Welcome to the CADO gifting platform. Please read these terms (“Terms“) carefully, as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
CADO is online technology platform that enables users of www.cadogifting.com or mobile application (“Platform”) to view, select, purchase luxury or premium gifts and experiences and order delivery to recipients (“Services”) where such luxury or premium gifts and experiences (“Products”) are supplied or manufactured by a third party supplier.
The platform can be downloaded or accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces. The services are accessible through the internet, call center, SMS or email.
The Platform showcases Products for viewing and purchase. The Products are manufactured by third parties. We do not guarantee the quantity, availability or quality of the Products in any manner except for the description provided whilst purchasing the Products.
The term “you” “your” (or a similar reference) refers to you as the user of the Platform and the term “us” “our” “we” refers to the owner of the Platform being CADO APP GIFTING LLC (domiciled in the United Arab Emirates) and its affiliates, subsidiaries and related entities. It is important to note these Terms shall be deemed to apply to anyone viewing this Platform and not only those that are registered with us.
By using or viewing the Platform, you consent (without any limitation or qualification) to the Terms regardless of whether you have registered on the Platform or not. Please DO NOT USE the Platform if you do not agree to the Terms and disable or delete your Account (defined below).
The Platform does not deal with nor wishes to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national or regulatory authority. If you are one of such sanctioned individuals or entities, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals or entities, please DO NOT use the Platform. The Platform and us, do not and will NOT deal or provide any products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the laws of United Arab Emirates.
‘Registration’ on the Platform means and includes providing basic personal information such as name, contact details and private password to us for the purposes of completing purchase transactions through the Platform (“Registration”) and thereby creating an account on the Platform (“Account”). Registration is restricted to one user per Registration and is not transferable to any third party, unless authorised otherwise by us. Upon Registration you accept to receive emails from us for the receipt of information, advertisement, and details relevant to Registration and Products or to your use of the Platform. If you have any objection or reservation about receiving our communication, please email us at email@example.com however if you opt out of receiving emails, this may interfere with information relating to information of any of your orders or order updates. You may make purchases as a guest through the Platform.
We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Platform or not accept or decline Registration of a user account or to not accept or decline any requests whatsoever.
You can also register to use the Services by logging into your account with selected social networking sites (including but not limited to Facebook) (“Social Sites”). Please note that we do not control Social Sites. We merely offer linking mechanism to facilitate logging into or creating an Account through the Social Sites. As part of the functionality of the Platform or Services, you may link your Account with Social Sites by either providing your Social Sites’ login information to us through the Platform or Services OR allow us to access your login information as permitted under the applicable terms and conditions that govern your use of each account with Social Sites. In doing so, you represent that you are entitled to disclose your account login information in such Social Sites and or grant us access to your login information in such Social Sites, without your breach of terms of such Social Sites and without obligating us to pay any fees or subjecting us to any restrictions or limitations. By granting us access to any of your accounts in Social Sites, you understand and agree that we will access, make available and store (if applicable) any content that you have provided to and stored in your account on such Social Sites. You are aware and understand that if your account on a Social Site or associated service becomes unavailable or our access to such account on Social Site is terminated, your Account will also become unavailable to you. You have the ability at any time to disable to connection between your Account and your account on any Social Sites. You understand and agree that your relationship with the Social Sites is governed solely by your agreement(s) with such Social Sites. We make no effort to review any Social Sites content for any purposes, including but not limited to accuracy, legality or non-infringement and we are not responsible for content on any Social Sites.
Your Account will be created for your use of the Platform based on the personal information you provide us or that we obtain via your account on such Social Sites.
Please note that you may not have more than one (1) active Account in your name at any given time. You undertake to provide accurate, correct and complete information in order to create your Account. CADO reserves the right to suspend or terminate your Account and your access to the Platform if you create more than one Account in your name or if any information provided in your Account is false, inaccurate, incomplete or in violation of these Terms or applicable law.
NETWORK AND DEVICE ACCESS
You are responsible for obtaining the data network access necessary to use the Platform and you are responsible for all associated rates and charges. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform. CADO does not guarantee that the Platform will function on any particular network or device and the Platform may be subject to malfunctions and delays in the use of the internet and electronic communications.
YOUR REPRESENTATIONS AND WARRANTIES
When you use this Platform, you make the following representations and warranties to us:
- You shall use the Platform for legitimate transactions like viewing the Products or purchasing the Products.
- You are an individual of 18 years and older, are legally allowed to view and transact on the Platform (if and as required) or are a properly and validly licensed entity in accordance with applicable laws;
- You are aware the Platform may currently be accessed with certain restrictions depending on your location;
- You have provided valid, true and accurate information at the time of Registration;
- The Platform will be used for your own personal use only in accordance with the Terms;
- The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account;
- In accessing the Platform you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of the United Arab Emirates;
- You will not commercialise the Platform in any manner by attempting to benefit or profit from Products that are not yours or claiming ownership of or interest in the Platform (or any part of it);
- As a User purchasing products or services on Products, it is your responsibility to ensure you are certain and understand all aspects of any Products prior to making any purchase. As a business you are responsible to ensure you are qualified and able to provide whatever is set out in the Products;
- Downloads from the Platform are not permissible;
- We are not a producer, supplier, seller or reseller of any services or products offered through Products;
- We do not make any guarantees or representations about the quality, timeliness, safety or delivery of anything relating to the Platform and you agree that we are relieved and indemnified by you from any issues or claims between you or other users on the Platform;
- The accuracy of any Products you purchase through the Platform depends on you;
- You have no reservation or objection as User to us promoting the Platform or the Products by name and reference on digital, social or print media; and
- You shall not use the Platform to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane comments or material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law.
- You shall not use the Platform for any purpose that is unlawful or is prohibited by these Terms or applicable laws.
- You agree that you are responsible to know and fully be aware of the laws applicable to you and to this Platform.
If you choose to become a User on the Platform, you understand and agree that your relationship with us is limited to being a member only. You will not act or be a contractor, employee, agent, partner, joint venture partner or representative. As a User, you will act exclusively on your own behalf and will undertake the Services based on these Terms. You fully acknowledge, understand and agree that we do not control how and when you make your purchases, your offline activities, or any other matter related to the Platform or Products.
Once any purchase is made through the Platform, you agree that your purchase has been made in accordance with these Terms. The confirmation will be sent electronically to your email address. Purchases may only be cancelled in accordance with our Cancellation Policy. Please remember that all purchases are eventually subject to availability.
There may be occasions that suppliers run out of stock or the Products are not available for reasons beyond supplier’s control and in such case, we will refund you the portion of price for the unavailable Products. You will not be charged for Products that are unavailable.
Unless otherwise notified, our “acceptance of your order” occurs when you receive an email notifying you that we have dispatched the Products (as ordered by you) as we confirm on our communication. Acceptance will be deemed to have occurred at the sending of this communication, regardless of technical problems you may experience, which may result in you having not received that email in a timely manner or not having received it at all for the time period stipulated in our order, in which case you are advised to contact us at firstname.lastname@example.org
We may not accept your offer to purchase if (without limitation):
- A Product you have ordered is out of stock.
- We are unable to obtain authorization for your payment.
We reserve the right to reject any offer to purchase by you at any time, and at our sole discretion.
If you are not satisfied with any of the Products, then we welcome feedback through an email to email@example.com
We have no liability for any Products that you purchase and you are responsible for your purchases of the Products therefore do so, after your own careful review. In case any liability is established by a Court or adjudicating body in the United Arab Emirates in any matter against us, you expressly acknowledge and agree the maximum limit for any liability claim shall not in any event exceed the amount of the Products purchased by you in respect of the specific Products to which any liability relates.
Each of the Products may be subject to further, specific terms and conditions in each of their description and we advise that you carefully read the specific description of each of the Products before you purchase. You will be bound by these Terms and the specific terms of the Products, and if there is any inconsistency between the specific terms of purchase relating to the Products and these Terms, the specific terms of the Products will prevail.
Certain Product descriptions are created by third party merchants or suppliers that manufacture, create or supply Products. As a result, we do not warrant the Products’ descriptions are in any way accurate, complete, reliable, current or error free. If a Product offered on the Platform is not as described, your sole remedy is to return it in unused condition. You waive recourse to any other right or remedy in this respect.
PRICING AND PAYMENTS
Products prices may be visible on the Platform in AED (United Arab Emirate Dirhams), USD (United States Dollars) or EUR (Euros). Payment may also be made through the ‘e-wallet’ feature available on the Platform where more than one user may contribute towards payment of a single Product (“E-wallet”).
Product(s) prices are set at our sole discretion, using existing currency exchange rates. The rates are subject to variation and may go up or down; therefore, prices are subject to change if the applicable currency exchange rate changes before your order is accepted. All currency priced products will be honoured as advertised unless it is obviously incorrect.
Whilst every effort is made to make sure details of the Products on the Platform are accurate, if we discover an error in the pricing of a Product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Products, we shall refund the full amount. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.
The prices of the Products do not include any import duty and taxes and such charges will be additional.
The cardholder must retain a copy of transaction records and relevant merchant policies and rules.
You confirm that the payment method that is being used is yours or that you have been specifically authorised by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorisation by the card issuer.
If the issuer of your payment method refuses to authorise payment, we will not be liable for any delay or non-delivery.
With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making a purchase on the Platform that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card. In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.
All payment transactions on the Platform are processed using a secure online payment gateway that encrypts your details in a secure host environment.
To help ensure that your shopping experience is safe, simple and reliable, the Platform uses Secure Socket Layer (SSL) technology.
All care is taken, as it is in our power to do so, to keep the details of your order and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Platform.
– All orders are processed for delivery on order confirmation. Purchases made before 5pm will be processed within 24 to 48 hours of placing the purchase, during Sunday through Thursday (“Working Days”), and delivered within 1 to 2 Working Days and products ordered for delivery outside UAE, will be delivered and take approximately 2 to 5 Working Days to reach its destination depending on the courier partner’s delivery timelines.
Orders may be delivered by us or by our nominated courier partner and in the event that it is our courier partner please note that your delivery information will need to be shared with them. If you do not wish for this information to be shared, please notify us by writing to us so we can arrange special delivery for you in which case, there will be additional charges that will be advised to you.
– Orders are delivered using a third party courier (as selected by us). Delivery charges, if applicable will be added at checkout.
– Delivery time within the GCC is normally 1-2 Working Days.
– We retain legal ownership of the Products until full payment has been made and such payment has been received. Legal ownership of the Products will immediately revert to us, if payment is refunded to you.
– Risk on the Products will pass to you upon delivery.
Purchases for delivery locally within the UAE will have a fixed fee of AED 20 and purchases to be delivered outside UAE will be at a fixed fee of AED 50. We will provide free delivery for local purchases to be delivered within UAE above AED 500 in value, and outside UAE over AED 1000 in value.
Please note that we cannot ship to P.O. Box numbers as shipments require a signature upon delivery. Certain out of range remote areas not supported by the courier network may be shipped by alternative mail partners that may have different delivery timelines.
If a package is undeliverable, you will be held responsible for any return and original shipping charges. To prevent this from happening please look out for any delivery attempt notifications and use the ‘Track my order’ feature located in the confirmation email.
Please note we are not accountable for any purchases that have been marked as delivered nor where delivery attempts have been made, but delivery is unsuccessful.
Please note we cannot be held responsible for any shipping costs related to exchanges or for any loss of, or damages to Products during shipping.
RETURNS AND REFUNDS POLICY
As a general rule, all confirmed purchases are non-refundable. Please follow instructions on the returns or exchange form within the package delivered to you, if you would like to exchange or refund any products.
If you are not satisfied with your purchase, you may obtain a full refund or exchange (subject to availability) and the refund if approved will be processed within thirty (30) Working Days of our receipt of the Products in the same condition as dispatched to you with the liners intact, with no damages, marks, tears or disfiguration of any kind, with all labels and packaging intact. This does not affect your rights. Satisfaction is always a top priority and as such each query is addressed individually to the best of our ability.
For Products that are purchased and subsequently a refund is claimed, they must be in original condition with the original packaging and all labels attached. Any Products that appear to have been used, tampered with, damaged or altered in any way will be refused. The Products must be returned to our warehouse before any returns can be issued.
All items discounted, purchased on sale or using a promotional code are final sale and cannot be returned or exchanged.
Refunds will be made only through the original mode of payment, to your original payment method within 10-45 Working Days, depending on your bank’s and our bank’s policies.
Provided we are informed within twenty four (24) hours of your receiving the returned Product, a refund may be considered in the following cases:
- The wrong Product was sent by us
- The Product was significantly defective
- The Product was materially damaged in shipping
- The Product was materially tampered with during transit
If you are not happy with your purchase for reasons that are deemed valid by us, the full amount excluding taxes and governmental charges will be refunded.
Refunds are not accepted unless the item is defective due to manufacture. If you have a defective Product delivered to you, please make sure you enclose your original invoice (printed off your online order), along with a description of the defect. Once received in our warehouse, we will inspect the Product and decide whether to issue a refund or replace the Products. In this case we will keep you informed.
Please be aware that to receive a refund, the Product(s) must be unused and in the same condition as received by you, with all the tags, labels attached and in the original packaging. Where provided, any designer packaging such as Product certificates, dust bags and tags should be included as part of your return. We will not accept returns that do not adhere to the specified conditions outlined. All returns should be sent back in their original packaging provided. Please ensure when returning the Products that the packaging is properly protected.
If any issue arises with your purchase such that you feel you are entitled to a refund or exchange, then we will endeavour to assist you but refunds are not guaranteed nor are we obligated to consider requests. A purchase may only be cancelled or refund approved, by us, in which case you will be notified electronically and any refund may be applied towards your next purchase through the Platform. Please contact firstname.lastname@example.org if you have not received credit into your account on the Platform after a refund is approved. Refunds will always be provided less any credit card or debit card or administrative and finance charges that we have had to incur during your purchase and cancellation. Taxes are always your responsibility.
In case payment is made for Products using E-Wallet feature, all purchasers need to provide approval or request refund, if this is requested. Any approved refunds will be apportioned and distributed in the manner in which they were contributed or paid.
Purchases may be cancelled if notified within one (1) hour of making a purchase. Please contact us at email@example.com as soon as possible. Purchases that are made over one (1) hour may not be cancelled. We are not obligated to cancel any purchase and any cancellation is solely at our discretion.
MESSAGES, LOYALTY PROGRAMS AND PROMOTIONS
By creating an Account, you agree that we may send you informational text messages as part of normal business operations of your use of the Services. You may opt-out of receiving text messages from us at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact or prevent your use of the Services.
CADO may in its sole discretion, create promotional codes that may be redeemed for Account credit or discounts or other features or benefits subject to additional terms that CADO establishes on a per promotional code basis (“Promo Codes”). You agree Promo Codes:
- shall be used for the purposes advised by CADO only in a lawful and valid manner;
- shall not be duplicated, hacked, assigned, transferred or sold in any manner nor made publically available;
- may be disabled at the sole discretion of CADO without prior notice;
- are not your right neither an obligation on CADO;
- are not valid for any form of exchange or benefit or cash;
Upon registration of your Account with us, you accept to receive emails from us for the receipt of information, advertisement, confirmation and registration with respect to the Services.
From time to time, CADO and its affiliates offer loyalty programs and promotional offers (“Offers & Programs”) under various names to its customers, members, visitors and users. In addition to these Terms, these Offers & Programs may be subject to their own specific and additional terms and conditions displayed on the marketing materials or specified on the Platform. Please read and understand all of the terms and conditions of the Offers & Programs before making a purchase.
LICENSE TO PLATFORM, RESTRICTIONS AND INTELLECTUAL PROPERTY
Subject to your compliance with the terms and conditions of this Agreement, CADO grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to:
(i) access and use the Platform in order to access the Services on your personal devices; and
(ii) access, view and use any content, information and related materials that may be made available through the Services for your personal and non-commercial use only.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in this Agreement. No licenses or rights of any kind are granted to you by implication or otherwise by CADO or its licensors, except for the licenses and rights expressly granted in this section. Amongst other remedies CADO may exercise against you for any violation of these terms, any license granted hereunder may be fully and immediately terminated.
With respect to accessing the Platform through or downloaded from the Apple App Store or through a Android Play Store (“Store Application“), you will use the Store Application in accordance with the rights, permissions, conditions and licenses granted to you therein. CADO reserves all rights in and to the Platform not expressly granted to you under this Agreement. Your acknowledge, understand and agree that CADO does not control nor can provide any guarantee, warranty or undertaking in respect of any Store Application and your agreement(s) with the Store Application entirely between you and the owner or licensor of such Store Application.
CADO alone (and its licensors and suppliers, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or Services, or any intellectual property rights owned by CADO (or its licensors or suppliers). CADO name, logo, brand and any service or product names associated with, or used on the Platform and through the Services, are trademarks of CADO or third parties (such as licensors and suppliers), and no right or license is granted to use them to you.
CADO (or its licensor or supplier, as applicable) will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CADO may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that CADO has no obligation to monitor your access to or use of the Platform but has the right to do so for the purpose of operating the Platform, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
CADO reserves the right, at any time and without prior notice, to remove or disable access to any part of the Platform that CADO, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Platform.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit you to post, publish, submit, upload, transfer or transmit any content provided by you to us through the Platform or directly subject to these Terms and applicable laws (“User Content”). By making available any User Content on or through the Platform, you hereby grant CADO an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty- free license, with the right to license or sublicense, to view, transfer, transmit, use, copy, modify, distribute, sell, publicly display, publicly perform, stream, broadcast and otherwise exploit such User Content either through or by means of the Platform or other media owned or managed by us. CADO does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree as follows:
- you are solely responsible and the sole and exclusive owner for all User Content that you make available through the Platform. If you are not the sole and exclusive owner then, you have all rights, licenses, consents and releases that are necessary to grant to CADO and to the rights in such User Content as stated in this Agreement.
- neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- you shall not provide CADO with any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or otherwise offensive as determined by CADO whether or not such material is protected by law.
- CADO may, but shall not be obligated to delete or remove any User Content at any time without notice.
SUBMISSIONS ON THE PLATFORM
You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address email@example.com.
Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.
The information provided or submitted by users on the Platform does not constitute our opinion nor advice, and no information provided should be used or acted upon without seeking further specialist advice from a qualified advisor. We do not ascertain the validity of user-submitted ratings or other posts. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.
All information contained in this Platform including photographs and descriptions (“Platform Materials”) are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the Platform Materials.
The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, logos, text, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names including ”CADO”] and all other derivatives thereof including the trade marks appearing on the Platform are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Platform without our prior written consent.
THIRD PARTY INTERACTIONS
CADO may rely on third party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform. By agreeing to these Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing at our email firstname.lastname@example.org. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services, if any interaction may occur.
INTERNET DELAYS AND OTHER DISRUPTIONS
You will use the Platform at your own cost and risk. You are aware and accept that the Platform may be subject to limitations, delays and other technological issues inherent to internet or electronic communications. CADO shall not be responsible in any manner for any delays, delivery failures, Platform failures, inaccessibility or other damage resulting from these or other similar issues.
DISCLAIMER OF WARRANTIES
CADO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR PRODUCTS ON THE PLATFORM. CADO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (G) THAT YOU ARE COVERED BY ANY INSURANCE OR PROTECTED BY ANY INDEMNITY.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY CADO. CADO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OR PRODUCTS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY AND INDEMNITY
By entering into this Agreement and using the Platform, you agree that you shall defend, indemnify and hold CADO, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, customers, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your deliberate inaction, use or misuse of the Platform, (d) your use of the Platform in any manner or purchase or use (or consequences from use) of the Products.
The aggregate liability of CADO shall not exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding any claim event. In no event shall CADO and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). CADO and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the Platform, including but not limited to the use or inability to use the Platform, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Platform, even if CADO and/or its licensors have been previously advised of the possibility of such damages.
CADO shall neither be responsible nor liable for the actions, errors, omissions of the third party suppliers and you purchase Products at your own risk and liability.
CADO does not assess the suitability, legality or ability of any third party supplier and you expressly waive and release CADO from any and all liability, claims or damages arising from or in any way related to the third party supplier or its Products.
CADO will not be a party to disputes, negotiations of disputes between you and such third party suppliers or Products. CADO will not assess the suitability, legality or ability of any such third parties or their products and you expressly waive and release CADO from any and all liability, claims, causes of action, or damages arising from your use of the Platform, Services, purchase of Products or interaction with any third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THE PRODUCTS ON THE PLATFORM MAY INCLUDE ‘EXPERIENCES’ AND SOME OF THESE EXPERIENCES MAY BE DANGEROUS. IF YOU CHOOSE TO PURCHASE THESE EXPERIENCES PLEASE PURCHASE, USE OR EXPERIENCE THEM AFTER FULLY UNDERSTANDING THE ASSOCIATED RISKS INVOLVED. WE CANNOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED DUE TO SUCH EXPERIENCE WHATSOEVER AND CANNOT CONTROL MANNER IN WHICH YOU CHOOSE TO USE THE EXPERIENCE OR THE OUTCOME OF SUCH EXPERIENCE. YOU FULLY UNDERSTAND AND AGREE TO THIS WHEN YOU PURCHASE OR USE THE EXPERIENCE AND FULLY INDEMNIFY US IN THIS RESPECT PURSUANT TO THE INDEMNNITY CONTAINED HEREUNDER.
YOU EXPRESSLY UNDERSTAND AND AGREE SOME OF THE PRODUCTS AVAILABLE ON THE PLATFORM ARE EDIBLE OR MAY RESULT IN ALLERGIES. YOU ARE RESPONSIBLE TO READ THE DESCRIPTIONS OF EACH PRODUCT THAT YOU PURCHASE OR CONSUME OR USE AND
ARE NOT ALLERGIC TO ANY OF THE PRODUCTS. WE CANNOT BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED DUE TO SUCH USE OR CONSUMPTION WHATSOEVER AND CANNOT CONTROL MANNER IN WHICH YOU CHOOSE TO USE OR CONSUME THE PRODUCTS, OR THE OUTCOME OF SUCH USE OR CONSUMPTION. YOU FULLY UNDERSTAND AND AGREE TO THIS WHEN YOU PURCHASE OR USE OR CONSUME THE PRODUCTS AND FULLY INDEMNIFY US IN THIS RESPECT PURSUANT TO THE INDEMNNITY CONTAINED HEREUNDER.
CADO may give notice by means of a general notice on the Services, electronic mail to your email address on record in CADO’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CADO’s account information. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to CADO (such notice shall be deemed given when received by CADO) at any time by any of the following: letter sent by confirmed facsimile to CADO at the following (whichever is appropriate):
Fax Number: +971 50 554 9770;
Letter delivered by internationally recognized courier to CADO at the following address: 12B Warehouse, 17th street, Beside Al Serkal Avenue, Al Quoz. P.O. Box 7550 Dubai, UAE
Email to: email@example.com
CADO reserves the right to modify the Agreement or its policies relating to the Services or Platform at any time, effective from the time of posting of an updated version of this Agreement at https://www.cadogifting.com/terms. You are responsible for regularly reviewing this Agreement. Continued use of the Services and Platform after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without our prior written approval but may be assigned without your consent by CADO to a parent or subsidiary or any third party. Any purported assignment in violation of this section shall be void.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws in the state of Delaware in the United States of America. Any dispute or claim arising hereunder shall be referred to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Financial Center in the Emirate of Dubai, PROVIDED ALWAYS that CADO reserves the right to bring legal action against any User in the country of residence or nationality of the User.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of CADO to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CADO in writing.
This Agreement comprises the entire agreement between you and CADO and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between us regarding the subject matter of this Agreement.
The Platform provides a wide range of information and third party services to visitors about certain products and experiences (“Products”) and allows you to also purchase listed Products from the respective merchants through the Platform.
Like other similar technology platforms, we may collect information from our visitors, including personally identifiable information (your full name, e-mail address, phone number) and non-personally identifiable information (e.g. aggregate statistics about what parts of our Platform are most popular).
Scope of policy
This Platform is not directed to, and does not seek to collect personally identifiable information from minors under the age of 18 therefore you must be 18 years or older or the age of majority in your country of residence to use, susbcribe or register as a member of the Platform. If we are informed that we have collected information from someone in an age category that is not of legal age, we will take reasonable steps to delete that information, subject to applicable legal and regulatory requirements. We do not knowingly collect, maintain or disclose personal information from or about children that are minors or under 13 years of age.
collection OF information
This Platform collects information from its visitors and users in 2 ways: actively and passively.
Active information collection refers to instances in which we gather information from you when you register as a user on the Platform, purchase a Product or if you sign up for an electronic newsletter, or if you send us a message via an e-mail reply mechanism provided by this Platform. Active information collection can include both personally identifiable information (e.g., your full name or information that is unique to you) and non-personally identifiable information (e.g., if we were to ask for your first name and a list of the top three things you like as a gift from our Platform).
Passive information collection refers to instances in which we collect information from you that you have not actively provided. We may use special technologies to passively collect non-personally identifiable information while you are visiting the Platform. We collect information when you visit or use our Platform, contact us by email, through the chat option available on our Platform, or use our call center or facsimile or telephone or connect with social media platforms that are our partners or simply when an order is placed for Products. The Platform may also permit you to participate in forums, surveys, contests, promotions, content submissions, chats, bulletin boards, discussion groups and requests for suggestions. The Platform may also provide opportunities to engage in other activities, services, products and resources made accessible to users.
These technologies allow us to collect certain kinds of non-personally identifiable information, including but not limited to the type of web browser you use, IP address, time zone, the date and time of your visit, the operating system you use, the specific pages you visit, the address of the website you visited prior to entering the Platform and the cookies that are installed on your device. Additionally, as you browse the Platform, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We do not link this passively collected information with personally identifiable information you have actively provided elsewhere on this Platform. We reserve the right to share with third parties, including our business partners and advertisers, the anonymous aggregated information that we have passively collected via this Platform.
We collect the following nature of information only to the extent required by applicable laws or for the purposes of processing your purchases on the Platform:
- name, address, telephone number, email address, country where you are located, proposed user ID, gender and birth date,
- billing information (credit/debit card number, expiration date, alternate or additional billing information and billing address),
- recipients’ name, recipient’s mobile number and email address and their address for delivery of the purchased Products (as gifts),
- list of contacts in your mobile device that can be accessed easily for the purpose of gifting or delivering Products;
- Products purchased and occasion type (for example, Mother’s Day),
- any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles), or if you have an experience coupon for a spa, massage etc.
- Product recipients’ names, addresses, telephone numbers and email addresses,
- device information – information about the mobile device, including platform information and device location
- information related to the Platform – application information, including which of the applications are used, how the applications are used and the duration of use of the application,
- network information – network information, including IP address, network carrier and country code, browsing information, such as how you interact with the Platform.
We collect information identified above, using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. You may have the option to disable cookies on your browsing device.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Platform.
– “Log files” track actions occurring on the Platform, and collect data including your internet service provider, your IP address, the browser type that you use, referring or exit pages, and date and time stamps.
- “GPS Location” acquire your location in order to provide Services based on your geolocation (location based services) only in case you place and Order with us and request delivery.
Additionally, when and if you make or attempt to purchase through the Platform, we collect certain information from you, including your name, address, location or geo-tag information, email address and phone number.
We may also partner up with other entities or loyalty programs and share non-personally identifiable information with them in order to promote your experience on the Platform.
What do we do with your information
We reserve the right to sell, lease, transfer, or otherwise share without restriction aggregated, de-identified, and other non-personally identifiable information regarding Platform usage, sales, traffic patterns, demographics, and other statistics about our Platform or those from whom we collect information via the Platform.
For clarification, the Platform does not intend to, and will not store any financial information relating to you.
Orders may be delivered by us or by our nominated courier partner and in the event that it is our courier partner please note that your delivery information will need to be shared with them. If you do not wish for this information to be shared, please notify us by writing to us so we can arrange special delivery for you in which case, there will be additional charges that will be advised to you.
Orders placed by you on the Platform may be delivered by us or by our nominated courier partner and in the event that it is our courier partner please note that your delivery information will need to be shared with them. If you do not wish for this information to be shared, please notify us by writing to us so we can arrange special delivery for you in which case, there will be additional charges that will be advised to you.
We may use information we receive from or through you, to provide you with targeted advertisements or marketing communications we believe may be of interest to you, currently or in the future. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising, if it is used by us, by following these links:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
Additionally, you may opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
The Platform does not alter its data collection and use practices when it encounters a “Do Not Track” signal from a browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European citizen or resident we note that we are processing your information in order to fulfill third party contracts with you (for example if you purchase through the Platform), or otherwise to pursue our legitimate business interests listed herein. Additionally, please note that your information may be transferred outside of United Arab Emirates including but not limited to Europe, Canada and the United States.
To respond to your request or inquiry, we may require follow-up or contact information to allow us to verify that you are the person authorized to view the information you are requesting. We may, at our discretion, refuse to allow you access to certain information if, in our view, to provide such access would jeopardize another person’s privacy; would violate any applicable federal, state, or foreign law, regulation, or directive; or would unreasonably burden this Platform.
Data STORAGE AND security
Although we take reasonable steps to protect the personally identifiable information that you provide via this Platform, no system is 100% secure or error-free and neither is the Platform. We do not, and cannot, guarantee the security or accuracy of the information we gather.
COMMENTS AND FEEDBACK
If you are interested in receiving electronic updates, alerts, and other information from us regarding this Platform, you must provide us with an e-mail address. We may also ask for optional information, such as how you found us, to help us better serve you and other users in the future.
CADO welcomes your comments and feedback regarding this Platform and third party services and functionalities to our e-mail address: firstname.lastname@example.org that permits you to send through your own e-mail address, comments, and any other information you choose to include. Please remember that e-mail is not secure and CADO cannot provide you with any guarantees in this respect. You should carefully consider what information you wish to send to CADO through e-mail or through this feedback option.
Data Collection Officer,
You are using the Platform at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Platform or the quality of any products, and we assume no liability or responsibility for any errors or omissions in the content of the Platform or in respect of any other issue with such goods, services or activities. We may make changes to the content or material in the Platform without any prior notice. We are not under any commitment to update any content or material on the Platform.
We reserve the right at all times to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates without any prior notice or prior consent requirement.
We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through using this Platform or purchasing products. We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any Third Party Sites. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform. We do not provide any warranties, whether express or implied, to you through the use of the Platform.
Last Updated on SEPTEMBER 2019
CADO APP GIFTING LLC ®