Preamble

The First Party operates in the field of electronic marketing for childcare centers and nurseries through its online platform (Daycare), which includes a collection of centers and nurseries. This platform allows parents or guardians to explore various centers to select the most suitable option for their children. The First Party also provides services that facilitate the contracting process between parents and these centers.

Accordingly, the Second Party has expressed the desire to contract with the First Party to apply to one of the centers listed on the platform. This offer has been accepted by the First Party, and both parties, being fully legally competent, have agreed to the following terms:

1. Preamble

This preamble is considered an integral part of this contract and a binding clause within it.

2. Definitions

Wherever mentioned in this contract or on the platform, the following terms shall mean:

* Center (Nursery): The childcare service provider that offers its services through the platform.

* Platform: (Daycare), an IT service provided by the First Party to facilitate interaction between clients and centers.

* Client (Second Party): The parent or guardian who registers on the platform to benefit from childcare services.

* Dependent: The child(ren) registered by the client to benefit from the services provided by the center.

3. Responsibility for Content and Advertisements

All specifications, activities, and features presented by the centers or nurseries on the platform are the sole responsibility of those centers. The First Party holds no legal responsibility for the accuracy or quality of such content.

4. Communication with Centers

The First Party shall provide the Second Party with the ability to communicate directly with the center and its staff, allowing the Second Party to review the activities and services offered by the center.

5. Contract Duration

The duration of this contract begins from the date the center approves the Second Party’s application through the platform and continues based on the agreement between the Second Party and the center.

6. Payments and Financial Obligations

* The Second Party is required to pay all fees and subscriptions related to the center through the platform in accordance with the specified deadlines.

* All service requests must be submitted through the platform to ensure proper documentation of transactions.

* Any delay in payment will be considered a breach of this contract, granting the First Party or the center the right to take necessary legal actions.

7. Service Fees

* The First Party is entitled to charge service fees for using the platform.

* Service fees are variable and depend on factors such as the type of service, selected center, and subscription plan.

* The exact service fees will be clearly displayed to the Second Party before confirming any payment.

* Service fees are non-refundable once the payment is processed, even if the booking is canceled by the center.

* The First Party reserves the right to modify service fees with prior notice to users.

8. Refund Policy

The Second Party is entitled to request a refund in the following cases:

1. If the center fails to provide the service due to circumstances related to the center or if the booking is canceled before the service period begins.

2. In the event of overcharged fees or technical payment errors, provided proper evidence is submitted.

3. If the center breaches the agreed-upon terms and conditions.

Note:

* The First Party is not obligated to refund any service fees collected as an intermediary, even if the center refunds the booking fees.

* Approved refunds will be processed to the original payment method within 14 business days.

* The First Party is not responsible for any breach of obligations by the center or the quality of services provided, as its role is limited to acting as a technical intermediary between the Second Party and the center.

* The First Party is not liable for any damages arising from the use of the platform due to force majeure events or circumstances beyond its control.

* The Second Party is obligated to provide accurate and complete information when registering on the platform, including (profile photo, name, date of birth, nationality, and health status).

* The Second Party assumes full responsibility for the accuracy of this information and any damages resulting from providing inaccurate data.

Submitting an application through the platform does not constitute automatic acceptance by the center. The contract becomes effective only upon formal approval from the center.

* The First Party reserves the right to terminate this contract immediately without prior notice if the Second Party breaches any of the contract’s terms.

* The Second Party may terminate the contract with the center in accordance with the center’s cancellation policy, provided all outstanding financial obligations are settled.

* The center has the right to terminate the contract if the dependent exhibits disruptive behavior that negatively affects other children or if the dependent has a contagious illness that cannot be managed by the center’s staff.

* The Second Party must disclose any health conditions that may affect the dependent’s care at the center.

The First Party is committed to notifying users of any service interruptions or technical updates that may affect platform usage and providing the necessary technical support to address issues.
 

The platform is committed to protecting users data in accordance with the Personal Data Protection Law of Saudi Arabia. No personal data shall be shared with third parties without the explicit consent of the Second Party, except as required by law.

All intellectual property rights related to the platform and its applications are the exclusive property of the First Party. The Second Party is not allowed to copy, modify, or distribute any part of the platform without prior written consent from the First Party.

The Second Party is not allowed to post offensive or inappropriate comments on the platform. The First Party reserves the right to delete any comments that violate usage policies.

The First Party reserves the right to modify these terms and conditions at any time. Users will be notified of any significant changes, and continued use of the platform after updates constitutes explicit acceptance of the revised terms.

The First Party shall not be held liable for delays or failures to fulfill any obligations under this contract due to events beyond its control, such as natural disasters, health crises, or general technical outages.

All disputes related to this contract shall be subject to the jurisdiction of the competent courts in the Kingdom of Saudi Arabia.

This contract shall be deemed valid and binding upon both parties once agreed to electronically or in writing. This agreement shall be considered as a legally binding signature.

* Registration on the Daycare platform and the use of any of its services constitutes explicit and final acceptance of all the terms and conditions outlined in this contract.

* This acceptance is considered a legally binding electronic signature.

* If the Second Party does not agree to any of these terms, they must refrain from using the platform.