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Privacy Policy
Bainkom “Bainkom FZ-LLC” (referred to as ‘we’, ‘our’, ‘us’ or ‘Bainkom’) is committed to protecting the privacy of every one of our users. The website www.bainkom.com , the mobile and touch versions and any sites is owned and operated by Bainkom, and this Privacy Policy pertains to the existing platform. Bainkom is a platform where our affiliates and other unaffiliated third-party clients (collectively “Clients”) can list jobs or requirements and designers with adequate background and experience can apply for these jobs/requirements (hereinafter designers shall be referred to as “Designer(s)”). We are always here to address your questions about the privacy of the personal information you register with us, and we obtain by other means and how we use, control, process and share it.
Please read this Privacy Policy (“Privacy Policy”) carefully, in its entirety before using our websites, applications and other website products or services. If you have any questions or concerns that haven’t been answered by this document, you can call us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4) or email us on info@bainkom.com
We collect through different mediums i.e. our websites, mobile applications, products, and services (collectively, the “Services”) your (“you”, “your” meaning the user, reader) information and data. You should use this Privacy Policy to evaluate how you use our Services, provide information to us, and make selections about how you manage the information we collect from you in relation to your use of our Services.
By using and accessing our Services, you agree to be bound by this Privacy Policy. This Privacy Policy may change from time to time. Please visit the Platform frequently for updates. You should at once cease using our Services if you do not agree to this Privacy Policy
How do we obtain your information?
We collect a combination of personal and statistical information based on the consent about everyone who uses our site- whether or not you are a registered user. We store all your information with utmost attention to privacy and security in the UAE. Information voluntarily and willingly provided to us by You or legally collected by us while you are using our Services, is our property.
We also comply with the Payment Card Industry Data Security Standards, which means we regularly assess the vulnerability of all our IP addresses to external interference and we use Secure Socket Layers (SSLs), which encrypt data when you log in or make a payment.
Personal Information we require.
All our registered users are asked to provide us with the following personal details:
- Full Name
- Email address
- Contact Number
- Address, Country
- Website or LinkedIn profile if available
Other information we might collect.
Bainkom and our third-party partners, for example advertisers, Clients, brands and content providers, may also collect statistical information about you while you use our site. Statistical information that we gather may include where a user is and on the Internet (e.g. the URL that they last came from, the computer’s IP address and the domain types like .com and .ae that the user uses), browser type, which language content is being viewed in, the country and telephone area code where the computer is located, the pages of our website that were viewed during the visit, the advertisements that were clicked on and any search terms that were entered on our website. We do not use this information to identify you personally and we may collect it even if you are not a registered Bainkom user.
We also save all email contact that our customers have with Bainkom. This is for the purpose of quality control and the development of our services- but we may also collect additional personal data and information from your telephone calls and emails.
Social networking
You may also manage to share certain personal data with us when you connect with us through social networking platforms or applications. Please refer to below and also the privacy policy and settings of the social networking website or application to determine how you may adjust our permissions and manage the interactivity between us and your social networking account or your mobile device.
Cookies
Cookies are small text files that gather information about non- personally identifiable visitors to websites. IP and ULR addresses are gathered through the use of Cookies- as well as the date and time of a visit to our site. Cookies help customize your Internet experience and are used on most commercial sites. They allow us to help bring you the offers, advertisements and features that are most relevant to you and allow you to save personal details on your browser, such as your password, which will be accessible next time you visit our site. You can adjust your browser to alert you when a website is trying to send you cookies and also to block all cookies whilst visiting our site. Blocking cookies will mean that you are only able to use Bainkom for the purpose of browsing and researching rather than purchasing products. Through the use of cookies, we can track previous websites that our visitors and other users of the IP address have been to as well as the search terms entered by users. Cookies are used purely for the purpose of statistical analysis of traffic flows for the improvement of our website and are never stored in a form in which individual users can be identified. Therefore, they are not used to collecting personal information about you. The statistical data collected as a result of Cookies is not transferred to our third-party partners in a form that discloses any of your personal details in connection with them. Please be aware that our providers of advertising and content on our site may also use cookies to collect data about traffic flows themselves. We make sure that all our partners follow stringent security and privacy procedures.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
How do we use your information?
We only use your information to provide you the Services, show relevant offers, advertising, send you specially selected emails about deals that we think will interest you, send you relevant direct marketing messages and other communications via email or push notifications, in order to adhere to legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes and preventing fraud. We don’t sell your information to any third-party organizations and only share it with our trusted partners who help make your experience on Bainkom what it is. It is our responsibility to protect your personal information from unauthorized access by third parties. The details collected from you do not include your credit card details.
Security, Collection and Retention of Information
We make sure to store your data in such a way that it cannot be attributed to you and is anonymized. Information that directly identifies you is stored separately from data that does not directly identify you. We maintain your information collected on our secure servers and systems and use the best industry-standard practices to avoid loss, misuse or alteration of such information in the UAE as per law.
Please note that no transmission of information over the internet is 100% secure. While we evaluate our methods regularly and take measures to implement safeguards and controls to store and transfer your information securely, we cannot warrant the security of any information transmitted from or to our servers.
The data collected is stored in the United Arab Emirates.
Unless otherwise required by law, your Personal Information will be maintained by us only for such time as may be required to fulfil the objectives and purposes for which such information has been collected, enforce our agreements, and resolve disputes, if any.
Legal
We may disclose the information collected from you, if necessary, to exercise one or more legal claims and/or assert certain legal rights (including yours).
Why do we collect this information?
We collect this information so we can personalize your experience with us and the Services provided and make sure you can easily find what you really want and need. We also use it for statistical and survey purposes, to make sure you’re included when we consider making site changes and/or adding new modifications to the platform (both app and website) and ensure the web content advertisements appearing on your screen are specially tailored to your needs. We will only contact you by email about special offers and deals with your prior consent.
We use cookies to assess which advertisements you access, and which areas of the site are viewed the most. By measuring traffic flow in this way, we can assess our most popular features as well as areas that need improvement. We do not store any information from cookies for longer than your session on our site lasts, although you can choose to store information by saving your trolley or password.
Who do we share your information with?
We share your personally identifiable information with your consent with affiliates, business partner, with reputable third parties that provide tools and services to help us better understand your offer requirements and preferences, with payment processing agencies, with Clients or Business Partners where you have redeemed a voucher, goods, or services offered by them or participated in an offer, rewards, contest, campaign , gig, job or other activity backed by them through us;
All of the third parties that work together with you in processing your personal information have stringent confidentiality and security measures and are committed to preventing the misuse of your personal information. We also reserve the right to share your personal details if we believe it is necessary to comply with the law, to protect the safety of Bainkom or the safety of our users or to protect Bainkom property rights.
We may share non-personally identifiable information, such as your URL or IP address with third party advertisers or third-party advertising companies. This information CANNOT be traced to your personal details.
Your information, your rights
You have the right to access all, delete, and modify any part of the personally identifiable information we keep about you if you inform us of your request in writing. You can contact us info@bainkom.com and request us to provide you with all the personally identifiable information that we store about you. You also have the right to update and/or the right to request to destroy all personally identifiable information that we keep on our records. See the following paragraph for more details.
Changing your personal information on Bainkom
Once you change or revise your personal information on Bainkom, we will only contact or refer to you by the newest information that you have provided. Because we make periodic back-ups of information, we may not be able to completely delete your former details, but we will not use them for any promotional and/or customer contact reasons.
To change or revise any of the personal information we hold about you, just contact us at info@bainkom.com.
Opting Out
Bainkom users are given the option of registering for our newsletter and other news about special offers and deals. If, at any time, you prefer not to receive email marketing information from us please follow the unsubscribe link at the bottom of each email OR contact us at info@bainkom.com and instruct us to remove your email address from our database. For us to be able to do so, please include your email address in the body of your email and write "Unsubscribe" in the subject line." We will process your request as soon as we can. In this way you are modifying your Bainkom account settings, rather than cancelling your membership.
If you wish to cancel your Bainkom account, please send our Customer Services department an email - with the words ‘Cancel Account’ in the title. Your account will be cancelled, and we will delete all personal details that we have stored about you within 28 days. However, we are not responsible for contacting and/ or deleting the personal details about you that we have shared with our trusted partners.
How to exercise your rights under the Personal Data Protection Law UAE “PDP ”
To exercise your rights under the PDP, please submit a request by either (1) clicking here; https://www.bainkom.com/contact-us or (2) emailing us at info@bainkom.com You must (1) describe your request in sufficient detail, and (2) include information that allows us to confirm your identity. We will use your request only to verify your identity and respond to you (if possible). We cannot respond to your request if we are not able to verify your identity. You will not need to create an account to assert your rights. We endeavor to answer all requests within 30 days. In some cases, a response may be delayed by as much as 45 days, though in that case we will inform you of the reason.
Privacy Policies of Third Parties
This Privacy Policy only addresses the gathering, processing, and use (including disclosure) of personal data by us through your use of the Site. Other websites that may be accessible through links from the platform may have their own privacy policies and personal data collection, processing, use, and disclosure practices. Bainkom’s business partners may also have their own privacy policies. We motivate you to familiarize yourself with the privacy policies provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.
Contact Us and DPO
We may update this Privacy Policy from time to time, hence request you to visit our page to keep yourself familiarized. If you have any queries about our privacy practices or this Privacy Policy, please contact us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4). We have a data protection officer who can be reached on info@bainkom.com
TERMS and Conditions
User Agreement
This web or mobile application is operated by Bainkom FZ-LLC (“Bainkom” or "we" or “us” or “our”), its subsidiaries and affiliates. This General User Agreement or Terms of Use (the “Agreement” or “Terms of Use”) is made by and between 1. Bainkom 2. The service provider (the “Service Provider”, “you”), who is a company/individual and is engaged in the business of providing the Services and 3. Company or individual engaging the Services of the Service Provider (the “Client” or “you”). The Service Provider, Client and Bainkom shall be individually referred to as “Party”, and collectively as “Parties”. You must read and agree to these Terms of Use (“Terms of Use”) to access and use the platform. These Terms of Use are rules for accessing and using the web and app “Platform” and are important, apply to all merchants, consultants, partners, service providers, clients and contain various legal conditions that you should read carefully.
The Service Provider and Client shall, where appropriate, be jointly referred to as “Customers”.
1. DEFINITIONS
“Account” means an account created by a Customer on the Platform as part of registration.
“Confidential Information” means information disclosed orally or in writing including without limitation, commercial or financial information, processes and operations, plans, strategies, data, know-how, designs, photographs, drawings, specifications, technical literature and any other material made available by the Disclosing Party, in connection with the transaction, “Confidential Information” whether or not defined as Confidential information at the time of its disclosure.
“Platform” is the mobile application or web operated by Bainkom
“Service(s)” Bainkom is a facilitator which provides a Platform to enable Clients post their requirements and Designers to perform tasks in order to meet these deliverables.
2. SERVICES
We enable people seeking home design and furnishing services ("Clients") to find and select designers ("Designers") (both Clients and Designers are "Customers" or “Users”).
Bainkom is not a party to the design services and any other off-line transactions that may take place between Clients and Designers. Bainkom has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. Bainkom does not conduct background checks regarding any Customers (including any Designers) of the Service.
The Customers agree Bainkom is a facilitator and introducer. In no event shall Bainkom be responsible for any actions taken by either the Client or the Service Provider. Bainkom hereby disclaims any liability for any breach of this Agreement by either the Client or the Service Provider, or for any other actions or omissions by either the Client or the Service Provider.
3. PERMITTED USE
As a condition of your use of the Platform, you agree that:
- you are an individual person at least 18 years of age;
- you possess the authority to create a binding legal obligation;
- your use of the Platform will at all times comply with these Terms of Use;
- you understand and agree that you are responsible for the use of your account by anyone you allow to access it;
- you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete; and
- you understand that Bainkom may carry out credit and other checks on you and/or your business.
- you understand and agree not to approach or communicate with any User directly but only through the platform
4. REGISTRATION AND ELIGIBILITY
You may browse the Platform but in order to become a Client or Designer i.e. a User on the Platform, you must create an account.
- Registering as Client:
- Sign up, with your name and email address, phone number.
Add and verify your billing information.
- Start a project, answer our project brief questions, and describe your project, budget, and upload your project and inspirational images to help the designer understand the desired design.
- Browse Designers’ portfolios in our Designers directory in Bainkom website.
- Registering as Designer:
Sign up with your name, email address, phone number.
Submit your portfolio, resume, and cover letter.
Bainkom team will contact you (during working hours) for an introductory interview.
The second step is a technical interview.
Designers will be notified by email if accepted.
Designers then can create a profile on Bainkom Platform.
- Bainkom designers will have access to Bainkom’s publications, training programs, and podcasts.
5. YOUR ACCOUNT
5.1 You use your account upon registration as a User to avail or provide Services on the Platform.
5.2 We may close, suspend or limit your access to your Account. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- Breach of this Terms of Use or any applicable laws
- If it is determined that you have breached legal liabilities (actual or potential), including infringing someone else’s intellectual property rights;
- You do not respond to Account verification requests
- We may in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform for any reason at any time. Such termination will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all content in your Account. Bainkom reserves the right to refuse service to anyone for any reason at any time.
5.3 Users expressly authorize Bainkom to use their trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by them for the purpose of reproduction on the Platform, the Users Accounts and at such other places as Bainkom may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
6. CREATION, EXCHANGE, AND DELIVERY OF CONTENT
User Content. If you are a Client, you may be able to create, post, or share content in the form of pictures of your space, floor plans and household objects ("Client Content") If you are a Designer, the Service may provide you with the ability to create, post, or share content, such as design submissions and pictures for your profile ("Designer Content"; collectively, with Client Content, "User Content"). Bainkom shall claim no ownership or control over such User Content as you or any third part licensor, as appropriate, retain all copyright, patent, and trademark rights to any of User Content that you post, share or exchange through the Platform. You are responsible for protecting such User Content and related rights.
Bainkom’s License Rights. By creating, posting or exchanging User Content on or through the Platform and subject to Bainkom’s Privacy Policy, you grant Bainkom a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display User Content in order to (a) facilitate matches between Designers and Clients and (b) advertise and promote the Service and any other acts to facilitate the Services on the Platform.
Rights to User Content. You Must Have Rights to the Content you Post. You represent and warrant that: (i) you own User Content or otherwise have the right to grant the license set forth in this Terms of Use (ii) the posting and use of User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of User Content on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content that you post on or through the Platform. You also acknowledge and agree that User Content is non-confidential and non-proprietary.
7. PROJECTS
- A Client wishing to engage a Designer and purchase a Design Package through the Service will initiate a "Project". The Project will provide the Client with an opportunity to select from a variety of designers, engage with the designer to receive the Project Deliverables agreed on.
- Designer agrees to provide design services as requested by Bainkom clients for projects submitted through the Bainkom platform. Bainkom agrees to provide the Designer with access to project opportunities and payment for completed projects. All communication and transactions between the Designer and clients must be done through the Bainkom platform. The Designer agrees that Bainkom is just a facilitator and Designer is alone responsible for engagement with the client and completion of any projects for the client undertaken by the Designer.
- A project shall be based on list of deliverables and milestones to be met and agreed between the Parties. Payment shall only be made on the meeting of all the Deliverables. Once the Designer submits a project’s deliverables, the client will have seven business days to review and approve the submission or request a revision. If the client does not take any action for seven business days from the date of the designer's submission, the Bainkom team is authorized to assess and release the money to the Designer. The Designer and client should take no longer than seven business days to respond to either side’s inquiry. If one party does not respond, Bainkom team is authorized to release part of the payment to the other party, depending on the progress of the project.
8. FEES & PAYMENTS
- Each Designer will provide the hourly rate on her/his profile. Bainkom designers will provide a wide range of pricing and expertise.
- The designer agrees to work on projects with the clients who are customers on the Bainkom platform. Before any work begins, the Designer and the client shall agree on a timeline, deliverables, a number of revisions and most importantly the total budget for the project.
- Designers shall pay service fees of each project’s total price to the Bainkom platform as platform usage fees ”Platform Usage Fees”. This Platform Usage Fees shall be applicable for each and every project that the Designer works for through the Bainkom platform.
- Before the Designer starts working on a project, the client will pay the total price to Bainkom, you shall only commence work on any project upon such confirmation by Bainkom. Any work started or done without Bainkom’s approval shall not be valid. The Designer shall receive payment once the project is approved, and project milestones and submissions have been completed and fees are paid to the Bainkom platform. The Designer shall be paid within 30 calendar days of such receipt of fees or any other timeline agreed between you and Bainkom separately.
- Client may not contact a Designer separately other than through this Platform for any purpose which results in Client avoiding paying to Bainkom for future projects with that Designer.
- Designer may not sell furniture or services to Client other than through the Platform.
9. REFUNDS
We understand that designing your space is something very personal. If at some point throughout your project you feel that you don't like the designs presented by the designer, or the communication, you can apply for a refund by sending us an inquiry form. Using this link https://www.bainkom.com/contact-us we will need to discuss the designs you received with you over the phone to get a clear understanding of the issue and the Bainkom team will process it within 30 calendar days. Or you can email us at info@bainkom.com
10. LIABILITY & DISCLAIMER
- Bainkom may change, suspend, or discontinue any aspect of the Platform at any time, including hours of operation or availability of the Platform or any feature, without notice or liability.
- Bainkom does not guarantee the quality of the work provided by the Designer or the reliability of or payment by the Client or any aspect of the legality or substance or content of such understanding and deliverables. Bainkom is not a party to any dealings or other engagements between Client and the Designer via this Platform. Those dealings and engagements remain solely between the Clients, Designers and their respective representatives, if any.
- User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Platform (including, without limitation, Designer and third-party partners (including furniture or design item suppliers). However, to the extent disputes between Users arise in connection with the use of the Platform, Bainkom reserves the right, in its sole and exclusive discretion, to mediate between the Users in an effort to resolve the dispute. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Bainkom of all claims, demands, and damages in disputes among Users of the Platform. You also agree not to involve us in such disputes. If you are solely responsible for your interactions with other Users. You understand that Bainkom does not currently conduct background checks, including criminal background checks, on its Users.
- BAINKOM makes no representations or warranties as to the conduct of Users.
- IN NO EVENT SHALL BAINKOM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS PLATFORM OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING SUCH SERVICES OF ANY OTHER USER. AND IN CONNECTION WITH USING SUCH SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE PLATFORM AND THE BAINKOM EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE PLATFORM, THE INFORMATION PROVIDED THROUGH THE PLATFORM AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE PLATFORM
11. RELATIONSHIP
- No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement/Terms of Use. Without limiting the foregoing, except as expressly set forth herein, Bainkom is not acting and does not act as an agent for any user (Designer or Client or otherwise) of the Service. No Designer or Client or any other user of the Service has any authority to bind or commit Bainkom to any agreements or other obligations.
- BAINKOM is not an employment service platform and does not serve as an employer of any user. While certain Bainkom employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of Bainkom. Bainkom is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Platform.
12. TERMINATION
This Terms of Use is effective until terminated by you or Bainkom. Your rights under this Terms of Use shall automatically terminate without notice from Bainkom if you fail to comply with any term(s) of the Terms of Use (including by violating any license restriction provided herein). You may terminate this Terms of Use by stopping to use the Platform and any access to the website. Upon any termination of these Terms of Use, you must immediately cease all use of the Platform immediately. If you are Designer who is working on a Project and terminate your account before you have completely delivered the Project deliverables, you may not be allowed to use the Platform in the future.
13. INDEMNITY
You agree to defend, indemnify, and hold harmless the Bainkom from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Bainkom Content or Designs, (iii) any services you did or did not receive from any Designer, or (iv) your breach of this Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding.
14. MISCELLENEOUS
- Bainkom reserves the right to amend these Terms of Use periodically without notice. The revised Terms of Use shall be posted on the Platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
- You may not assign these Terms of Use or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Bainkom. Bainkom reserves the right to assign, including all its rights hereunder, without restriction.
- These Terms of Use together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Bainkom.
15. GOVERNING LAW & JURISDICTION
You agree that the laws of the United Arab Emirates shall apply to all matters relating to the use of the Platform. You accept and agree that in case of any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai, United Arab Emirates.
16. DELIVERY POLICY
www.bainkom.com will to the best of its endeavours , shall comply with OFAC (Office of Foreign Assets Control) guidelines to the best of its knowledge and shall comply with the applicable laws of UAE.
17. CONTACT
If you have any questions about these Terms of Use or any other queries, you can contact us by email info@bainkom.com or can call us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4).
CAMPAIGN‑SPECIFIC TERMS
1. Definitions
- Campaign: Any promotional contest run by Bainkom FZ‑LLC (“Bainkom”) on its official online channels.
- Participant: A natural person submitting a valid entry in accordance with these Terms.
- Prize: The item or service specified in the relevant Campaign announcement (collectively, the “Announcement”).
2. Eligibility
- Participants must be at least 18 years old and hold a public account on the platform hosting the Campaign.
- Employees of Bainkom FZ‑LLC, Designers on the Bainkom Platform, and employees of Bainkom’s subsidiaries, sister companies, and affiliates, together with their immediate family members, are ineligible.
3. How to Enter
3.1 During the Campaign Period, Participants must:
- Follow Bainkom’s official account(s) on the hosting platform;
- Complete the engagement steps stated in the Announcement (e.g., comment, tag, like, share); and
- Comply with any additional criteria listed in the Announcement.
3.2 Each compliant submission counts as one (1) Entry. Participants may tag additional friends in separate comments; each unique comment tagging different friends and meeting all Campaign rules will count as an additional Entry, if such multi-entry is expressly permitted in the Announcement.
3.3 Incomplete or non‑compliant submissions are void.
4. Winner Selection & Notification
- Within seven (7) calendar days of Campaign close, Bainkom will randomly select the winner(s) from all eligible Entries that meet the stated criteria.
- Winner(s) will be notified via direct message on the hosting platform and publicly announced on Bainkom’s official channels.
- If a winner fails to respond within seven (7) calendar days, Bainkom may appoint an alternate winner by the same method.
5. Prize Fulfilment
- If the winner resides in the UAE, the physical Prize will be delivered within the UAE.
- If the winner resides outside the UAE, Bainkom will pay the retail value of the Prize in UAE Dirhams (AED) via an approved payment channel. Transfer fees, exchange‑rate differences, and any local legal restrictions are the winner’s responsibility.
- Bainkom may substitute the Prize with an item or cash of equal or higher value if the original Prize becomes unavailable.
6. Publicity Rights
By entering, Participants grant Bainkom the right to repost their entry and publish their handle or name for Campaign‑related promotional purposes. Winner(s) may be asked to share a photo or short video upon receiving the Prize.
7. General Conditions
- Bainkom may cancel, suspend, or amend any Campaign due to technical, legal, or other unforeseen issues.
- Entries Bainkom deems offensive, defamatory, or fraudulent will be disqualified.
- Campaigns are not sponsored, endorsed, or administered by, or associated with, any hosting platform.
8. Data Protection
Personal data collected will be processed solely for Campaign administration in line with Bainkom’s Privacy Policy and applicable UAE data‑protection laws.
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Privacy Policy
Bainkom “Bainkom FZ-LLC” (referred to as ‘we’, ‘our’, ‘us’ or ‘Bainkom’) is committed to protecting the privacy of every one of our users. The website www.bainkom.com , the mobile and touch versions and any sites is owned and operated by Bainkom, and this Privacy Policy pertains to the existing platform. Bainkom is a platform where our affiliates and other unaffiliated third-party clients (collectively “Clients”) can list jobs or requirements and designers with adequate background and experience can apply for these jobs/requirements (hereinafter designers shall be referred to as “Designer(s)”). We are always here to address your questions about the privacy of the personal information you register with us, and we obtain by other means and how we use, control, process and share it.
Please read this Privacy Policy (“Privacy Policy”) carefully, in its entirety before using our websites, applications and other website products or services. If you have any questions or concerns that haven’t been answered by this document, you can call us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4) or email us on info@bainkom.com
We collect through different mediums i.e. our websites, mobile applications, products, and services (collectively, the “Services”) your (“you”, “your” meaning the user, reader) information and data. You should use this Privacy Policy to evaluate how you use our Services, provide information to us, and make selections about how you manage the information we collect from you in relation to your use of our Services.
By using and accessing our Services, you agree to be bound by this Privacy Policy. This Privacy Policy may change from time to time. Please visit the Platform frequently for updates. You should at once cease using our Services if you do not agree to this Privacy Policy
How do we obtain your information?
We collect a combination of personal and statistical information based on the consent about everyone who uses our site- whether or not you are a registered user. We store all your information with utmost attention to privacy and security in the UAE. Information voluntarily and willingly provided to us by You or legally collected by us while you are using our Services, is our property.
We also comply with the Payment Card Industry Data Security Standards, which means we regularly assess the vulnerability of all our IP addresses to external interference and we use Secure Socket Layers (SSLs), which encrypt data when you log in or make a payment.
Personal Information we require.
All our registered users are asked to provide us with the following personal details:
- Full Name
- Email address
- Contact Number
- Address, Country
- Website or LinkedIn profile if available
Other information we might collect.
Bainkom and our third-party partners, for example advertisers, Clients, brands and content providers, may also collect statistical information about you while you use our site. Statistical information that we gather may include where a user is and on the Internet (e.g. the URL that they last came from, the computer’s IP address and the domain types like .com and .ae that the user uses), browser type, which language content is being viewed in, the country and telephone area code where the computer is located, the pages of our website that were viewed during the visit, the advertisements that were clicked on and any search terms that were entered on our website. We do not use this information to identify you personally and we may collect it even if you are not a registered Bainkom user.
We also save all email contact that our customers have with Bainkom. This is for the purpose of quality control and the development of our services- but we may also collect additional personal data and information from your telephone calls and emails.
Social networking
You may also manage to share certain personal data with us when you connect with us through social networking platforms or applications. Please refer to below and also the privacy policy and settings of the social networking website or application to determine how you may adjust our permissions and manage the interactivity between us and your social networking account or your mobile device.
Cookies
Cookies are small text files that gather information about non- personally identifiable visitors to websites. IP and ULR addresses are gathered through the use of Cookies- as well as the date and time of a visit to our site. Cookies help customize your Internet experience and are used on most commercial sites. They allow us to help bring you the offers, advertisements and features that are most relevant to you and allow you to save personal details on your browser, such as your password, which will be accessible next time you visit our site. You can adjust your browser to alert you when a website is trying to send you cookies and also to block all cookies whilst visiting our site. Blocking cookies will mean that you are only able to use Bainkom for the purpose of browsing and researching rather than purchasing products. Through the use of cookies, we can track previous websites that our visitors and other users of the IP address have been to as well as the search terms entered by users. Cookies are used purely for the purpose of statistical analysis of traffic flows for the improvement of our website and are never stored in a form in which individual users can be identified. Therefore, they are not used to collecting personal information about you. The statistical data collected as a result of Cookies is not transferred to our third-party partners in a form that discloses any of your personal details in connection with them. Please be aware that our providers of advertising and content on our site may also use cookies to collect data about traffic flows themselves. We make sure that all our partners follow stringent security and privacy procedures.
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
How do we use your information?
We only use your information to provide you the Services, show relevant offers, advertising, send you specially selected emails about deals that we think will interest you, send you relevant direct marketing messages and other communications via email or push notifications, in order to adhere to legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes and preventing fraud. We don’t sell your information to any third-party organizations and only share it with our trusted partners who help make your experience on Bainkom what it is. It is our responsibility to protect your personal information from unauthorized access by third parties. The details collected from you do not include your credit card details.
Security, Collection and Retention of Information
We make sure to store your data in such a way that it cannot be attributed to you and is anonymized. Information that directly identifies you is stored separately from data that does not directly identify you. We maintain your information collected on our secure servers and systems and use the best industry-standard practices to avoid loss, misuse or alteration of such information in the UAE as per law.
Please note that no transmission of information over the internet is 100% secure. While we evaluate our methods regularly and take measures to implement safeguards and controls to store and transfer your information securely, we cannot warrant the security of any information transmitted from or to our servers.
The data collected is stored in the United Arab Emirates.
Unless otherwise required by law, your Personal Information will be maintained by us only for such time as may be required to fulfil the objectives and purposes for which such information has been collected, enforce our agreements, and resolve disputes, if any.
Legal
We may disclose the information collected from you, if necessary, to exercise one or more legal claims and/or assert certain legal rights (including yours).
Why do we collect this information?
We collect this information so we can personalize your experience with us and the Services provided and make sure you can easily find what you really want and need. We also use it for statistical and survey purposes, to make sure you’re included when we consider making site changes and/or adding new modifications to the platform (both app and website) and ensure the web content advertisements appearing on your screen are specially tailored to your needs. We will only contact you by email about special offers and deals with your prior consent.
We use cookies to assess which advertisements you access, and which areas of the site are viewed the most. By measuring traffic flow in this way, we can assess our most popular features as well as areas that need improvement. We do not store any information from cookies for longer than your session on our site lasts, although you can choose to store information by saving your trolley or password.
Who do we share your information with?
We share your personally identifiable information with your consent with affiliates, business partner, with reputable third parties that provide tools and services to help us better understand your offer requirements and preferences, with payment processing agencies, with Clients or Business Partners where you have redeemed a voucher, goods, or services offered by them or participated in an offer, rewards, contest, campaign , gig, job or other activity backed by them through us;
All of the third parties that work together with you in processing your personal information have stringent confidentiality and security measures and are committed to preventing the misuse of your personal information. We also reserve the right to share your personal details if we believe it is necessary to comply with the law, to protect the safety of Bainkom or the safety of our users or to protect Bainkom property rights.
We may share non-personally identifiable information, such as your URL or IP address with third party advertisers or third-party advertising companies. This information CANNOT be traced to your personal details.
Your information, your rights
You have the right to access all, delete, and modify any part of the personally identifiable information we keep about you if you inform us of your request in writing. You can contact us info@bainkom.com and request us to provide you with all the personally identifiable information that we store about you. You also have the right to update and/or the right to request to destroy all personally identifiable information that we keep on our records. See the following paragraph for more details.
Changing your personal information on Bainkom
Once you change or revise your personal information on Bainkom, we will only contact or refer to you by the newest information that you have provided. Because we make periodic back-ups of information, we may not be able to completely delete your former details, but we will not use them for any promotional and/or customer contact reasons.
To change or revise any of the personal information we hold about you, just contact us at info@bainkom.com.
Opting Out
Bainkom users are given the option of registering for our newsletter and other news about special offers and deals. If, at any time, you prefer not to receive email marketing information from us please follow the unsubscribe link at the bottom of each email OR contact us at info@bainkom.com and instruct us to remove your email address from our database. For us to be able to do so, please include your email address in the body of your email and write "Unsubscribe" in the subject line." We will process your request as soon as we can. In this way you are modifying your Bainkom account settings, rather than cancelling your membership.
If you wish to cancel your Bainkom account, please send our Customer Services department an email - with the words ‘Cancel Account’ in the title. Your account will be cancelled, and we will delete all personal details that we have stored about you within 28 days. However, we are not responsible for contacting and/ or deleting the personal details about you that we have shared with our trusted partners.
How to exercise your rights under the Personal Data Protection Law UAE “PDP ”
To exercise your rights under the PDP, please submit a request by either (1) clicking here; https://www.bainkom.com/contact-us or (2) emailing us at info@bainkom.com You must (1) describe your request in sufficient detail, and (2) include information that allows us to confirm your identity. We will use your request only to verify your identity and respond to you (if possible). We cannot respond to your request if we are not able to verify your identity. You will not need to create an account to assert your rights. We endeavor to answer all requests within 30 days. In some cases, a response may be delayed by as much as 45 days, though in that case we will inform you of the reason.
Privacy Policies of Third Parties
This Privacy Policy only addresses the gathering, processing, and use (including disclosure) of personal data by us through your use of the Site. Other websites that may be accessible through links from the platform may have their own privacy policies and personal data collection, processing, use, and disclosure practices. Bainkom’s business partners may also have their own privacy policies. We motivate you to familiarize yourself with the privacy policies provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.
Contact Us and DPO
We may update this Privacy Policy from time to time, hence request you to visit our page to keep yourself familiarized. If you have any queries about our privacy practices or this Privacy Policy, please contact us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4). We have a data protection officer who can be reached on info@bainkom.com
TERMS and Conditions
User Agreement
This web or mobile application is operated by Bainkom FZ-LLC (“Bainkom” or "we" or “us” or “our”), its subsidiaries and affiliates. This General User Agreement or Terms of Use (the “Agreement” or “Terms of Use”) is made by and between 1. Bainkom 2. The service provider (the “Service Provider”, “you”), who is a company/individual and is engaged in the business of providing the Services and 3. Company or individual engaging the Services of the Service Provider (the “Client” or “you”). The Service Provider, Client and Bainkom shall be individually referred to as “Party”, and collectively as “Parties”. You must read and agree to these Terms of Use (“Terms of Use”) to access and use the platform. These Terms of Use are rules for accessing and using the web and app “Platform” and are important, apply to all merchants, consultants, partners, service providers, clients and contain various legal conditions that you should read carefully.
The Service Provider and Client shall, where appropriate, be jointly referred to as “Customers”.
1. DEFINITIONS
“Account” means an account created by a Customer on the Platform as part of registration.
“Confidential Information” means information disclosed orally or in writing including without limitation, commercial or financial information, processes and operations, plans, strategies, data, know-how, designs, photographs, drawings, specifications, technical literature and any other material made available by the Disclosing Party, in connection with the transaction, “Confidential Information” whether or not defined as Confidential information at the time of its disclosure.
“Platform” is the mobile application or web operated by Bainkom
“Service(s)” Bainkom is a facilitator which provides a Platform to enable Clients post their requirements and Designers to perform tasks in order to meet these deliverables.
2. SERVICES
We enable people seeking home design and furnishing services ("Clients") to find and select designers ("Designers") (both Clients and Designers are "Customers" or “Users”).
Bainkom is not a party to the design services and any other off-line transactions that may take place between Clients and Designers. Bainkom has no control over any claims made by Designers about the products or services they may offer or the truth or accuracy of the listings created by Designers, the ability of Designers to provide the products or services as claimed by Designers (even if through the Service) or the ability of Clients to pay for any products or services offered by Designers. Bainkom does not conduct background checks regarding any Customers (including any Designers) of the Service.
The Customers agree Bainkom is a facilitator and introducer. In no event shall Bainkom be responsible for any actions taken by either the Client or the Service Provider. Bainkom hereby disclaims any liability for any breach of this Agreement by either the Client or the Service Provider, or for any other actions or omissions by either the Client or the Service Provider.
3. PERMITTED USE
As a condition of your use of the Platform, you agree that:
- you are an individual person at least 18 years of age;
- you possess the authority to create a binding legal obligation;
- your use of the Platform will at all times comply with these Terms of Use;
- you understand and agree that you are responsible for the use of your account by anyone you allow to access it;
- you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete; and
- you understand that Bainkom may carry out credit and other checks on you and/or your business.
- you understand and agree not to approach or communicate with any User directly but only through the platform
4. REGISTRATION AND ELIGIBILITY
You may browse the Platform but in order to become a Client or Designer i.e. a User on the Platform, you must create an account.
- Registering as Client:
- Sign up, with your name and email address, phone number.
Add and verify your billing information.
- Start a project, answer our project brief questions, and describe your project, budget, and upload your project and inspirational images to help the designer understand the desired design.
- Browse Designers’ portfolios in our Designers directory in Bainkom website.
- Registering as Designer:
Sign up with your name, email address, phone number.
Submit your portfolio, resume, and cover letter.
Bainkom team will contact you (during working hours) for an introductory interview.
The second step is a technical interview.
Designers will be notified by email if accepted.
Designers then can create a profile on Bainkom Platform.
- Bainkom designers will have access to Bainkom’s publications, training programs, and podcasts.
5. YOUR ACCOUNT
5.1 You use your account upon registration as a User to avail or provide Services on the Platform.
5.2 We may close, suspend or limit your access to your Account. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- Breach of this Terms of Use or any applicable laws
- If it is determined that you have breached legal liabilities (actual or potential), including infringing someone else’s intellectual property rights;
- You do not respond to Account verification requests
- We may in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform for any reason at any time. Such termination will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all content in your Account. Bainkom reserves the right to refuse service to anyone for any reason at any time.
5.3 Users expressly authorize Bainkom to use their trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by them for the purpose of reproduction on the Platform, the Users Accounts and at such other places as Bainkom may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
6. CREATION, EXCHANGE, AND DELIVERY OF CONTENT
User Content. If you are a Client, you may be able to create, post, or share content in the form of pictures of your space, floor plans and household objects ("Client Content") If you are a Designer, the Service may provide you with the ability to create, post, or share content, such as design submissions and pictures for your profile ("Designer Content"; collectively, with Client Content, "User Content"). Bainkom shall claim no ownership or control over such User Content as you or any third part licensor, as appropriate, retain all copyright, patent, and trademark rights to any of User Content that you post, share or exchange through the Platform. You are responsible for protecting such User Content and related rights.
Bainkom’s License Rights. By creating, posting or exchanging User Content on or through the Platform and subject to Bainkom’s Privacy Policy, you grant Bainkom a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display User Content in order to (a) facilitate matches between Designers and Clients and (b) advertise and promote the Service and any other acts to facilitate the Services on the Platform.
Rights to User Content. You Must Have Rights to the Content you Post. You represent and warrant that: (i) you own User Content or otherwise have the right to grant the license set forth in this Terms of Use (ii) the posting and use of User Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of User Content on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of User Content that you post on or through the Platform. You also acknowledge and agree that User Content is non-confidential and non-proprietary.
7. PROJECTS
- A Client wishing to engage a Designer and purchase a Design Package through the Service will initiate a "Project". The Project will provide the Client with an opportunity to select from a variety of designers, engage with the designer to receive the Project Deliverables agreed on.
- Designer agrees to provide design services as requested by Bainkom clients for projects submitted through the Bainkom platform. Bainkom agrees to provide the Designer with access to project opportunities and payment for completed projects. All communication and transactions between the Designer and clients must be done through the Bainkom platform. The Designer agrees that Bainkom is just a facilitator and Designer is alone responsible for engagement with the client and completion of any projects for the client undertaken by the Designer.
- A project shall be based on list of deliverables and milestones to be met and agreed between the Parties. Payment shall only be made on the meeting of all the Deliverables. Once the Designer submits a project’s deliverables, the client will have seven business days to review and approve the submission or request a revision. If the client does not take any action for seven business days from the date of the designer's submission, the Bainkom team is authorized to assess and release the money to the Designer. The Designer and client should take no longer than seven business days to respond to either side’s inquiry. If one party does not respond, Bainkom team is authorized to release part of the payment to the other party, depending on the progress of the project.
8. FEES & PAYMENTS
- Each Designer will provide the hourly rate on her/his profile. Bainkom designers will provide a wide range of pricing and expertise.
- The designer agrees to work on projects with the clients who are customers on the Bainkom platform. Before any work begins, the Designer and the client shall agree on a timeline, deliverables, a number of revisions and most importantly the total budget for the project.
- Designers shall pay service fees of each project’s total price to the Bainkom platform as platform usage fees ”Platform Usage Fees”. This Platform Usage Fees shall be applicable for each and every project that the Designer works for through the Bainkom platform.
- Before the Designer starts working on a project, the client will pay the total price to Bainkom, you shall only commence work on any project upon such confirmation by Bainkom. Any work started or done without Bainkom’s approval shall not be valid. The Designer shall receive payment once the project is approved, and project milestones and submissions have been completed and fees are paid to the Bainkom platform. The Designer shall be paid within 30 calendar days of such receipt of fees or any other timeline agreed between you and Bainkom separately.
- Client may not contact a Designer separately other than through this Platform for any purpose which results in Client avoiding paying to Bainkom for future projects with that Designer.
- Designer may not sell furniture or services to Client other than through the Platform.
9. REFUNDS
We understand that designing your space is something very personal. If at some point throughout your project you feel that you don't like the designs presented by the designer, or the communication, you can apply for a refund by sending us an inquiry form. Using this link https://www.bainkom.com/contact-us we will need to discuss the designs you received with you over the phone to get a clear understanding of the issue and the Bainkom team will process it within 30 calendar days. Or you can email us at info@bainkom.com
10. LIABILITY & DISCLAIMER
- Bainkom may change, suspend, or discontinue any aspect of the Platform at any time, including hours of operation or availability of the Platform or any feature, without notice or liability.
- Bainkom does not guarantee the quality of the work provided by the Designer or the reliability of or payment by the Client or any aspect of the legality or substance or content of such understanding and deliverables. Bainkom is not a party to any dealings or other engagements between Client and the Designer via this Platform. Those dealings and engagements remain solely between the Clients, Designers and their respective representatives, if any.
- User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Platform (including, without limitation, Designer and third-party partners (including furniture or design item suppliers). However, to the extent disputes between Users arise in connection with the use of the Platform, Bainkom reserves the right, in its sole and exclusive discretion, to mediate between the Users in an effort to resolve the dispute. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Bainkom of all claims, demands, and damages in disputes among Users of the Platform. You also agree not to involve us in such disputes. If you are solely responsible for your interactions with other Users. You understand that Bainkom does not currently conduct background checks, including criminal background checks, on its Users.
- BAINKOM makes no representations or warranties as to the conduct of Users.
- IN NO EVENT SHALL BAINKOM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS PLATFORM OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE PLATFORM, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING SUCH SERVICES OF ANY OTHER USER. AND IN CONNECTION WITH USING SUCH SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE PLATFORM AND THE BAINKOM EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE PLATFORM, THE INFORMATION PROVIDED THROUGH THE PLATFORM AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE PLATFORM
11. RELATIONSHIP
- No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement/Terms of Use. Without limiting the foregoing, except as expressly set forth herein, Bainkom is not acting and does not act as an agent for any user (Designer or Client or otherwise) of the Service. No Designer or Client or any other user of the Service has any authority to bind or commit Bainkom to any agreements or other obligations.
- BAINKOM is not an employment service platform and does not serve as an employer of any user. While certain Bainkom employees may apply for and become Designers, any services or transactions engaged in by such Designers is solely in their independent capacity and not as an employee of Bainkom. Bainkom is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Platform.
12. TERMINATION
This Terms of Use is effective until terminated by you or Bainkom. Your rights under this Terms of Use shall automatically terminate without notice from Bainkom if you fail to comply with any term(s) of the Terms of Use (including by violating any license restriction provided herein). You may terminate this Terms of Use by stopping to use the Platform and any access to the website. Upon any termination of these Terms of Use, you must immediately cease all use of the Platform immediately. If you are Designer who is working on a Project and terminate your account before you have completely delivered the Project deliverables, you may not be allowed to use the Platform in the future.
13. INDEMNITY
You agree to defend, indemnify, and hold harmless the Bainkom from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Bainkom Content or Designs, (iii) any services you did or did not receive from any Designer, or (iv) your breach of this Terms of Use. We will provide notice to you promptly of any such claim, suit, or proceeding.
14. MISCELLENEOUS
- Bainkom reserves the right to amend these Terms of Use periodically without notice. The revised Terms of Use shall be posted on the Platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
- You may not assign these Terms of Use or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Bainkom. Bainkom reserves the right to assign, including all its rights hereunder, without restriction.
- These Terms of Use together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Bainkom.
15. GOVERNING LAW & JURISDICTION
You agree that the laws of the United Arab Emirates shall apply to all matters relating to the use of the Platform. You accept and agree that in case of any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai, United Arab Emirates.
16. DELIVERY POLICY
www.bainkom.com will to the best of its endeavours , shall comply with OFAC (Office of Foreign Assets Control) guidelines to the best of its knowledge and shall comply with the applicable laws of UAE.
17. CONTACT
If you have any questions about these Terms of Use or any other queries, you can contact us by email info@bainkom.com or can call us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4).
CAMPAIGN‑SPECIFIC TERMS
1. Definitions
- Campaign: Any promotional contest run by Bainkom FZ‑LLC (“Bainkom”) on its official online channels.
- Participant: A natural person submitting a valid entry in accordance with these Terms.
- Prize: The item or service specified in the relevant Campaign announcement (collectively, the “Announcement”).
2. Eligibility
- Participants must be at least 18 years old and hold a public account on the platform hosting the Campaign.
- Employees of Bainkom FZ‑LLC, Designers on the Bainkom Platform, and employees of Bainkom’s subsidiaries, sister companies, and affiliates, together with their immediate family members, are ineligible.
3. How to Enter
3.1 During the Campaign Period, Participants must:
- Follow Bainkom’s official account(s) on the hosting platform;
- Complete the engagement steps stated in the Announcement (e.g., comment, tag, like, share); and
- Comply with any additional criteria listed in the Announcement.
3.2 Each compliant submission counts as one (1) Entry. Participants may tag additional friends in separate comments; each unique comment tagging different friends and meeting all Campaign rules will count as an additional Entry, if such multi-entry is expressly permitted in the Announcement.
3.3 Incomplete or non‑compliant submissions are void.
4. Winner Selection & Notification
- Within seven (7) calendar days of Campaign close, Bainkom will randomly select the winner(s) from all eligible Entries that meet the stated criteria.
- Winner(s) will be notified via direct message on the hosting platform and publicly announced on Bainkom’s official channels.
- If a winner fails to respond within seven (7) calendar days, Bainkom may appoint an alternate winner by the same method.
5. Prize Fulfilment
- If the winner resides in the UAE, the physical Prize will be delivered within the UAE.
- If the winner resides outside the UAE, Bainkom will pay the retail value of the Prize in UAE Dirhams (AED) via an approved payment channel. Transfer fees, exchange‑rate differences, and any local legal restrictions are the winner’s responsibility.
- Bainkom may substitute the Prize with an item or cash of equal or higher value if the original Prize becomes unavailable.
6. Publicity Rights
By entering, Participants grant Bainkom the right to repost their entry and publish their handle or name for Campaign‑related promotional purposes. Winner(s) may be asked to share a photo or short video upon receiving the Prize.
7. General Conditions
- Bainkom may cancel, suspend, or amend any Campaign due to technical, legal, or other unforeseen issues.
- Entries Bainkom deems offensive, defamatory, or fraudulent will be disqualified.
- Campaigns are not sponsored, endorsed, or administered by, or associated with, any hosting platform.
8. Data Protection
Personal data collected will be processed solely for Campaign administration in line with Bainkom’s Privacy Policy and applicable UAE data‑protection laws.
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Get started with Bainkom, your personal gateway to expert designers, tailored just for you!