📋 Terms of Service

1. DEFINITIONS

• "Platform" means Goom's website, application and related digital systems through which Seekers may discover, book and pay for Services.

• "Provider" means an independent third-party service provider offering children's activities through the Platform.

• "Service" means any activity, class, course or other extracurricular or developmental service offered by a Provider through the Platform.

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

• "Fees" means all amounts payable in connection with a Booking, including the applicable Service price, VAT and any administrative, processing or other fees disclosed at checkout.

• "Child" means the child for whom a Seeker makes or manages a Booking.

• "Customer Data" means Personal Data relating to the Seeker, Parent, Guardian or Child processed by Goom in connection with the Platform or a Booking.

• "Business Day" means a day other than a Saturday, Sunday or public holiday in the United Arab Emirates.

• "UAE Law" means all applicable laws and regulations of the United Arab Emirates and the Emirate of Dubai, as amended from time to time.

2. SERVICE DESCRIPTION

The Platform

• Goom operates a digital marketplace through which Seekers may search for and book activities offered by independent third-party Providers.

• The Platform may be used to discover activities including sports, arts, swimming, music, tutoring and other extracurricular or developmental activities offered by Providers through the Platform.

Booking

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

• When a Booking is made, a contractual relationship arises between the Seeker and the relevant Provider in relation to the provision of the Service. Goom facilitates the Booking and payment process through the Platform but is not the Provider of the Service. Nothing in these Terms excludes or limits any obligation or liability of Goom that cannot lawfully be excluded or limited under applicable UAE Law.

Goom's Payment Collection Role

• For online payments, Goom acts solely as a commercial agent of the Provider for the purpose of collecting and remitting payments.

• Payment made to Goom discharges the Seeker's payment obligation to the Provider to the extent of the amount paid.

Provider Information

• Goom does not independently guarantee the qualifications, performance or safety compliance of Providers beyond the information and verification measures expressly disclosed on the Platform. Providers remain responsible for the accuracy of the information they provide to Goom and for complying with applicable legal and regulatory requirements.

• Providers remain independent third parties responsible for the Services they offer.

Provider Responsibility

• Providers are solely responsible for the Services they offer, including the provision, quality, scheduling, staffing, supervision, facilities, equipment, safety, qualifications and lawful operation of those Services. Goom does not control or supervise Providers and does not guarantee that any Provider or Service will meet the Seeker's expectations or requirements.

• Providers are responsible for complying with all laws and regulatory requirements applicable to their Services, including applicable health, safety and child-protection requirements.

3. REGISTRATION AND ACCOUNT SETUP

Account Registration

1. be at least eighteen (18) years old;

2. be the parent or legal guardian of each Child for whom a Booking is made; and

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

Account Information

• You agree that information provided to Goom in connection with your account and Bookings will be accurate and complete.

• Where information changes, you are responsible for ensuring that the information provided to Goom remains accurate.

Child Information

• You must provide accurate and complete information concerning the Child where such information is reasonably required for the safe and appropriate provision of the Service. This may include relevant medical conditions, allergies, medications, behavioural or accessibility needs, emergency contact information and other information reasonably necessary for the Provider to safely provide the Service.

• You are responsible for ensuring that such information is accurate and kept up to date and for communicating any material changes to the Provider before the Child participates in the relevant Service.

4. PRICING AND PAYMENT

Price Display

• All prices, taxes and applicable Fees will be displayed before a Booking is confirmed.

• Prices are displayed in AED.

• Goom reserves the right to update displayed prices at any time before Booking confirmation.

Fees and Currency

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

• All Fees are stated in AED and are inclusive of VAT where applicable. Goom may display indicative currency conversions for convenience, but only the AED amount is binding.

Payment Processing

• Payments are processed through licensed payment service providers ("PSPs").

• By making a Booking, you authorise Goom and its PSPs to debit your designated payment method for the Booking value.

• Where applicable, Goom may apply administrative or processing Fees disclosed at checkout.

Cancellations and Refunds

• Cancellation, rescheduling and refund terms applicable to each Booking will be disclosed to the Seeker before the Booking is confirmed and will form part of the Booking terms.

• Refund eligibility will depend on the applicable cancellation terms, the reason for cancellation and whether the cancellation is made by the Seeker, the Provider or Goom. Nothing in these Terms or the applicable cancellation terms shall exclude or limit any mandatory right to a refund, replacement, re-performance or other remedy available to the Seeker under applicable UAE Law.

• Where a refund is approved, Goom may process the refund to the original payment method or, where expressly permitted and agreed, provide Platform credit. Any applicable administrative or payment-processing deductions will be disclosed before the Booking is confirmed.

• Where a Provider cancels a Service or fails to provide the Service for reasons attributable to the Provider, Goom will process any refund due in accordance with the applicable Booking terms.

• Goom may delay or withhold a refund where reasonably necessary to investigate suspected fraud, unauthorised payment activity, a chargeback, duplicate payment or other payment dispute, subject always to applicable law.

5. DIGITAL TRANSACTION INFORMATION

6. SERVICE USAGE AND RESTRICTIONS

Use of the Platform

Medical and Safety Information

• You must disclose to the Provider any medical conditions, allergies, medications, behavioural or accessibility needs, emergency contact information or other information reasonably relevant to the Child's safe participation in the Service before the Child participates in the relevant Service.

• You acknowledge that certain children's activities may involve inherent and reasonably foreseeable risks, including physical activity, interaction with other participants, use of equipment and participation in Provider facilities. You agree to comply with applicable Provider safety requirements and to provide information reasonably necessary to enable the Provider to assess and manage relevant risks.

• Nothing in these Terms excludes or limits any rights or remedies that cannot lawfully be excluded or limited under applicable UAE law.

Prohibited Conduct

• involves fraud or unauthorised payment activity;

• misuses Customer Data;

• circumvents the Platform's Booking process; or

• otherwise breaches these Terms or applicable law.

Platform Integrity and Non-Circumvention

• You must not, directly or indirectly, circumvent the Platform by using information obtained through the Platform to arrange, facilitate or make a Booking with a Provider outside the Platform for a period of twelve (12) months following your last interaction with that Provider through the Platform.

• This restriction does not prohibit a relationship that demonstrably existed between you and the Provider independently of the Platform before your first interaction with that Provider through the Platform.

• Any material breach of this Section may result in suspension or termination of your account and may entitle Goom to pursue any remedies available under applicable law, including recovery of losses suffered as a result of the circumvention.

7. DATA PROTECTION AND PRIVACY

Customer Data

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

• Goom will process personal data in accordance with applicable UAE data-protection law, including Federal Decree-Law No. 45 of 2021 Regarding the Protection of Personal Data ("PDPL").

• The UAE Government describes the PDPL as the federal framework governing the processing, confidentiality and protection of personal data and provides for data-subject rights and requirements concerning cross-border transfers.

Data Roles

• Goom and each Provider act as independent controllers in respect of personal data collected and processed for their respective purposes.

• Each is responsible for lawful collection and secure processing of Customer Data within its respective role.

• with the consent of the Data Subject, where consent is required;

• where processing is necessary to perform a contract with the Data Subject or take steps at the Data Subject's request before entering into a contract;

• where processing is necessary to comply with a legal obligation;

• where processing is necessary to protect the vital interests of the Data Subject or another natural person, where permitted by applicable law;

• where processing is necessary for the establishment, exercise or defence of legal claims;

• where processing is necessary for a purpose expressly permitted under applicable UAE Law; or

• on any other lawful basis expressly recognised by applicable UAE Law.

Data Subject Rights

• Seekers may exercise the rights available to them under applicable UAE data-protection law, which may include rights relating to access, correction, deletion or erasure, restriction of processing, objection to certain processing, data portability and withdrawal of consent where processing is based on consent. Requests may be submitted to Goom at support@goom.fit and will be handled in accordance with applicable law.

• Requests will be handled within the applicable statutory timeframe.

Personal Data Incidents

• Goom will maintain appropriate technical and organisational measures designed to protect Customer Data against unauthorised or unlawful processing, accidental loss, destruction or damage.

• Where a Personal Data breach occurs, Goom will assess and manage the breach and make any notification to the competent authority and affected Data Subjects required under applicable UAE data-protection law and within any applicable statutory timeframe.

8. INTELLECTUAL PROPERTY

Limited Use

• Your use of the Platform does not transfer ownership of any intellectual-property rights to you.

• You may use the Platform only for its intended purpose of discovering and Booking Services.

User Content

• Where you submit reviews, feedback, comments, photographs or other content through the Platform ("User Content"), you retain ownership of your User Content.

• You grant Goom a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, distribute, adapt and otherwise use your User Content to the extent reasonably necessary to operate, provide, maintain, improve and promote the Platform and Goom's services, subject to applicable law.

• You represent that you have all rights and permissions necessary to submit the User Content and grant the licence described above.

• Goom may remove or restrict User Content that it reasonably believes violates these Terms, applicable law or the rights of another person.

9. SERVICE LEVEL AND SUPPORT

Platform Disclaimer

• To the fullest extent permitted by applicable law, the Platform is provided on an "as is" and "as available" basis. Goom does not guarantee that the Platform will be uninterrupted, error-free, secure or continuously available, or that information displayed on the Platform will always be complete, accurate or current.

• Nothing in these Terms excludes or limits any statutory rights, warranties or remedies that cannot lawfully be excluded or limited under applicable UAE law.

Platform

• Goom provides the Platform as a marketplace through which Seekers may discover and book Provider Services.

• Goom does not itself provide the Services offered by Providers.

Incident Reporting and Cooperation

• Seekers are encouraged to report any material safety incident, injury, suspected abuse, safeguarding concern or other serious issue relating to a Service to Goom as soon as reasonably practicable through the Platform or by contacting support@goom.fit.

• Reports should, where available, include the relevant date, time, location, Child information, description of the incident and supporting evidence.

• Goom may share information relating to an incident with the relevant Provider, insurer, professional adviser or competent authority where reasonably necessary for investigation, safety, safeguarding, legal compliance or resolution of the matter, subject to applicable law.

• Nothing in this Section limits any statutory reporting obligation or legal right of the Seeker or Child.

10. LIMITATION OF LIABILITY

Provider Responsibility

• Goom is not responsible for the safety, supervision or condition of Provider venues or staff.

• Providers are responsible for compliance with applicable UAE safety and child-protection requirements applicable to their Services.

Non-Excludable Liability

• Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable UAE law.

• Nothing in these Terms limits liability for death or personal injury caused by Goom's negligence, fraud or fraudulent misrepresentation, wilful misconduct, or any other liability that cannot lawfully be excluded or limited under applicable UAE Law.

11. INDEMNIFICATION

• your breach of these Terms;

• your negligence or wilful misconduct;

• your misuse of the Platform or Customer Data; or

• your unauthorised circumvention of the Platform or other conduct that results in a third-party claim against Goom.

12. TERM AND TERMINATION

Suspension or Termination by Goom

• you materially breach these Terms;

• you engage in fraud, unauthorised payment activity or other unlawful conduct;

• you misuse Customer Data or the Platform;

• you attempt to circumvent the Platform or engage a Provider outside the Platform in breach of these Terms;

• suspension is reasonably necessary to protect the security, integrity or operation of the Platform or the rights of Goom, Providers or other users; or

• Goom is required to do so by applicable law or a competent authority.

• your right to use the Platform may cease;

• payment obligations that have already arisen remain subject to these Terms;

• Customer Data will continue to be handled in accordance with applicable law; and

• provisions intended by their nature to survive termination shall continue to apply.

13. FORCE MAJEURE

1. Goom will not be liable for any delay or failure in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, terrorism, labour disputes, governmental action, court orders, telecommunications or internet failures, payment-system failures, cyber incidents not caused by Goom's failure to maintain reasonable security measures, or other events beyond Goom's reasonable control.

2. Goom will take reasonable steps to mitigate the effects of a force majeure event and resume performance as soon as reasonably practicable.

3. Nothing in this Section limits any mandatory consumer rights relating to cancellation, refunds or other remedies that cannot lawfully be excluded.

14. MARKETING AND REFERENCES

Marketing Communications

• Where permitted by applicable law and, where required, with the Seeker's consent, Goom may send marketing, promotional and other optional communications relating to Goom, the Platform or Services that may be of interest to the Seeker.

• The Seeker may withdraw consent or opt out of marketing communications at any time through the unsubscribe mechanism provided in the relevant communication or by contacting Goom.

15. DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law

16. GENERAL PROVISIONS

Order of Precedence

• These Terms, together with any Booking-specific terms, schedules, policies and documents expressly incorporated by reference, form the contractual framework governing the Seeker's use of the Platform.

• In the event of any inconsistency, the following order of precedence shall apply:

1. mandatory applicable law;

2. Booking-specific terms expressly accepted by the Seeker, solely in relation to that Booking;

3. these Terms; and

4. policies and schedules incorporated into these Terms.

Modifications

• Goom may amend these Terms from time to time to reflect changes to the Platform, Services, business practices, applicable law, regulatory requirements, security requirements or other legitimate operational reasons.

• Where an amendment materially affects the Seeker's rights or obligations, Goom will provide reasonable advance notice through the Platform, by email or by another legally permissible method, unless a shorter period is required by law or reasonably necessary for security, fraud prevention or safety.

• The amended Terms will apply from the effective date stated in the notice. Continued use of the Platform after the effective date may constitute acceptance of the amended Terms to the extent permitted by applicable law.

Assignment

• The Seeker shall not assign, transfer, charge, subcontract or otherwise deal with its rights or obligations under these Terms without Goom's prior written consent.

• Goom may appoint or engage affiliates, agents, contractors, payment processors, technology providers or other service providers to perform or support its obligations under these Terms, subject to applicable law.

Waiver

• A failure or delay by Goom to exercise a right or remedy shall not constitute a waiver of that right or remedy.

• Any waiver must be in writing and signed by an authorised representative of the waiving party.

Relationship of the Parties

• Nothing in these Terms creates a partnership, joint venture, franchise, fiduciary relationship or employment relationship between Goom and the Seeker.

• Except for Goom's expressly stated limited commercial agency role concerning payment collection, neither party has authority to bind the other or incur obligations on the other's behalf.

Notices

• email; and/or

• in-app or dashboard notification within the Seeker's account area.

• if sent by email, at the earlier of confirmation of delivery without system bounce or one (1) Business Day after sending; or

• if posted in-app or through the dashboard, at the time it is posted to the Seeker's account.

17. CONTACT INFORMATION