Terms & Conditions
By requesting for issuance of, or using a Dubai Festival City Malls Gift Card (the "Card") issued by us, you confirm and agree that you understand, accept and shall comply with these Terms and Conditions and the Fees and Limits section in the User Guide (together the "Agreement"), and you understand and agree that the issuance of the Card to you is subject to you being successfully identified by us in accordance with the policy and procedures notified to you at the time of issuance of the Card. The Card is non-transferable, and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, the following terms shall have the following meanings:
"Additional Terms" means the specific terms and conditions which apply to particular types of Cards (e.g. prepaid gift cards) as described herein and the User Guide for such Cards.
"AED" means United Arab Emirates Dirham.
"ATM" means automated teller machine.
"Available Funds" means the available credit balance in the Card that is available for utilisation, as reduced by any transaction amounts which have been reserved, blocked, are pending or have otherwise not been processed or released.
"Base Currency" means the currency in which the Card is issued and billed and any Transaction performed by you in a currency not available on the Card will be converted into the Base Currency.
"Card" means each prepaid card issued by us to you whether with or without your name being printed or embossed on the physical Card. We may offer different types of prepaid Cards which may be subject to Additional Terms and Conditions.
"Card Number" means the unique sixteen-digit number printed or embossed on the face or reverse of the Card.
"Card Services" means any services provided by us, our third party service providers, or the Programme Manager, in connection with the Card, including call centre services.
"Charges" means amounts (including any fees or charges) payable by you arising from usage of the Card under these Terms and Conditions and includes, without limitation all transactions fees, service charges, additional expenses, damages, legal costs and disbursements.
"Distributor" means the entity who is responsible for marketing the Programme and selling, loading and reloading funds on Cards at the distributor's sole cost.
"Identification Checks" means checks carried out in order to obtain, verify and record information that identifies each person who purchases or loads funds on to a Card. We may ask you for your name, address, date of birth and other information, directly or indirectly that will allow us to reasonably identify you. We will ask to see your passport and/or other identifying documents where required. The activation of the Card is subject to successful verification of your identity by us.
"Issuer" means Commercial Bank of Dubai.
"Load" means to add money to the Card, and 'Loaded' and 'Loading' will be construed accordingly.
"Merchant" means any establishment, corporate entity, person or other virtual establishment, supplying goods and/or services, which accepts/honours the Card as a mode of payment.
"PIN" means a unique Personal Identification Number allocated to each Card.
"POS Termina" means an electronic terminal available at Merchants whether local or international, capable of processing Transactions.
"Programme Manager" means the party appointed by us to provide Card Services including card sale and purchase, issuance and activation, card management, customer care, support to Service Locations and such other services as determined by us.
"Replacement Card" means a substitute Card which may be issued to you in the event of loss or theft of your Card.
"Service Location" means any participating branch or authorised distributor or a corporate entity's touch point from which Cards can be purchased, issued or loaded.
"Transaction" means transactions made by using the Card, whether with or without use of the PIN and regardless of whether any slip or other voucher was signed by you and includes the amount charged (or otherwise debited to the Card) by us or a Merchant for any goods, service or benefit (whether or not such service was utilised by you) obtained by the use of the Card, or the PIN or in any other manner.
"UAE" means the United Arab Emirates.
"User Guide" means the user guide which applies to the Card issued to you that provides you with detailed information regarding managing your Card, topping up your funds, limits and fees and the applicable terms and conditions for your Card. A User Guide will be available to you at the time of Card activation on the Distributor website. Distributor will make the latest version of the User Guide available on the applicable website identified in the User Guide.
"we", "us", "our" means Commercial Bank of Dubai or any of its branches, subsidiaries or its successors, assigns, the Programme Manager or agents (where the context permits).
Working Day" means any day of the week, excluding Fridays, Saturdays and statutory holidays in UAE.
"you", "your" means the cardholder or the person to whom the Card is issued.
1.2. We may partner with third parties with respect to the issuance, management or distribution of Cards. All references to 'we', 'us' or 'our' herein shall, where required, be construed to include the Programme Manager or agents appointed by us.
1.3. Any references to 'Card' also include any Replacement Cards.
2. THE CARD
2.1. The Card can only be sold to individuals over the age of 18 through the participating Service Locations.
2.2. The Card is a stored value card which allows you to access the Available Funds. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have with us.
2.3. The Card is not a debit card or credit card and you will not earn profit on any Available Funds on the Card.
2.4. The Card cannot be used to withdraw cash at ATMs or from banks, to carry out mail order, internet or other non-face-to-face transactions, as a guarantee of payment, or as an arrangement for periodic billing. There is no credit line associated with the prepaid gift Card and it cannot be re-loaded.
2.5. We may carry out Identification Checks before we issue a Card to you. We do this to combat fraud and money laundering and to assist us in identifying you in the event that your Card is lost or stolen. Identification is only retained for as long as is necessary for the purposes of administering the Card.
2.6. If you fail to provide us with the requested identification, or if at our sole discretion we are not satisfied with the evidence you have presented to us, we reserve the right not to issue a Card to you. Our decision shall be final and we shall not be obliged to provide a reason for refusing to issue a Card to you.
2.7. Your Card will be issued to you on the basis of the required information that you have provided, based on the type of Card issued and you agree to provide accurate personal information and to advise us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by following the instructions in the User Guide or as we may notify you from time to time.
2.8. Activation of the Card will be affected in accordance with the steps outlined in the User Guide.
2.9. Your use of the Card for making any Transaction shall constitute an agreement by you to pay any and all fees, commission, and charges on such Transaction as prescribed by us from time to time. You confirm that you have read and agreed to the schedule of fees, commission and charges for usage of the Card for any Transaction. The Card is provided to you subject to our schedule of fees, charges and limits as amended and notified to you.
2.10. As the applicant you are responsible for all Cards issued to you under the Agreement and for any fees or charges that these Cards may incur.
2.11. We may at our sole discretion issue, restrict or withdraw any number of Cards that relate to you.
2.12. The Card is and will at all times, remain our property and must be returned to us immediately upon request.
3. USING THE CARD
3.1. You may only use the Card in accordance with the Agreement and we have the right to restrict the services and facilities provided pursuant to the issue and usage of the Card at our sole discretion and terms.
3.2. The Card may only be used for financial transactions within the United Arab Emirates via POS terminal.
3.3. The Available Funds will be reduced by the full amount of each Transaction plus any applicable Charges.
3.4. The Card may not be accepted at some Merchant locations which are not in compliance with either our internal policies or Shari'a requirements as determined at our sole discretion.
3.5. Merchants that accept the Card are required to seek authorisation from us or through any appointed payment processor for all Transactions that you make and we cannot stop a transaction once authorised. Some Merchants may not be able to authorise your Transaction if they cannot obtain an online authorisation from us. In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, it may result in the value of the transaction being deducted from the Available Funds; we refer to this as a 'Hanging Authorisation' or "Block". In such cases, you will need to contact customer services in accordance with the User Guide. You will be asked to provide relevant evidence to show that the transaction in question has been cancelled or reversed. In the absence of sufficient evidence we retain the right to impose a waiting period of five Working Days prior to the reinstatement of the blocked amount on to your Card.
3.6. There are circumstances, when using the Card at certain Merchants, where you may be required to have Available Funds greater than the value of the transaction you wish to make. This amount will be reserved to cover tips/gratuities, temporarily reducing the balance available on the Card. This is required as the Merchant may need to access more funds than you initially planned to spend, however, you will only be charged for the actual and final amount of the transaction you make.
3.7. The Card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the 'expiry date'. For clarity, the phrase "Expires 1 Year From Purchase" is printed on the face of the Card. On the expiry date, the card will cease to function and you will not be entitled to use the Card, the Available Funds at the expiry date will be forfeited.
3.8. Your Card's expiry date will be printed on the recipient receipt which you received at the time of purchase. If you purchased your Card on the internet, your Card's expiry date will be shown within the confirmation email which you received following purchase and on the recipient receipt which was enclosed with the gift card when it was delivered to you.
3.9. If you have not redeemed the remaining balance of the Card within the expiry date, you agree that you will have waived any such right of redemption or refund of the available balance.
3.10. You agree not use the Card in any manner that could damage, disable, overburden, or impair the Card. You also agree not to use the Card for money transfers, accessing or purchasing goods from adult or gambling locations or internet sites, or for any non-sharia compliant or unlawful activity.
3.11. You must comply with all applicable laws and regulations (including any foreign exchange controls) in respect of the Card in the UAE. We reserve the right to suspend the Card, terminate the Agreement and exercise any other remedies available to us due to your failure to comply with any part of this provision. You agree that we have no obligation to monitor, review or evaluate the legality of your Transactions and that such actions shall be your sole responsibility. We are not liable for any prohibited use or misuse of the Card whatsoever.
3.12. The Card can only be used if it is in credit and you are solely responsible for ensuring that there are sufficient Available Funds for an intended Transaction.
3.13. We are entitled to set off any sum of money on the Card due from you to us against any positive balance on any other card held by you with us.
3.14. Any usage of the Card inconsistent or in contravention with the usage described in the Agreement is not permitted.
3.15. If you are entitled to a refund for goods or services purchased using the Card, or another credit for any other reason, such refund or credit will be made to the Card, in the applicable currency thereby increasing the Available Funds.
3.16. Our record of any Transaction shall be final and binding. You will not be provided with a printed statement, and can check your Available Funds following the process described in the User Guide.
3.17. You acknowledge that the available balance in the Card may be different from the balance amount as displayed through any channel, due to pending Transactions or other blocked amounts (being amounts transacted but not processed) relevant to the Card.
4. Loading and Re-loading
4.1. Additional funds cannot be loaded on to the Card after initial issuance, except in a case where a Merchant refunds a transaction to the Card in question.
4.2. Unless stated otherwise the Loaded amounts will be credited to the Available Funds when the Issuer receives such amounts directly or indirectly through the permitted channels
4.3. You agree to present the Card and meet identification requirements as may be required from time to time to complete the Load.
4.4. The Card can be activated at the point of purchase/issuance or through the secure website, as mentioned in the User Guide and you will be required to register and activate the Card in accordance with the User Guide. The monies loaded on to the Card will normally be available for use one hour after activation. Loading of the Card shall be subject to such minimum and maximum values as we may specify from time to time.
4.5. If the Card was purchased over the internet, the Card will require activation upon receipt and you will be required to register the Card in accordance with the User Guide. The monies loaded on to the Card will normally be available for use one hour after activation.
4.6. The Service Location is authorised to withhold any Load, and will not release the funds in relation to such Load, if the Service Location has reasonable grounds to believe that such funds are from suspicious, illegal or illegitimate sources. The Service Location will contact you for further information and such other necessary proof (to our satisfaction) on the source of such Loads. If we are not satisfied with such information or proof, we are authorised to surrender such amounts, without further notice to you, to the relevant law enforcement authorities for further investigation and/or legal action.
4.7. You give us irrevocable authorisation to recover any funds erroneously loaded to your Card. If an authorised load to your Card has an error or if you require additional information, you must contact us immediately through the channels provided in the User Guide or the Service Location.
5. Keeping your Card and PIN secure
5.1. A prepaid gift Card is a prepaid, stored value card and should be treated just like cash in a wallet or purse. If the prepaid gift Card is lost or stolen, you will lose any funds held on the prepaid gift Card just as if you lost your wallet or purse.
5.2. You must do all that you reasonably can to keep the Card safe and the PIN and other security details secret and safe at all times and not disclose them to any third party. Any misuse by a third party will be at your risk.
5.3. You must memorise the PIN and never disclose to any third party.
5.4. You must never; (i) allow anyone else to use the Card, PIN or other security details; (ii) write down the PIN or any other security information together with the Card; or (iii) give the PIN to anyone, authorised or unauthorised.
5.5. We will never ask you to reveal any PIN.
5.6. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please request PIN retrieval in accordance with the User Guide. There may be a twenty-four (24) hour delay in reactivating your PIN.
5.7. You must promptly notify us of any loss or theft of the Card or PIN. We will suspend the Card to prevent further use. If a lost Card is subsequently found, it must not be used unless we confirm it may be used. We will not be liable for any misuse of the Card arising out of the loss, theft or misuse of the Card or the PIN. We may issue you a Replacement Card in the event of loss or theft of your Card subject to you providing the necessary documents and information. Issuance of a Replacement Card may be subject to a fee.
5.8. You will be required to confirm details of any loss, theft or misuse to us in writing and you must assist us, the police and any other official investigation authority in any enquiries.
5.9. We will be entitled to assume that a transaction was authorised by you where the correct PIN is entered at the point of sale or where relevant information is supplied to the retailer that allows them to process the transaction.
5.10. We may refuse to approve a Transaction and/or suspend the Card, with or without notice, if we think the Card has been or is likely to be misused or if you have breached the Agreement, including if we suspect any illegal use of the Card. If we do suspend the Card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures.
6. Unauthorised transactions
6.1. You must notify us of any unauthorised transactions immediately and in any event within thirty (30) 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.
6.2. You will be liable for all losses in respect of the Card if you have (i) acted fraudulently; (ii) failed to use the Card in accordance with the Agreement; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the Card; or (iv) have failed to take all reasonable steps to keep the Card's security features safe.
6.3. 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.
7. Fees and Limits
7.1. Fees and limits apply to the Card, as indicated in the User Guide. The fees we charge are subject to change from time to time, in accordance with the Agreement. You will be notified of any change in the applicable fees through the website nominated in the User Guide.
7.2. You agree to pay and authorise us to debit the Available Funds for the fees set out in the User Guide. These fees may be debited from the Available Funds as soon as they are incurred.
7.3. Certain Merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the Merchant by including it in the Transaction amount and is not retained by us.
8. Foreign Currency Transactions
8.1. A foreign exchange rate will apply to POS Terminal transactions where the transaction is in a currency other than that available on the Card.
8.2. If a foreign exchange conversion takes place, the conversion will be undertaken according to the applicable currency conversion regulations and procedures.
8.3. Foreign exchange rates are subject to variation and the rate that applies one day will not necessarily be the same on any other day and may include a currency conversion fee.
8.4. Additional fees may also apply in respect of foreign exchange conversions.
9. Redeeming Unspent Funds
9.1. We are not under any obligation to refund any Loaded amount to you if you do not utilise the Card after it has been Loaded.
9.2. Unless otherwise specifically stated in the User Guide, the Available Funds in the Card will not be refunded to you in any form whatsoever. The funds representing the Available Funds in the Card can be accessed by you only by performing a Transaction during the Card validity period.
10. Ending the Agreement
10.1. The Agreement shall terminate on the expiry of the Card issued to you under the Agreement
10.2. We may ask for the return of the Card and end the Agreement, prior to the Termination Date, with or without notice, if you materially breach any of these Terms and Conditions.
10.3. Upon ending the Agreement in accordance with this clause 10, you will no longer be able to use the Card. Where applicable, the ending of the Agreement will not affect your right (if any) to redeem unspent funds in accordance with clause 9.
11. Changing the terms
11.1. You are deemed to have read, understood and agreed to be bound by the Agreement. At any time, we may change, add, amend, supersede or supplement any or all of the provisions of the Agreement. Such amendments will be available on the website nominated in the User Guide and will be effective from the date of such change. Such changes are deemed to be binding on you whether or not you have received specific notice in person of such amendments.
11.2. We may amend the Agreement without notice, in order to comply with applicable laws and regulations.
12. Personal Data
12.1. We may contact you by telephone, letter, SMS or email at the contact details you provide us. You must let us know immediately if you change your name, address, phone number or email address.
12.2. By purchasing the Card and using it, you irrevocably authorise us to disclose and furnish to our authorised representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Programme Manager, our third-party advisers and marketing partners) such information as we deem fit concerning you ("Personal Information"), including but not limited to, the Card governed by these Terms and Conditions.
12.3. Your Personal Information may be disclosed by us to third parties (including the Programme Manager and other third-party providers), to enable us to provide the Card Services and for data analysis (including market research), anti-money laundering, detection of crime, legal compliance, enforcement and fraud prevention purposes and in general in compliance of any applicable laws and regulations.
12.4. Unless you expressly instruct us to the contrary we shall be at liberty to share the necessary information relating to you with our brand partners with whom we have entered formal agreements, for the purpose of cross selling and marketing of goods and services to you.
12.5. We shall have an unconditional right to disclose any Personal Information 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 of the UAE or any other country).
12.6. Your Personal Information may be processed outside of the country of purchase, but all service providers are required to have adequate safeguards in place to protect your Personal Information.
13. Liability
13.1. The Card is issued entirely at your risk. We and/or Distributors shall bear no liability whatsoever for any loss or damage arising from the issuance of the Card, howsoever caused. Use of the Card for any transaction shall be at your sole risk. By purchasing and using the Card you confirm assuming any and all financial risks incidental to or arising out of the Card's usage with no further liability to us and/or Distributors.
13.2. You agree to fully indemnify Commercial Bank of Dubai and the Distributors harmless against any and all actions, proceedings, costs, losses or damages (including legal costs) we and/or Distributors may suffer in connection with the usage of the Card or any misuse of the Card, PIN and/or other facilities provided to you in relation to the Card. This includes any liability arising from your failure to maintain safe custody of the Card at any time before the Card is cancelled.
13.3. You hereby agree to fully indemnify and hold Commercial Bank of Dubai, our officers, employees, agents and Distributors harmless against any liability, loss, charge, demand, proceedings, cost (including legal fees), or expense, which Commercial Bank of Dubai and/or distributors may suffer, pay or incur as a result of us, our officers, employees or agents acting upon or delaying or refraining from acting upon instructions of you or purporting to be from you or which we believe have been issued by or for you or in any way in connection with the Card or the Agreement, or in enforcing these Terms and Conditions and in recovering any amounts due to us or incurred by us in any legal proceedings of any nature.
13.4. We and/or Distributors 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 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.
13.5. We and/or Distributors are not responsible for ensuring that POS Terminals will accept the Card, or for the way in which a Merchant processes a transaction. We will not be liable to you for any non-acceptance of the Card, for disputes concerning the quality of goods or services purchased on the Card or any additional fees charged by the operators of these terminals.
13.6. Information sent over the internet may not be completely secure and the internet and the online systems are not controlled or owned by us. Therefore we cannot guarantee that they will function at all times and we accept no liability for unavailability or interruption, or for the interception or loss of any information or other data.
13.7. We and/or Distributors will not be liable under any of the following circumstances:
(a) If, through no fault of ours, there are insufficient funds available on the Card to complete a Transaction;
(b) If the Card is not honoured, is declined, is damaged or is confiscated at any POS Terminal for any reason;
(c) If an electronic terminal where you are making a transaction does not operate properly;
(d) If a Load has been declined due to our discretion;
(e) If access to the Card has been blocked after you have reported the Card lost or stolen;
(f) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(g) If we (in our sole discretion) have reason to believe the requested Transaction is unauthorised;
(h) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
(i) Any consequential damages, extraordinary damages, special or punitive damages; and
(j) Any other exception stated in these Terms and Conditions.
13.8. 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 Card.
14. Disclaimers
14.1. We shall be absolved of any liability in case:
(a) you fail to avail the usage of the Card due to force majeure conditions including but not limited to not being in the required geographical range or any other reason including natural calamities; legal restraints or any technical lapses in the telecommunication network or any other reasons beyond our actual control. Also we are herein absolved of any kind of liability arising due to a loss; direct or indirect incurred by you or any other person due to any lapse in the facility owing to the above-mentioned reasons.
(b) 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 Card is blocked or cancelled); there is loss of any information during processing or transmission or any unauthorised access by any other person or breach of confidentiality;
(c) 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);
(d) any loss or damage whether direct, indirect or consequential, including but not limited to loss of business, contracts, or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by you or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error by us in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from your telecommunication equipment and the network of any service provider and our system or any breakdown, interruption, suspension or failure of your telecommunication equipment, our system or the network of any service provider and/or any third party who provides such services as is necessary to provide.
14.2. We shall not be involved in or in any way liable to you for any dispute between you and a cellular services provider or any third party service provider (whether appointed by us in that behalf or otherwise).
14.3. We shall not be held liable for any loss incurred by you due to use of the Card by any other person with your express or implied permission. We shall not be held responsible for the confidentiality, secrecy and security of the personal or account information being transmitted for affecting your instructions.
14.4. We shall not be held liable for any loss suffered by you due to disclosure of the personal information to a third party by us, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.
14.5. We will endeavour to make sure the 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 Card.
15. Communication and Notices
15.1. If you have any queries regarding the Card, please refer to the User Guide and/or the website nominated in the User Guide.
15.2. We can be contacted using the contact details provided in the User Guide.
15.3. We undertake to communicate with you in English regarding any aspect of the Card.
15.4. You agree that we may communicate with you by email or SMS or through the website nominated in the User Guide for issuing any notices or information about the Card and therefore it is important that you ensure that you keep your email address or mobile phone number updated and regularly check the applicable website.
15.5. We may record and shall keep a record of your application form, identification documents, and request forms and electronic other written or verbal communications for as long as we consider appropriate.
15.6. You agree that all the telephone calls between you and us may be tape recorded by us and that such recording may be submitted in evidence in any proceedings.
15.7. Save as otherwise provided in these Terms and Conditions, any demand or communication made by us under the Agreement will be in writing in English and/or Arabic and made at the address given by you (or such other address as you may notify us from time to time).
15.8. Any notice sent by either party under the Agreement by email shall be deemed given on the day the email is sent, unless the sending party received an electronic indication that the email was not delivered; and if by post, shall be deemed given ten (10) Working Days after the date of posting.
16. General Provisions
16.1. In addition to any general right to set-off or other rights conferred by the law to us, you agree that we may in our absolute discretion at any time and without notice combine and consolidate all or any amounts in any Card of yours regardless of currency to set-off or transfer any amount in such Card in or towards discharge of all amounts due to us under any Card whether in AED or any other currency and may do so notwithstanding that the balances on such Cards and the sums due may not be expressed in the same currency and you hereby authorise us to offset any such combination, consolidation, set-off or transfer with the necessary conversion at our prevailing exchange rates which shall be determined by us at our absolute discretion.
16.2. 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.
16.3. No waiver by us will be effective unless it is in writing.
16.4. 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.
16.5. We shall not be liable for our inability to pay due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond our control. In such event no other office, branch, subsidiary or affiliate of ours shall be responsible or liable to you.
16.6. We are entitled to record all communication and conversations (including telephone conversations) with you and/or any authorised representative of yours and messages and/or instructions sent to us whether by telephone, in person, voice, use of a touch-tone key pad, electronically or otherwise and transactions conducted by or through any such medium. Our record of all such communications, conversations, instructions, messages and transactions will be conclusive and binding on you for all purposes.
16.7. 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.
16.8. These Terms and Conditions and User Guide 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.
17. Law, Jurisdiction
The Agreement and any disputes, which arise under it, shall be governed by the laws of the Emirate of Dubai and applicable federal laws of the United Arab Emirates and is subject to the non-exclusive jurisdiction of the Dubai Courts.
18. Three Day Super Sale
18.1. This promotion is valid from 25-27 November 2021.
18.2. Spend AED 1,000 or more across retail shops and Ripe by the Bay and get 10% cashback on your Festival City Malls Gift Card. Earn more by including a minimum spend of AED 50 at Ripe by the bay to receive 12.5% cashback in total.
18.3. As a tourist staying the Intercontinental, Crowne Plaza or Holiday Inn Dubai Festival City, you can enjoy 15% cashback on your Festival City Malls Gift Card when you spend AED 1,000 or more across retailers at the mall.
18.4. Customer must show original receipts (accumulated or single receipt) of AED 1,000 from any retail shops or Ripe by the Bay to customer service desk to avail the cashback.
18.5. Customer can only avail the cashback once (1) per day, 1 gift card per day.
18.6. A maximum of 200 customers per day can participate the promotion.
18.7. Accumulated receipts must be valid within the period of the promotion.
18.8. Customer must pay AED 15 gift card issuance fee.
18.9. There is a maximum cap of AED 10,000 spend or more will be set at a cashback reward of AED 1,000 (10%), AED 1,250 (12.5%) and AED 1,500 (15%)
18.10. 10%, 12.5% and 15% cashback on Festival City Mall Gift Card cannot be split, in cash nor be transferred or use to pay the issuance fee.
18.11. The Card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the 'expiry date'. For clarity, the phrase "Expires 1 Year from Purchase" is printed on the face of the Card. On the expiry date, the card will cease to function.
18.12. Photocopies or facsimiles of receipts are not be valid.
18.13. SMS receipts, photocopy, duplicate or credit and debit card receipts is not allowed and acceptable. Receipts marked DUPLICATE will not be accepted in this promotion.
18.14. Receipts from banks or financial services are excluded from this promotion.
18.15. The gift card can only be sold to individuals over the age of 18 through the Customer Services Desks.
18.16. We may carry out identification checks before we issue the gift card. We do this to combat fraud and money laundering and to assist us in identifying you if your card is lost or stolen. Identification is only retained for as long as is necessary for the purposes of administering the card.
18.17. Customer must present a valid ID (Emirates ID for UAE residence or Passport copy for tourists) to join the promotion.
18.18. If you fail to provide us with the requested identification, or if at our sole discretion we are not satisfied with the evidence you have presented to us, we reserve the right not to issue a gift card to you. Our decision shall be final, and we shall not be obliged to provide a reason for refusing to issue a gift card to you.
18.19. The gift card is a stored value card which allows you to access the Available Funds. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have with us.
18.20. The gift card cannot be used to withdraw cash at ATMs or from banks, to carry out mail order, internet or other non-face-to-face transactions, as a guarantee of payment, or as an arrangement for periodic billing. There is no credit line associated with the prepaid gift Card and it cannot be re-loaded.
18.21. Your gift card will be issued to you on the basis of the required information that you have provided, based on the type of Card issued and you agree to provide accurate personal information and to advise us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by following the instructions in the User Guide or as we may notify you from time to time.
18.22. As a customer, you are responsible for all gift card issued to you under the Agreement and for any fees or charges that these Cards may incur.
18.23. We may at our sole discretion issue, restrict or withdraw any number of gift cards that relate to you.
18.24. The gift card is and will always, remain our property and must be returned to us immediately upon request.
18.25. Dubai Festival City Mall is not liable for any misuse, stolen, fraudulent transaction, loss and damage of card.
18.26. By participating in this promotion, you are allowing Dubai Festival City Mall and Al-Futtaim Group to get in touch with you on any future events and offers. This will be done in a form of email or SMS.
18.27. Dubai Festival City Mall has the right to reject any customers who are rude, disrespectful, or displaying inappropriate behavior during the promotional activities or toward the staff.
Dubai Festival City Mall reserves the right to amend these rules at any time. Entry into the promotion indicates acceptance of these rules. We also reserve the right to cancel the promotion at any time without any official or prior notice.