Kukudeals Terms and Conditions

These campaign raffle draw terms ("Raffle Draw Terms) govern the terms and conditions applicable to Shivon General Trading LLC 'Kukudeals, 'We", "Us", "Our) campaign raffle draws ("Campaign Raffle Draws") that relate to our website ("site").By using the Platform and/or participating in a campaign raffle draw, you agree to be bound by these raffle draw terms, as well as the user agreement published on the site ("User Agreement"). If you do not agree to these raffle draw terms, or any of its items (including any amendments), then you should immediately cease using the site, and not enter any campaign raffle draws.

These Raffle Draw Terms are effective as of 1 September 2020. We may amend these Raffle Draw Terms at any point in time without notice and the amendments will take effect once they have been displayed on the site. You acknowledge and agree that it is your responsibility to review these Raffle Draw Terms periodically to familiarize yourself with any modifications. Your continued use of the site and/orentry into Campaign Raffle Draws following any amendments shall be construed as acceptance of those amendments.

Any individual (and their family members) who are legally associated with Shivon General Trading LLC or Kukudeals in terms of maintaining Kukudeals in any form be in digital or inventory management are strictly prohibited to enter any campaign run by the brand on the platform.

  1. Campaign Raffle Draws will be approved by the Dubai Economy Department ("DED") in Dubai and are in accordance with the Commercial Permit Guidebook (as such may be amended from time to time). A valid permit number will be issued for each respective campaign. Where Campaigns are being run from any other jurisdiction we operate from, Kukudeals will obtain the necessary regulatory requirements and permits as stipulated by the law in such jurisdiction.
  2. Only Users with a valid membership to the Site ("Customer') that satisfies all the terms of the User Agreement are eligible to enter into our Campaign Raffle Draws.
  3. Each product purchased from a campaign by a customer is awarded a single complimentary coupon per product to a specified Campaign Raffle Draw.
  4. Complimentary coupon numbers are computer generated and sequential to the order in which the products they are associated with are purchased. Customers cannot choose coupon numbers as they are generated only upon checkout and completion of purchase of the associated products.
  5. Product and the Complimentary coupons awarded to customers are neither refundable nor transferable and are owned solely and exclusively by the customers who they have been awarded to.
  6. Campaign Raffle Draws will occur within seven (7) business days after the completion of any campaign. Campaign Raffle Draws shall occur in the presence of a regulatory representative, unless the regulator approves otherwise, and as such are not subject to negotiation, interference, challenge, or argument by a customer. The draw date will be subject to the representative's availability. Kukudeals has the right to close a Campaign Raffle Draw at any time. In the event that a campaign is oversubscribed for anyreason, we will forthwith reimburse to the oversubscribed customers the payment they have made for the associated produced based on the sequential coupon numbers representing the oversubscribed number of coupons.
  7. Winners of Campaign Raffle Draws ('Winners") will be notified on the day the draw occurs and the Winners are selected by the regulatory representative. The names of Winners may also be announced on the Website and our associated social (online) media profiles, unless you specifically advise us otherwise in writing.
  8. All customers consent to the use of their name in the event they are the Winner of any of the Campaign Raffle Draws. This includes but is not limited to use of their name in the local and regional press, on the Platform and on any social (online) media profile associated with us.
  9. Post notifying the Winner of their win on the day of the draw, an email will be sent to the registered email on the website detailing the next steps and how the Winner can claim the prize ("Prize").
  10. In the event the Winner is based in the United Arab Emirates, then he/she needs to collect the Prize from our premises within 60 calendar days and present valid identification as may be required in our sole discretion. Kukudeals may, at its sole discretion, allow an individual who has been given Power of Attorney (POA) by the account holder to collect the Prize Failure to collect the Prize within this time period will result in us transferring the Prize to the regulator where after Kukudeals will have no further responsibility with respect to the Prize. Post transfer, the Winner must liaise with the regulator whereupon he/she will be subject to the regulator's own terms and conditions.
  11. In the event a Winner does not reside in the United Arab Emirates, we will either courier the Prize to the Winner by air or land in the case of smaller items (as we may determine in our sole discretion), or ship the Prize to the Winner's country of residence (nearest seaport as selected by us in our sole discretion) free of charge, and we will insure shipment of the Prize until delivery thereof at the port. Accordingly, all local taxes, custom duties, and any other form of expense beyond shipping and delivery at the port will be paid by the Winner.
  12. Once a Prize is handed to/collected by the courier/handler for international delivery, risk and responsibility will transfer to the Winner and we no longer hold claim nor responsibility for any damage/injury incurred in transit, or upon delivery.
  13. All Prizes represented on our website, will be awarded as displayed. Minor changes, including but not limited to color, may occur, however, no major changes, including but not limited to, specification, brand or value, will occur.
  14. Kukudeals is not responsible for any bank charges, including but not limited to processing fees from your local bank.
  15. By entering the Campaign Raffle Draw, winners confirm their agreement to take part in any associated publicity.
  16. If any winner is subsequently found ineligible to participate in the Campaign Raffle Draw, we may at our sole discretion forfeit or reclaim the prize or dispose of the same in such manner and to such person as we deem fit. All such decisions will be in line with DE regulations as well as UAE law.
  17. Winners are responsible for any and all tax liability where applicable.
  18. We will not be responsible for arranging insurance, including travel insurance, medical insurance, transport expenses, meal expenses, or any expenses of a personal nature, in the collection of the Prize unless otherwise stated.
  19. We will not be responsible for the inability of any winner to utilize the Prize, for any reason whatsoever, including but not limited to non-issuance of a visa.
  20. We will not be responsible for claims, damages, or expenses of any nature whatsoever for any loss, illness, bodily injury, including death, of or to any winner and/or any third party during and/or in course of usage of any prize or due to any defects in any prize.

User Agreement

The below  general terms and conditions , along with the privacy policy (“Privacy Policy”), and draw terms and conditions (“Draw Terms”) (together the “User Agreement”) constitute the contract between You and Shivon General Trading LLC (“­­Kukudeals”, “We”, “Us”, “Our”) relating to the use of Our website (“Site”) and social media accounts (together the “Platform”) and Your participation in Our campaign draws.

Preamble

Any party using the Platform and/or participating in a Campaign Draw (“User”, “You”, “Your”), agrees to be bound by this User Agreement. If You do not agree to this User Agreement, or any of its terms (including any amendments), then You should immediately cease using the Platform and not enter any Campaign Draw.

This User Agreement is in effect as of 1 September 2020. We may amend this User Agreement at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is Your responsibility to review this User Agreement periodically to familiarize Yourself with any modifications. Your continued use of the Platform or any of Our products, offerings and services, including, but not limited to, Campaign Draws (“Services”) following any amendments shall be construed as acceptance of those amendments.

General Terms and Conditions

 

Eligibility for Membership

It is imperative for Kukudeals to ensure that its members are able to enter into legally binding contracts and that minors do not purchase, use, or have access to unsuitable content they are not fit for . Membership and/or use of the Kukudeals platform is NOT Eligible for individuals under the age of 18. By using the Platform, You represent and warrant that You are 18 years of age or over and that all information You submit is accurate and truthful when registering any information with the Platform or providing any information to Kukudeals.

Kukudeals reserves the right and at its sole discretion to refuse, limit, suspend or withdraw access to the Platform or the membership of any person if Kukudeals believes that person is under the age of 18 years or that any information given is not accurate or truthful, or for any other reason.

No person may register as a member on the Platform more than once.

Registration and Membership Obligations

In order to access the Services and utilise the Platform You will be required to create an account and register information with Kukudeals in order to create a membership (“Membership”). You agree that any information provided to Kukudeals in pursuant thereto will be complete and accurate, that You will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that You will not adopt a username that We in Our sole discretion, deem offensive. We reserve the right to not allow You to register if We believe that You will not comply with these Terms.

You are responsible to promptly update details of Your Membership such that they are at all times considered true, accurate, current and complete. if Kukudeals suspects that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, We have the right to suspend indefinitely, limit or withdraw Your Membership and/or Your access to the Platform.

When registering Your account on the Platform, You will be required to provide certain information and register a username and password for use of the Platform. To keep Your account secure You have to protect Your account with reasonable means, and You are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, Your account and password to the Platform. You agree to accept responsibility for all activities that occur under Your account with Kukudeals. If someone other than Yourself uses the Platform with Your login information You will be held accountable for all actions made in Your name. In the event of termination, You will no longer be authorized to access the Platform or Your Membership, and We reserve the right to use any means possible to enforce this termination. You undertake to immediately notify Kukudeals of any unauthorized use of Your Membership or any other security breach.

You may not, at any point in time, use any other person’s Membership. You agree to reimburse Kukudeals in full for any costs, expenses and damages caused by improper, unauthorized or illegal use of Your Membership and password by You or any person obtaining access to the Platform.

You may not transfer or sell Your Membership with Kukudeals to another party and You undertake that You are solely responsible for all activity of the Membership.

Electronic Communication

In order to access the Services and utilise the Platform You will be required to create an account and submit personal information with Kukudeals in order to create a membership (“Membership”). You agree that any information provided to Us in these areas will be complete and accurate, that You will not register under the name of, nor attempt to enter the Membership under the name of, another person.

Conduct

You may not access or use the Platform or the Services provided via the Platform for any purpose other than the purpose for which we make it available to You. We may prohibit certain activities in connection with the Platform and Services at our discretion.

These prohibited activities include, without limitation, the following:

  1. Copyright infringement, patent infringement, or theft of trade secrets.
  2. Advertising to, or solicitation of, any User to buy or sell any products or services, except with the express written approval of Kukudeals.
  3. Transmitting chain letters or junk email to other Users.
  4. Using any information obtained from the service in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.
  5. Engaging in any automated use of the Service, such as using scripts to send comments or messages.
  6. Interfering with, disrupting or creating an undue burden on the service or the networks or services connected to the Service.
  7. Attempting to impersonate another User or person.
  8. Using any information obtained from the Service in order to harass, abuse or harm another person.
  9. Accepting payment of anything of value from a third person in exchange for Your performance of any commercial activity on or through the Service on behalf of that person.
  10. Using the Service in a manner inconsistent with any and all applicable laws and regulations.
  11. Any activity which harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  12. Any activity which violates any applicable equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
  13. Any activity which includes personal or identifying information about another person without that person's explicit consent.
  14. Any activity which impersonates any person or entity, including, but not limited to, an Kukudeals employee, or falsely states or otherwise misrepresents an affiliation with a person or entity

Additionally, You agree not to:

Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; and,

Attempt to gain unauthorized access to computer systems owned or controlled by Kukudeals or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform.

Any content uploaded by You shall be subject to applicable laws and may be disabled, or may be subject to investigation under applicable laws.

You are solely responsible for the consequences, losses or damages we may incur, directly or indirectly, or suffer due to any activities conducted by You.

Payment Gateway

If You make a payment for Our Services on our Platform, the details You are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records.

Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

The product prices per unit displayed on Our Platform are inclusive of VAT.

Users may be charged in UAE Dirham (AED) or any other currency depending on where they are using the platform from and what type of Credit Card they are using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates.

Refund & Cancellation Policy

All sales are final with no cancellation options.

For any defective products, Kukudeals will offer You replacement of the defective product only, subject to any warranties and/or guarantees provided by the manufacturer of the product. Kukudeals shall have no liability or responsibility in relation to any defect regarding a prize awarded as a result of a Campaign Draw.

No other form of refund is permissible.

Intellectual Property Rights

The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kukudeals, and are subject to copyright and other intellectual property rights under UAE and foreign laws and international conventions. In connection with the Services, the Platform may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Kukudeals. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant You any right in relation to such goods. Materials on the Platform are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Kukudeals reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Platform or the Materials therein. Content displayed on or through the provision of the services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

User Submissions

You accept that various things can go wrong when using the Platform and the Services provided through the Platform. You take on the responsibility and liability of these events happening and will have no claim against Kukudeals if they happen. When using the Platform, You will be exposed to Materials from a variety of sources, and that, as far as applicable law allows, Kukudeals is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and You agree and assume all liability for Your use. You further may be exposed to Materials that are inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Kukudeals with respect thereto.

Digital Media

You consent to the use of Your name in the event You are the Winner of any of the Campaign Draws. This includes but is not limited to use of Your name in the local and regional press, on the Platform and on any social (online) media profile associated with Us.

You consent that We have the right to use any and all digital records made by Us including, but not limited to, photographs, videos and call recordings of, the Prize, the Campaign Draw, the winning phone call and the collection of the Prize, on the Platform and on any social (online) media profile associated with Us. These digital records may include imagery and/or voice recordings of the Winner and/or their name.

Limitations of Liability

To offer a reliable and enjoyable service We need to fix bugs, perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, content and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, either expressed or implied.

Information obtained on the Platform may not always be accurate. We use other providers to provide data on which We base the information detailed on the Platform. We try to make sure that the data is correct and up to-date together with Our partners, but We cannot guarantee that it will always be.

In conjunction with the limitation of warranties as explained herein, You expressly understand and agree that any claim against Us shall be limited to the amount You paid to Us, if any, for use of our Platform and/or Services.

Indemnity

You agree to defend, indemnify and hold harmless Kukudeals and its affiliates and subsidiaries, and its and their, officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your breach of any provision of this User Agreement; (ii) Your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) Your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to You or a third party. This defence and indemnification obligation will survive termination, modification or expiration of this User Agreement and Your use of the Service and the Platform.

No Spam Policy

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Kukudeals email addresses or through Kukudeals information systems are expressly prohibited by these Terms. Any unauthorized use of Kukudeals computer systems is a violation of this User Agreement and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case You intend to solicit, or contact Our Users by obtaining their email or phone numbers from Our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute You under the relevant UAE laws.

Limitation and Termination of Service

Kukudeals may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which You may access the Service or the Platform.

Kukudeals reserves the right at any time to modify or discontinue the Service on the Platform (or any part thereof) with or without notice, and that Kukudeas shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the Service.

You acknowledge and agree that Kukudeals, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate Your account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Service or Platform (or any part thereof), immediately and without notice for any reason or no reason at all. Further, You agree that Kukudeals shall not be liable to You or any third-party for any termination of Your access to the Platform or the Service.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Kukudeals without restriction. Any assignment or transfer by You shall be null and void.

General Information

The failure of Kukudeals to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, We and You nevertheless agree that the court should endeavour to give effect to Our intentions as reflected in this User Agreement. If any provision or provisions of this User Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this User Agreement shall not in any way be affected or be impaired.

Governing law and Dispute Resolution

Any dispute arising out of or in connection with this User Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai. This Agreement shall be governed by and construed in accordance with the laws of the Dubai