Terms and Conditions for Merchants

These Ts&Cs form a part of the Contract between You (as a Merchant who has signed up to promote its brand through the Bogo App) and the Bogo App FZ LLC. By signing up as a Merchant, you agree to be bound by the terms1 and conditions contained herein.

The Offering

(a) Bogo agrees to provide You with Access to the Bogo App as a means for You to promote Your product or services by offering Voucher Campaigns to consumers who are users of the Bogo App. You will access the Bogo App through mobile app or web by using Your unique login ID.
(b) Bogo agrees to promote Your products or services on the Bogo App for as long as You have active Voucher Campaigns running. If You have no active Voucher Campaigns, Your business may not be listed or viewable to Bogo App users.
(c) You may subscribe as a Silver Merchant or a Gold Merchant, at Your discretion, and may switch between the two tiers of membership at any time within the Account Settings section of the Bogo App or website. Any change in Merchant tier will take effect immediately, however Fixed Fees that have already been paid for the previous Merchant tier are non-refundable. If You change tiers from Gold Merchant to Silver Merchant, Your new Fixed Fee will be payable on the date Your next Fixed Fee is payable. If You change tiers from Silver Merchant to Gold Merchant, the difference between the Gold Tier Fee and the Silver Tier Fee will be payable immediately for the period from the date of the change until the date Your next Fixed Fee is payable.
(d) Bogo agrees to let You set the terms of Your Voucher Campaigns provided that the terms fit within the terms available to a Silver Tier Merchant or Gold Tier Merchant, as set out below:
i) Silver Tier Merchants may choose Voucher Campaign, the days of the week during which Users can avail the Voucher Campaign and must then offer that Voucher Campaign to all Users who attempt to avail the Voucher Campaign during opening hours of the Merchant’s establishment on those days of the week.
ii) Gold Tier Merchants may choose the days of the week and the times of the day during which Users can avail the Voucher Campaign and must then offer the Voucher Campaign to any Users who attempt to avail the Voucher Campaign during the relevant operating hours of the Merchant, specified in the Voucher Campaign terms, provided that Gold Tier Merchants may also (at their discretion) set a maximum number of redemptions of a Voucher Campaign, which Voucher Campaign shall become unavailable to any other User the moment that maximum number of redemptions has been made Voucher Campaign.

Merchant Obligations

(a) You authorize Bogo to advertise Your products and/or services on the Bogo App and elsewhere in connection with the services provided by Bogo and to use all IP Material submitted by You to Bogo through the Bogo App or using any media to promote You, Your Voucher Campaigns and Bogo throughout the UAE and the Middle East Region.
(b) You represent, undertake and acknowledge that You maintain ownership and the right to use all IP Material which You submit to Bogo and that You are legally authorised to license the use of such IP Material to Bogo in accordance with Clause 2(a). You represent, undertake and agree that You will maintain all rights of use, permits, consents, licenses and approvals to enable the continued compliance with this Clause 2(b) at all times. You will not submit any IP Material to Bogo which would result in You being in breach of any contract, rights of ownership or use of another party and You agree to indemnify Bogo for any claims which may be made against it, or for any losses suffered whatsoever, as a result of Bogo’s use of Your IP Material.
(c) You agree that You will ensure all Users will at all times be able to avail of the Voucher Campaigns You have active on the Bogo App at any time in accordance with the rules of use applicable to all Users. You agree that Your Voucher Campaigns must remain active and redeemable by Users at all times during the validity period of such Voucher Campaigns (subject to any exclusions specifically mentioned and visible to the User on the Bogo App). You agree that You will not make changes to Your Voucher Campaigns or add any exclusions not specifically identified on the Bogo App, directly with Users when they avail a Voucher Campaign and that You will honor the Voucher Campaign strictly applying the terms1 set out on the Bogo App.
(d) You understand that should You wish to make a change to the terms1 or availability of a Voucher Campaign, such changes will only take effect and be available to Users after 24 hours has elapsed from the time such changes are entered into the Bogo App
(e) You agree that no User will be discriminated against or given lesser priority than other customers, for bookings and provision of Your products and/or services by virtue of the fact that such User will use a Voucher Campaign. No User will be offered different or less favourable terms1 of use of Your products and/or services than general members of the public.
(f) You agree that under no circumstances will You offer a deal directly to any User that is identical to a Voucher Campaign they wish to use through the Bogo App and that all Voucher Campaigns given to a User must be processed through the Bogo App.
(g) You agree that You will not inflate Your prices or impose any additional fees or charges for Users and that all Voucher Campaigns will be offered applying Your usual retail prices and terms1.
(h) You agree that the provisions contained in Clauses 2(c) – (g) are fundamental clauses to the Contract and that any breach of any of those clauses may be met with strict action on the part of Bogo and may lead to immediate termination of the Contract and removal of Your Voucher Campaigns and IP Material from the Bogo App, together with any other remedies that may be available to Bogo.
(i) You agree to notify Bogo in writing, promptly and in any event no later than 10 working days after any of the following events has occurred:
(i) a change in Your business or trading name;
(ii) a change in Your ownership structure;
(iii) a material change in the services You provide;
(iv) a change in Your address or other contact details; or
(v) if You cease to operate for any reason, including (but not limited to) by reason of insolvency.
(j) Bogo will ensure You are given access to one meeting (in person or via electronic means) to assist You to set up Your first Voucher Campaign and show You how to redeem vouchers. You agree to attend and engage with this training and You undertake to train and keep all of Your relevant staff up to date on how to utilize the Bogo App.
(k) Bogo reserves the right at all times and for any reason whatsoever, to terminate any Voucher Campaign or remove any Voucher Campaign or references to any IP Material from the Bogo App at any time. When this occurs, You may ask Bogo to provide You with reasons why they have done so to enable You to correct any issue and Bogo will respond. However, Bogo has sole discretion in respect to this matter and will not enter into any protracted discussions with You in these circumstances.


(a) You agree that any Fixed Fee and all applicable VAT charges will be invoiced at the applicable intervals (monthly or annually) from the date of registration and will be pre-paid through Bogo’s payment processing system.
(b) You agree that no Voucher Campaign may be promoted through the Bogo App until the first Fixed Fee payment is received by Bogo and that, thereafter, Bogo may remove Your Voucher Campaign and IP Material from the Bogo App as soon as any Fixed Fee payment is overdue and remains unpaid. In such case Bogo may reinstate the Voucher Campaign and IP Material for the relevant Merchant as soon as payment is received.
(c) You agree that no Brand Ambassador Campaign which is not included in the Fixed Fee may commence until the Brand Ambassador Fee payment is received by Bogo.
(d) The Fixed Fee and the Brand Ambassador Fee are non-refundable. Should You decide to cancel any Voucher Campaign or Brand Ambassador Campaign, or terminate this Contract during a period which has already been paid for, You will forfeit the fees already paid and will remain liable to pay any fees already invoiced prior to the date You notified Bogo of Your wish to discontinue a Voucher Campaign, Brand Ambassador Campaign or the Contract.

BOGO Obligations

(a) In the event of malfunction of the Bogo App, Bogo will use all reasonable efforts to get the Bogo App operational in the shortest time possible.
(b) Notwithstanding Clause 4(a), Bogo will not be held responsible if the Bogo App is not operational for a Merchant or Merchants due to a malfunction for any reason (including but not limited to: internet service outage; virus; failure of the Bogo App software; system overload; or other). You acknowledge that the Bogo App is not owned by Bogo and that Bogo has a license to market, sell and use the Bogo App only. While Bogo will be responsible for servicing the Bogo app, some malfunctions may not be entirely within the control of Bogo to fix.
(c) In addition to the initial training referred to in Clause 2(i), Bogo will offer You regular meetings (in any event no less frequently than twice per year) to enable You to be updated on new features with the Bogo App and to enable You the opportunity to ask any questions you may have in relation to the Bogo App.
(d) Bogo will provide tech support through its online support system, where You may log any issues you are facing with the Bogo App. Bogo will use reasonable efforts to respond to all non-urgent tech support questions no later than 72 hours after they have been submitted and to respond to all urgent tech support questions no later than 24 hours after they have been submitted.

Reports and Data Protection

(a) Bogo collects certain data in relation to the number of redemptions of Your Voucher Campaigns made through the Bogo App (among other things). You agree to allow Bogo to collect, store and process such data, together with other data related to You, including (but not limited to) information about Your business name, copies of trade licenses and contact details, for the purposes of providing the services set out in the Contract. While Bogo will use reasonable efforts to safeguard Your information, You acknowledge that the security of data maintained or transmitted electronically cannot be guaranteed and carries a risk that it may be intercepted or accessed by unauthorized third parties. Bogo will not take responsibility for the loss or unauthorized accessing of Your data in these circumstances. You may notify Bogo at any time should You wish Bogo to cease from collecting or storing Your data or data about You. However, You acknowledge that without this data we may be in a position where we are unable to provide You with the services we are agreeing to provide to You under this Contract.
(b) From time to time Bogo may ask You to provide additional specific data to enable Bogo to provide its services more effectively. You may agree to provide such additional data at Your sole discretion. Any data that You do provide after such a request will be handled in accordance with these Tcs&Cs.
(c) Bogo will use the data it collects to generate certain reports which may be relevant to Your business, including about the redemption patterns of Users who have redeemed Your Voucher Campaigns. You may access such reports through the Mobile App or Web version of the BOGO App. Bogo may offer different or additional reports from time to time for You to access and use.


(a) The Contract comes into effect on the date You agree to subscribe as a Merchant and shall continue indefinitely until such time as the Contract terminated in accordance with this Clause 6.
(b) Bogo may terminate the Contract upon written notice as follows:
(i) immediately in the event that You become insolvent, are put into liquidation or receivership or have an administrator appointed;
(ii) upon 5 working days notice in the event You commit a material breach of these Ts & Cs, and for this purpose a material breach will be deemed to have been committed if you have not paid any amount due within 30 days of the date of the invoice; or
(iii) upon 30 days notice for any reason, and Bogo need not provide a reason in the event of termination under this Sub-Clause.
(c) You may terminate these Ts & Cs upon giving 30 days written notice by You for any reason.
(d) Upon the termination of the Contract for whatever reason, all right and obligations will cease immediately other than those which are expressed to survive the termination of the Contract. Notwithstanding the foregoing, termination is without prejudice to whatever rights and obligations arose prior to the date of termination of the Contract. For the avoidance of doubt, any amounts which were due and payable before and up until the date of termination of the Contract shall remain due and payable by the Merchant.
(d) Notwithstanding this Clause 6, each of Bogo and You are excused from delays in fulfilling their obligations under these Ts & Cs for a period of a maximum of 30 days in the event the specific obligation or act is prevented as a result of an event of force majeure, and then only strictly to the extent such obligation or act is actually so prevented. Where either Bogo or You is claiming a force majeure event is preventing performance under these Ts & Cs must use all reasonable efforts to find alternative means for satisfying the obligation under the Agreement. Neither You nor Bogo can terminate the Contract solely by reason of a breach which is being caused because of a permitted force majeure event, provided that the relevant obligation or act is fulfilled or performed immediately performance is possible. For the purposes of this Clause, and act of force majeure is strictly limited to an ‘act of god”, including but not limited to storm or other severe weather incident, flood, fire, tsunami, earthquake, volcanic eruption, war, riot, act of terrorism, epidemic or pandemic or any other event which is severe, beyond the control of both parties and was not reasonably foreseeable.


(a) You acknowledge that during the course of Your dealings with Bogo under the Contract, You may come into contact with Confidential Information about the Bogo App, Bogo or the Bogo business model. Under no circumstances will You share any such Confidential Information with any third party or use it for any purposes other than the purposes of the Contract, without the prior consent in writing of Bogo.
(b) Notwithstanding Clause 7(a), you may share Confidential Information with your advisors and limited employees who strictly need to know the information for the purposes of fulfillment of Your obligation under these Ts & Cs, and provided such parties are also subject to confidentiality obligations. You may also share Confidential Information pursuant to a valid and enforceable Court order or law or regulation from a government Authority You are subject to, but only to the extent strictly required to satisfy the Court order or regulation.
(c) You acknowledge that you will ensure any person who has access to Confidential Information in compliance with Clause 7(b) complies with the obligations of Confidentiality and you will bear all responsibility for a breach of confidentiality by such persons.
(d)Bogo agrees to keep any Confidential Information related to You confidential also, on the same terms1 as those identified in Clauses 7(a), 7(b) and 7(c).
(e) This Clause 7 in it’s entirety, shall survive the termination of the Contract.


(a) To the extent allowed under applicable law, You agree to indemnify Bogo against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by the Bogo and its Affiliates, and any officers, directors, agents and employees of any of them, and hold such parties harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable legal fees and costs) arising out of or relating to any of the following: a) any breach or alleged breach by You of the Contract; b) any claim by any party for unredeemed Voucher Campaigns You have offered or the unredeemed cash values of such Voucher Campaigns; c) any claim arising out of a violation of any law or regulation governing Your goods and/or services; d) any claim arising out of Your violation of any law or regulation governing the use, sale, and distribution of alcohol; e) any claim by a User or anyone else arising out of or relating to the goods and services provided by You, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damage; or f) any claim arising out of Your misuse of customer data retrieved from Users, or any violation of an applicable data privacy or security law by You. Bogo shall in all cases control its own defence to any such action or claim and will choose and appoint its own legal counsel.
(b) This Clause 8 in it’s entirety, shall survive the termination of the Contract.

Limitation of Liability

(a) Bogo and its Affiliates shall not under any circumstance be liable to You in tort (including negligence), breach of contract, breach of statutory duty or otherwise due to, under and/or arising out of or in connection with the Contract if and to the extent that the loss or damage in respect of which such liability arises or is claimed to arise within any of the following categories (i) loss of profits; (ii) loss of revenue or business; (iii) loss of goodwill or reputation; and/or (iv) loss of or corruption or damage to data.
(b)Notwithstanding Clause 9(a), the liability of Bogo and its Affliates (in aggregate) shall be capped at AED50,000.
(c) This Clause 9 in it’s entirety, shall survive the termination of the Contract.


(a) Bogo may make amendments and modifications to these Ts & Cs at any time and all such amendments shall be applicable to You after a period of 10 working days has elapsed from the date the amendments are notified to You.
(b) Notwithstanding Clause 10(a), to the extent You do not accept any amendments Bogo has made then You may, within the time period specified in Clause 10(a), notify Bogo in writing that You are not in agreement with any amendment made, such notice to specify specifically the amended Clause You do not agree with and stating reasons why. Upon the receipt by Bogo of a notice under this Clause, the Agreement in its prior form will continue to apply to You and Bogo may sit with You to amicably agree in good faith, to modify any amendment made, provided that where You ultimately do not agree with any resolution proposed by Bogo, Bogo reserves the right to terminate the Contract under Clause 6.
(c) For the purposes of this Clause, You agree that any amendments will be deemed notified to you on the later of the date when they are made available on the Bogo website and the Bogo App and You will be deemed to have read and accepted any such amendments so long as you continue to do business with Bogo and have not served Bogo with notice under Clause 10(b) or a termination notice, after the time period set out in Clause 10(a) has elapsed.

Miscellaneous Provisions

(a) The Contract constitutes the entire agreement between You and Bogo in respect of the subject matter of the Contract and supersedes any terms1 previously agreed between You and Bogo.
(b) You may not transfer or assign your rights under the Contract to any third party without the prior written consent of Bogo, which consent will not be unreasonably withheld in the event of a sale of Your business.
(c) Bogo may transfer or assign the Contract to any Affiliate or to any legitimate third party purchaser of its business or part of its business without your consent, provided that the terms1 of the Contract immediately following such transfer or assignment are no less favourable to You and provided that You are notified of the transfer or assignment in writing where such transfer or assignment is to a third party purchaser.
(d) The Contract shall be binding on, and ensure to the benefit of You and Bogo and their respective personal representatives, successors and permitted assigns, and references to either You or Bogo shall include their personal representatives, successors and permitted assigns. In the case of a change in Your management/ownership including but not limited to the case where Your business name changes during the term of the Contract, You agree to do all acts necessary to assign/transfer/novate the Contract (subject to Clause 10(b)) onto such new third party entity so that the Contract remains valid and in force until it termination.
(e) No relaxation, extension or delay by You or Bogo in enforcing any provision of the Contract or in exercising any right or remedy to which either You or Bogo may be entitled under the Contract or the granting of time by either of You or Bogo to the other party shall constitute a waiver or prejudice or restrict the rights and powers of that party. No waiver of any provision of these Ts & Cs shall be effective unless notified in writing by the party granting the waiver and the waiver of any breach of the Contract shall not constitute a waiver of any subsequent or other breach.
(e) If any provision of the Contract should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Contract are not affected.
(f) Except as expressly stated in these Ts & Cs, Bogo does not make any representations or warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose of the Bogo App, or non-infringement. Bogo does not warrant or guarantee that the services offered on or through the Bogo App will be uninterrupted or error-free, that the Voucher Campaigns are error-free or that any Voucher Campaign will result in any revenue or profit for You.
(g) Nothing in the Contract shall be construed as or have the effect of constituting any relationship of employee and employer, partnership, joint venture, agency or other such relationship between Bogo and You.
(h) Any notice given pursuant to the Contract shall be in writing and in the English language and sent by means of courier, registered post or email, to such address, or email address as may be notified in writing by You and/or Bogo from time to time. A notice shall be deemed (in the absence of evidence of earlier receipt) to have been delivered in the case of courier, twenty-four (24) hours after dispatch to the relevant address and in the case of email, at the time the email reaches such email address.
The Parties acknowledge and agree that an invoice issued pursuant to these Ts & Cs may be sent to a Party electronically to the email address on record with Bogo and is deemed received when it has reached such email address. Any notice given under or in connection with the Contract shall be in the English language.
(i) The Contract is drafted in the English language. If the Contract is translated into any other language from English, the English language version shall prevail to the extent of any inconsistency.
(j) The Contract shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in Dubai International Financial Centre (DIFC). Any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims), including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the courts of the Dubai International Financial Centre.
(k) The currently applicable Merchant Ts&Cs will be available and accessible to You on the Bogo App and You agree that they will be applicable to You and valid and binding as between You and Bogo from the date you subscribe to be a Merchant on the Bogo App. You will be deemed to have read and accepted the Ts&Cs so long as You continue to do business with Bogo or use the Bogo App and no physical signature of the Ts&Cs is required by either You or Bogo.


Affiliates means Bogo’s parent company or any subsidiary of Bogo or any other subsidiary of Bogo’s parent company.
Bogo - means the Bogo App FZ LLC, a company incorporated and registered with the Dubai Development Authority in the TECOM freezone in Dubai, under registration number 99245.
Bogo App – means the mobile application offered to Merchants by Bogo, through which Merchants can promote offerings in relation to their products and services and all software related to that application.
Brand Ambassador Campaign – means a promotional campaign offered by a brand ambassador signed up by Bogo for a particular Merchant brand.

Brand Ambassador Fee – means a fee payable to Bogo where a Merchant contracts to proceed with a Brand Ambassador Campaign which is not already covered under the Fixed Fee arrangement, such fee to be exclusive of VAT.
Confidential Information – means, in relation to either party, any information about that party and its business, including know how and information related to employees, officers, contractors, agents, customers and/or contacts, financial information, products, services, the terms1 of the Contract, intellectual property and any other information that is marked confidential, in all cases that the recipient ought reasonably to have known was confidential, and is provided to the other party or any of its employees, contractors or advisors pursuant to these Ts & Cs.Confidential Information excludes information that: (i) is or comes into the public domain other than by way of a breach of any confidentiality obligation under these Ts & Cs; (ii) is disclosed by a third party (except where such third party discloses such information in breach of obligations of confidence); or (iii) is independently developed by a party without recourse to the Confidential Information.
Contract – means the legal agreement between You and Bogo for the provision of products and services by Bogo to You, including the Ts&Cs.
Fixed Fee – means a Gold Tier Fee or a Silver Tier Fee, as the case may be.

Gold Tier Fee – means a fixed monthly fee payable by each gold tier Merchant of 150 AED or annual fee of 1,500 AED (at the option of the Merchant), in each case exclusive of VAT, which fee shall include full access to the Bogo App as a Gold Tier Merchant.
Gold Tier Merchant – means a Merchant who has paid the Fixed Fee up to date and is authorized to offer Voucher Campaigns applying the terms1 set out in Clause 1(d)(ii).
IP Material – means all information, branding, images, logos, trade names and other intellectual property which Bogo is given access to during the term of the Contract.
Merchant – means a company which is a goods and/or services provider and has agreed to sign up for the service offering provided by Bogo and promote its goods and/or services through The Bogo App.
Silver Tier Fee – means a fixed monthly fee payable by each silver tier Merchant of 100 AED or annual fee of 1,000 AED (at the option of the Merchant), in each case exclusive of VAT, which fee shall include full access to the Bogo App as a Silver Tier Merchant. Silver Tier Merchant – means a Merchant who has paid the Fixed Fee up to date and is authorized to offer Voucher Campaigns applying the terms1 set out in Clause 1(d)(i).Ts&Cs – means these Terms and Conditions of contract.

User – means a consumer who has downloaded, uses or subscribed for the Bogo App to avail Voucher Campaigns.
Voucher Campaign – means the promotional campaigns which the Merchant will offer from time to time through the Bogo App.
You – means the specific Merchant to whom these Ts&Cs apply.