TERMS & CONDITIONS OF USE

BADAKO.COM (THE “WEBSITE”) IS AN INTERACTIVE ONLINE PLATFORM.PLEASE READ THE FOLLOWING TERMS & CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE. THE WEBSITE PROVIDES DEALS OR SERVICES (“DEALS”) FOR SALE BY EITHER BADAKO OR THIRD PARTY PARTNERS (“PARTNERS”) TO THE REGISTERED MEMBERS (“CUSTOMERS”) OF THE WEBSITE LOCATED AT BADAKO.COM. A REFERENCE TO A DEAL INCLUDES A REDEMPTION OFFER, THAT IS BADAKO-VOUCHER OFFER.

BY ACCESSING OR USING THE WEBSITE, CUSTOMERS AGREE TO BE BOUND BY AND ACCEPT WITHOUT LIMITATION OR QUALIFICATION THE FOLLOWING TERMS & CONDITIONS.

1. BADAKO-VOUCHER REDEMPTION:

BADAKO.com is engaged by the businesses displayed on its Website to promote their services. This agency agreement means we collect money from customers / Customers on the business behalf, distribute BADAKO-VOUCHER(s) for goods and services to be provided by these businesses. The nominated supplier not BADAKO.com is the seller of the product or service and is solely responsible for honoring any BADAKO.com BADAKO-VOUCHER you purchase. BADAKO.com makes no warranty about the standard or quality of any product or service and bases its promotional material on information provided by the business and its affiliates. Please be careful with your BADAKO-VOUCHER(s) and the codes displayed on them. Anyone you provide these codes to can redeem your BADAKO-VOUCHER and once redeemed cannot be used again. If you provide these codes to a business at the time of reservation and don’t honor that reservation time, the business may at its discretion consider the BADAKO-VOUCHER redeemed. So please make sure you honor all reservation times with the business.

2. CASH ON DELIVERY (COD):

Selecting Cash on Delivery (COD) as a payment method constitutes a binding order on BADAKO.com. Delivery is conducted in Dubai and Abu Dhabi by an external partner. A standard delivery charge is applied dependent on location. The current delivery charges are 15 AED. This is added to the total amount payable and is collected at the time of BADAKO-VOUCHER delivery. - See more at: www.BADAKO.com

3. CUSTOMER REPRESENTATIONS:

Customers represent and warrant that: (a) they are at least 18 years of age; (b) they possess the legal right and ability to enter into a legally binding agreement with BADAKO with respect to any DEAL purchased on the Website; and (c) will use the Website in accordance with these Terms & Conditions.

4. CUSTOMER’S AGREEMENT:

Customers agree: (a) this Agreement is formed between BADAKO and the Customer; (b)not to use the Website if the Customer does not agree with any Terms & Conditions of this Agreement; (c) to maintain all equipment required for their access to and use of the Website; (d) to maintain the security of their Customer identification, password and other confidential information relating to their BADAKO account (“Account”); (e) to be responsible for all consequences resulting from use of their Account, use of their Account by others (including minors) or unauthorized use; (e) to notify BADAKO immediately if Customers become aware of any unauthorized use of their Account; and (f) that each Customer name and password must be used by a single Customer and are not transferable.

5. CUSTOMER REGISTRATION:

In order for Customers to be able to access the Deals offered by BADAKO on the Website, Customers must register by completing their registration details in the manner described on the Website. BADAKO reserves the right to terminate a Customer’s membership at any time if that Customer breaches these Terms & Conditions. Customers must ensure that their registration details are true and accurate at all times. Specifically, Customers must notify BADAKO of any change to their registration details. Upon registration, Customers must nominate a Customer name and password.

6. RESTRICTIONS ON USE:

Customers agree to use the Website solely for their own personal and non-commercial use. Further, Customers agree not to (a) interrupt or attempt to interrupt the operation of the Website in any way, or use the Website in a manner that adversely affects the availability of its resources to other Customers; (b) use the Website for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the Website.

7. MODIFICATIONS:

BADAKO reserves the right to modify these Terms & Conditions from time to time. Such modifications will be effective immediately upon publication on this Website. Continued use of the Website, or any of the materials contained on the Website, following such publication will be deemed a Customer’s conclusive acceptance of the modified Terms & Conditions.

8. EMAIL POLICY:

It is assumed upon signing up that Customers agree to receive emails from BADAKO for the confirmation and registration of DEALS and for receiving information on offers (including via the BADAKO newsletter). Emails are essential for confirmation and reservations will not be sent unless Customers consent to receiving such email.

9. SECURITY SSL:

This Web Website is secured with a SSL as well as secure payment gateway. Transactions on the Website are protected with up to 256-bit Secure Sockets Layer encryption. If you have any questions regarding our security policy, please contact our customer support center on support@badako.com

10. LINKS TO THIRD PARTY WEBSITES:

The Website may contain links to third party Websites. BADAKO does not endorse nor support the contents of third party Websites. BADAKO recommends Customers to review the terms & conditions and privacy policy of the third party Websites Customers visit.

11. APPLICABLE LAW:

In case of any disputes UAE law will apply.

12. DEALS:

(a) Information about the DEALS on the Website is based on material furnished by suppliers, DEAL manufacturers and/or Partners. Customers understand and agree that except as required by law BADAKO cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to BADAKO or a change in DEAL specifications without notice to BADAKO.

(b) Customers agree to make their own enquiries to assess information provided and suitability of the DEALS before an order is placed.

(c) DEAL images on the Website are for illustration purposes only and the actual DEALS may vary.

(d) All DEALS offered on the Website are subject to these Terms & Conditions of Use and also to terms, conditions, rules and/or limitations (“Specific Terms”). BADAKO will use its reasonable endeavor to include the Specific Terms on the Website (including in relation to DEALS supplied by Partners). To the extent there is any inconsistency between these Terms & Conditions of Use and the Specific Terms, the Specific Terms will prevail. Customers acknowledge that by placing an order they agree they are responsible to inform themselves of the Specific Terms and to be legally bound by the Specific Terms of the DEAL.

(e) BADAKO reserves the right to change, suspend or remove any DEAL offer or other information from the Website at any time.

(f) BADAKO reserves the right to advise Customers that DEALS for which an order was made have become unavailable.

13. BADAKO-PARTNERS:

(a) BADAKO, through the Website, also markets DEALS (including BADAKO-VOUCHER) on behalf of Partners. In that instance, the Partner, as the provider of the DEALS, shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of the Customer, caused in whole or in part by the Partner or its good(s) or service(s).

(b) All DEALS supplied by Partners are subject to availability. BADAKO cannot guarantee that deals/services will be available to Customers at their preferred date and time.

(c) Customers agree to be legally bound to the Partner terms, conditions, rules and/or limitations.

(d) Customers agree that the Partner may cancel or postpone any service booking made. Where a cancellation is made by the Customer, the Partner may charge a cancellation fee.

14. BADAKO-VOUCHER:

(a) Once the Customer has placed an order for a BADAKO-VOUCHER, the Customer will receive confirmation of their order by email or SMS or via their account and their credit card will be charged for the purchase price of the BADAKO-VOUCHER.

(b) A BADAKO-VOUCHER will only be provided upon full payment for that BADAKO-VOUCHER.

(c) A BADAKO-VOUCHER can be a physical or electronic BADAKO-VOUCHER or other such ticket or information which may be used for redemption, whether delivered by email or otherwise.

(d) The Partner, not BADAKO, is the provider of the service(s) associated with the BADAKO-VOUCHER the Partner is solely responsible for honoring the offer.

(e) BADAKO is not liable or responsible for any loss suffered as a result of a BADAKO-VOUCHER not being received due to an email being blocked by a firewall or spam filter operating on the Customer’s computer or where the incorrect address (including email address) was furnished.

(f) BADAKO and/or the Partner are not liable for lost, damaged or stolen BADAKO-VOUCHER.

(g) A BADAKO-VOUCHER cannot be sold or redeemed for cash or traded.

(h) All BADAKO-VOUCHER(s) are deemed void after the expiration date that was provided on the Website in relation to the offer and will not be honored by BADAKO or the Partner. Expired BADAKO-VOUCHER(s) are non-refundable in whole or in part.

15. PRICING & PAYMENT:

 (a) all prices of DEALS are in UAE Dirhams and include GST where applicable; (b) all prices listed on the Website exclude delivery costs. Delivery costs, if applicable, will be charged separately on an order; (c) all prices displayed on the Website are subject to change without notice; and (d) all payments will be processed upon the completion of the Customer’s order and must be received in full prior to dispatch of DEALS or provision of BADAKO-VOUCHER(s) .

16. BUY A DEAL:

(a) For the avoidance of doubt, the promotion and/or publication of DEALS on the Website or within any email correspondence that Customers receive from BADAKO does not constitute an offer from BADAKO to sell to Customers the DEALS. The promotion and/or publication of DEALS on the Website or within any email correspondence that Customers receive from BADAKO are an invitation to treat only.

(b) By “BUY A DEAL” on the Website, Customers are making an offer and commitment to purchase a DEAL and otherwise on the terms and conditions set out in these Terms & Conditions of Use.

(c) BADAKO reserves the right to accept or reject an offer to purchase a DEAL for any reason (or no reason) at any time prior to the dispatch of the DEALS. In the event BADAKO cancels an order to purchase a DEAL or is unable to fulfill the order, BADAKO will refund the payment received for that order by way of charge-back to the Customer’s credit card. To the maximum extent permitted by law, BADAKO will not be liable to Customers for any other loss, such as any additional costs associated with the Customer purchasing the DEAL from another retailer at a higher price.

(d) Once the Customer has made an order to purchase a DEAL on the Website, the Customer cannot cancel or change that order.

17. LIMITATION OF LIABILITY:

(a) To the maximum extent permitted by law (including the UAE Consumer Law), BADAKO does not give any guarantee or warranty or make any representation of any kind relating to the Website, its contents and the DEALS advertised on the Website to Customers or anyone else.

(b) To the maximum extent permitted by law (including the UAE Consumer Law), BADAKO excludes all liability to Customers or anyone else for loss or damage of any kind (including consequential loss) relating but not limited to disruptions to the Website; errors/mistakes/inaccuracies on the Website; unauthorized access of BADAKO secure servers and/or personal information and/or payment details; and damage to any computer system due to the use of the Website.

(c) BADAKO liability will be limited to claims that cannot be excluded or restricted under any law (including UAE Consumer Law).

18. USE OF THE WEBSITE OUTSIDE UAE:

BADAKO does not represent that the contents of the Website are appropriate or available for use in countries outside UAE. If Customers choose to access the Website from outside UAE, Customers are responsible for compliance with foreign and local laws.

19. PRIVACY:

Where personal information is provided to BADAKO, the Privacy Policy of BADAKO will govern how BADAKO uses or discloses that information. The Privacy Policy of BADAKO can be found here 3 http://www.BADAKO.COM/privacypolicy.

20. INTELLECTUAL PROPERTY:

(a) Unless expressly authorized under this Agreement or otherwise, Customers cannot reproduce, adapt, modify, display, perform, distribute, decompile, disassemble or reverse engineer any material (or part thereof) from the Website (including logos, trademarks, brand features and source code) that is the intellectual property of BADAKO or intellectual property that BADAKO has permission to use.

(b) Customers automatically grant BADAKO an irrevocable and royalty free global license to use, copy, display or distribute the content of any correspondence or communication from Customers. This may include public display of testimonials on the Website or using ideas or suggestions provided by Customers to improve DEALS/Services BADAKO offer.

21. MISCELLANEOUS:

(a) This Agreement and any operating rules for BADAKO established by BADAKO constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

(b) BADAKO headquarters are in Silicon Oasis Free-zone, Dubai, UAE. Legal issues arising out of, but not exclusive to the use of, this Website or any related Websites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Victoria (exclusive of its rules regarding conflicts of laws). By using this Website, Customers agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Website or any MicroWebsite, shall be finally settled by arbitration in Victoria.

(c) No BADAKO employee or agent has the authority to vary any of the Terms & Conditions of this Agreement.

(d) Customers agree and acknowledge that, in the event that there is a change in control in, merger with or sale of BADAKO or its business to a third party, BADAKO can disclose personal information or data collected from Customers to the third party without giving any notice to Customers. BADAKO is also entitled to assign the benefits of any agreements it has with Customers to the third party.

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