User Agreement

Last updated: 1 January 2023

Apple is not a sponsor nor is it involved in the activities of Big Bunny Bucks campaign draws in any manner.

This User Agreement for our Services (as defined below) is divided into multiple sections. Please read this Agreement carefully before accepting.

The 'Big Bunny Bucks’ application and website www.bigbunnybucks.com is operated by DxBeyond LLC, an entity set up for Dubai Festivals and Retail Establishment for the purpose of operating and managing Big Bunny Bucks (together referred to as "Big Bunny Bucks", "we", "us", "our").

You, the user ("user", "you", "your") agree and understand that by clicking and accepting this User Agreement, you confirm to have read, understood, and acknowledged to be bound by our terms to access and use our Big Bunny Bucks websites, and Big Bunny Bucks App (together the "Platform").

This User Agreement and Privacy Policy (together the "Terms") set out the basis upon which you can access and use the Platform. The Terms apply regardless of how you access the Platform and regardless of the technologies or devices by which the Platform is made available to you. Other terms and conditions may be applicable to certain specific products, services, offers or contest draws ("Services") made available on our Platform, either directly or through third-party sites.

Nothing in these Terms affects your statutory rights as a consumer under applicable laws.

1. Big Bunny Bucks APP
   1. The following provisions apply with respect to your use of any version of the Big Bunny Bucks App.
      1. By creating an account on the Platform, you have access to the Big Bunny Bucks App where you may purchase goods and Services.
         
      2. In order to enter a Draw on the Platform, you will need to purchase shopping cards available on the Platform. Once you have purchased a shopping card, you will receive a Ticket to enter a Draw. Depending on the outcome of the Draw, you may win Prizes. Please refer to the Draw Terms in this User Agreement for further details of how our Draws work
         
2. PRIVACY POLICY
   1. The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of the Terms.
      
3. ELIGIBILITY FOR MEMBERSHIP
   1. It is imperative for Big Bunny Bucks to ensure that users of the Platform are able to enter into legally binding contracts and that minors do not purchase, use, or have access to unsuitable content. Membership and/or use of the Platform is not available to persons under the age of 21 years old or the legal age applicable in your jurisdiction to enter into a contract, if different. By using the Platform, you represent and warrant that you are of the correct legal age to enter into this User Agreement in the jurisdiction you are in, and that all information you submit is accurate and truthful when registering any information with the Platform or providing any information to us.
      
   2. The Platform is not available to users whose membership has been refused, limited, suspended or withdrawn by Big Bunny Bucks.
      
   3. No user may register on the Platform as a member more than once.
      
4. REGISTRATION AND MEMBERSHIP OBLIGATIONS
   1. In order to access the Services and utilise the Platform, you will be required to create an account and register information with us in order to create a membership ("Membership"). You agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the Membership under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to refuse a Membership, or limit, suspend or withdraw access to the Platform to any person at any time and for any reason.
      
   2. You are responsible for promptly updating details of your Membership such that the details are at all times considered true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Big Bunny Bucks suspects in our sole discretion that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, we have the right to suspend indefinitely, limit or withdraw your Membership and/or your access to the Platform.
      
   3. When registering your account on the Platform in order to create your Membership, you will be required to provide certain information and register a username and password for use of the Platform. To keep your Platform account secure you have to protect your account through reasonable means, and you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, your Platform account and password.
      
   4. You agree to accept responsibility for all activities that occur under your Platform account. If someone other than you uses the Platform with your login information you will be held accountable for all actions taken in your name.
      
   5. You may not, at any point in time, use any other person's Membership. You agree to reimburse Big Bunny Bucks in full for any costs, expenses and damages caused by improper, unauthorized or illegal use of your Membership and password by you or any person obtaining access to the Platform.
      
   6. You may not transfer or sell your Membership or account details to another party and you undertake that you are solely responsible for all activity conducted on the Platform through the use of your Membership.
      
5. ELECTRONIC COMMUNICATION
   1. To fulfil our obligations to you under these Terms, we may wish to communicate with you by email, by other forms of electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
      
6. YOUR USE OF THE PLATFORM
   1. You may not access or use the Platform or the Services for any purpose other than the purpose for which we make the Platform or the Services, as applicable, available to you and you may not use either the Platform or the Services in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
      
   2. Without limiting the generality of clause 6.1, when accessing the Platform, or using our Services, you should not:
      1. post or transmit false, inaccurate, misleading, defamatory, or libellous content (including but not limited to during the registration process);
         
      2. violate any third-party rights, including intellectual property rights;
         
      3. advertise to, or solicit, any user to buy or sell any Services, except with the express written approval of us;
         
      4. transmit chain letters or junk email to other users;
         
      5. use any information obtained from the Services in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent;
         
      6. attempt to impersonate another user or person;
         
      7. use the username or account of another user;
         
      8. use any information obtained from the Services and Platform in order to harass, abuse or harm another user or person;
         
      9. accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Services on behalf of that person;
         
      10. use the Platform in a manner inconsistent with any and all applicable laws and regulations; and
          
      11. otherwise, incur any liability to the Platform or us.
          
   3. You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless law prohibits such restriction or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose (for example, you may not "scrape" the Platform through automated means or "frame" any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
      
   4. You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
      
   5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the Platform or to us.
      
   6. You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person's use of the Platform
      
7. PAYMENT AND REFUND
   1. If you make a payment for one of our Services available on our Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Please ensure you have read the applicable terms and conditions provided by your bank prior to the transaction.
      
   2. Multiple transactions by you on our Platform may result in multiple postings to your monthly credit or debit card statement.
      
   3. The product prices displayed on our Platform are inclusive of VAT. You may be charged in AED (United Arab Emirates' Dirham) or US Dollar (United States Dollar) depending on where you are using the Platform from and what type of credit or debit card you are using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates. We are not responsible and shall not compensate you for any loss that occurs due to these rate fluctuations. Big Bunny Bucks gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
      
   4. For any defective products sold by Big Bunny Bucks, we will offer you a remedy in compliance with applicable laws. You acknowledge and agree that any refunds requested by you may affect your participation in Draws and chance to win Prizes (as set out in more detail in the Draw Terms). This is because your entry into the Draws are directly correlated to your purchase of the products and Services available on the Platform.
      
8. INTELLECTUAL PROPERTY RIGHTS
   1. The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Big Bunny Bucks, and are subject to copyright and other intellectual property rights under UAE and foreign laws and international conventions.
      
   2. In connection with the Services, the Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to Big Bunny Bucks. You shall, in no event, reverse engineer, decompile, or disassemble such content and nothing herein shall be construed to grant you any right in relation to such content. Materials on the Platform are provided to you "as is" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
      
   3. Big Bunny Bucks reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein.
      
   4. Content displayed on or through the provision of the Services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
      
   5. You will be exposed to Materials from a variety of sources, and, as far as the applicable law allows, Big Bunny Bucks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and you agree and assume all liability for your use of any such Materials
      
9. DISCLAIMER FOR THIRD-PARTY APPLICATIONS
   1. The use of any third-party application is subject to any terms and conditions provided with such third-party application and is not governed by us. Big Bunny Bucks is not responsible for any third-party applications, and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third-party applications (including any content therein) and Big Bunny Bucks hereby disclaims any and all liability to you or any third-party related thereto.
      
   2. Big Bunny Bucks does not have any obligation to examine or scan third-party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third-party applications. The fact that a third-party application is available via any online platform or otherwise is not an endorsement, authorization or representation of Big Bunny Bucks's affiliation with any third-party, nor is it an endorsement of such third-party application and you hereby waive any legal or equitable rights or remedies you have or may have against Big Bunny Bucks with respect thereto. Big Bunny Bucks exercises no control over third-party applications, products, services, software or any online platform and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software and any online platform. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party applications, products, services, software and any online platform.
      
10. DISCLAIMER OF WARRANTY
    1. To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, the Materials and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, whether expressed or implied.
       
    2. Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the Platform. We try to make sure that the data is correct and up to-date together with our partners, but we cannot guarantee that it will always be.
       
11. LIMITATIONS OF LIABILITY
    1. To the maximum extent permissible by applicable law, we, our group entities, subsidiaries and affiliates ("Companies"), and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
       1. shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, and the payment by you;
          
       2. are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages;
          
       3. exclude any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of the Platform; and
          
       4. expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
          
    2. In conjunction with the limitation of warranties as explained herein, you expressly understand and agree that our maximum liability for any claim against us shall be limited to an amount of AED 100, for use of our Platform and/or Services.
       
12. INDEMNITY
    
    1. You agree to defend, indemnify and hold harmless Big Bunny Bucks and its Companies, and its and their officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your breach of any provision of this User Agreement; (ii) your breach of any third-party right, including without limitation any copyright, trademark, trade secret or other intellectual property, or privacy right; (iii) your use of the Platform or the Services, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third-party. This defence and indemnification obligation will survive termination, modification or expiration of this User Agreement and your use of the Services and the Platform.
       
13. LIMITATION AND TERMINATION OF SERVICES
    1. Big Bunny Bucks may establish limits from time to time concerning use of the Services, including among others, the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other content that may be transmitted or stored by the Services, and the frequency with which you may access the Services or the Platform.
       
    2. Big Bunny Bucks reserves the right at any time to modify or discontinue the Service on the Platform (or any part thereof) with or without notice (without the need for a court order), and that Big Bunny Bucks shall not be liable to you or to any third-party for any such modification, suspension or discontinuance of the Service
       
    3. In the event of termination, you will no longer be authorized to access the Platform or your Membership, and we reserve the right to use any means possible to enforce this termination. You undertake to immediately notify Big Bunny Bucks of any unauthorized use of your Membership or any other security breach.
       
    4. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
       
14. FORCE MAJEURE
    1. Under no circumstances will we be held liable for any delay or failure or disruption of the Services delivered through the Platform or any disruption to the Platform itself resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
       
15. GENERAL INFORMATION
    1. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
       
    2. No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
       
    3. Assignment and third-party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third-party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third-party at our discretion and without the need for your consent or the requirement to provide you with notice.
       
16. GOVERNING LAW AND DISPUTE RESOLUTION
    1. The Terms shall be governed by and construed under the laws of the Dubai International Financial Centre ("DIFC"), Dubai, United Arab Emirates.
       
    2. These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
       
17. CONTACT
    1. You can contact us at: [email protected].
       
18. Big Bunny Bucks DRAW TERMS ("DRAW TERMS")
    1. In addition to your agreement with the Terms, the following provisions apply with respect to you participating in our contest draws ("Draw(s)") and winning the prizes ("Prize(s)").
       
    2. We may amend these Draw Terms at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is your responsibility to review these Draw Terms periodically to familiarize yourself with any modifications. Your continued use of the Platform and/or entry into Draws following any amendments shall be construed as acceptance of those amendments.
       
    3. Draws will be approved by Dubai Festivals and Retail Establishment and are in accordance with the guidelines (as such they may be amended from time to time). A valid permit number will be issued for each respective Draw.
       
    4. Only users with a valid Membership to the Platform that satisfies all the Terms are eligible to enter into our Draws.
       
    5. The types of Draws vary on the Platform. Each shopping card purchased on the Big Bunny Bucks App in accordance with these Terms is associated with a specific type of Draw whereby a user is awarded at least a single complimentary ticket ("Ticket") to that specified Draw after purchasing the shopping card.
       
    6. If you purchase a shopping card on the Big Bunny Bucks App, you are entitled to redeem the shopping card in part or in full at our online or physical Modesh stores that stock a host of merchandise.
       
    7. Your shopping card(s) are valid for one (1) calendar year from the date of your last redemption at our online or physical Modesh stores. In the event that you have never redeemed any shopping card(s), your shopping card(s) will be valid for one (1) calendar year from the date of your first purchase of a shopping card on the Big Bunny Bucks App. At every redemption of a shopping card, the expiration date of the outstanding shopping card(s) will extend for a further one (1) calendar year from the date of the redemption.
       
    8. To collect your product(s), you must visit our premises within fifteen (15) calendar days from purchasing the product(s) and present your valid identification (such as your national identification card, passport, driver's license, etc.) as may be required in our sole discretion. Big Bunny Bucks may, at its sole discretion, allow an individual who has been given a written, valid and effective Power of Attorney (POA) by you to collect the product, subject to them presenting the necessary identification. Big Bunny Bucks will evaluate any such reliance on a POA on a case-by-case basis and cannot guarantee that an individual with a POA from you will be allowed to collect the product on your behalf. Failure to collect the purchased product within this time frame will result in such product purchase being cancelled.
       
    9. Big Bunny Bucks reserves the right, without prior notice, to consider any unutilized shopping card credits in your Wallet waived by you after a reasonable amount of time.
    10. Ticket numbers are computer generated and may not be sequential to the order in which the shopping cards they are associated with are purchased. You cannot choose Ticket numbers as they are generated only upon checkout and completion of purchase of the shopping cards.
        
    11. Tickets awarded to you through your use of our Platform are neither refundable nor transferable and are owned solely and exclusively by you.
        
    12. The length of each Draw varies and the date when the Prizes are awarded can occur on any day of the week for the Draws that have 'sold out' a minimum of 24 hours prior to the day of the Draw. The Draw shall occur in the presence of a government representative, unless the government authority approves otherwise, and as such the results of any Draw are not subject to negotiation, interference, challenge, or argument by a user. The Draw date will be subject to the government representative's availability.
        
    13. The deadline to enter any Draw is prior to the sell-out of all shopping cards specified within the Draw, or prior to the closure of the Draw (which happens before the Draw date); or, in the case of a timed Draw, prior to the end of the timer displayed on the campaign box of the specific Draw. The period of the Draws can be extended at Big Bunny Bucks's sole discretion, and we will notify you of any such extension.
        
    14. Winners of the Draws are selected by the government representative and will be notified on the day the Draw occurs. The names of winners may also be announced in the local and regional press as well as on the Platform and our associated social (online) media profiles, unless you specifically advise us otherwise in writing prior to the Draw. Unless otherwise specified, the number of winners per Draw will always be one (1).
        
    15. On the Draw day, an email will be sent to the registered email on the Platform detailing the next steps and how you can claim the Prize, which may include the following:
        1. In the event the winner is based in the United Arab Emirates, then he/she needs to collect the Prize from our premises within sixty (60) calendar days and present valid identification as may be required, in our sole discretion, in order to collect the Prize. Failure to collect the Prize within this time period WILL result in us transferring the Prize to the government authority after which Big Bunny Bucks will have no further responsibility with respect to the Prize. Post transfer, the winner must liaise with the government authority whereupon he/she will be subject to their terms and conditions.
           
        2. In the event a winner does not reside in the United Arab Emirates, we will either courier the Prize to the winner by air or land (as we may determine in our sole discretion), or ship the Prize to the winner's country of residence (nearest seaport as selected by us in our sole discretion) free of charge, and we will insure shipment of the Prize until delivery thereof at the port. Collection from the port and clearance through the port and customs shall be the responsibility, and at the cost, of the winner. Accordingly, all local taxes, custom duties, and any other form of expense beyond shipping and delivery at the port will be paid by the winner.
           
    16. Once a Prize is handed to/collected by the courier/handler for international delivery, risk and responsibility will transfer to the winner and we no longer hold claim nor responsibility for any damage/injury incurred in transit, or upon delivery.
        
    17. By entering the Draw, all winners consent to the use of any and all content made by or provided to us. This includes but is not limited to the use of their name, photographs, videos, call recordings and other material created during the Draw, in the local and regional press, on the Platform and on any social (online) media profile associated with us. You may choose to withdraw your consent at any time, but this may affect your entrance into a Draw.
        
    18. All Prizes displayed on our Platform will be awarded, as displayed, with only minor (if any) physical changes.
        
    19. Where the registration or transfer of ownership of a Prize is necessary, such registration or transfer of ownership will be made against the name of the winner only, as it appears on the winning ticket. By entering the Draw of a Prize where registration or transfer of ownership is necessary, you agree that you meet the required government and regulatory criteria to receive such registration or transfer of ownership.
        
    20. If any winner is subsequently found ineligible to participate in the Draw, we may at our sole discretion reclaim the Prize or dispose of the same in such a manner and to such person as we deem fit. All such decisions will be in line with applicable laws.
        
    21. We will not be responsible for arranging any insurance, including travel insurance, medical insurance, transport, meals, or any other expenses of a personal nature incurred by the winner in the collection of the Prize, unless otherwise agreed by us in writing.
        
    22. We will not be responsible for claims, damages, or expenses of any nature whatsoever for any loss, illness, bodily injury, including death, of or to any winner and/or any third-party during and/or in course of usage of any Prize or due to any defects in any Prizes.
        
    23. Winners are responsible for any and all tax liability where applicable.