The Mall Corporation Gift Card ("Gift Card") Terms & Conditions Please read these Terms & Conditions carefully. These Terms & Conditions apply to both the purchaser of a Gift Card and, from the time at which the recipient of a Gift Card signs such card, the recipient of a Gift Card.
1. WHO WE ARE The Gift Card is distributed by The Mall Corporation and is issued by Newcastle Building Society ("we"/"us"/"our") pursuant to license by Mastercard international or its affiliates. The technology systems required to operate the Gift Card are provided by Flex-e-vouchers Ltd.
2. THE GIFT CARD The Gift Card is a pre-paid debit card which may be used to pay for goods and services at retailers that accept MasterCard Maestro at any of The Mall Corporation's participating shopping centres in the United Kingdom. The purchaser may deposit any value up to £1000 on the Gift Card and it will be activated at the point of purchase. The purchaser or recipient of the Gift Card will be able to use the Gift Card one hour after it has been activated. Only one deposit may be made per Gift Card. To make any additional deposits, another Gift Card will need to be obtained When a Gift Card is purchased, two receipts will be issued. The first receipt is for the purchaser of the Gift Card and will identify the value deposited on the Gift Card and the means by which such value was deposited. The second receipt is for the recipient of the Gift Card and will identify the value deposited on the Gift Card, the expiry date of the Gift Card, the last five digits of the Gift Card number and the Gift Card's individual Passcode. THE RECEIPTS MUST BE RETAINED AS PROOF OF PURCHASE FOR ANY CANCELLATIONS AND REFUNDS. The purchaser and the recipient will need the Passcode to e-view the Gift Card account as set out in paragraph 10 and to report any lost or stolen Gift Cards.
3. WHO CAN USE THE GIFT CARD The Gift Card may be used by the purchaser or may be given to another person as a gift.
4. HOW TO USE THE GIFT CARD The Gift Card should be signed by the recipient, who is the person who will be using the card, on the reverse prior to use. The Gift Card may be used in full or part payment for purchases. All payments made using the Gift Card must be verified by signature on the transaction slip in the presence of the retailer.
5. WHAT HAPPENS TO THE BALANCE The balance available on the Gift Card will be reduced by the value of each payment that is made using the Gift Card. If any payment is attempted that exceeds the remaining value on the card the transaction will be declined.
6. IDENTIFICATION REQUIRED ON APPLICATION Before obtaining a Gift Card a purchaser will be required to provide the following information:
For the avoidance of doubt, only the names and addresses of the purchaser of the Gift Card will be retained by us as set out in paragraph 17.
7. CANCELLATION PERIOD AND REFUND PROCEDURE Should a purchaser wish to cancel their Gift Card they should return it to The Mall Corporation Ask Me Point, unsigned and unused, within 14 days of purchase, with the receipts, and a full refund will be made. ONLY THE PURCHASER OF THE GIFT CARD WILL BE ABLE TO REQUEST A REFUND SUBJECT TO PROOF OF IDENTITY, PROOF OF PURCHASE AND RETURN OF THE GIFT CARD. Any refund will be made by the method used for the original payment.
8. SCHEME EXPIRY DATE The scheme expiry date quoted on the face of the Gift Card is the closing date of the Gift Card programme.
9. YOUR CARD EXPIRY PLEASE NOTE INDIVIDUAL GIFT CARDS EXPIRE WHEN THE BALANCE OF THE CARD REACHES ZERO OR 12 MONTHS AFTER THE DATE OF PURCHASE, WHICHEVER IS SOONER. THIS IS DIFFERENT TO THE SCHEME EXPIRY DATE SHOWN ON THE FRONT OF A CARD (please see paragraph 8 above for further information on the scheme expiry date). The final date on which an individual Gift Card may be used for purchases is printed on the receipt supplied with the card. The Gift Card may not be used after this date. If any balance remains on the Gift Card after this date it will not be refunded.
10. E-VIEW YOUR ACCOUNT The purchaser or the recipient of a Gift Card may check the available balance on the Gift Card or view a statement of recent transactions by visiting www.flex-e-card.com, asking at The Mall Corporation Ask Me Point or alternatively calling Customer Services on 0844 7744277. In order to access such information it will be necessary to provide the Customer Passcode which is printed on the receipt supplied with the Gift Card. Balance enquiries are provided free of charge but the purchaser or the recipient (as relevant) will be liable for any call charges incurred. Errors or disputes regarding transactions on the Gift Card should be notified as soon as possible to Customer Services.
11. YOUR PASSCODE The purchaser and the recipient are each responsible for maintaining the confidentiality of the Passcode and if either the purchaser or the recipient provides the Passcode to someone else, they will be responsible for ensuring that such other person maintains the confidentiality of the Passcode. If a purchaser or recipient believes that their Passcode has become compromised they should contact Customer Services as soon as possible and (subject to security checks) we will change the relevant Passcode.
12. LOST OR STOLEN If the purchaser or recipient of a Gift Card loses the Gift Card or it is stolen please notify us by telephoning Customer Services on 0844 7744277. The caller will be asked to provide the relevant Gift Card number, customer Passcode and other information (including the original amount loaded on the Gift Card, the original purchaser and transactions (if any) for which the Gift Card has been used) in order to verify that the caller is the authorised cardholder. We will then block the card to prevent unauthorised use. Following notification and verification a replacement Gift Card will be dispatched by post. A replacement fee of £5.95 per Gift Card will be debited from the remaining balance on the Gift Card including postage and packing. We will not send a replacement Gift Card if the balance remaining on the Gift Card at the time the loss or theft of the Gift Card is reported is less than £5.95.
13. YOUR RESPONSIBILITY- Lost and stolen None of The Mall Corporation, Newcastle Building Society or Flex-e-vouchers Ltd will be liable for transactions performed using lost or stolen Gift Cards prior to notification to our Customer Services team.
14. LIMITATIONS ON USE The Gift Card cannot be used to withdraw cash using ATMs or at banks. The Gift Card cannot be used to make payments on the Internet. The Gift Card is not linked to a bank account and is not a cheque guarantee card, charge card or credit card. The Gift Card cannot be topped up. The Gift Card may not be used for preauthorised regular payments, for any illegal purposes, or for gambling. We reserve the right to restrict use of the Gift Card or void a Gift Card if suspicious, fraudulent or illegal activities are suspected or identified.
15. PURCHASES FROM RETAILERS Goods and services that are purchased using the Gift Card are purchased directly from the retail stores. None of The Mall Corporation, Newcastle Building Society or Flex-e-vouchers Ltd are the supplier of the goods and services purchased. Consequently PLEASE NOTE none of The Mall Corporation, Newcastle Building Society or Flex-e-vouchers Ltd are liable for the quality, safety, legality, or any other aspect of any goods or services purchased using the Gift Card nor are they liable for the failure of any merchant to honour the Gift Card.
16. FINANCIAL SERVICES AUTHORITY All transactions performed using the Gift Card will be monitored and are subject to regulatory supervision by the Financial Services Authority.
17. YOUR PERSONAL INFORMATION Flex-e-vouchers Ltd are the data controller and processor of personal data provided in connection with the Gift Card. Flexe-Vouchers Ltd will comply with the Data Protection Act 1998. The purchaser's personal data will be processed in order to administer the Gift Card and to deal with any enquiries they (or the recipient) have about the Gift Card. The personal data collected is outlined in Paragraph 6 of these Terms & Conditions. The personal data is used to satisfy the Know Your Customer requirements of the Financial Services Authority.
No marketing or sharing: Unless the purchaser has expressly provided their permission, their personal data will not be used for marketing purposes, nor will it be shared with third parties unconnected with the Gift Card programme.
Your right to access: A purchaser has the right to request details of the personal information that is held about them, and may receive this by writing to Flex-e-vouchers Ltd, Office 13, Telfords Yard, London, E1W 2BS.
You can read The Mall's privacy policy here
18. CHANGES TO THESE TERMS We may change or add to these Terms & Conditions at any time if we reasonably consider it necessary to do so. If any changes are made to these Terms & Conditions, the revised terms will be publicised and made available at the Mall Corporation Ask Me Point and online at www.flex-e-card.com. Any changes will take effect immediately after they are publicised and made available to the public. The continued use of the Gift Card following such publication will be deemed binding acceptance of the amended Terms & Conditions. Any changes to these Terms & Conditions that adversely affect the use of the Gift Card will only apply to Gift Cards issued after the date that the change has been made.
19. YOUR RIGHTS These Terms & Conditions do not affect any rights that either the purchaser or the recipient may have under legislation and at law. For further information about rights contact the relevant local authority Trading Standards Department or Citizen's Advice Bureau.
20. LIMITATION OF LIABILITY Please Note: None of The Mall Corporation, Newcastle Building Society or Flex-e-vouchers Ltd accept any liability for consequential or other loss howsoever caused and in any event The Mall Corporation and/or Newcastle Building Society and/or Flex-evouchers Ltd's liability shall be limited to the value deposited on the Gift Card at the time of application. Nothing in these Terms & Conditions shall exclude or limit The Mall Corporation, Newcastle Building Society or Flex-evouchers Ltd's liability for death or personal injury caused by their negligence or fraud.
21. CUSTOMER SERVICES All telephone enquiries in connection with a Gift Card should be made to Customer Services on 0844 7744277 or by writing to Flex-e-vouchers Ltd, Office 13, Telfords Yard, London E1W 2BS. If a purchaser or recipient is unsatisfied with any element of the service they receive, any complaints should also be made to Customer Services. Calls may be monitored or recorded. BT National Rate charges apply.
22. FINANCIAL OMBUDSMAN SERVICE / FINANCIAL SERVICES COMPENSATION SCHEME In the unlikely event that we are unable to resolve any issues through our internal complaints procedure a purchaser or recipient may contact the Financial Ombudsman Service at: South Quay Plaza 183 Marsh Wall London E14 9SR Telephone: 0845 080 1800 E-mail: enquiries@financial-ombudsman.org.uk The Financial Services Compensation scheme does not cover claims made in connection with using the Gift Card.
23. LAW AND COURTS The law of England and Wales applies to these Terms & Conditions (or the laws of Scotland, if the relevant person lives there) and the courts of England and Wales (or if the relevant person resides in Scotland, Scotland) will deal with any legal proceedings between us.
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