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SIMALLIN LIMITED GIFT CARD TERMS

  1. Acceptance of Gift Card Terms; Modification of Gift Card Terms

1.1 By buying, accessing, sending, creating, redeeming, or attempting to redeem any Simallin Limited Gift Card or otherwise using the Simallin Limited Gift Card services (“Gift Card Services”), you acknowledge and agree that you will be bound by and will comply with these Terms (“Gift Card Terms”), as updated and amended from time to time, and that you have read and understood these Gift Card Terms, together with any additional documents or terms referred to or incorporated into these Gift Card Terms. If you do not understand and accept these Gift Card Terms in their entirety, you should not use the Gift Card Services.

1.2 These Gift Card Terms are supplemental to and shall be read together with the Simallin Limited Terms and Conditions available, and the provisions set out in the Terms and Conditions shall continue to apply. All terms and clauses contained in the Terms and Conditions (except to the extent expressly modified herein) are incorporated by reference and have the same force and effect as if set out in their entirety in these Gift Card Terms. These Gift Card Terms constitute Service Terms. References in the Terms and Conditions to the Services shall include references to the Simallin Limited Gift Card Services contemplated hereunder. In the event of any conflict or inconsistency between these Gift Card Terms and the Terms and Conditions, these Gift Card Terms shall prevail with respect to the services contemplated hereunder, unless expressly stated otherwise.

1.3 Simallin Limited may make changes to these Gift Card Terms (or any terms or information incorporated by reference) at any time in accordance with the Terms and Conditions.

1.4 Please carefully review these Gift Card Terms and the Simallin Limited Terms and Conditions before purchasing Simallin Limited Gift Cards or using the Gift Card Services.

  1. Expiry

2.1 Simallin Limited Gift Cards have an expiry date of 12 months from the date of purchase, after which they will be invalid and any remaining balance will be forfeited, unless otherwise required by applicable law. It is your responsibility to ensure that any balance is redeemed before expiry.

  1. Simallin Limited Gift Cards; Account Balance; Redemption

3.1 When you redeem a Simallin Limited Gift Card, the full face value will automatically be added to your Simallin Limited account balance (“Simallin Limited Account Balance”). To view your Simallin Limited Account Balance, access your Simallin Limited account.

3.2 Under no circumstances can Simallin Limited Gift Cards be topped up or reloaded with additional value.

3.3 No refunds are permitted with respect to Simallin Limited Gift Cards, except where required by applicable law.

3.4 We reserve the right to correct the balance of your Simallin Limited Gift Card if we believe that a clerical or accounting error has occurred, and we will use reasonable commercial efforts to notify you in advance where practicable.

3.5 Simallin Limited Gift Cards are not legal tender, account cards, credit cards, debit cards, securities, e-money, or financial products, unless applicable law requires otherwise. You cannot obtain any cash advance with your Simallin Limited Gift Card, redeem your Simallin Limited Gift Card for cash, or receive any portion of your Simallin Limited Gift Card in cash.

  1. Limitations of Usage; Assumption of Risks

4.1 There are certain restrictions in connection with the use of Simallin Limited Gift Cards. If you engage in these activities without our prior written consent, we may prevent you from claiming or redeeming the Simallin Limited Gift Cards. You must not, without our prior written consent:

4.1.1 Sell or exchange Simallin Limited Gift Cards for cash, digital assets, or any other payment-related instrument.

4.1.2 Give or receive Simallin Limited Gift Cards as payment for goods or services.

4.2 The list of restricted or prohibited activities above is not intended to be complete or exhaustive. Engaging in any activity that, in our reasonable discretion, disrupts, or is harmful to us, our affiliates, our users, our reputation, goodwill, business, or operations is prohibited. Engaging in any restricted or prohibited activities or using Simallin Limited Gift Cards in violation of these Gift Card Terms may result in our taking action against you, including, but not limited to, preventing you from claiming or redeeming the Simallin Limited Gift Cards consistent with these Gift Card Terms.

4.3 Simallin Limited Gift Cards may not be available in certain countries or territories. For a list of countries or territories where Simallin Limited Gift Cards are not available, please refer to our website and the Simallin Limited Terms and Conditions, which may be updated from time to time.

4.4 We reserve the right to void any Simallin Limited Gift Card if we reasonably believe that its use is unauthorized, fraudulent, or otherwise unlawful. Simallin Limited has no liability to you for any third-party fraud or unlawful activity associated with any Simallin Limited Gift Cards, except to the extent such liability cannot be excluded under applicable law. If Simallin Limited discovers that any Simallin Limited Gift Card was sourced or derived from fraudulent or other unlawful means, we may, in our sole discretion, void all impacted Simallin Limited Gift Cards at any time and without notice to you, subject to applicable law.

4.5 Simallin Limited Gift Cards are closed-loop gift cards and may only be redeemed in accordance with these Gift Card Terms and the Simallin Limited Terms and Conditions.

4.6 By accepting these Gift Card Terms, you confirm that you understand and accept the risks associated with your use of the Gift Card Services. We are not responsible for any Simallin Limited Gift Cards that are lost, stolen, or destroyed, or used without your permission, except to the extent caused by our breach of these Gift Card Terms or as otherwise required by law.

  1. Use of any Simallin Limited Gift Cards in Violation of these Gift Card Terms

5.1 By using the Gift Card Services, you agree to comply with these Gift Card Terms and not to use Simallin Limited Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Simallin Limited, its affiliates, or its users.

5.2 Simallin Limited Gift Cards are not for resale and are void if copied, resold, or otherwise obtained or used in violation of these Gift Card Terms.

5.3 We reserve the right, without notice to you, to void Simallin Limited Gift Cards (including as a component of your Simallin Limited Account Balance) without refund, and/or suspend or terminate your Simallin Limited account or your ability to use our services, if we suspect that the Simallin Limited Gift Cards are created, obtained, used, attempted to be used, or applied to a Simallin Limited account fraudulently, unlawfully, or otherwise in violation of these Gift Card Terms, subject to applicable law.

  1. Liability

6.1 To the fullest extent permitted by applicable law, neither Simallin Limited nor any Simallin Limited affiliate or business partner will have any responsibility or liability for any loss suffered by you or any third party, except to the extent that such loss arises directly from the gross negligence, wilful misconduct, fraud, or material breach of these Gift Card Terms by Simallin Limited or a Simallin Limited affiliate or business partner.

6.2 To the fullest extent permitted by applicable law, we make no warranties, express or implied, with respect to Simallin Limited Gift Cards or your Simallin Limited Account Balance, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.3 Without prejudice to the foregoing, if a Simallin Limited Gift Card is proven to be non-functional due to our fault, your sole remedy, and our sole liability, will be the replacement of that Simallin Limited Gift Card or the restoration of the applicable value to your Simallin Limited Account Balance, as determined by us acting reasonably.

6.4 To the fullest extent permitted by applicable law, the aggregate liability of Simallin Limited and all Simallin Limited affiliates and business partners arising out of or in connection with the relevant Simallin Limited Gift Card shall not exceed the last balance held on that Simallin Limited Gift Card.

6.5 Nothing in these Gift Card Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

  1. General

7.1 These Gift Card Terms form part of the Simallin Limited Terms and Conditions.

7.2 If any provision of these Gift Card Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

7.3 Any failure or delay by Simallin Limited to exercise any right or remedy under these Gift Card Terms shall not constitute a waiver of that right or remedy.

7.4 These Gift Card Terms shall be governed by and construed in accordance with the laws specified in the Simallin Limited Terms and Conditions, unless otherwise required by applicable consumer protection law.