General Conditions
1. Personal Details
Any personal details that you provide in connection with the Gift Card and Vouchers will be processed in accordance with our privacy policy, which can be consulted on www.mdabooksworld.com or www.mdacapitalinvest.com. It is important that you carefully read and understand this information.
2. Security
You must treat the Gift Card like you would treat cash. In the event of loss, the Gift Card will not be replaced, and any balance will be lost.
You must keep the number of the Gift Card and the three-digit security code safe at all times, and should not communicate it to anyone other than MDA BOKS WORLD or MDA CAPITAL INVEST or employees of Participating Outlets.
3. Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
4. Redemption
Our Gift Cards and Gift Vouchers (including products branded as Gift Certificates) ("Gift Cards") may only be redeemed toward the purchase of eligible products on www.mdabooksworld.com or www.mdacapitalinvest.com. Redemption of Gift Cards on any affiliated website is subject to change in our sole discretion. Purchases are deducted from the redeemer's Gift Card balance. Any unused Gift Card balance will be placed in the redeemer's account. If a purchase exceeds the redeemer's Gift Card balance, the remaining amount must be paid with another payment method (credit cards, debit card or direct bank transfer) as provide above. We may always provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. To view your Gift Card balance, visit Your Account on www.mdabooksworld.com. No fees apply to
Gift Cards.
5. Fraud
We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on MDA BOOKS WORLD or any of its affiliated, hereinafter referred to MDA CAPITAL INVEST.
6. Limitation
Gift Cards, including any unused Gift Card balances, expire ten years from the date of issuance. Gift Cards may not be redeemed for the purchase of products at www.mdabooksworld.com or www.mdacapitalinvest.com, or any other person or entity, except as indicated in these general terms and conditions. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
7. Limitation of Liabilities
IN THE EVENT THAT A CLIENT'S GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
YOU ARE RESPONSIBLE FOR THE USE AND THE SAFETY OF THE GIFT CARD AND LIABLE FOR ANY TRANSACTIONS FOR WHICH THE GIFT CARD IS USED (EXCEPT IN THE EVEN OF OUR NEGLIGENCE). IN THE EVENT OF THEFT OR LOSS OF THE GIFT CARD, OR IF YOU SUSPECT THAT THE GIFT CARD HAS BEEN USED FOR A TRANSACTION FOR WHICH YOU HAVE NOT GIVEN YOUR PERMISSION, YOU MUST IMMEDIATELY REPORT THIS TO THE CUSTOMER SERVICE.
WE ACCEPT NO LIABILITY FOR LOSS, THEFT, DESTRUCTION OR IMPROPER USE OF GIFT CARDS, UNLESS THIS IS THE RESULT OF OUR NEGLIGENCE.
WE CANNOT BE HELD LIABLE FOR LOSS OF TURNOVER, USE, PROFIT, EXPECTED PROFIT, CONTRACTS, INCOME, GOODWILL OR EXPECTED SAVINGS; LOSS OF DETAILS OR OF USE OF DETAILS; OR CONSEQUENTIAL LOSS, EXTRAORDINARY LOSS OR INDIRECT LOSS, INCLUDING IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS.
TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TOWARDS YOU FOR ANY LOSS (EITHER DIRECT OR CONSEQUENTIAL LOSS) AND WILL NOT BE IN DEFAULT UNDER THESE TERMS AND CONDITIONS IN THE EVENT THAT IT FAILS TO COMPLY WITH ANY OBLIGATION IN CONNECTION WITH THE GIFT CARD IF THE CAUSE THEREOF IS AN EVENT THAT IT COULD NOT REASONABLY HAVE CONTROLLED OR PREVENTED. SUCH EVENTS INCLUDE NATURAL DISASTERS, ACTS OR OMISSIONS ON THE PART OF GOVERNMENTS OR GOVERNMENT INSTITUTIONS, STRIKES OR OTHER BUSINESS-RELATED ACTION, FIRES, FLOODS, STORMS, RIOTS, POWER SHORTAGES OR CUTS, DISRUPTION DUE TO ACTS OF WAR AND OTHER ACTIONS OR OMISSIONS ON THE PART OF THIRD PARTIES.
WITHOUT PREJUDICE TO THE CONDITIONS OF THIS AGREEMENT, OUR LIABILITY TOWARDS YOU IS LIMITED TO THE AMOUNT OF THE BALANCE ON THE GIFT CARD IF ONE OF THE FOLLOWING EVENTS TAKES PLACE (IN WHICH CASE THE EARLIEST OF THESE EVENTS APPLIES):
- THE GIFT CARD IS CANCELLED BY US;
- THIS AGREEMENT IS TERMINATED BY US; AND
- THE TERM OF VALIDITY OF THE GIFT CARD EXPIRES.
NOTHING IN THIS AGREEMENT SERVES TO EXCLUDE OR LIMIT LIABILITY FOR:
- DEATH OR PERSONAL INJURY DUE TO NEGLIGENCE;
- DELIBERATE DECEPTION; AND
- ANY OTHER FORM OF LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.