CONSUMER TERMS AND CONDITIONS | LUXE GIFT CARD
Luxe Gift Card is a semi-closed pre-paid payment Instrument Issued by Qwikcilver Solutions Private Limited (“Qwikcilver”). The terms and conditions subject to which the Luxe Gift Card are provided are mentioned herein and the use of Luxe Gift Card by Consumers is subject to the Consumers’ acceptance of the following terms and conditions (as may be amended from time to time at the sole discretion of Qwikcilver).
Your acceptance of these terms and conditions shall be unconditional and without any limitation or qualification. You also declare that, any information provided is correct and valid and shall be used by Qwikcilver to ensure compliance with all applicable regulatory requirements.
a. “Agent(s)” means the agents appointed by Qwikcilver for marketing, distribution and sale of Luxe Gift Card. A list of all agents and their establishments authorised to market, distribute and sell Luxe Gift Card have been set out on the Website.
b.“Applicant” means, you, an individual person above the age of 18 (eighteen) years, using a valid and operational mobile phone connection, who approaches Agent’s locations for purchasing Luxe Gift Card.
c.“Consumer” means an Applicant who, upon completion of necessary formalities, is found to be eligible by Qwikcilver as per RBI Guidelines, to get and use Luxe Gift Card.
d. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Qwikcilver and / or its partner bank, including, without limitation, unavailability of any communication system, breach or virus in the processes or payment mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
e. “Guidelines” mean the applicable guidelines, regulations, notifications and instructions issued by RBI in relation to the operation of prepaid payment instruments, and shall include The Payment and Settlement Systems Act, 2007 (along with regulations made there under), and the Reserve Bank of India (Issuance and Operation of prepaid Payment Instruments) Directions, 2017 (Master Directions) and all other guidelines and instructions inclusive of their respective amendments as may be issued, notified and amended by RBI from time to time.
f. “KYC Guidelines” or “KYC” means the Know Your Customer (KYC) guidelines as set forth by the regulators.
g. “Luxe Gift Card” mean a prepaid gift card issued, in compliance with RBI guidelines, by Qwikcilver for the Consumer in order to enable the Consumer to purchase eligible products from Merchants.
h. “Merchant” means the merchants (brands and retail stores), who have agreed to accept payments through Luxe Gift Card for sale of goods and services to the Consumer.
i. “RBI” means the Reserve Bank of India.
j. “Terms and Conditions” means these terms and conditions, as amended from time to time by Qwikcilver in its sole discretion.
k. “Transactions” mean those transactions that have been initiated by the Consumer.
l. “Website” means website hosted at: www.luxegiftcard.com
m. “Qwikcilver” means Qwikcilver Solutions Private Limited, a private company incorporated under the laws of India, authorised by the Reserve Bank of India as a Pre-paid Payment instrument Issuer.
2. GENERAL CONDITIONS
a. Qwikcilver shall issue and operate the Luxe Gift Card in accordance with these Terms and Conditions, relevant regulations and the Guidelines.
b. The Luxe Gift Card shall be deemed active upon loading of a minimum amount of Rs.1,000. The Maximum denomination that can be loaded per Luxe Gift Card shall be limited to Rs 10,000. The amount shall be loaded in the Luxe Gift Card through credit cards, debit cards and netbanking channels. Cash or moneys from pre-paid wallets shall not be accepted for loading values / moneys in the Luxe Gift Card.
c. Luxe Gift Card can only be issued to an individual who is above the age of 18 (eighteen) years.
d. The Luxe Gift Card shall only be marketed, distributed and sold by the Agents at their authorised locations which have been listed at the Website, and Consumers are required to approach only the Agents for obtaining the Luxe Gift Card. Any Luxe Gift Card purchased from any person other than the Agents shall not be deemed to be valid.
e. In order to purchase the Gift Card, the Consumer shall provide documents (as may be requested pursuant to applicable law) and pay requisite amounts that are equivalent to the value loaded onto the Luxe Gift Card as per the terms hereof.
f. The Consumer, confirms that the Consumer is of sound mind.
g. For Transactions conducted at Merchant locations, the Consumer is responsible for satisfying himself that the Transactions have been successfully completed.
h. The Consumer shall immediately call the customer call centre on the number listed on the Website and register a complaint and shall subsequently also register such complaint in writing or via email or through an Agent in the event of any loss, and / or theft in / of the Luxe Gift Card.
i. The Consumer grants express authority to Qwikcilver for processing the Transactions and instructions authenticated by providing the password and / or one time password.
j. The Consumer shall be the sole and exclusive owner of the password and / or one time password. The Consumer shall not disclose the password and / or one time password to any other person. Qwikcilver, Merchants and / or the Agents shall, in no manner whatsoever, be held responsible or liable, if the Consumer incurs any loss as a result of the password and / or one time password being disclosed / shared by the Consumer with any unauthorised persons or in any other manner whereby the security of the password and / or one time password is compromised.
k. Any information submitted by the Consumer while using Luxe Gift Card may be shared with the Agents or Merchants by Qwikcilver, to facilitate the use of the Luxe Gift Card and/or purchase of goods and services at Merchant locations.
l. The Consumer must have an active mobile phone connection during issuance and use of Luxe Gift Card.
m. The value loaded on the Luxe Gift Card cannot be transferred for balance or redeemed for cash, subject to Guidelines.
n. Once issued, the Luxe Gift Card cannot be cancelled, returned or blocked post purchase of the same.
o. Mutilated, defaced, duplicated or photocopies of Luxe Gift Card will not be accepted by Merchants.
p. Luxe Cards can be redeemed against multiple category of products / services offered by Merchants.
q. The Luxe Gift Card can only be redeemed against full priced merchandise at Merchant locations.
3. ADDITIONAL CONDITIONS
a. More than one Luxe Gift Card can be used in one transaction at a Merchant location.
b. No cash refund, transfer, reloading, exchange or withdrawal is allowed in respect of the balance stored on the Luxe Gift Card.
c. Luxe Gift Card can only be used at Merchant locations for purchase of goods and services from the Merchants. The Consumer acknowledges that the Qwikcilver may on-board more Merchants or remove any existing Merchant from time to time and the updated list of Merchants shall be set out at the Website.
d. Luxe Gift Card can be used only for transactions in Indian Rupees and not in any other foreign currency.
e. If the purchase value exceeds the balance on the Luxe Gift Card, the remaining amount shall be forthwith paid by the Consumer to the Merchant.
f. Neither Qwikcilver, nor its Merchants or Agents make any express or implied warranty, guarantee, representation or undertaking whatsoever regarding the services, which are not expressly mentioned herein.
g. For balance enquiry and validity please SMS BAL<Space><16-Digit Card Number> to 9704200300 or visit any Merchant.
h. Qwikcilver, Reliance Brands or their affiliates are not responsible if this card is lost, stolen, destroyed or used without permission. If found, this card must be returned to: Reliance Brands Limited, 8th Floor, Maker Tower ‘E’, Cuffe Parade, Mumbai, India.
i. The Terms and Conditions herein shall be subject to the Guidelines or notifications / guidelines issued by RBI, from time to time.
a. Qwikcilver reserves the right, at any time, to take steps necessary to ensure compliance with all applicable laws, including KYC Guidelines.
b. Qwikcilver reserves the right to discontinue / suspend Luxe Gift Card at any time at their sole discretion, without giving prior intimation to the Consumer. However, prior to such suspension / discontinuance of Luxe Gift Card, the Consumer, shall be provided with the ability to utilise the balance in the Luxe Gift Card, in compliance with Guidelines.
c. Qwikcilver reserves the right to cancel the Transaction in case of any network failure. In case of network failure or for any other reason beyond the control of Qwikcilver, there could be delay or failure to complete the Transaction.
The Consumer shall be liable to Qwikcilver, the Merchants and Agents (“Indemnified Party”) for losses, expenses or damages arising from the usage of the Luxe
Gift Card and agree to indemnify, defend and hold harmless the Indemnified Parties harmless from any and all claims, losses, damages, liabilities, costs and expenses, including and without limitation for legal fees and expenses arising out of or related to its use, or misuse of the Luxe Gift Card or fraud arising therefrom, violation of these Terms and Conditions or any breach of any representations, warranties and covenants made by the Consumer.
6. CHANGE OF TERMS
Qwikcilver shall at their sole discretion, and without notice to the Consumer, alter, modify or amend these Terms and Conditions / the list of Merchants / from time to time and the same shall be updated and displayed at www.luxegiftcard.com . The Consumer is expected to keep himself / herself updated with the amendments to the Terms and Conditions. Any transaction done subsequent to the amendment of the Terms and Conditions will be considered as Consumer’s acceptance of the amended Terms and Conditions. Qwikcilver may modify, terminate and / or suspend Luxe Gift Card anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities / regulators.
If any part of these Terms and Conditions are adjudged illegal or inoperable for any reason, the same shall be severed from the remainder of this document and shall cease to govern the relationship between Qwikcilver and the Consumer.
8. OWNERSHIP AND PROPRIETARY RIGHTS
The Consumer agrees that he / she shall have no claims / rights of whatsoever nature in the intellectual property rights arising out of and in connection with Luxe Gift Card thereto. The Consumer further undertakes that he / she shall not attempt to modify, alter, obscure, translate, disassemble, decompile or reverse engineer the software / techniques underlying the Luxe Gift Card or create any derivative product based on the same.
9. FORCE MAJEURE
Qwikcilver shall not be liable for any failure to perform any of its obligations under these terms if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
10. EXPIRY OF ACCOUNT
The Luxe Gift Card is valid for 12 months from the date of purchase, and cannot be renewed or exchanged.
11. QUALITY OF SERVICE
Non-performance of a service has limited liability on Qwikcilver. Qwikcilver is committed to investigate the cause of non-performance with all parties involved. Redressal mechanism for complaints along with the escalation matrix will be made available on request. In case of any grievances, you may contact the Nodal Officer at email@example.com
12. LIMITATION OF LIABILITY
In no event shall our total cumulative liability to the Consumer for any and all claims relating to or arising out of the Consumer’s use of Luxe Gift Card, regardless of the form of action, exceed the value for which the Luxe Gift Card was purchased. In no event shall Qwikcilver be liable to the Consumer (or to any third party claiming under or through the Consumer) for any indirect, special, incidental, consequential or exemplary damages arising from the Consumer’s use of, or inability to use, the Website.
Qwikcilver may suspend or cease the operation of the Website for any reason with or without giving any prior notice. Qwikcilver reserves the right to change the content on the Website unilaterally. The Consumer agrees that in any mentioned case, he / she will use the Website at his / her own risk and Qwikcilver is not responsible for any loss or damage.
15. JUDICIAL RECOURSE
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of India without giving effect to any principles or conflicts of law. The courts in Mumbai shall have exclusive jurisdiction over any dispute arising from use of Luxe Gift Card. The Consumer agrees that: these terms and conditions are effective until terminated by Qwikcilver, and Qwikcilver reserves the right to terminate these terms and conditions. Qwikcilver may move, change, suspend or end any part of the services provided by Qwikcilver at its sole discretion.