These terms of service (“Terms of Service”) apply to gift cards (“Gift Cards”) issued by QwikCilver Solutions Private Limited and are in addition to any and all the terms and conditions available at https://getonecard.app/ (“Terms of Use”) including Privacy Policy available at https://getonecard.app/legal/privacy/ (“Privacy Policy”). To the extent the Terms of Use and Privacy Policy are inconsistent with these Terms of Service, the Terms of Service shall prevail with respect to the Gift Cards only. By purchasing or using a Gift Card, you are agreeing to and accept these terms and conditions.
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Use:
a. Your use of the Gift Cards shall be subject to the terms of use of the issuer of such Gift Cards i.e. QwikCilver Solutions Private Limited (“QwikCilver”).
b. Your use of the Gift Cards shall be at your sole risk and FPL Technologies Private Limited (hereinafter “Company”) is not responsible or be liable for the Gift Cards once issued.
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Redemption:
a. You can purchase Gift Cards from the OneCard app (“App”) only by making a payment through OneCard credit card.
b. Gift Cards may only be redeemed toward the purchase of eligible products on any third party merchants that are enabled to accept the Gift Cards. These purchases are deducted from Your Gift Card balance. Any unused Gift Card balance will remain associated with You and can be applied to purchases, in order of earliest expiration date. If a purchase exceeds Your Gift Card balance, the remaining amount must be paid by credit card/ net banking/debit card/UPI.
c. You understand that the Gift Cards You purchase are redeemable for goods or services by the seller of such goods and services, or the service provider. The service provider, not Company, is the seller of the goods and services and QwikCilver and the service provider are solely responsible for the redemption of the Gift Cards You purchased. You understand and agree that Company is not responsible or be liable for the delivery or the quality or performance of the same.
d. Gift Cards, including any unused Gift Card balances, are valid for a maximum period of one year from the date of issuance. No request shall be considered for revalidation of any expired Gift Cards. New Gift Card cannot be provided against the expired/unused Gift Card balance.
e. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash. Except as provided hereunder or as per applicable law, amount in your Gift Cards will not be refunded to you under any circumstances. No refund will be provided in cash, at any point of time. Unused Gift Card balances may not be transferred to another users account. Company make no representation or warranty that Company will always be accessible without interruption.
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No Cancellation: Gift Cards once purchased, cannot be cancelled by the purchaser. Any cancellations shall be at the sole discretion of Company/QwikCilver.
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Company shall not be responsible or be liable for the end use of the Gift Cards. You further understand that You shall have no recourse to Company for the items purchased or services availed by You using the Gift Cards.
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You can only purchase the Gift Card amount which would be maximum allowed by App.
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There is no fee or other charges associated with Gift Card purchase.
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You are solely responsible for the safety and security of the Gift Cards and your account.
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You understand that the final product delivery would be subject to the stock and terms and conditions of the partner shopping platform from where the products will be purchased by You.
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Your mobile number, email and address may be shared with third party vendors or the issuer of such Gift Card i.e. QwikCilver for the processing of gift cards.
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If the beneficiary/Know Your Customer ("KYC") details as per RBI Guidelines are found to be incorrect/insufficient, Company/QwikCilver retain the right to cancel the Gift Card issued.
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You agree and understand that Gift Cards are a pre-paid payment instrument subjected to regulations by the RBI under the RBI guidelines. Company/ QwikCilver may be required to share KYC details of the purchaser/ redeemer of the Gift Card and/or any other information with relation to the purchase of the Gift Cards and/or transaction undertaken using the Gift Card with RBI or such statutory authorities. Company / QwikCilver may contact the purchaser/redeemer of the Gift Card for any such information.
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Governing Law: These Terms of Service are governed by and construed in accordance with the laws of India. Company and You each agree to submit to the exclusive jurisdiction of the courts at Pune, India. You agree to indemnify Company for all claims brought by a third party against Company or its affiliates arising out of or in connection with a breach of any of these terms and conditions.
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No Warranty: COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Liability: Company assume no responsibility for the products purchased using the Gift Cards and any liability arising whatsoever the nature, is expressly disclaimed.
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Company and QwikCilver reserve the right to change these Terms of Service from time to time at its discretion and without prior notice to You. All terms and conditions are applicable to the extent permitted by law.