Please read these terms and conditions (the "GiftCard Terms and Conditions") carefully and keep a copy for your records.
- 1.1 In these Terms: "We" or "us" or "our" or "the Issuer" or "MAF" means Majid Al Futtaim Finance LLC. "you" or "your" means the person who has purchased the MAF GiftCard ("the GiftCard") and/or the person nominated by the purchaser to use it ("the user").
- These GiftCard Terms and Conditions will apply between you and us in relation to the GiftCard.
- 2.1 TheGiftCard is a prepaid card and should be treated just like cash in a wallet or purse. Unless the GiftCard is registered at the website, it cannot be replaced if lost, damaged or stolen. If the GiftCard is not registered and you lose the GiftCard or it is stolen, you will lose any funds held on the GiftCard just as if you lost your wallet or purse. (Subject to Term 5 below.)
- 2.2 The GiftCard can only be used in shops in Majid Al Futtaim (MAF) shopping malls and associated properties as part or full payment for goods.
- 2.3 The GiftCard is not a debit, credit or charge card. It cannot be used to obtain cash via any machine or over any counter (Without prejudice to Term 6 &Redeeming Unspent Funds). The GiftCard cannot be topped up or reloaded.
- 2.4 At points of sale the GiftCard can only be used via an electronic on-line card reader. The security code is used only to obtain information on-line or by telephone and to register online. You are required to keep the GiftCard and the numbers on it safe and secure for the user's own personal use. Any misuse by a third party will be at your risk (see also Term 5 below).
- 2.5 The purchaser of the GiftCard must pay the funds to be loaded to the GiftCard. The user of the GiftCard must pay the activation fee which shall be done through means of deduction of the said fees from the amount loaded onto the GiftCard. For a Corporate GiftCard, where the purchaser is a corporation then the corporation pays for the funds loaded onto the GiftCard and the user pays the activation fee and such activation fee is debited/deducted from the funds loaded onto the Combined GiftCard.
- 2.6 It is expected that the GiftCard may be used at points of sale within the MAF shopping malls where najm/MAF JCB cards are usually accepted; but we will not be liable if you cannot use the GiftCard with any seller and we will not be liable in any way for goods and/or services purchased from any seller using the GiftCard. Additionally, we cannot guarantee that the retailers who have agreed to accept the GiftCard will continue to accept the GiftCard.
- 2.7 The GiftCard will be valid for 12 months from its date of purchase after which it will expire and may not be used except in accordance with clause 6 and the terms stated in the summary box included herein.
- 3.1 TheGiftCard is available for purchase at service counters within the MAF shopping malls.
- 3.2 The purchaser should provide the security code personally, securely and confidentially to the user. The security code is printed inside the GiftCard package.
- 3.3 Only the user whose signature is on the back of the card may use the GiftCard for transactions. The user must sign the GiftCard upon receipt. The GiftCard is activated immediately on purchase and can be used by the user upon signature.
- 3.4 If the user is under 16 years of age, the purchaser agrees to ensure that these Terms are understood by the user and that use of the GiftCard is supervised if required.
- 3.5 The user is responsible for keeping track of the available balance on the GiftCard. To check your balance at any time or to check your previous transactions, you can go to www.mallgiftcard.ae and follow the links to GiftCards. Sign in using your 16 digit card number and security code. You can also check your balance by calling the telephone number on the card (Fee applies.).
- 3.6 Transactions that exceed the remaining GiftCard balance are prohibited and will be declined at the point of sale. However, if accepted by a merchant, the amount that exceeds the remaining GiftCard balance can be paid using a different payment method provided that the GiftCard is charged only an amount equivalent to the amount loaded onto or remaining on the GiftCard.
- 3.7 You agree that we can reduce the remaining GiftCard value by the value of all purchases of goods and services that are authorized by you. Transactions are authorized by you when you:
a- swipe your GiftCard or allow an operator or other person to do so, at an electronic point of sale terminal at a participating retailer; or b- give a participating retailer details of the GiftCard and authorize the transaction in some other way approved by that retailer.
- 3.8 When you authorize a transaction:
a- you are confirming that the transaction correctly represents the purchase price of the goods or services obtained; and
b- you are agreeing to pay the amount of that transaction by the reduction of the remaining GiftCard value.
- 5. Loss, Theft, Damage, Misuse If any of the above should occur to the GiftCard, contact us immediately by calling the telephone number on the card with your card number and security code. We will work on your request then cancel your GiftCard and if the GiftCard holds funds of up to at least AED 10, we will replace it with a new GiftCard. Any balance then remaining will be transferred to the new GiftCard. We will reissue only after a period of up to 15 business days following your request to ensure that we have received details of all transactions up to cancellation(Fee Applies).
Redeeming Unspent Funds
- 6.1 You should use all of the value of the GiftCard before the expiry date (which is 12 months from the purchase date). You may redeem the balance of any unspent funds on the GiftCard (less a card replacement fee of AED10 deducted from the balance) within 90 days after its expiry, by so requesting.
- 6.2 Any balance left on the GiftCard after the right to redeem has ceased to apply will be forfeited for the benefit of the Issuer.
Actions and Changes by Us
- 7.1 We may from time to time change these GiftCard Terms and Conditions. We may from time to time take such actions and/or make such changes as we reasonably consider to be necessary for any of the purposes of protecting electronic funds from misuse, fraud prevention, overcoming operational difficulties, complying with applicable law or regulation, or making more efficient the working of the GiftCard. These may include (but are not restricted to): - Making changes to these Terms; - Cancelling the GiftCard and refunding any balance due; - Declining to authorise transactions; - Suspending or restricting all or part of the operation of the GiftCard and/or the Security Code - Instructing a seller to retain the GiftCard.
- 7.2 If we do any of the above, we will give you as much notice and in such manner as is reasonably practicable (unless circumstances are exceptional).
Ownership/Return/Cancellation/Destruction of the GiftCard
- 8.1 We retain ownership of the GiftCard at all times. It should be returned to us or destroyed as soon as it has no spending or redemption value, or if replaced but available, or if cancelled, or if required by us pursuant to Term 6 above.
- 8.2 You are not entitled to cancel the GiftCard.
- 8.3 We may decide to cancel this GiftCard at any time without informing you in advance. If we do, you will be able to receive the balance on your GiftCard by going into one of our service counters or in some other manner that we specify. Your GiftCard will also be terminated when your GiftCard does not have any balance. And in such event, you will not have a claim for compensation against us.
Using Information About You
- 9.1 You irrevocably authorize and permit the Issuer to disclose and furnish such information that it deems fit concerning you including but not limited to the card governed by these Terms and Conditions to the Issuer's authorized representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Issuer's third party advisers and marketing partners).
- 9.2 The Issuer shall also be at liberty to share the necessary information relating to you with the selected GiftCard brand partners for the purpose of cross selling and marketing of goods and service to you and in relation to which the Issuer has entered into a formal agreement with such partners. You have the option of deselecting such a value added service by expressly notifying the Issuer in writing including your card number.
- 9.3 The Issuer shall have an unconditional right to disclose any information in relation to you if such information is generally available to third parties, or is lawfully in our possession, or is sought by a court of competent authority, governmental body or regulatory authority (including the Central Bank).
- 10. Telephone calls to and from us may be monitored and/or recorded.
- 11. Governing Law and Jurisdiction The Terms and Conditions are governed by and shall be construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the UAE and you hereby submit irrevocably to the non-exclusive jurisdiction of the civil courts of the Emirate of Dubai. Such submission shall however not prejudice the rights of the Issuer to bring proceedings against you in any other jurisdiction.
Liability and Error Resolution Procedures
- 12.1 We are not liable for any prohibited use or misuse of the card whatsoever. Furthermore, You acknowledge that the GiftCard may not be used: a- to purchase goods or services that a retailer is not permitted to supply to you (for example, a retailer cannot by law sell certain products to you if you are under 18/21 years of age or if such retailer is not licensed to sell such products; b- for purchases over the Internet or by email, phone or fax.
- 12.2 We are not liable for any failed transaction if you do not have sufficient funds on your GiftCard to cover a transaction, the terminal or system is not working properly, circumstances beyond our control prevent the transaction, or the merchant authorizes an amount greater than the purchase amount.
- 12.3 If there is a problem or dispute with a purchase of goods or services, you must address it directly with the merchant involved. Refunds and returns are subject to the merchant's policies or applicable law. In case of other errors on your GiftCard account, contact us immediately by calling the telephone number on the card.
- 12.4 If you have a complaint, please contact us either in writing or by telephone.
- 13. Force Majeure To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these GiftCard Terms and Conditions, for failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include, but are not limited to, acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
- 14. Partial Invalidity In any one or more phrases, sentences, clauses, or paragraphs contained in these GiftCard Terms and Conditions shall be declared invalid by the unappealable order, decree or judgment of any court, the GiftCard Terms and Conditions shall be construed as if such phrases, sentences, clauses or paragraphs had not been inserted in the GiftCard Terms and Conditions.
- 15. Assignment, We may assign any or all of our rights and obligations hereunder to any third party as we freely deem fit.