Terms and Conditions

 

Please read our terms and conditions under which we supply any of the products listed on our devices and application Fundok,  www.fundok.io. It gives details of our services and policies, and the terms you agree to by ordering any good or services through our platform.

You should understand that by registering for our service or by ordering any of our listed items, you agree to be bound by these terms and conditions. Kindly print a copy of these terms and conditions for future reference.

  1. Information about us
    • We operate the platform Fundok under Qualia General Trading L.L.C a company registered in the UAE under company registration number: 739439 and United Arab of Emirates is our country of domicile.
    • We are a digital enabler and provider of 3rd party services, when we refer to our goods and/or services in this document; we refer to 3rd party goods and services available on our platform.
  1. Service availability
    • At this time, our site is intended for use only by people residing in or visiting the UAE. We do not accept orders from individuals outside of the UAE.
    • By placing an order through our site, you warrant that
      • You are legally capable of entering into binding contracts, and
      • You are at least 18 years old, and
      • You are a legally present in the UAE
  1. How the contract is formed between you and us
    • Registering on the platform is free of charge. Once an order is placed, you accept to contractually pay for your order as per the payment conditions.
    • You can cancel your registration at any time by sending an email, unless registration has been automatically been made through an approved third party property renter or hotel, in which case your registration is cancelled automatically on leaving said party’s rental property or hotel, unless otherwise approved by you.
  2. Consumer rights;
    • All your rights as a consumer are protected under the statutes, rules and regulations of the applicable laws as defined herein.
  1. Price and payment
    • The price of the products and services can vary from time to time.
    • If you make a payment for our products or services on our platform, the details you are asked to submit will be provided directly to our payment provider via secure connection.
    • We accept Visa and Mastercard credit card payments on our website in AED and cash on delivery.
    • The cardholder must retain a copy of transaction records and Merchant policies and rules.
  1. Delivery and Shipping Policy
    • All our products and services will be delivered in accordance with the details noted at the check-out process.
    • All products and services will be delivered to you either through one of our employees or through a dedicated delivery partner.
    • Fundok will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
    • If the item purchased is out of stock or for any other reason we cannot deliver to you the requested item, you will be contacted by one of our agents to either refund the item amount or you may choose an alternative product to purchase.
  2. Refund / Return Policy
    • Perishable foods, drinks and meals work under a strict no refund or return policy, unless the items were found to be defective or incorrect at the time of delivery.
    • If you return a Product to us because it is defective or wrong, we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item.
    • Refunds will be done only through the original mode of payment.
  1. Cancellation Policy
    • Order cancellation for perishable foods, meals and drinks are not acceptable. Cancellations of other items or services shall be as per details provided on the platform. Where no explicit information on cancellation is noted, then cancellations will only be entertained within 30mins from order placement, otherwise 3rd party penalties will be levied.
  1. Product information
    • Limitation on quantities excluding any content, which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
  1. User information;

10.1 We collect Personally Identifiable Information (“PII”), which you voluntarily provide to us during the registration and process or in response to specific information requests we may present to you. We may ask for your e-mail address during your use of the Website. To order from Fundok you may be requested to provide any or all of the following PII: first and last name, postal address, e-mail address, date of birth, telephone number and details of a payment mechanism. We may also collect your Internet Protocol (“IP”) address to help diagnose problems with our server, and to administer this Website. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data. In addition to the above, we may collect other information about you using Google Analytics Demographics and Interest Reporting. This information may include your age group, gender, and interest categories as determined by the Google Display Network. We use this information as part of our decision-making and user experience optimization process as informed by Google Analytics, to ensure that we are targeting you with communications and experiences that are deemed relevant to your preferences and needs. Your demographic and interest information will be collected if you have permitted the use of cookies from the Google Display Network on your browser via an opt-in action. You can opt out of Google Analytics for Display Advertising or customize Google Display Networks ads by adjusting the relevant ads settings. To opt out of having your information being collected by Google Analytics in general, you can download and install the Google Analytics Opt-Out Browser Add-On. By agreeing to these terms and conditions, you authorize Fundok to collect such information about you that you have not actively disallowed Google from accessing.

  1. Warranty
    • We warrant to you that any product or service purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products or services of that kind are commonly supplied.
  1. Limitation of liability
    • In no event shall Fundok, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort or otherwise, even if Fundok has been advised or should have known of the possibility of such damages or losses. In no event shall the total liability of Fundok its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Fundok in connection with the event giving rise to such liability.
  1. Written communications
    • Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  1. Indemnification
    • You agree to indemnify, hold harmless, and defend Fundok operating under Qualia General Trading L.L.C, license number 739439, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including legal fees, in any way arising from or related to your use of the platform, your violation of these Terms or the Privacy Policy, content posted to the platform by you, or your violation of any law or the rights of a third party.
  1. Transfer of rights and obligations
    • The contract between you and us is binding on you and us and on our respective successors and assignees.
    • You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    • It is at our discretion to renew subscriptions packages.
    • We reserve the right to pass on personal data to specially selected third parties for research purposes.
  1. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      • strikes, lockouts or other industrial action;
      • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      • impossibility of the use of public or private telecommunications networks; and
      • the acts, decrees, legislation, regulations or restrictions of any government.
    • Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  1. Our right to vary these terms and conditions
    • We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
    • You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
  1. Law and jurisdiction
    • Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the UAE law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the UAE.
  1. Advertising
    • The platform may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Qualia General Trading L.L.C. is not responsible for the acts or omissions of any advertiser or sponsor.
  1. Site Operation
    • Qualia General Trading L.L.C controls this platform from the U.A.E. Qualia General Trading L.L.C. makes no representation that this platform is appropriate for use in other locations.
    • If you use this platform from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
  1. Purchases
    • All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Qualia General Trading L.L.C.
  1. Violation of Terms of Use
    • You understand and agree that in Qualia General Trading L.L.C’s sole discretion, and without prior notice, Qualia General Trading L.L.C may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Qualia General Trading L.L.C believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Qualia General Trading L.L.C or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Qualia General Trading L.L.C. for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Qualia General Trading L.L.C may release user information about you if required by law or subpoena.

 

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