Terms and Conditions of Use of the Gift Card

Scope of Application

These are the terms and conditions of use of this gift card (the "Terms and Conditions") apply to any purchaser (the "Purchaser") and any holder (the "Holder"; the Purchaser and the Holder together also as "You") of this gift card (the "Gift Card"). By purchasing and/or holding the Gift Card, You are agreeing with these Terms and Conditions.
The Gift Card is issued by Dalma Mall, with its registered office at (PO Box 91122, Al Wazn Street, Abu Dhabi Alain Tariff Highway, Mussafah, Abu Dhabi, UAE), through a technical service provider Giftify MENA DMCC, Office 56/57, Level 5, One Business Centre, One JLT, Jumeirah Lake Towers, Dubai, UAE.
The Gift Card is issued and purchased only in a stated currency. The Gift Card must be purchased in the legal tender currency of the country where it is issued. United Arab Emirates Dirhams. (AED).
No additional funds may be added to the Gift Card after the initial purchase, except in the event that a Merchant refunds a transaction on the Gift Card. These Terms and Conditions are available online at www.dalmamall.ae/xxxxxx (xxxx.giftify.me). You may request a copy of these Terms and Conditions at any time during the term of this contract.

Definitions

"Gift Card" means the product consisting of a prepaid card offered under these Terms and Conditions.
"Purchaser” refers to the individual purchasing the Gift Card for its own use or to the benefit of another Holder.
“Holder" refers to the contracting party that demands or acquires a Gift Card and makes use of it.
"Shopping Centre" refers to the different establishments where services are provided to Gift Card Holders and authorised to accept the Gift Card.
“AED” refers to United Arab Emirates Dirham.
“Merchant” refers to any establishment, corporate entity, person or other virtual establishment, supplying goods and/or services, which accepts the Gift Card as a mode of payment

Purchase and loading of the Gift Card

By purchasing the Gift Card, you confirm that you are over the age of 16.
If the Gift Card is purchased at a Shopping Centre, the maximum value that can be loaded onto the Gift Card without verification of the Holder's identity is 3000 AED. Gift Card funds will be available for use for up to 12 months after loading.
If the Gift Card is purchased over the Internet, the maximum value that can be loaded onto the Gift Card without verification of the Holder's identity is 3000 AED. The Gift Card will require an activation before use, this activation must be done within 3 months of purchase. This can be done at the information desk in your Shopping Centre or on the website xxxx.giftify.me by entering the number of your Gift Card and the order reference which will be sent to you by email.
To load the Gift Card, you must use a credit or debit card issued by a regulated financial institution.
When funds are loaded onto your Gift Card, the payment will be made in the same currency as your credit or debit card.
We may refuse to issue or sell the Gift Card, without any justification and without the purchaser being able to claim compensation for it.

Using the Gift Card

The Gift Card may be used by the Purchaser or may be given to another person (new cardholder) who received the Gift Card as a gift. When handing over the Gift Card, the Purchaser must inform the new cardholder of these Terms and Conditions.
The Gift Card is intended solely for use in the Shopping Centre’s stores and points of sale, and solely for transactions carried out in the presence of the Gift Card Holder.
Your balance will be reduced by the amount of each purchase you make.
If any purchase exceeds available funds or card limits, you may settle the remaining amount of the purchase with another payment method accepted by the store (credit card, cash, etc.) provided that the Merchant accepts a combination of payment methods.
Additional funds cannot be added to the Gift Card after purchase.
The Gift Card is not a debit card backed by a bank account. No interest will be generated on the funds loaded on the Gift Card.
You may not use your Gift Card for:
Pre-authorised periodic payments;
- In any manner that could damage, disable, overburden, or impair the Gift Card;
- Transactions outside the Shopping Centre;
- Online transactions, even on the websites of the Shopping Centre’s Merchants;
- Cash transactions, including cash repayments, bank withdrawals, postal transfers, travellers’ cheques, foreign currencies or foreign exchange transactions, or
- For money transfers, accessing or purchasing goods from adult or gambling locations or internet sites, or for any non-sharia compliant or unlawful activity.
Your Gift Card cannot be used in situations where the Merchant is unable to obtain online authorization guaranteeing that there are sufficient funds to complete the transaction.
The Shopping Centre is not responsible for the quality, safety, legality or any other aspect of the goods or services purchased with the Gift Card.
The Gift Card may not be exchanged or resold and may not give rise to the payment of any monetary consideration.
You must not alter the Gift Card, or the related services provided in the context of the Gift Card usage.
We may stop, suspend or restrict your Gift Card for reasons related to (i) the security of your Gift Card, Gift Card number; and/or suspicion of unauthorized or fraudulent use of your Gift Card. To the extent possible, we will inform you before stopping, suspending or restricting your Gift Card. If this is not possible, we will inform you immediately thereafter. The requirement to inform you does not apply where reasonable security measures are compromised, or it is illegal to do so.

Payment transactions

The Shopping Centre is entitled to assume that a transaction is authorized by you where the Gift Card's magnetic stripe is swiped by the Merchant, or where appropriate information is provided to the Merchant in order to allow the transaction to be carried out.
A transaction cannot be cancelled once it has been transmitted to us with your authorization.
Typical refusal grounds are:
- A transaction exceeds the funds available on the Gift Card; or
- If the Shopping Centre has reasonable grounds for doing so under the rules of the payment system (Visa or MasterCard) for which your Gift Card was issued; or
- If the Shopping Centre has reasonable grounds to believe that such action is necessary in order to comply with any legal obligation.
You must notify us of any unauthorised transactions immediately and in any event not later than five (5) working days of the transaction debit date. We will request that you provide additional written information concerning any such transaction and you must comply with such request.
The Shopping Centre may not carry out transactions in the event of force majeure or technical problems attributable either to the Shopping Centre or to the Merchant.
You will be liable for all losses in respect of the Gift Card if you have (i) acted fraudulently; (ii) failed to use the Gift Card in accordance with these Terms and Conditions; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the Gift Card; or (iv) have failed to take all reasonable steps to keep the Gift Card's security features safe.
Where you are not liable for an unauthorised transaction, we will refund the value of that transaction and will have no further liability to you for any other losses you may suffer. If our investigations conclude that the transaction you have disputed has been authorised by you, or on your behalf, or you have acted fraudulently, we will not refund the value of the transaction, and we may charge you an investigation administration fee by a debit against the available funds on your Gift Card.

Liability Limitations

You agree to fully indemnify us harmless against any and all actions, proceedings, costs, losses or damages (including legal costs) we and/or Merchants may suffer in connection with the usage of the Gift Card or any misuse of the Card. This includes any liability arising from your failure to maintain safe custody of the Gift Card at any time before the Gift Card is cancelled.

We will not be liable to you for: delays or mistakes resulting from any circumstances beyond our control, including, without limitation: (i) acts of governmental authorities, national emergencies, insurrection, war, or riots; (ii) the failure of Merchants to accept or honour the Gift Card; (iii) the failure of Merchants to perform or provide services or goods; (iv) communication system failures; (v) interception of communications; or (vi) mechanical defects, failures or malfunctions attributable to your equipment, any internet service, or any payment system.
We will not be liable under any of the following circumstances:
- If, through no fault of ours, there are insufficient funds available on the Gift Card to complete a transaction
- If the Gift Card is not honoured, is declined, is damaged or is confiscated at any POS Terminal for any reason
- If an electronic terminal where you are making a transaction does not operate properly
- If a load has been declined at our discretion
- If access to the Gift Card has been blocked after you have reported the Gift Card lost or stolen
- If there is a hold or your funds are subject to legal process or other encumbrance restricting their use
- If we (in our sole discretion) have reason to believe the requested transaction is unauthorised
- If there is any unauthorised use of the PIN, or for any fraudulent, duplicate or erroneous transaction instructions given by use of the PIN (unless confirmed by us to you that the Gift Card is blocked or cancelled)
- If there is loss of any information during processing or transmission or any unauthorised access by any other person or breach of confidentiality
- If there is any lapse or failure on the part of the Service Providers or any third party affecting the usage of the Card (and for this purpose, we make no warranty as to the quality of the service provided by any such provider)
- In the event of any loss incurred by you due to use of the Gift Card by any other person with your express or implied permission
- Where there is a breach of confidentiality, secrecy, and security of the personal or account information being transmitted for affecting your instructions
- Any other exception stated in these Terms and Conditions
In the event that we are held liable to you, you will only be entitled to recover your actual damages. In no event shall you be entitled to recover any indirect, costs (including legal costs) consequential, exemplary, or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent otherwise required by law. To the extent permitted by law, you agree that your recovery for any alleged negligence or misconduct by us or service agents shall be limited to the available balance on the Gift Card.
We will endeavour to make sure the Gift Card continues to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements; and to help reduce the risks, we may set from time-to-time revised limitations on the transaction size, loading amounts and other features of the Gift Card

Checking your balance

To check the available balance on your Gift Card or to review your transactions depending on availability, call your Shopping Centre's customer service desk or go to the Shopping Centre's point of sale or scan the QR code or visit xxxx.giftify.me

Card Expiration

Both your Gift Card and the balance loaded onto it will expire 12 months after the Gift Card's loading date, which is known as the "expiration date". On that date, the Gift Card will cease to function and may not be used as a method of payment.
The expiration date is available on the website xxxx.giftify.me. You can also check it at the Shopping Centre.
Once your Gift Card has expired, the remaining funds cannot be used. You will not be entitled to any refund of your Gift Card balance.

Security Precautions

Your Gift Card is not allowed to be used by a third party without permission;
Only use the Gift Card or its number to enter into (or undertake to enter into) a transaction
If your Gift Card is lost or stolen, or if you believe that it (or its number) may have been used illegally, you must:
- Call your Shopping Centre to block the Card.
- Immediately stop using your Gift Card and its number.
If you find the Gift Card after reporting that it has been lost, stolen or illegally used, you must destroy it and notify your Shopping Centre as soon as possible.
You will be responsible for any use of your Gift Card until you have notified your Shopping Centre.
If your Gift Card, or any replacement card, is lost or stolen, you may, once the loss is reported, request a replacement card from the Shopping Centre. You will be charged a fee before a replacement card is being issued. This is further explained in the summary table at the end of this document.
If your Gift Card is not working properly, you can get a new one at the point of sale in the Shopping Centre. The remaining balance of your card will be transferred to the new Card.
The balance already used before the Gift Card is blocked cannot be refunded.
Any use that does not respect these Terms and Conditions may result in the blocking of your Gift Card.

Modification of Terms and Conditions of Use

The Terms and Conditions of use, as well as the prices and additional charges, may be modified at any time.
If modified, the terms and conditions of use applicable shall be those in force on the date of purchase of the Gift Card.

Complaints and Disputes

The Shopping Centre will do the best to resolve any disputes over these Terms and Conditions.
If you wish to file a complaint or contact us for any other reason related to these Terms and Conditions of use, write to your shopping centre, by email.... or by telephone....
You may also file a complaint with the Ministry of Economy before the Department of Economic Development.
Before initiating any contentious procedure, an amicable solution should be sought.

Privacy

Giftify and the Shopping Center undertake to take all necessary measures to protect the confidentiality of the user's data. The personal information collected, including communication and conversations with you, is processed only in a lawful manner and in compliance with applicable regulations and our Privacy Policy https://www.giftify.me/privacy-policy.

General Provisions

No forbearance, neglect or waiver by us in the exercise or enforcement of any right or remedy arising from this Agreement will prejudice our right thereafter to strictly enforce the same
No waiver by us will be effective unless it is in writing.
If any provision in these Terms and Conditions is found to be unenforceable, invalid, or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity, or illegality.
We may assign any of our rights and obligations under the Agreement, without your prior consent, to any third party, subject to such party continuing the obligations in the Agreement to you. You are not permitted to assign your rights and obligations under the Agreement to any third party.
These Terms and Conditions constitute the sole and entire agreement between you and us with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.
These Terms and Conditions will be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai. In the event of any dispute arising out or in connection with this Agreement, the parties agree to exercise all efforts in good faith efficiently and amicably to settle such dispute in a timely manner. If such efforts fail to resolve the dispute, then the dispute will be referred to the courts of the Emirate of Dubai.

Summary Box

This table summarises the key characteristics and information of the product. Also listed below are the balance limits and possible additional charges that apply to each Gift Card.

Rates and Limits	Currency
Card Purchase Rate	AED 5 (Dirhams Five)
Replacement fee	AED 15 (Dirhams Fifteen)

Card Balance Limits
Minimum value	AED 50 (Dirhams Fifty)
Maximum value	AED 3000 (Dirhams Three Thousand)