Terms and Conditions for Activity Providers

Nashaty Trading LLC — State of Qatar

1. Introduction

1.1:

www.nashaty.net, www.nashaty.com and all associated sites and mobile applications linked with the same (the "Platform") are owned and operated by Nashaty Trading LLC a company duly incorporated under the laws of the State of Qatar (including its directors, full time employees, subsidiaries, and affiliates, collectively the "Company"). The Platform has been exclusively developed by the Company and remains under its sole and exclusive ownership. The Platform provides an online booking service (the "Services") enabling users of the Platform/parents/guardians (collectively, the "Customers") to discover, compare, and book various activities for children ("Activities") offered by independent third-party providers registered on the Platform (collectively, the "Activity Providers"), who may also be referred to in these Terms and Conditions as "You", "Your", and other linguistic cognates).

1.2:

These Terms and Conditions for Activity Providers (the "Terms and Conditions") shall apply to all Activity Providers availing the Services of the Platform. By registering on, browsing, using, or accessing any part of the Platform or utilising the Services, You agree to be bound by the Terms and Conditions, including any additional or modified terms and conditions and policies in relation to the Platform or any future service that may be offered by the Company. If, at any time, You do not accept or agree to any or all of the Terms and Conditions, You must cease accessing the Platform and/or using any of the Services.

1.3:

You can review the most current version of the Terms and Conditions at any time on the Company's Platform. The Company reserves the right to unilaterally update, amend, change, or replace any part of the Terms and Conditions by posting updates or changes to the Platform. It is Your responsibility to check the Platform periodically for changes, and we encourage You to do so from time to time and at regular intervals. All such amendments shall automatically be applicable to all users of the Platform, including You, from the date on which such amendment is published on the Platform. Your continued use of or access to the Platform following the posting of any such changes shall constitute Your unconditional acceptance of those changes.

1.4:

These Terms and Conditions shall be read together with, and shall include, the Company's Privacy Policy and Cancellation Policy (collectively, the "Policies"), as may be updated from time to time. By accessing or using the Platform, You acknowledge that You have read, understood, and agree to be bound by such Policies, which form an integral part of these Terms and Conditions. In the event of any inconsistency between these Terms and Conditions and the Policies, the provisions of these Terms and Conditions shall prevail, unless expressly stated otherwise.

2. Nature of the Platform

2.1:

The Platform acts solely as an online intermediary facilitating the discovery, comparison and booking of Activities by the Customers from the independent third party Activity Providers such as You. The Company does not and will not operate, manage or control any of the Activities, and the related venues or services offered by You. The Company does not guarantee the presence or participation of any Customers, nor any payment from Customers to You. The Company does not guarantee that that the Platform or the insights provided on it will increase Your revenue or contribute to Your business growth.

2.2:

The Company does not assume any responsibility or liability in respect of the Activity Provider's business operations, including the content creation, marketing, reputation, legal compliance, documentation, financial matters, or service delivery.

2.3:

Any contract for participation in an Activity is strictly between You and the relevant Customer. The Company is not a party to any contract entered into between a Customer and an Activity Provider, and shall not be held liable for the acts, omissions, or representations of any Customer, vis-à-vis Activity Providers.

2.4:

For the avoidance of doubt, nothing contained herein shall be construed to create any partnership, joint venture, employment, or agency relationship between the Company and You. The Company's role is limited to that of an independent intermediary facilitating the connection and transaction between the Customers and the Activity Providers. The use of the slogan "Partner in growth" is used as a promotional term which aligns with the Company's vision and does not create any legally binding partnership between the Company and You or Your business. The presentation of the Company profile and service is used to showcase the services as a promptional document.

2.5:

You acknowledge and agree that, while the Company may be part of or supported by incubation or innovation programs, this does not constitute any governmental affiliation, endorsement, partnership, or representation with any ministry, authority, or governmental body in the State of Qatar. You further agree that You have not relied on any perceived or assumed government association in deciding to register on the Platform, and the Company shall not be liable for any misunderstanding or assumption in this regard.

3. Eligibility

3.1:

Accepting the Terms and Conditions will constitute a legal contract between You and the Company. Consequently, any person or entity who is not legally competent to enter into binding contracts under applicable laws shall not be eligible to register as an Activity Provider on the Platform, avail the Services, or offer its Activities through the Platform. The Company reserves the right to terminate Your account and/or deny access to the Platform if it is brought to the Company's notice that You are at any point of time deemed legally incompetent to use the Platform.

3.2:

You represent that You have not been previously suspended or restricted by the Company from accessing the Platform. You also represent and warrant that You have the legal right, authority, and capacity to be bound by the Terms and Conditions under the provisions of the applicable laws. The Company shall not be responsible for any internal acts, omissions, or misconduct within Your organisation, including any misuse or misappropriation of funds.

3.3:

You further represent that You have and hold all valid licenses, approvals, authorizations, authority, and permits required under applicable law to offer and conduct the Activities listed by You on the Platform and/or offered by You to the Customers, and that all such activities shall be conducted in a manner compliant with applicable laws, especially those pertaining to the health, safety and protection of participants, in particular, children. You acknowledge and agree that You are responsible for the accuracy and the completeness of all information, descriptions, pricing and schedules provided by You in relation to the Activities offered, and for ensuring the safety and suitability of the Activities, venues, staff and personnel engaged in providing them.

3.4:

You shall, at all times, comply with all applicable laws and regulations of the State of Qatar, including but not limited to commercial licensing requirements, consumer protection laws, e-commerce regulations, tax laws, health and safety regulations, and all laws relating to the protection and welfare of children. Failure to comply with this clause shall constitute a material breach of these Terms and Conditions and may result in suspension or termination of access to the Platform, without prejudice to any other rights or remedies available to the Company.

3.5:

The Company shall not be held liable for any failure by the Activity Provider to comply with applicable laws and regulations of the State of Qatar, as set out in Clause 3.4, or for any obligations undertaken by the Activity Provider or any person acting on its behalf. All responsibility and liability arising from such non-compliance or breach shall rest solely with the Activity Provider.

3.6:

You expressly acknowledge and agree that all descriptions, representations, images, and information relating to the Activities are provided solely by You. The Company does not verify, endorse, or guarantee the accuracy, completeness, or reliability of such content. You shall be solely responsible for any false, misleading, or inaccurate information, and for any claims, disputes, or legal actions arising therefrom, including but not limited to claims of false advertising or misrepresentation. The Company shall have no liability whatsoever in this regard.

3.7:

You expressly agree and acknowledge that any images or pictures provided by You that includes children, parents or any third party have been provided only after obtaining written consent from the relevant parties – the parents or guardians of any children, or the individual concerned if they are an adult as per the Qatari laws.

4. Account Registration

You may only utilise the Services and offer the Activities to the Customers by entering into the Activity Provider Onboarding Agreement with the Company and creating an account on the Platform with a username and password. Your registration and continued access to the Platform shall be subject to the Company's sole discretion and Your unconditional acceptance of and adherence to these Terms and Conditions. The Company reserves the right to approve, reject, suspend, or terminate any registration or account (including any username and password) at its sole discretion, without obligation to provide reasons.

4.2:

Where You provide bank account or IBAN details directly, You are solely responsible for their accuracy. The Company shall not be liable for any incorrect payments resulting from inaccurate information provided by You.

4.3 Information Collected:

You will be required to provide certain particulars, including Your Personal Data (as defined hereinafter), upon registration on the Platform. Specifically, the Company collects the following information upon registration of an account on the Platform: Your full legal name and contact details; Registered business or trade name, as applicable; Your email address; Your mobile phone number; Your address (registered business address if an entity); Details of Your authorised representative; Information relating to Your business operations, including information regarding the Activities offered, venues, timings, number of participants accepted, and licenses and authorisations that You have obtained for such Activities, especially any mandatory licenses or authorisations; High-resolution photographs and visual content intended for publication on the Platform (By uploading or submitting such content, You expressly consent to the Company editing, modifying, or enhancing the content for quality, formatting, and presentation purposes, as deemed appropriate by the Company. You represent and warrant that all such content has been lawfully obtained, that You hold all necessary rights and permissions to use and share the content, and that all required consents have been obtained from any identifiable individuals featured therein (including, where applicable, parental or guardian consent for minors). The Company shall not be liable for any claims, disputes, or liabilities arising from the use of such content, and You agree to indemnify and hold the Company harmless in this regard.); Commercial Registration; Establishment Card; IBAN Certificate; Trade License; Any other information as may be reasonably required by the Company for verification or compliance purposes. The Company reserves the right to verify any information provided by You and to request supporting documentation, including licences, certifications, or identity documents.

4.4:

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete.

4.5:

You are solely responsible for all activities that are undertaken in and through Your account. You agree to: (i) maintain the confidentiality of Your password; (ii) take full responsibility for all activities undertaken by You by accessing the Platform through Your account; and (iii) immediately notify the Company of any unauthorised use of Your account or any other breach of security that You become aware of through the following email (support@nashaty.net).

4.6:

Where the Company or its representatives assist You in creating listings, uploading content, or onboarding onto the Platform, such assistance shall be based solely on the information provided by You. You remain solely responsible for verifying the accuracy and completeness of such information and must notify the Company of any errors within twenty-four (24) hours. The Company shall not be liable for any inaccuracies in the content uploaded on Your behalf.

4.7:

The Company reserves the right to suspend or terminate Your account, at its sole discretion, in the event: (i) any information provided by You is found to be false, misleading, incomplete, or inconsistent with the requirements of these Terms and Conditions or applicable law; or (ii) of Your non-compliance with any provisions of these Terms and Conditions.

5. Booking and Payment

5.1:

You agree, undertake and confirm that all bookings for the Activities offered by You shall be made exclusively in accordance with the procedures and instructions communicated to You by the Company. Upon receiving an enquiry or expression of interest from a Customer in relation to Activities matching Your offerings, the Company shall, at its discretion, contact You to verify the availability, schedule, eligibility criteria and accurate pricing of such Activities. You shall provide such information promptly and in good faith to enable the Company to communicate the same to the Customer.

5.2:

You acknowledge and accept that a booking shall be deemed confirmed automatically upon: (a) the availability of a slot for the relevant Activity at the time of booking; (b) the Customer successfully completing the booking through the Platform; (c) receipt of full payment of the Activity (the "Activity Fee") by the Company from the Customer through the payment link/payment gateway provided on the Platform. Upon such booking, an invoice shall be automatically generated through the Platform in respect of the Activity, detailing the applicable Activity Fee. You shall not consider any booking as final or binding unless the foregoing conditions have been satisfied.

5.3:

You hereby authorise the Company to collect payments from the Customer for the Activities offered by You through the Platform. All payments shall be made by the Customer through the payment gateway(s) designated by the Company. The applicable payment gateway shall deduct its transaction fees and charges directly from the amounts paid by the Customer.

5.4:

The Activity Provider shall pay a monthly fee (the "Subscription Fee") to the Company for access to and use of the Platform, which shall be automatically charged in advance on a monthly basis to the bank card provided by the Activity Provider. In addition to the Subscription Fee, the Activity Provider shall pay such other fees, as may be applicable, to the Company, including any commission on Customer booking, service fees, or other charges (collectively the "Commission"), in accordance with the subscription plan determined by the Company from time to time. The Company shall be entitled to deduct the applicable Commission, and any outstanding Subscription Fee and any amounts payable by You, in accordance with the selected subscription plan from any amount received from Customer. The remaining balance amount (the "Net Fee") shall be transferred to You on a monthly basis, on the 1st day of the month following the month in which the relevant Activity Fee were received by the Company. All payments shall be made in Qatari Riyal (QAR) or such other currency as may be specified on the Platform/in the communication sent by the Company, through the payment modes enabled therein. The Company shall not be responsible for delays in the transfer of funds caused by payment gateways, banks, financial institutions, or technical issues beyond the Company's control.

5.5:

You undertake not to solicit, accept, or process any payment directly from any Customer introduced to You through the Company, whether for the initial booking or for any subsequent booking, renewal, or engagement. In the event that You receive payment directly from any Customer, You shall, within two (2) days of receipt, remit to the Company the applicable Commission that would have been due had the booking been processed through the Company if applicable through the agreed subscription plan. Failure to do so shall constitute a material breach of these Terms and Conditions and shall entitle the Company to suspend or terminate Your access to the Platform and to recover from You an amount equal to the higher of (i) three (3) times the applicable Subscription Fee, and (ii) the total Commission lost or reasonably estimated to have been lost, together with any outstanding Commission and all applicable costs and expenses.

5.6:

You acknowledge and agree that the Commission represents the consideration payable to the Company for facilitating the introduction, booking, and related administrative services, and that the Company shall be entitled to retain such Commission notwithstanding any subsequent cancellation or change in the booking, except as expressly provided otherwise under these Terms and Conditions.

5.7:

The Company reserves the right to revise the structure, modify, introduce, or discontinue any subscription plans, commission structures, service fees, or other platform fees, including the structure, percentage, or method of calculation thereof, upon reasonable notice to You. Any such modification shall automatically apply to all future bookings or engagements made after the effective date of such change.

5.8:

The Company reserves the right to revise, modify, or update the Subscription Fee at any time. Any changes to the Subscription Fee shall be notified to the Activity Provider through email or through the Platform and shall become effective upon notification.

5.9:

The Company may issue invoices, reports or payment summaries through the Platform for administrative convenience only. Such documents or reports shall not be relied upon for tax, accounting, legal or regulatory purposes. Each Activity Provider shall remain solely responsible for maintaining its own legally compliant invoices or receipts, tax documents, and financial records in accordance with applicable laws and regulations. Accordingly, You undertake to comply with all applicable tax and regulatory obligations in respect of the Activities offered by You.

5.10:

Where a free trial session is offered by You, such trial shall be presented and made available to Customers through the Platform. A Customer may attend the free trial session; however, any subsequent booking of paid sessions must be made exclusively through the Platform. You shall not solicit, request, or accept any payment directly from the Customer following the free trial session. All paid sessions must be booked and paid for through the Platform in accordance with these Terms and Conditions.

5.11:

You acknowledge and consent that the Company acts solely as an intermediary, for the purpose of collecting and processing payments from Customers to You. Upon receipt of the Activity Fee from the Customer, the Company's obligation shall be limited to remitting the Net Fee to You.

5.12:

In the event of any error in pricing, availability, or other information displayed on the Platform or communicated to the Company by You, whether due to technical malfunction, inaccurate information supplied by You, or otherwise, the Company reserves the right, at its sole discretion, to cancel or modify such booking and refund any amount paid by the Customer, without incurring any liability whatsoever therefor. This right may be exercised by the Company even if You do not have any cancellation or refund policy on the Platform or in Your own terms and conditions, and any such cancellation or refund shall be binding upon You.

5.13:

The Company shall have the right, at its sole discretion, to set off any amounts owed by You to the Company, including unpaid Subscription Fee, Commission or other charges, against any Net Fee or any other amounts payable by the Company to You under these Terms and Conditions. The Company may exercise such right without prior notice, and any such set-off shall be final and binding.

5.14:

If any value added tax (VAT) or similar indirect tax, levy, or governmental charge becomes applicable under the laws of the State of Qatar in connection with the Activities, the Commission, or any payments made under these Terms and Conditions, such tax shall be charged in addition to the applicable amounts and shall be borne by the Activity Provider legally responsible for such tax in accordance with applicable law. The Company shall be entitled to collect, withhold, deduct, or remit any such taxes as required under applicable law.

5.15 Chargebacks:

In the event that a Customer initiates a chargeback or payment dispute through its bank or payment provider in respect of any Activity Fee, You agree that the disputed amount, together with any applicable bank charges, penalties, or processing fees, shall be borne by You and may be deducted by the Company from any amounts payable to You, and if there is no amount payable by the Company to You, You agree to pay the amount directly to the Company.

5.16 Minimum Payout and Fees:

You acknowledge that all payment gateway charges, processing fees, and applicable Commission (if any) shall apply irrespective of the transaction value or payout amount. The Company shall not be responsible for absorbing such costs, including in cases where the Net Fee payable to You is minimal.

5.17:

You shall be solely responsible for ensuring that all prices, discounts, and promotional offers comply with applicable laws and regulations in the State of Qatar, including any requirements of the Ministry of Commerce and Industry (MOCI). The Company does not verify or approve pricing and shall not be liable for any non-compliance. Where the Company becomes aware of suspicious or unlawful pricing practices, it reserves the right (but not obligation) to report such matters to the relevant authorities.

6. Subscription Terms and Payments

6.1 Automatic Renewal:

All subscription plans shall automatically renew for successive billing periods unless cancelled by You at least 30 days prior to the end of the then-current subscription period. Failure to cancel within such period shall result in automatic renewal and billing for the next cycle.

6.2 Failed Payments:

In the event of any failure in processing the Subscription Fee: (a) the Company reserves the right to suspend or restrict access to certain features of the Platform, including but not limited to the "Dashboard", visibility of listings, and ability to receive new bookings; (b) the Company will re-try to collect the Subscription Fee from the Activity Provider within ten (10) days from the due date (the "Grace Period"). During the Grace Period, the Activity Provider shall not be able to create new activities, and all activities shall be unpublished, and the Activity Provider shall only be permitted to complete existing bookings, at the Company's sole discretion; (c) ongoing or confirmed bookings may continue to be processed at the Company's discretion; and (d) the Company may retry payment collection and/or downgrade or suspend the account until full payment is received.

6.3 No Pro-Rata Refunds:

All Subscription Fees are non-refundable, whether in whole or in part. In the event of cancellation by You during mid of subscription period, no refund or credit shall be issued for any unused portion of the subscription term.

6.4 Tier-Based Features:

The Company reserves the right, at its sole discretion, to modify, add, or remove features of any subscription tier, revise pricing or introduce commissions, and determine feature allocation across tiers at any time. The Company may also introduce new subscription tiers with different pricing and benefits without any obligation to modify or extend existing plans, and may maintain, modify, or discontinue any current or legacy subscription plans, with or without replacement.

6.5 Recurring Billing:

You authorise the Company to automatically collect applicable Subscription Fees on a monthly recurring basis for each billing cycle to the bank card provided by the Activity Provider, unless cancelled in accordance with these Terms and Conditions. You are responsible for ensuring that Your payment details are valid and updated.

6.6 Trial upon Re-subscription:

In the event where You cancel Your subscription or the Company suspends it due to non-payment, You will be able to re-subscribe based on the Company discretion and no trial period will be provided.

6.7 Restricted Access to Data on the Platform:

In the event where You cancel Your subscription or the Company has failed to receive payment of the Subscription Fee following the expiry of the Grace Period, including after two (2) attempts to collect such payment, You shall no longer have access to the data available on the "mini dashboard" nor shall You have the right to request any data including but not limited to reports, invoices, booking details etc.

7. Cancellations, Refunds, and Changes

7.1:

You agree to promptly, and in advance, inform the Company of Your cancellation policy in relation to the Activities offered by You through the Platform, failing which the Company may, at its discretion, opt to take such decision in relation to any cancellation requests, either from the Customer or from You, in relation to any booked Activity, and You agree to abide by the same without any demur. You agree, undertake and confirm that any request for cancellation, modification, or rescheduling of a booking made through the Platform shall be promptly communicated to the Company. You shall not process or act upon any cancellation or modification request directly from a Customer, unless expressly authorised in writing by the Company.

7.2:

Where a Customer cancels a confirmed Activity booking and requests a refund, the Activity Provider depending on their cancellation policy, shall refund the applicable Activity Fee to the Company for onward refund to the Customer. Any payment gateway charges incurred by the Customer at the time of booking shall be non-refundable.

7.3:

If the Activity Provider cancels or fails to provide a booked Activity after confirmation for any reason, You shall promptly notify the Company via email and cooperate to offer the Customer an alternative date or equivalent session. If this is not practically possible, You shall fully refund the Activity Fee, along with any payment gateway charges incurred by the Customer at the time of booking, to the Company for onward refund to the Customer, irrespective of whether Your own policies provide for cancellation or refunds.

7.4:

The Company reserves the right to refund any amounts to Customers in its sole discretion, and any such refund made by the Company shall be binding on You, and You agree to reimburse the Company for the refunded amount, if such refund arises due to Your default, cancellation, or unavailability.

7.5:

In the event of cancellation of a booking by either the Customer or the Activity Provider, You acknowledge and agree that any Commission retained by the Company (as applicable under Your subscription plan) shall be non-refundable. Such Commission represents the cost of the successful introduction, facilitation, and administrative processing of the booking.

7.6:

You agree that any cancellation or rescheduling by You without reasonable cause, or repeated cancellation incidents, may result in suspension or termination of Your account and/or delisting from the Platform, without prejudice to the Company's other rights and remedies under law.

7.7:

You further acknowledge and agree that these Terms and Conditions may be updated or amended in the future and that the applicable terms relating to payment, Commission, cancellation, and refunds at that time shall prevail in respect of bookings made thereafter.

8. Use of the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by these Terms and Conditions and all applicable laws. Further, You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or results in unlawfully threatening or unlawfully harassing any individual or entity;
  • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address, phone number) or rights of publicity;
  • promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  • tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to the profiles, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other members of the Platform;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms and Conditions;
  • violates any law for the time being in force; and/or
  • contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

8.2:

By using the Platform, You represent and warrant that: (i) All registration information submitted by You is truthful, lawful, and accurate; (ii) Your use of the Platform shall be solely for Your personal use, and You shall not authorise others to use Your account; (iii) You will not use the Platform in any way that is unlawful, or harms the Company, Customer, any other person or entity; (iv) You will not delete or modify any content of the Platform, including, but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos; and (v) You will not use the Platform for money laundering or any other financial crime or as an intermediary to assist any financial crime.

8.3:

You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by any means. You shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You shall not use any linking, deep-linking, or any other technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent processes, to access, acquire, copy, distribute, display or monitor any portion of this Platform, or any content provided in it, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available on the Platform.

8.4:

You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (i) all applicable domestic laws, rules and regulations; and (ii) international laws, statutes, ordinances and regulations regarding and applicable to the use of the Platform. You shall not engage in any transaction which is prohibited by the provisions of any applicable law including but not limited to the aforementioned laws or regulations.

8.5:

The Company reserves the right, but has no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove, edit, modify, or reject any content including descriptions, pricing and images that in its sole discretion violates, or is alleged to violate, any applicable law, to ensure compliance with the Platform standards, or the spirit of these Terms and Conditions. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the Platform.

8.6:

The Company shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way, either on Your own or with the involvement of others, in hacking.

8.7:

You understand that Your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) be edited or modified to conform and adapt to technical requirements of connecting networks or devices. You understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

8.8:

The Company retains sole discretion over the display, ranking, and visibility of Activity Providers and Activities on the Platform, including search results, recommendations, and featured listings. Visibility may vary based on factors such as subscription tier, relevance, demand, and the Company's internal criteria. The Company may display competing Activity Providers alongside or in preference to You. Unless expressly guaranteed under a specific subscription plan, You shall have no right or expectation to any particular visibility or ranking. Any enhanced visibility benefits are non-exclusive and remain subject to the Company's sole discretion. The Company shall not be liable for any loss of business, reduced visibility, or competitive impact arising from such decisions.

9. Ratings, Reviews and Content Moderation

9.1 Right to Post Reviews:

Customers shall have the right to post ratings and reviews on the Platform based on their genuine experience with the Activity Providers. You acknowledge and agree that such reviews reflect individual opinions and experiences of Customers.

9.2 No Manipulation or Incentivisation:

You shall not, directly or indirectly, solicit, influence, manipulate, or procure reviews from Customers through the offering of discounts, refunds, free services, incentives, or any other benefit in exchange for favourable ratings or reviews. Any breach of this clause shall constitute a material violation of these Terms and Conditions and may result in suspension or termination of Your account.

9.3 Review Disputes and Removal Policy:

The Company shall not be obligated to remove or alter any review solely on the basis that You disagree with the content, rating, or opinion expressed therein. Reviews shall only be considered for removal where they violate the Platform's prohibited content provisions set out under Clause 8 or any applicable law.

9.4 Platform Discretion and Final Authority:

The Company reserves sole and absolute discretion to remove, retain, edit, restrict, or otherwise manage any review, rating, or content on the Platform at any time, without notice and without providing reasons. This includes the right to remove or disregard any review deemed, in its judgment, unfair, misleading, unreliable, malicious, insufficiently substantiated, or harmful to the Platform's integrity or the legitimate interests of any Activity Provider, including reviews based on limited interaction. The Company's decision is final and binding, and You waive any right to challenge or hold the Company liable for such moderation actions.

9.5 Provider Representation Requests:

You may bring any review to the Company's attention for reconsideration. The Company may, at its sole discretion, review such requests on a case-by-case basis, without any obligation to take action or provide justification for its decision.

10. Activity Provider Conduct, Safety Standards and Facilities

10.1 Facility Standards:

You represent, warrant, and undertake that all venues, facilities, and physical locations where Activities are conducted are safe, hygienic, properly maintained, and fully compliant with all applicable laws and regulations of the State of Qatar, including but not limited to Civil Defense, fire safety, health, and municipal requirements. You shall be solely responsible for obtaining and maintaining all necessary approvals, permits, and certifications.

10.2 Staff-to-Child Ratio:

You shall ensure that an adequate and legally compliant staff-to-child ratio is maintained at all times during the conduct of any Activity. You further warrant that sufficient qualified personnel are present to safely supervise all participating children, taking into account the nature of the Activity, the age group, and any applicable regulatory requirements.

10.3 Emergency Protocols:

You shall maintain and implement appropriate emergency response procedures for incidents involving children, including but not limited to injury, medical emergencies, evacuation, or safeguarding concerns. You must ensure that: (a) emergency contact details of parents/guardians are readily accessible; (b) staff are trained to respond to emergencies; and (c) prompt communication is made to parents/guardians and relevant authorities where required.

10.4 Sole Responsibility and Liability:

You acknowledge and agree that You bear sole and exclusive responsibility for the condition of Your facilities, the conduct of Your staff, and the safety and well-being of all participants in Your Activities. The Company shall have no responsibility, obligation, or liability whatsoever in relation to the foregoing, and You agree to indemnify and hold the Company harmless from any claims arising therefrom.

11. Compliance with Child Protection Laws

11.1:

You agree to comply with all applicable laws and regulations relating to the protection, safety, and welfare of children. You shall ensure that the background records of all employees, staff, instructors, and representatives involved in delivering Activities are properly vetted, qualified, and trained in accordance with applicable legal requirements.

11.2:

The Company reserves the right, to the extent permitted by applicable law, to conduct or request background checks, verifications, or investigations in relation to the Activity Provider, its personnel, or facilities, particularly in cases involving suspected risk, harm, or complaints relating to children. Such right may be exercised where the Company receives a complaint, report, or otherwise has reason to suspect any unlawful, unsafe, or harmful conduct. The Company further reserves the right to report any such matter to the relevant governmental or law enforcement authorities. You acknowledge and agree that the Company is not obligated to conduct such checks and shall not be deemed responsible or liable for any failure to identify or prevent any misconduct. The Company acts solely as an intermediary, and all responsibility for safety and compliance rests with the Activity Provider.

11.3:

You shall also ensure that all instructors, employees, staff, representatives, and any other personnel who interact with children in connection with the Activities have undergone appropriate background verification checks, hold valid identification and work authorisation, and are legally permitted to work in accordance with applicable laws and regulations of the State of Qatar. You further warrant that such personnel are suitable, qualified, and fit to work with children.

11.4:

You shall immediately notify the Company, parents or legal guardian, and relevant authorities in writing of any accident, injury, safety concern, allegation of misconduct, safeguarding issue, or any other incident involving a child occurring during or in connection with any Activity booked through the Platform. You shall cooperate fully with the Company in relation to any investigation, inquiry, or follow-up action arising from such incident.

11.5:

The Company reserves the right to immediately suspend or delist any Activity Provider where there are reasonable concerns regarding the safety or welfare of children.

12. Accuracy, Completeness and Timeliness of Information

12.1:

The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform or provided to the Company by any Customer or Activity Provider. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You agree that the Company does not owe any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by Customers. Any reliance on the material on the Platform is at Your own risk, and You agree not to claim any liability, loss or damages from the Company as a result of Your reliance on any material, information or content that is available on the Platform.

12.2:

The Platform may provide limited basic insights, summaries, statistics, or informational outputs derived solely from data entered into the system by users and/or generated through ordinary Platform activity, including booking activity. Such outputs are automatically generated through basic system processing and do not constitute artificial intelligence outputs, predictive analytics, professional analysis, advisory services, or decision-making recommendations. The Platform does not independently verify, audit, amend, interpret, validate, or guarantee the completeness, accuracy, reliability, or suitability of any such information. Such information is provided strictly for general informational and convenience purposes only, and users shall not rely upon it for financial, commercial, operational, strategic, investment, legal, tax, or business decision-making purposes. Any reliance on such insights, summaries, statistics, or informational outputs shall be entirely at the user's own risk, and the Platform disclaims any and all liability arising directly or indirectly from the use of or reliance upon such information.

12.3:

The Company reserves the right to modify the contents of the Platform at any time but has no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.

12.4:

The Activity Provider acknowledges and agrees that the Company may create, use, reproduce, and publish promotional or marketing content featuring the Activity Provider's centre, activities, personnel, participants, children, and users on the Company's Platform, website, and social media channels, using content made publicly available by the Activity Provider through its social media accounts or any other public channels. Where any children, participants, users, parents or guardian appear in such content, the Activity Provider represents and warrants that it has obtained all necessary consents, permissions, and authorisations, including parental or legal guardian consent where applicable, and shall remain solely responsible for the validity, adequacy, and accuracy of such consents.

13. No Permanent Storage Obligation

13.1:

You acknowledge and agree that the Platform is not intended to function as a permanent storage, record-keeping, or accounting system. The Company does not guarantee the continued availability, retention, or accessibility of any data, including but not limited to invoices, transaction records, booking history, or financial information. Notwithstanding the foregoing, the Company may retain Your data for such periods as required to comply with any applicable legal or regulatory retention obligations.

13.2:

Any invoicing, billing, or financial tools made available through the mini dashboard of the Platform are provided solely for convenience. The Company does not warrant or represent that such tools comply with applicable tax, accounting, or regulatory requirements in the State of Qatar.

14. Disclaimers of Warranties and Limitation of Liability

14.1:

To the maximum extent permitted by law, the Platform and Services are provided on an "as is" and "as available" basis, without warranties of any kind. The Company expressly disclaims all warranties, whether express or implied with respect to the records and other data that is made available by it to You.

14.2:

The Company does not represent any Customer and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Customers. You acknowledge that the Company merely facilitates introductions between Activity Providers and Customers and is not a guarantor of the Customer's qualifications, financial capacity, behaviour, or performance of any obligations owed by such Customer to You.

14.3:

The Company shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, any financial losses, bodily injury or hurt, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or engagement with any Customer, or any cancellation, failure, default or dispute arising between You and the Customer, or for any other claim related in any way to the use of the Platform. Any grievance or dispute in relation to any engagement with any Customer must be taken up and resolved directly by You with such Customer.

14.4:

It shall at all times be Your responsibility to remain vigilant and ensure the authenticity of any callers claiming to be from the Company and to seek information from You, and to ensure that any payment links shared with You have been sent by the Company/its authorised representatives, and that such payment links are legitimate. The Company shall not be liable for any fraudulent calls made by unknown persons to You or for any losses, damages, costs, or expenses that You may incur in connection with any phishing/spearphishing activity, URL spoofing or other forms of cybercrime, even if the contact number or link is mirrored or depicted in a manner as to confuse You as to its authenticity.

14.5:

The Activity Provider warrants that it shall not make, publish, or authorise any public statement, advertisement, communication, or representation that is false, misleading, or reasonably likely to damage the goodwill, brand, or reputation of the Company or the Platform. The Activity Provider shall further refrain from any conduct, whether on or off the Platform, that may bring the Company into disrepute or negatively affect its standing with Customers, regulators, or the public.

14.6:

You warrant that You own or have valid rights and licenses to use any curriculum, teaching materials, or branded programs offered through the Platform, and that such use does not infringe any third-party rights.

14.7:

In any event, the Company's total aggregate liability arising out of or in connection with these Terms and Conditions shall not exceed the total Subscription Fee (if any) received by the Company from the relevant Activity Provider in the one (1) month preceding the event giving rise to the claim.

14.8:

The mini dashboard is provided as an administrative tool for convenience on an "as-available" basis. The Company does not guarantee its uninterrupted availability, accuracy, or functionality. Any temporary technical failure, delay, or inaccessibility of the mini dashboard shall not relieve the Activity Provider from its obligation to honor and fulfill any booking of which it has otherwise been notified through the Platform or any alternative communication channel.

15. Data Privacy

15.1:

You agree, undertake, and confirm that by accessing or using the Platform, You may be required to submit certain personal, business, contact, and transactional information, including but not limited to Your name, address, contact details, payment information, preferences relating to the Activities offered, and digital content or materials including, where applicable, children's data and photographs ("Personal Data"). You consent to the collection, storage, use, processing, disclosure, and transfer of such Personal Data by the Company in accordance with the provisions of these Terms and Conditions and applicable data protection laws, including the Qatar Personal Data Privacy Protection Law (Law No. 13 of 2016).

15.2 Purposes of Data Processing:

You acknowledge and agree that the Company collects, stores, and processes Your Personal Data for the following purposes: enabling Your registration (through a unique account) and use of the Platform, and availing of Services; assessing and matching Your Activities with the interests and location of relevant Customers; keeping on record contact information for You so that we can contact You to discuss the available, relevant Activities; facilitating communication between You and the relevant Customers; processing bookings, payments, refunds, or cancellations; improving the functionality, security, and performance of the Platform; complying with applicable legal or regulatory obligations; and editing photos where necessary to show on the platform for parents. Where Your consent is necessary for any of these purposes, You hereby expressly provide us Your informed, unequivocal consent in this regard.

15.3:

You expressly consent to the Company disclosing or transferring Your Personal Data to the Customers, payment gateways, and other third parties, solely to the extent necessary to facilitate the booking, performance, and administration of Activities and availing of Services through the Platform.

15.4:

The Company shall implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Your Personal Data against unauthorized access, loss, misuse, alteration, or disclosure. Notwithstanding the foregoing, You acknowledge that no electronic transmission or storage system is entirely secure, and that the Company does not guarantee absolute security of such information.

15.5:

You agree and acknowledge that the Company shall retain Your Personal Data only for such period as may be reasonably necessary to fulfil the purposes for which it was collected, or as required under applicable law. Upon expiry of such period, or upon Your written request, the Company shall delete such data, subject to any legal retention obligations.

15.6:

You undertake to maintain the confidentiality of any non-public information or Personal Data received by You from the Company or accessed through the Platform, including details of the Customers (including their children), and any proprietary or confidential material of the Company. You shall not disclose or use such information for any purpose other than to provide the Activities. In particular, You shall not retain or store any Personal Data of Customers or their children beyond such period of time as is necessary to provide the Activities to them. In no event shall You contact any Customers or their children with marketing communications of any form, during or after conclusion of any Activity.

15.7:

You acknowledge and agree that the Company may use anonymized and aggregated data derived from Your usage of the Platform for statistical, analytical, research, or service improvement purposes, provided that such data does not personally identify You.

15.8:

You further agree that the Company may disclose Your Personal Data and financial information including bank details, to its employees, agents, legal advisors, auditors, and other authorized representatives, on a need to know basis for legitimate business, legal, audit or operational purposes. The Company may also disclose such information when required to do so by law, regulation, or any governmental or judicial authority, or where such disclosure is necessary to protect the rights, property, or safety of the Company, its affiliates, Customers or other users of the Platform, or for the purpose of pursuing, defending, enforcing any legal claims or rights available to the Company or the Customers.

15.9:

You expressly consent to receive transactional and service-related communications from the Company, including but not limited to SMS, WhatsApp messages, push notifications, emails, and automated alerts, for bookings, updates, reminders, and other essential service communications. You acknowledge that such communications are necessary for the effective provision of the Services.

15.10:

You shall not collect, extract, copy, store, or use any Customer contact details or personal data or information obtained through the Platform for any purpose other than fulfilling the booked Activity. In particular, You shall not add Customers to external marketing databases, mailing lists, or messaging groups (including WhatsApp or similar platforms), or use such data for unsolicited communications. Any breach of this clause shall constitute a material breach of the Terms and Conditions, and without prejudice to any other rights or remedies available to the Company, You shall be liable for all losses, damages, claims, costs, and expenses arising from such breach, including any regulatory penalties, third-party claims, or reputational harm suffered by the Company. The Company shall further have the right, at its sole discretion, to suspend or terminate Your account with immediate effect.

15.11:

You shall not disclose, share, sell, or otherwise use any information obtained through the Platform, including Customer data, analytics, or business insights, except as strictly required to perform the Activities.

16. Availability of Services

16.1:

The Company reserves the right to change, suspend or discontinue any of its Services by sending an email to Activity Providers. You acknowledge that the Company's role is limited to facilitating introductions, communications, and transactions between Activity Providers and Customers, and the Company does not control, manage, or guarantee the timing, frequency, or demand for any Activities, nor does it assure the availability of Customers at any specific time or date.

16.2:

In the event of change or suspension or discontinuation in any of its Services, the Company is under no obligation whatsoever to store Your data or provide You with a copy of any information that You have provided to the Company or posted on the Platform, except to the extent required by applicable laws or as provided under the Company's policies.

17. Third Party Links

17.1:

Certain content, advertisements or products available via the Platform, or communicated to You through the Company's advisors, may include materials from third parties.

17.2:

Third-party links on the Platform may direct You to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

17.3:

The Company is not liable for any harm or damages related to the engagement in any Activity, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding any third-party should be directed to such third-party.

18. Intellectual Property

18.1:

The Company is either the owner of intellectual property rights or has a right to exercise the intellectual property associated with the Platform and with the material published by the Company, including such intellectual property as is owned or licensed to any third party.

18.2:

You must not use any part of the materials on the Platform (other than those materials contributed by You) for commercial purposes without obtaining a licence to do so from the Company.

18.3:

The Company may, for the purpose of facilitating the listing, promotion, and booking of Activities through the Platform, host or otherwise use information, media, or content provided or made available by You, including but not limited to trademarks, logos, images, descriptions, and other materials relating to the Activities (collectively, the "Activity Provider's IP"). In this regard, You hereby grant to the Company a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, and communicate the Activity Provider's IP solely in connection with the operation of the Platform, and for the marketing, promotion, and facilitation of bookings of the Activities.

18.4:

You represent and warrant that You have all necessary rights, licenses, and authorisations to grant the license specified under Clause 18.3 above, and that the Company's use of the Activity Provider's IP in accordance with this Clause shall not infringe the intellectual property rights or other proprietary rights of any third party.

18.5:

You shall not use the name "Nashaty", or any similar name, trademark, logo, brand, or identifier of the Company, including fonts and colours, in the title, description, or naming of any Activity, program, or service in a manner that suggests or implies endorsement, affiliation, sponsorship, certification, or official association with the Company, including the terms such as "official", "certified", "approved", or similar designations, unless expressly authorised in writing by the Company under a separate agreement. Any unauthorised use shall constitute a material breach of these Terms and Conditions and may result in immediate suspension or termination of Your account, without prejudice to any other rights or remedies available to the Company.

18.6:

The Company reserves the right, at its sole discretion, to select and feature any Activity Provider, Activity, or facility for the purpose of filming, photography, interviews, or other promotional content, whether or not such feature is included within the Activity Provider's subscription plan. Such selection shall be based solely on the Company's internal criteria, branding strategy, and content objectives. Nothing in these Terms and Conditions shall be construed as granting any Activity Provider a right or entitlement to be featured or promoted by the Company.

18.7:

If the Company decided to feature the Activity Provider as per clause 18.6, the concerned Activity Provider shall be responsible for the data included in the photographs and videos taken, including ensuring that all consents are obtained from the parents or guardians of any children featured in the photographs and videos.

18.8:

Any feedback, suggestions, ideas, or recommendations provided by You regarding the Platform or Services shall be deemed non-confidential and shall become the sole and exclusive property of the Company. The Company shall be free to use, implement, and commercialise such feedback without any restriction or obligation, including without compensation to You.

19. Insurance

19.1:

You shall maintain, at Your own cost, valid and adequate insurance coverage, including public liability insurance and any other insurance required under applicable law, covering the Activities, Your operations, employees, staff, agents, instructors, Customers and all participants. Such insurance shall remain in full force and effect throughout the term of these Terms and Conditions. Upon request, You shall provide proof of such insurance to the Company. Failure to maintain required insurance, or failure to provide proof when requested, shall constitute grounds for suspension or termination of Your access to Platform.

19.2:

Your maintenance of insurance, or the Company's acceptance or approval of any insurer, insurance policy, or terms of insurance maintained by You, shall not relieve or limit Your obligations, responsibilities, or liabilities under these Terms and Conditions or applicable law.

20. Assumption of Risk

20.1:

The Activity Provider acknowledges that participation in certain Activities may involve inherent risks. The Activity Provider shall ensure that appropriate safety measures, qualified supervision, and clear risk disclosures are provided to Customers and participants prior to participation in any Activity, and shall comply with all applicable safety laws, regulations, and industry standards.

21. Indemnification

21.1:

You agree to fully indemnify, defend and hold harmless the Company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Customers, subcontractors, suppliers, interns and employees, volunteers, and guests in events from any claim or demand, including claims arising from injury, death, negligence, breach of law, violation of child protection obligations, as well as reasonable attorneys' fees, made by any third-party due to or arising out of a breach of the Terms and Conditions or the documents they incorporate by reference, or violation of any law or the rights of a third-party.

22. Force Majeure

22.1:

In the event of any emergency, including but not limited to natural disasters, pandemics, epidemics, public health emergencies, governmental actions, war, civil unrest, governmental restrictions, public safety directives, labor disputes, power failures, internet outages, cyberattacks, or any force majeure event requiring suspension of Activities, the Company shall not be liable to provide any refunds, compensation, insurance coverage, or remedies of any kind. You shall remain solely responsible for handling Customer cancellations and refunds in accordance with Your stated policies. In such circumstances, if You elect to suspend or terminate Your subscription, the standard subscription and termination terms shall apply. The Company may, at its sole discretion and on a case-by-case basis, consider temporary suspension or freezing of subscriptions, without any obligation to do so.

23. Non-Circumvention

You agree that You shall not, directly or indirectly, circumvent, bypass, or attempt to circumvent or bypass the Platform in order to avoid payment of the applicable Commission or any other fees due to the Company. Without limiting the foregoing, You shall not solicit, encourage, or accept any booking, payment, or engagement outside the Platform from any Customer introduced to You through the Platform. Any breach of this Clause shall constitute a material breach of these Terms and Conditions and shall entitle the Company to immediately suspend or terminate Your access to the Platform, without prejudice to any other rights or remedies available to the Company under these Terms and Conditions or applicable law.

24. Assignment

24.1:

The Company may, at its sole discretion, assign, transfer, novate, or otherwise deal with any of its rights and obligations under these Terms and Conditions to any affiliate, successor, or acquirer without prior notice.

24.2:

You may not assign, transfer, delegate or otherwise dispose of any of Your rights or obligations under these Terms and Conditions, whether in whole or in part, without the prior written consent of the Company.

25. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

26. Entire Agreement

The Activity Provider Onboarding Agreement and these Terms and Conditions constitute the entire agreement between You and the Company with respect to the Services and supersede all prior communications, representations, or agreements, whether oral or written.

27. Independent Contractors

Nothing herein contained shall constitute or be deemed to constitute a relationship of agency, partnership, joint venture or employment between You and the Company.

28. Suspension

The Company may, at its sole discretion and without prior notice, suspend Your account and access to the Platform pending investigation of any complaint, regulatory inquiry, safety concern, allegation of misconduct, or suspected breach of these Terms and Conditions. During such suspension, the Company may withhold payments, cancel upcoming bookings, and take such interim measures as it deems reasonably necessary to protect Customers, children, the integrity of the Platform, or the Company's reputation.

29. Termination

If in the Company's sole judgment You have failed, or the Company suspects that You have failed, to comply with any term or provision of these Terms and Conditions, the Company may terminate Your access to the Platform, or cease the provision of the Services at any time upon thirty (30) days written notice to the Activity Provider, except in cases of immediate termination stated under these Terms and Conditions. Such termination shall be without prejudice to any other rights or remedies available to the Company, and You will remain liable for all breaches and amounts due up to and including the date of termination.

30. Survival

The clauses relating to payment obligations, indemnity, intellectual property, confidentiality, limitation of liability, data privacy, non-circumvention, and governing law are intended to survive termination and shall continue in full force and effect notwithstanding termination of these Terms and Conditions.

31. Waiver

The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision by the Company.

32. Governing Law and Dispute Resolution

32.1:

The Terms and Conditions are governed by the laws of the State of Qatar.

32.2:

Any dispute arising out of or in connection with these Terms and Conditions shall first be resolved by the parties through good faith negotiations within thirty (30) days from the date one Party notifies the other of the dispute by email. During this period, no Party shall initiate any formal legal proceedings unless the circumstances require otherwise.

32.3:

If the dispute is not resolved within the said thirty (30) day period, any action, suit, or proceeding arising out of or relating to these Terms and Conditions or the Platform shall be subject to the exclusive jurisdiction of the competent courts of the State of Qatar.

33. Contact Information

Contact Person

Reem Al-Ansari

Address

Building 12, Zone 60, Street 950,
Digital Incubation Center,
Ministry of Communication and Information Technology Building,
5th Floor, Qatar

Phone

70214660