ADIB PREPAID GIFT CARD TERMS AND CONDITIONS
INTRODUCTIONIn consideration of Abu Dhabi Islamic Bank PJSC (ADIB or Bank) agreeing to issue the Gift Card to the Cardholder, the Cardholder and the Gift Giver hereby agree to the following terms and conditions as maybe amended from time to time (the Terms and Conditions).
DEFINITIONSThe following terms and expressions shall have the following meanings:
- AED means the lawful currency of the United Arab Emirates.
- Business Day means any day other than Friday or public holiday on which banks are generally open for business in the United Arab Emirates.
- Cardholder means the user of the Gift Card which may include the Gift Giver.
- Gift Card means the prepaid stored value payment card issued by ADIB for use by the Cardholder at any store which accepts MasterCard subject to conditions 4.7 and 4.16.
- Gift Card Maintenance Fee means a maintenance fee payable by the Gift Giver to the Bank pursuant to condition 4.12.
- Gift Giver means the person who loads the stored value in the Gift Card for his or her own use or as a gift for use by others.
- Landmark Group means all retail outlets owned directly or indirectly by or associated with Landmark Retail Limited.
- Merchant means any person, establishment, company or legal entity supplying Shari’a compliant goods and/or services and/or other benefits which accepts the Gift Card or the Card numbers as a means for payment by the Cardholder.
- POS means a point of sale device which accepts the Gift Card or Gift Card numbers as a means for payment by the Cardholder for purchase of goods or services.
- UAE means the United Arab Emirates.
- Website means www.landmarkgroupgiftcard.com.
PURCHASE, ACTIVATION AND REGISTRATION
- A Gift Giver may purchase the Gift Card from any participating Landmark Group store or other outlet authorised to sell the Gift Card. The security code for the Gift Card is printed inside the Gift Card.
- The Gift Giver shall ensure at the time of purchase the Gift Card package is not tampered with.
- At the time of purchase, the minimum stored value on any Gift Card is AED 50 and the maximum stored value is AED 1500.
- The Gift Card will be activated at the point of sale and will be ready for use by the Cardholder no later than 24 hours after its purchase.
- A purchase price of AED 10 will apply at the point of purchasing the plastic of the Gift Card. Such amount is additional to the value stored on the Gift Card.
- Unless activated and ready for use, the Gift Card will have no use and the Cardholder is required to keep the receipt as proof of its purchase.
- The Gift Giver must be above the age of 18 years.
- The Cardholder is required to immediately register the Gift Card at the Website. If the Gift Card is not registered, the Bank will not be able to replace or refund any unutilized balance if it is lost, stolen or damaged.
- Any unutilized balance of the stored value may be invested by the Bank for its own benefit. The balance how ever shall be guaranteed by the Bank for the benefit of the Cardholder.
USAGE AND VALIDITY
- The Cardholder must sign on the signature panel on the reverse of the Gift Card immediately upon receipt of the Gift Card. Only the Cardholder whose signature appears on the back of the Gift Card may use it for payment of goods and/or services. Any misuse of the Gift Card by a third party shall be at the Cardholder's own risk unless the Gift Card is reported lost or stolen by the Cardholder.
- Any transaction supported by the imprint of the Gift Card or electronic log is presumed a genuine transaction unless proved otherwise, irrespective of whether the signature is present on the transaction slip.
- A Cardholder may use the Gift Card as a m ode of payment similar to cash for purchase of goods and/or services at any Merchant displaying the MasterCard logo but may not use the Gift Card in exchange for cash.
- The Cardholder shall be responsible to ensure that the Gift Card has sufficient balance before each use. The Cardholder may check the available balance, transaction history or validity of the Gift Card at any time from the Website.
- Any transaction that exceeds the available balance on the Gift Card may be declined at the point of sale. However, if accepted by the Merchant, the Cardholder will be required to pay the difference between the available balance on the Gift Card and the price of the goods and/services using other modes of payment so long as the amount charged on the Gift Card does not exceed the available balance on the Gift Card.
- The Bank shall not be responsible for any act of negligence or misconduct or refusal for any service by any Merchant or for damages arising as a result of malfunction of any Gift Card, POS terminals or other electronic devices. In any event if it is proven the Bank w as at fault the maximum liability of the Bank shall not exceed the unused balance of the Gift Card.
- The Cardholder may not use the Gift Card to obtain cash from automated teller machine or for payment of any online transactions or at any petrol stations.
- The Gift Card shall be valid for a period of 12 months from the date of its purchase or until the stored value is fully depleted, whichever is earlier.
- The Gift Giver agrees to give to the Cardholder as a gift the utilized funds of the Gift Card during the validity period as per condition 4.8.
- The Gift Giver agrees to forfeit as a gift any unutilized balance of the stored value of the Gift Card at the end of the validity period as per condition 4.8 to the Bank.
- The Cardholder will not top-up the Gift Card and undertakes to destroy the Gift Card with immediate effect upon its expiry or upon depletion of the stored value.
- If the Gift Card is not used for a continuous period of six (6) months, a maintenance fee of AED 10 will be payable by the Cardholder to the Bank and Landmark Group. Such maintenance fee will be deducted from the available balance of the Gift Card when due and payable.
- The Cardholder shall not use the Gift Card or allow any third party to use the Gift Card for any purpose or transaction prohibited by law or public policy and the Bank in its sole discretion may decline any such transactions.
- In the event that the Cardholder uses the Gift Card or allows any third party to use the Gift Card for any purpose or transaction as prohibited in condition 4.13 , then the Cardholder and/or the third party shall be exclusively responsible and liable under the law for using the Gift Card for any such purpose or transaction. The Bank shall have no liability or responsibility of whatsoever nature and howsoever arising on account of the Gift Card being used for a purpose or transaction prohibited by law or otherwise.
- In the event that the Bank incurs or sustains any cost, loss, damage or expense as a result of either the Gift Card being used for any purpose or transaction prohibited by law or public policy, then the Cardholder shall immediately reimburse the Bank for the full amount of the aforem entioned actual loss, damage or expense. Furthermore, the Bank may, forthwith without notice and without liability to any Cardholder cancel the Card and refund the available balance, if any, after deducting fees for actual loss, damage or expenses, subject to conditions 3.8 and 4.8.
- The Cardholder shall not use the Gift Card in any transaction prohibited by Shari'a principles in general and as determined by the Fatwa and Shari'a Supervisory Board of the Bank. All transactions involving Merchants which the Bank is aware conduct a business prohibited by Shari’a principles, including but not limited to, casinos, bars, nightclubs, merchants selling and/or providing pornography related products and/or services will be declined. In case of such use, the Bank reserves the right forthwith without notice and without liability to any Cardholder to cancel the Gift Card and refund the available balance, if any, after deducting fees for actual loss, damage or expenses, subject to conditions 3.8 and 4.8.
REFUND AND REPLACEMENT
- Subject to condition 8.5 the Gift Giver and the Cardholder understand and agree that the Bank will under no circumstances be requested to cancel the Gift Card and refund the stored value amounts to the Gift Giver or the Cardholder.
- Once purchased, the Gift Giver and the Cardholder understand and agree that the stored value on the Gift Card shall be used until all the stored value on the Gift Card are depleted or the Gift Card expires, whichever is earlier. The Cardholder understands that once the Gift Card expires, the Bank will not transfer or refund any available balance.
- The Bank may at its sole discretion and without notice to the Cardholder cancel the Gift Card at any time. In such situation, the Bank shall refund any available balance or fees on the Gift Card on a pro-rata basis subject to condition 3.5 , 3.8 and 4.8 to the Cardholder in any manner w hatsoever. The Bank will also cancel the Gift Card once all the stored value on the Gift Card is depleted or the Gift Card has expired.
- The Cardholder may telephone the Bank on +971-2-610-0600 with the Gift Card number and security code to report a lost, stolen or damaged and request a replacement Gift Card provided the Gift Card is registered on the Website and its available balance is not less than AED 15.
- The Bank may at its discretion issue a replacement Gift Card. A replacement Gift Card fee of AED 15 plus delivery charges will apply which will be deducted from the available balance on the Gift Card.
- The Cardholder acknowledges that it may take the Bank up to 15 Business Days to process all transactions carried out under the cancelled Gift Card and transfer the available balance to and issue the replacement Gift Card.
SAFETY AND SECURITY
- The Cardholder shall keep the Gift Card, security code and transaction records in a well and secured manner.
- The Cardholder shall immediately call +971-2-610-0600 and notify the Bank in the event that there is reason to believe that a third party person has become aware of the Gift Card number, security code or a transaction record which may lead to the Gift Card being misused or used for unauthorised transactions.
- The Bank may at the request of the Cardholder cancel the Gift Card and issue a replacement Gift Card in accordance with condition 5.5.
CARD HOLDER INFORMATION
- Each Cardholder and Gift Giver authorises the Bank to disclose information concerning the Cardholder or the Gift Card to such persons as the Bank may see fit or as may be required by law including without limitation, the UAE Central Bank, any credit bureau collection agency or other banks or financial institutions.
- The Cardholder and the Gift Giver irrevocably authorise and permit the Bank and Landmark Group to share and disclose any information relating to the Cardholder or the Gift Giver with their respective subsidiaries, affiliates, associates, partners, branches, agents, representatives or any connected person for the purposes of marketing goods and/or services to the Cardholder.
- The physical Gift Card remains the property of the Bank at all times. Upon request, the expired of cancelled Gift Card issued to the Cardholder or the Gift Giver must be returned to any of the Bank's branches.
- The Cardholder shall be deemed to have accepted these Terms and Conditions at the point when the Gift Card is used to pay for goods and/or services for the first time.
- The Bank reserves the right to amend these Terms and Conditions including fees and charges payable by the Cardholder from time to time, at its sole discretion. Such amendments will be effective as per the conditions in the notice. Publication of such changes by such m eans as the Bank may consider appropriate will constitute effective notice to the Cardholder.
- Use of the Gift Card after the date upon which any amendment to these Terms and Conditions including fees and charges payable by the Cardholder is to have effect (as may be specified in the Bank's notice) will constitute acceptance, without reservation by the Cardholder, of such amendment.
- The latest version of these Terms and Conditions can be found on www.adib.ae or www.landmarkgroupgiftcard.com. The Cardholder may refuse to accept such changes referred to in conditions 8.3 and 8.4 above by advising the Bank of his/her non-acceptance before the effective date of such change. The Cardholder's non-acceptance of the changes shall be deemed a request by the Cardholder to cancel the Gift Card and the Cardholder must return the Gift Card to the Bank for cancellation. Any available balance will be refunded to the Cardholder on a pro-rata basis subject to conditions 3.8 and 4.8.
- The Bank and Landmark Group may assign or outsource to any third party any of their respective rights or obligations under these Terms and Conditions as it deems fit.
- Any matter not contained herein shall be subject to the rules and regulations of MasterCard as amended from time to time, provided that such provisions do not contravene the rules and principles of Shari’a as determined by the Fatwa and Shari’a Supervisory Board of the Bank.
- These Terms and Conditions shall be governed by and construed in accordance with the federal laws of the UAE as applied by Abu Dhabi courts to the extent that they do not contradict with the Shari’a principles, as determined by Fatwa and Shari’a Supervisory Board of the Bank. The parties hereby submit to the non-exclusive jurisdiction of Abu Dhabi courts for any proceedings arising out of or in connection with these Terms and Conditions.