children ("Seeker", "you", "your", "Parent", or "Guardian"). By registering an account, accessing the platform, or confirming a booking, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Each a "Party" and together the "Parties".

  1. DEFINITIONS

  1. "Platform" means the Company's digital application, website, and related systems used to advertise, search, and book services.

  2. "Provider" means an independent third-party offering children's activities (e.g., sports, arts, swimming, music, tutoring).

  3. "Service(s)" means any activity or class offered by a Provider through the Platform.

  4. "Booking" means any confirmed order for a Service made through the Platform.

  5. "Fees" means all payments due for a Booking, including VAT where applicable.

  6. "Customer Data" means any personal data of the Seeker, Parent, Guardian, or Child processed via the Platform.

  7. "UAE Law" includes the UAE Civil Code, Federal Law No. (45) of 2021 regarding the Protection of Personal Data (PDPL), and UAE Consumer Protection Law, as amended.

  1. ELIGIBILITY AND AUTHORITY

You warrant that:

  1. you are at least 18 years old;

  2. you are the parent or legal guardian of each child for whom a Booking is made;

  3. you have full legal capacity and authority to enter into these Terms and to grant any consents required.

You are responsible for the accuracy of all information provided to the Platform.

  1. PLATFORM NATURE AND RELATIONSHIP OF THE PARTIES

  1. The Platform is a marketplace enabling Seekers to discover and book services offered by independent Providers. The Company does not own, manage, or control the Providers.

  2. When a Booking is made, a separate contract arises between you and the Provider for delivery of the Service. The Company is not a party to that contract and disclaims all responsibility for Provider performance.

  3. For online payments, the Company acts solely as a commercial agent of the Provider for the purpose of collecting and remitting payments. Payment to the Company fully discharges your obligation to pay the Provider.

  4. The Company does not warrant the accuracy, qualifications, or safety compliance of Providers beyond what is disclosed on the Platform.

  1. PRICE DISPLAY AND TRANSPARENCY

All prices, taxes, and applicable Fees will be displayed before Booking in AED. The Company reserves the right to update displayed prices at any time prior to Booking confirmation.

  1. PAYMENT PROCESSING

  1. Payments are processed via licensed payment service providers (PSPs). You authorise the Company and its PSPs to debit your designated payment method for the total Booking value.

  2. Where applicable, the Company may apply administrative or processing fees disclosed at checkout.

  3. All payments are final once confirmed unless refund provisions in these Terms apply.

  1. CANCELLATIONS, REFUNDS, AND CHARGEBACKS

  1. Cancellation and refund rules will appear clearly during checkout and are binding.

  2. Refunds are processed according to Schedule 1. No cash refunds are provided; the service provider and client will have to discuss for the refund.

  3. Improper or fraudulent chargebacks may result in suspension of your account and recovery of associated costs.

  4. The Company reserves the right to withhold or delay refunds in cases of suspected fraud, dispute, or regulatory review.

  1. MEDICAL AND SAFETY OBLIGATIONS

  1. You must disclose to the Provider any medical conditions, allergies, or behavioural issues relevant to your child before the Booking.

  2. You acknowledge that activities inherently carry risk. You accept full responsibility for your child's participation and agree to the risk acknowledgments in Schedule 2.

  3. The Company is not responsible for the safety, supervision, or condition of Provider venues or staff. Providers are solely liable for compliance with UAE safety and child-protection laws.

  1. DATA ROLES AND LEGAL BASIS

  1. The Company and each Provider act as independent controllers of personal data collected for their respective purposes.

  2. The Company processes personal data in accordance with PDPL lawful bases including contract performance, consent, legitimate interests, and legal obligations.

  1. RIGHTS AND RESTRICTIONS

Seekers have the rights granted under PDPL including access, correction, deletion, and withdrawal of consent. These rights can be exercised via the Platform.

  1. SECURITY, SUBPROCESSORS, AND CROSS-BORDER TRANSFERS

Security measures, subcontracting, and data transfer safeguards are detailed in Schedule 3.

  1. DISCLAIMERS

The Platform is provided "as is". The Company disclaims all warranties, express, implied, statutory, or otherwise, to the maximum extent permitted by UAE law.

  1. LIMITATION OF LIABILITY

  1. To the fullest extent permitted, the Company's total liability to any Seeker shall not exceed the total Fees paid for the relevant Booking.

  2. The Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, loss of profits, emotional distress, or damage to reputation.

  3. Nothing in these Terms excludes or limits liability for death or personal injury caused by the Company's proven gross negligence or wilful misconduct, or for fraud. All other liability of the Company, whether arising in contract, tort, negligence, or otherwise, is excluded to the maximum extent permitted by UAE law.

  1. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company and its affiliates from all claims, losses, damages, costs, and expenses arising from:

  1. your breach of these Terms;

  2. your negligence or willful misconduct;

  3. your misuse of the Platform or Customer Data; or

  4. disputes with Providers.

  1. PLATFORM INTEGRITY

  1. You shall not solicit or directly engage any Provider discovered through the Platform outside the Platform for a period of twelve (12) months after your last interaction.

  2. Any circumvention, direct booking, or data misuse shall constitute a material breach. Remedies include account suspension, liquidated damages as detailed in Schedule 5, and injunctive relief.

  1. USER CONTENT

You may post reviews and feedback consistent with Platform guidelines. You grant the Company a perpetual, worldwide, royalty-free licence to use, reproduce, and display your content.

  1. PROHIBITED CONDUCT

Seekers must not post defamatory, discriminatory, misleading, or unlawful content. Breaches may lead to removal or suspension.

  1. CHANGES TO TERMS

We may update these Terms with 30 days' notice (shorter if required by law or for safety). Continued use after the effective date constitutes acceptance.

  1. FORCE MAJEURE

  1. Any delays in or failure by either Party in the performance of any obligations hereunder shall not be deemed a breach of this Terms if and to the extent caused by occurrences beyond such Party's reasonable control, including but not limited to wars, fires, labour troubles, acts of God, shortage of materials or equipment, interruption of or delay in transportation or by compliance with any law or other governmental action, or decision of any court, board or other governmental authority. In the event of a claimed force majeure, the Party claiming the benefit of this provision shall promptly notify the other party of the nature and extent of the matter causing the delay and the estimated duration of the suspension period and, to the extent it is able, shall make all reasonable attempts to compensate for the matter causing the delay.

  2. If an event of force majeure continues for more than three (3) months, either Party shall be entitled to terminate this Terms forthwith by giving written notice to the other Party.

  1. MISCELLANEOUS

  1. If any provision (or part of a provision) of these Terms is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision (or part) shall, to the minimum extent necessary, be deemed deleted or modified so as to render it valid and enforceable, and the remaining provisions shall continue in full force and effect.

  2. These Terms (together with all Schedules, annexes, policies, guidelines and documents expressly incorporated by reference, as may be updated from time to time) constitute the entire agreement between the Company and the Seeker in relation to the subject matter hereof and supersede all prior or contemporaneous understandings, proposals, negotiations, representations and agreements, whether written or oral.

  3. Nothing in these Terms is intended to or shall be deemed to create any partnership, joint venture, franchise, fiduciary relationship, or employment between the parties.

  4. These Terms are in English. A bilingual (Arabic/English) summary will be made available to comply with UAE consumer requirements. In the event of discrepancy, the Arabic version prevails as required by UAE law.

  5. Except as expressly provided (including any limited commercial agency for payment collection), neither party has authority to bind the other or to incur obligations on the other's behalf.

  6. The Seeker shall not assign, transfer, charge, subcontract, declare a trust over, or deal in any other manner with any of its rights or obligations under these Terms, in whole or in part, without the Company's prior written consent.

  7. The Company may appoint agents, contractors, payment processors or service providers to perform its obligations, provided the Company remains responsible for their performance vis-à-vis the Seeker.

  8. A failure or delay by the Company to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy, nor shall any single or partial exercise preclude any further exercise of that or any other right or remedy.

  9. Any waiver must be in writing and signed (including electronic signature) by an authorised representative of the waiving party and shall apply only to the specific instance identified.

  10. Method. Formal notices under these Terms must be given in English or Arabic and delivered by:

    • email; and/or

    • in-app or dashboard notification within the Seekers account area, which the Seeker agrees constitutes written notice.

  11. A notice is deemed received: if sent by email, at the earlier of (a) confirmation of delivery without system bounce; or (b) one (1) Business Day after sending; (c) if posted in-app/dashboard, at the time of posting to the Seeker's account.

  12. These Terms shall be subject to the laws of the United Arab Emirates as applied in the emirates of Dubai.

  13. Any dispute arising out of or in connection with this Terms or any dispute with regard to the performance of any obligation hereunder by either Party shall be settled amicably between the Parties hereto. In case an amicable settlement cannot be reached, the dispute shall be finally settled by Dubai Courts.

  1. SCHEDULES

  1. Schedule 1 - Payment, Refunds and Chargeback Policy

  2. Schedule 2 – Safety, Disclosure and Risk Acknowledgment

  3. Schedule 3 – UAE PDPL Data Protection Addendum (Seekers)

  4. Schedule 4 – Incident Reporting and Cooperation

  5. Schedule 5 – Non-Circumvention and Liquidated Damages Matrix

Schedule 1

Payment, Refunds and Chargeback Policy

  1. Payment Collection

1.1 All payments are collected by the Company acting as the commercial agent of the Provider under UAE Civil Code agency principles.

1.2 Payment to the Company discharges your obligation to the Provider.

1.3 You authorise the Company to collect funds via its payment processor(s) and to remit to Providers after deduction of Fees and applicable taxes.

  1. Service Fees & Currency

2.1 All Fees are in AED and inclusive of VAT where applicable.

2.2 The Company may display indicative conversions for convenience; only AED values are binding.

  1. Refunds

3.1 Refund eligibility depends on the cancellation window displayed during checkout.

  • 3.2 Refunds will be made to the same payment method or as Platform credit. However, the service provider and client will have to discuss for the refund.

  • 3.3 Administrative deductions (up to 10%) may apply to cover transaction costs.

  • 3.4 Refunds arising from Provider default or cancellation are processed once verified by the Company.

    1. Chargebacks

    4.1 Unjustified chargebacks constitute a breach of contract.

    4.2 The Company reserves the right to recover the amount, impose an administrative fee, and suspend the account pending resolution.

    1. Fraud & Payment Security

    The Company may withhold payouts where fraud, money laundering, or unauthorised card use is suspected. Seekers must cooperate with verification procedures and investigations.

    Schedule 2

    Safety, Disclosure and Risk Acknowledgment

    1. Risk Disclosure

    By confirming a Booking, you acknowledge that children's activities may involve inherent risks (e.g., physical exercise, interaction with others, use of facilities). You voluntarily assume all such risks on behalf of your child.

    1. Health Information

    You must disclose in advance:

    • Medical conditions or allergies;

    • Behavioural needs;

    • Emergency contacts and medications.

    Failure to disclose may limit the Company's or Provider's responsibility for incidents.

    1. Supervision & Drop-off/Pick-up

    Seekers must comply with Provider's published safety rules. The Company is not responsible for supervision or custody once a child is under Provider care.

    1. Liability Waiver

    To the fullest extent permitted by law, you waive all claims against the Company arising from participation in the Service except those caused by proven gross negligence or fraud.

    Schedule 3

    UAE PDPL Data Protection Addendum (SEEKERS)

    1. Roles & Responsibilities

    The Company and each Provider act as independent controllers under the UAE PDPL. Each is responsible for ensuring lawful collection and secure processing of Customer Data.

    1. Lawful Bases

    Processing occurs under the following bases:

    (a) performance of contract (to enable Booking and payment);

    (b) consent (for marketing, optional communications);

    (c) compliance with legal obligations;

    (d) legitimate interests (fraud prevention, analytics, platform integrity).

    1. Rights of Data Subjects

    Seekers may exercise rights of access, correction, deletion, and withdrawal of consent by emailing support@goom.fit. Requests will be processed within statutory PDPL timeframes.

    1. Cross-Border Transfers

    Transfers outside the UAE require one of:

    • Adequacy decision by the UAE Data Office;

    • Contractual safeguards; or

    • Explicit consent.

    1. Breach Notification

    The Company will notify affected users and regulators within 72 hours of discovering a data breach that poses a material risk.

    1. Data Retention

    Data will be retained for 1 year after the last transaction unless required longer for legal or regulatory purposes.

    Schedule 4

    INCIDENT REPORTING and COOPERATION

    1. Reporting Obligations

    Seekers must report any safety incident, injury, or material issue within 24 hours via the Platform or email support@goom.fit. The report must include time, location, description, and any available evidence.

    1. Cooperation

    You agree to cooperate fully with the Company and competent authorities during investigations. Failure to cooperate may result in account suspension.

    1. Evidence Preservation

    You must preserve relevant evidence (e.g., communications, receipts, witness contact details) until the matter is resolved.

    1. Provider Escalations

    The Company may forward reports to Providers, insurers, or regulators as required. You consent to such disclosure strictly for safety and compliance purposes.

    Schedule 5

    Non-Circumvention and Liquidated Damages Matrix

    1. No Off-Platform Engagement

    Seekers shall not engage any Provider discovered on the Platform for direct or indirect bookings outside the Platform for a period of twelve (12) months following the last contact.

    1. Damages

    If circumvention occurs, the Company may recover liquidated damages equal to the greater of:

    (a) three (3) times the avoided service fee; or

    (b) thirty percent (30%) of the total diverted transaction value.

    1. Enforcement

    The Company may suspend or terminate your account and pursue civil remedies. You acknowledge the reasonableness of this clause as a fair estimate of anticipated loss.