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.

1. 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.
      
2. 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 [email protected]

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 [email protected] or can call us on (+971 50 733 8414), Monday-Friday, 10AM to 5PM (GMT +4).

CAMPAIGN‑SPECIFIC TERMS