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These Terms and Conditions apply to and regulate the issuance and usage of gift cards offered by ADORA (Concept Jewellery (India) Pvt. Ltd.). These terms and conditions (the “Terms”) shall be in addition to any other terms as stipulated by ADORA from time to time.
1. DEFINITIONS:
In these terms and conditions, unless there is anything repugnant to the subject or context thereof, the following words / expressions shall have the meaning as stated herein under:
""Affiliate" means and includes:
has a direct or beneficial interest or control, For the purpose of this clause, "control" together with grammatical variations when used with respect to any person, means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the vote carrying securities, by contract or otherwise howsoever; and "person" means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
""Card" or “Gift Card” refers to issued by ADORA to the Cardholder on the request of the Enterprise and pursuant to the Enterprise applying for the Gift Card and fulfillment of all other relevant terms and conditions as stipulated by ADORA from time to time.
“Card Account" shall mean the account opened in the name of the Card-holder and maintained by ADORA for the purpose of usage of the Card as per the terms and conditions contained herein.
“Cardholder(s)" or “Card Member“shall mean such individuals to whom the Card has been issued on the request of the Enterprise and who are authorized to hold and use the Card.
“Enterprise” shall mean and include any company, partnership firm and sole proprietorship firm that desires to provide the Card to its employees / consultants / agents / distributors and in connection thereto, executes a Gift Card Application nominates all or any of its employees / consultants / agents / distributors to use the Card.
"ADORA" or “ADORA” shall mean ADORA, the proprietors / owners of the Card, its successors, assigns and nominees / representatives.
"Merchant Establishment" shall mean such physical establishments, located in India, which honor an ADORA Gift card it shall include ADORA showrooms and other partner establishments as updated from time to time.
"Merchant" means any person who owns or manages or operates a Merchant Establishment.
"POS Terminal" means the point of sale (POS) electronic terminals at Merchant Establishments in India, capable of processing ADORA Gift Card transactions and at which, the Cardholder can use his Card to access the funds from the Card Account held with ADORA.
"Transactions" shall mean any instruction given by a Cardholder using a Card directly or indirectly to merchants to effect a transaction.
2. INTERPRETATION:
a) All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
b) Words importing any gender include the other gender.
c) Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, reenactments or replacements for the time being in force.
d) All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the Terms.
e) The rules of interpretation as set out in the General Clauses Act shall, unless it be repugnant to the subject or context thereof, apply to the Terms as if incorporated herein.
3. APPLICABILITY OF TERMS:
By signing or designating any individual to receive the Card or by any such individual signing, or using or accepting the Card, the Enterprise agrees to be bound by the Terms. The Cardholder shall be deemed to have unconditionally agreed to and accepted the Terms by performing a transaction with the Card or acknowledging receipt of the Card in writing, or by signing on the reverse of the Card.
4. ISSUANCE OF CARDS:
ADORA may issue the Gift Card to the individuals on the request of the individual or the Enterprise and pursuant to individual or the Enterprise applying for the Gift Card in a prescribed manner, providing the list of individuals (containing their names and addresses) to whom the Card is to be issued. ADORA may also do a Field Investigation report on the enterprise/s & cards would be issued & activated based on the limits as approved in the field investigation report. The Card shall be activated subject to the desired amount (inclusive of the charges, if any ) being credited to ADORA by the Individual or Enterprise as the case may be by means approved by ADORA. The Card Account can be credited to a minimum value of Rs 1000 and maximum value of Rs 49,000. The Cardholder shall use the Card to the extent of the amount credited to the Card Account. The Card-Member and the Enterprise shall be bound to comply with the Terms and all the policies stipulated by ADORA from time to time in relation to the Gift Card.
5. FEATURES OF CARD:
The Cardholder can use the Card to make payments at Merchant Establishments. No interest shall be payable on the amount credited on the Card Account. The facility of balance transfer from one Card Account to another shall not be available. The individual or the enterprise may contact ADORA Customer Care Centres in the event the individual or enterprise desires to intimate ADORA in respect of any issue regarding the Gift Card. No cash withdrawal would be permitted on the gift card.
6. LOST OR STOLEN CARDS:
If a Card is lost or stolen, the Cardholder must file a FIR report with the local police and send a copy of the same to ADORA. The Cardholder may report a Card loss to the ADORA customer care centres in writing. ADORA upon adequate verification will subsequently cancel the Card during working hours on a working day following the receipt of such intimation and on the request of the individual or enterprise issue a new Card subsequently. Replacement card charges will be levied to Cardholder. The Cardholder is responsible for the security of the Card and shall take all steps towards ensuring the safekeeping thereof. The Cardholder will be liable for all charges incurred on the Card if the Card is lost /stolen. Further, in the event ADORA determines that the aforementioned steps are not complied with, financial liability on the lost or stolen Card would rest with the Cardholder.
The Cardholder shall take cognizance of the fact that once a Card is reported lost, stolen or damaged and is subsequently found, the same shall be promptly cut in half, returned to ADORA and adequate care taken to prevent its misuse.
7. SURRENDER/REPLACEMENT OF CARD:
The Card issued to the Cardholder shall remain the property of ADORA and will be surrendered to ADORA, on request. The Cardholder shall return the Card to ADORA for cancellation in the event the services are no longer required by the Cardholder or if the services are withdrawn by ADORA for any reason whatsoever. In case of lost of card; the card account can be blocked only by the card holder by submitting a written application in a prescribed format and furnishing the required information for blocking the card. A replacement card would only be issued on the request of the individual enterprise/s. In case of death of the Cardholder, a new replacement Card, on the same terms and conditions or such other terms and conditions as ADORA may deem fit, shall be issued in the name of the legal heir of the Cardholder subject to a request for such issue is made by the individual or Enterprise & producing the required documents proving himself/herself to be the legal heir. In case of permanent total disability of the Cardholder, a new replacement Card, on the same terms and conditions or such other terms and conditions as ADORA may deem fit, shall be issued in the name of the person as is communicated by the individual or enterprise/s subject to a request for such issue is made by the individual or Enterprise. The replacement card will be issued subject to the tenure of the card being still live and money being available on the card.
8. TERMINATION:
The Card is valid upto a period of 6 months from the date of activation of the Card. However, before the expiry of said period of 6 months, the Card shall cease to remain valid if the balance in the Card Account reaches zero. ADORA may at any time with or without notice as to circumstances in ADORA’s absolute discretion require terminate the Card.
9. USAGE GUIDELINES:
The Cardholder shall at all times ensure that the Card is kept at a safe place and shall under no circumstances whatsoever allow the Card to be used by any other individual. The Cardholder will sign the Card immediately upon receipt. The Cardholder will be responsible for all facilities granted by ADORA and for all related charges and shall act in good faith in relation to all dealings with the Card and ADORA.
10. LIABILITY IN CASE OF UNAUTHORIZED TRANSACTIONS
The liability of the Cardholder for disputed, unauthorized transactions shall be limited to zero provided the Cardholder notifies ADORA in writing immediately of such disputed, unauthorized Transactions and the Cardholder is not, in the opinion of ADORA, guilty of negligence, fraud or collusion. Provided, however, the liability of the Cardholder in respect of disputed, unauthorized transactions carried out under loss or stolen Cards shall be limited to zero only if such disputed, unauthorized transactions have been done within a period of 7 days prior to the date of such written notification to ADORA. ADORA shall not provide any provisional credit to the Card Account for such cases. ADORA may, at its sole discretion determine if investigations are required, including those for the disputed, unauthorized Transactions and/or merchant types and /or if the prior account history of the Cardholder is unsatisfactory and/or if the nature of disputed, unauthorized Transactions justifies the necessity of investigations and increase the amount of the Cardholder’s liability for such disputed, unauthorized Transactions if ADORA, in its sole opinion, determines, based on available evidence (provided by the Cardholder or otherwise), that the Cardholder was grossly negligent or fraudulent in the handling of the Card (including protecting the Card and reporting the loss or unauthorized Transactions).
In Case of charge back being done to the card, the Card would be credited with the charge back amount. Post this, if the card is within the validity period, the card would be re activated & the necessary charges would be debited. In case there is still a balance on the card post the levy of charges, the Cardholder can use the Card.
In case if the card has crossed the expiry date or has zero balance in the account then the card and the account would be deactivated and no investigations will be made.
11. STATEMENTS AND RECORDS
The Cardholder will inform ADORA in writing within 7 days, if any irregularities or discrepancies exist in the transactions/ particulars of the Card Account on any form of electronic or printed statement that is made available to the Cardholder. If ADORA does not receive any information to the contrary within 7 days ADORA may assume that the Statement and the transactions are correct. All records maintained by ADORA, in electronic or documentary form of the instructions of the Cardholder and such other details (including. but not limited to payments made or received) pursuant to this terms and conditions, shall as against the Cardholder, be deemed to be conclusive evidence of such instructions and such other details.
12. MERCHANT LOCATION USAGE:
The Card is acceptable at all Merchant Establishments in India which are recognised and mentioned by ADORA. The Card is for electronic use only as in the case of the charge slip/ sales slip printed electronically from the POS terminal.
The Cardholder must sign a sales slip whenever the Card is used at a Merchant Establishment and should retain his copy. ADORA at an additional charge may furnish copies of the sales slip. Any sales slip not personally signed by the Cardholder, but which can be proved as being authorised by the Cardholder will be his liability. The amount of the transaction is debited from the Card Account linked to the Card immediately. The Card is operable with the help of the Cardholder's signature at POS terminals installed at Merchant locations depending on the functionality of the POS Terminal. ADORA will not accept responsibility for any dealings, which the Cardholder may have with the Merchant including but not limited to the supply of goods and services. In the event the Cardholder has any complaints concerning any Merchant Establishment, the matter should be resolved by the Cardholder with the Merchant Establishment and failure to do so will not relieve him from any obligations to ADORA.
However, the Cardholder should notify ADORA of this complaint immediately, ADORA accepts no responsibility for any surcharge levied by any Merchant Establishment and debited to the Card Account linked with the Card with the Transaction amount. Any charge or other payment requisition received from a Merchant Establishment by the ADORA for payment shall be conclusive proof that the charge recorded on such requisition was properly incurred at the Merchant Establishment for the amount and by the Cardholder using the Card referred to in that charge or other requisition, except where the Card has been lost, stolen or fraudulently misused, the burden of proof for which shall be on the Cardholder. In case a Cardholder wishes to cancel a completed transaction due to an error or on account of merchandise return, the earlier sales slip must be cancelled by the Merchant and a copy of the cancelled sales slip must be retained in the Cardholder's possession. In the event of reversal/refund of debits due to such Transactions charge slip / sales slip needs to be produced by the Cardholder, if called for.
13. EXCLUSION FROM LIABILITY
In consideration of ADORA providing the Cardholder with the facility of Card, the Cardholder and the Enterprise hereby agrees to indemnify and keep ADORA indemnified from and against all actions, claims, demands, proceedings, losses, damages, personal injury, costs, charges and expenses whatsoever which ADORA may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of providing the Cardholder the said facility of the Card or by reason of ADORA acting in good faith and taking or refusing to take or omitting to take action on the Cardholder's instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the Cardholder; breach or noncompliance of the rules/ Terms relating to the Card and the Account and/or fraud or dishonesty relating to any Transaction by the Cardholder or his employee or agents. The Cardholder shall also indemnify ADORA fully against any loss on account of misplacement by the courier or loss-in transit of the Card. Without prejudice to the foregoing, ADORA shall be under no liability whatsoever to the Cardholder in respect of any loss or damage arising directly or indirectly out of:
14. ADDITION/WITHDRAWAL OF FACILITIES:
ADORA may, at its discretion, make available to the Cardholder more services on the Card, POS Terminals, Internet or otherwise and/or other devices through Shared Networks for the Cardholder's convenience and use. All fees and charges related to Transactions done by the Cardholder at these devices, as determined by ADORA from time to time will be recovered by a debit to the Card Account linked with the Card. The Cardholder understands and agrees that the Shared Networks may provide different functionalities and service offerings and different charges for different services. ADORA shall also, in its sole discretion, at any time, without notice to the Cardholder, be entitled to withdraw, discontinue, cancel, suspend/or terminate the facility to use the Card and/or services related to it, at POS Terminal/Internet / other devices within India and shall not be liable to the Cardholder for any loss or damage suffered by him resulting in any way from such suspension or termination.
15. DISCLOSURES:
The Cardholder hereby irrevocably authorizes ADORA to disclose, exchange, share or part with all the information relating to the Cardholder's details and repayment history information and all information pertaining to and contained in the Terms or as expressed in the application made for the Card to its Affiliates / credit bureaus / agencies / statutory bodies as may be required and undertakes not to hold ADORA /its Affiliates/the other group companies of ADORA Group and their agents liable for use of the aforesaid information.
16. FEES AND CHARGES:
The fees once paid are not refundable. ADORA reserves the right at any time to charge the Cardholder for the issue or reissue of a Card and/or any fees/charges for the transactions carried out by the Cardholder on the Card. Any government charges, duty or debits, or tax payable as a result of the use of the Card shall be the Cardholder's responsibility and if imposed upon ADORA (either directly or indirectly), ADORA shall debit such charges, duty or tax against the Card Account. In addition, operators of Shared Networks may impose an additional charge for each use of their POS Terminal/other device, and any such charge along with other applicable fees/charges will be deducted from the Card Account.
There will be separate service charges levied for such facilities as may be announced by ADORA from time to time and deducted from the Card Account. In the situation that the Account does not have sufficient funds to deduct such fees, ADORA reserves the right to deny any further Transactions. The Cardholder also authorizes ADORA to deduct from his Account, and indemnifies ADORA against any expenses it may incur in collecting money owed to it by the Cardholder in connection with the Card. (including without limitation reasonable legal fees). ADORA may levy service and other charges for use of the Card, which will be notified to the Cardholder from time to time. The Cardholder authorises ADORA to recover all charges related to the Card as determined by ADORA from time to time by debiting the Card Account. Details of the applicable fees and charges as stipulated by ADORA will be displayed on the website and / or at the branches. The details of the charges are attached herewith as Annexure I
17. DISPUTES:
ADORA accepts no responsibility for refusal by any Merchant Establishment to accept and/or honor the Card. In case of dispute pertaining to a Transaction with a Merchant Establishment a charge/sales lip with the signature of the Cardholder together with the Card number noted thereon shall be conclusive evidence as between ADORA and the Cardholder as to the extent of liability incurred by the Cardholder and ADORA shall not be required to ensure that the Cardholder has duly received the goods purchased/to be purchased or has duly received the service availed/to be availed to the Cardholder's satisfaction. In case the Cardholder has any dispute in respect of any charge indicated in the Statement, the Cardholder shall advise details to ADORA within 7 days of the Statement date failing which it will be construed that all charges are acceptable and in order. ADORA may at its sole discretion accept any disputes on charges older than 7 days. ADORA shall make bonafide and reasonable efforts to resolve an aggrieved Cardholder's disagreement with the applicable charge indicated in the Statement within two months of receipt of the notice of disagreement. If after such effort ADORA determines that the charge indicated is correct then it shall communicate the same to the Cardholder along with details including a copy of the sales slip or payment requisition. Any dispute in respect of a Shared Network should be resolved by the Cardholder with the Shared Network, and failure to do so will not relieve him from any obligations to ADORA. However, the Cardholder should notify ADORA of the complaint immediately.
18 QUALITY OF GOODS ANS SERVICES:
ADORA shall not in any way be responsible for merchandise, merchandise warranty or services purchased, or availed of by the Cardholder from Merchant Establishments, including on account of delay in delivery, non-delivery, non receipt of goods or receipt of defective goods by the Cardholder. It must be distinctly understood that the Card is purely a facility to the Cardholder to purchase goods and/or avail of services, ADORA holds out no warranty or makes no representation about quality, delivery or otherwise of the merchandise. Any dispute or claim regarding the merchandise must be resolved by the Card Member with the Merchant Establishment. The existence of the claim or dispute shall not relieve the Card Member of his/her obligation to pay all the Charges due to ADORA and the Card Member agrees to pay promptly such charges.
19. GOVERNING LAWAND JURISDICTION:
ADORA, the Cardholder and the Enterprise agree that any legal action or proceedings arising out of this Terms and Conditions shall be brought in the courts or tribunals at Mumbai in India and irrevocably submitting themselves to the jurisdiction of that court or tribunal. ADORA may, however, in its absolute discretion commence any legal or proceedings arising out of the Terms in any other court, tribunal or other appropriate forum, and the Cardholder hereby consents to the jurisdiction. The Terms shall be governed by and construed in accordance with the laws of India.
20. NOTIFICATION OF CHANGES:
ADORA shall have the absolute discretion to amend or supplement any of the Terms, features and benefits offered on the Card including, without limitation to, changes which affect charges or rates and methods of calculation at any time. The Card Account shall be liable for all charges incurred and all other obligations under the revised Terms. ADORA shall notify / communicate the amended Terms by hosting the same on the ADORA’s website or in any other manner as decided by ADORA. The Cardholder and the Enterprise shall be responsible for regularly reviewing the Terms including amendments thereto as may be posted on ADORA’s website and shall be deemed to have accepted the amended Terms by continuing to use the Card.
21. Indemnity:
The individual or Enterprise agree to indemnify and keep indemnified ADORA against all and any claims, suits, liability, damages, losses, costs, charges, expenses, proceedings and action of any nature whatsoever made or instituted against ADORA or incurred by ADORA on account of usage of the cards.
22. Additional Clause:
ADORA may, at its sole discretion, utilize the services of external service provider/s or agent/s and on such terms as required or necessary, in relation to its products/services.
23. Gift Cards can be redeemed at selling price / MRP only & cannot be clubbed with any other promotion / offer / scheme / discount.
24. The terms & conditions may change during any time at sole discretion of Adora
ANNEXURE I
Schedule of Charges
Joining Fee Rs. 100
Lost card replacement Rs. 500