TERMS AND CONDITIONS OF USE OF GIFT CARDS WITH GIFTIFY APP AND APPLE PAY
Article 1 – Description of the Apple Pay Service
1.1 Apple Pay is a Service ("Service") provided by Apple Inc. ("Apple") that allows users of the Service ("User") to perform contactless payment transactions with the allowed Apple devices, using Gift Cards issued by Giftify S.A. or the Shopping Centre in collaboration with its technical partner Giftify S.A. (hereinafter referred to as the Gift Card), without having to physically present them.
Article 2 – Terms and Conditions of Use applicable to the use of a Gift Card with Apple Pay (AT&Cs)
2.1 The use of Apple Pay for a Gift Card constitutes acceptance of these AT&Cs for the Gift Card – Apple Pay (hereinafter referred to as "AT&Cs"). Please refer to https://www.giftify.me/ for the Terms and Conditions of Use of the Gift Card. The User may also need to accept the Apple Pay Terms and Conditions.
2.2 In the event of dispute among the Terms and Conditions of Use of the Gift Card and these AT&Cs, these AT&Cs shall prevail.
2.3 The User may remove their digital Gift Card at any time from the Apple Wallet with their Apple devices.
2.4 The User can provision their digital Gift Card from Giftify App to the Apple Wallet multiple times, provided that:
2.4.1 Apple wallet card limit is not reached;
2.4.2 The Giftify Mobile App is installed,
2.4.3 The digital Gift Card has not expired;
2.4.4 The digital Gift Card has not been blocked;
2.4.5 The Terms and Conditions of Use of the Gift Card remain applicable.
2.5 The Shopping Centre and/or its technical partner reserve the right to modify these AT&Cs at any time.
2.6 For any request for information regarding the use of Apple Pay with the digital Gift Card, the User may contact the Gift Cards corresponding Shopping Centre.
2.7 For any request for information concerning Apple Pay, or Apple Pay Terms and Conditions of Use, the User must contact Apple directly on Apple support channels.
2.7. For any issue concerning the use of Giftify App, the User can:
2.7.1 either refer to the frequently asked questions section on https://app-faq.giftify.me ; and/or
2.7.2 send Giftify an email to (app@giftify.me) specifying the issue and providing the token numbers of the Gift Cards.
2.7.3 The Giftify support team can request additional information regarding the Gift Card details and/or any proof of purchase such as a receipt or an email containing the retrieval code.
Article 3 – Commitments of the User
3.1 By adding their card to their Apple wallet, the User agrees to digitize their physical or digital Gift Card for Apple Pay use exclusively, utilizing contactless technology on their Apple device.
3.2 The User expressly agrees to use the Gift Card only for its own purposes. The use of the Gift Card by any third party is strictly prohibited.
3.3 The User expressly undertakes to comply with the provisions of these AT&Cs as well as the Apple terms applicable to Apple Pay, available at https://www.apple.com/legal/applepayments/direct-payments/ (these terms are maintained by Apple and the Shopping Centre is not responsible for their content).
3.4 The User is strongly recommended to stay informed of any updates to these AT&Cs and the Apple Pay terms of use.
Article 4 – Use of the Giftify App with Apple Pay
4.1 The User acknowledges that:
4.1.1 contactless payments are only permitted in the Shopping Centre, at the Merchants who are participating in the Shopping Centre Gift Card Programme operated by Giftify;
4.1.2 no online purchases can be made;
4.1.3 no transaction on unattended POS Terminals can be made;
4.1.4 no ATM withdrawal can be performed;
4.1.5 the same card cannot be tokenised on several Apple accounts
4.1.6 Upon digitization of the gift card via the mobile application, the underlying card credentials may be subject to change in accordance with the policy implemented by the respective Shopping Centre. As a result of this process, either:
(a) a new digital token may be generated, rendering the physical card inactive and no longer usable; or
(b) the original token may be retained, permitting concurrent use of both the physical and digital card formats.
Users are advised that the outcome of the digitization process is determined by the Shopping Centre’s configuration and may not be communicated in advance.
4.2 To make contactless payments with the digital Gift Card, the User is required to
4.2.1 have at the same time:
4.2.1.1 a valid (balance available and not expired and not blocked) physical Gift Card;
4.2.1.2 an Apple device with NFC technology;
4.2.1.3 have downloaded the latest available version of the Giftify App from App Store;
4.2.2 Add the gift card to the Giftify App using one of the available options that can be:
4.2.2.1 scan the QR code printed on the back of the physical Gift Card, and and enter both the last 4 PAN digits and the PIN digits that are on the back of the card, or
4.2.2.2 manually add the gift card by informing the 9-digit access TOKEN, and enter both the last 4 PAN digits and the PIN digits that are on the back of the card.
4.2.3 For both options, the User needs
4.2.3.1 to accept any message appearing on the screen of their Apple device; and
4.2.3.2 to continue with the journey required by the app 4.2.3.3 to agree to these Terms and Conditions of Use of Gift Cards with Giftify App and Apple Pay.
4.2.4 Once the digital Gift Card has been added to the Giftify app, the User can click on the button "add to Apple Wallet," and follow the provisioning steps.
4.3 If the User wants to obtain more information regarding the above described process, the User can contact the Shopping Centre through their support channel.
4.4 To make an in-store payment, the User needs to have an Apple device enabling NFC technology and must:
4.4.1 with an iPhone: log in via the Touch ID, Face ID, or PIN code configured on the mobile, then place the mobile above the contactless payment terminal;
4.4.2 with an Apple Watch: hold the Apple Watch near the contactless payment terminal and double-click the side button.
4.5 The User is informed that the use of the Giftify App with Apple Pay:
4.5.1 is free of charge,
4.5.2 requires an active mobile subscription and an internet connection, both being at their own expense.
4.6 The User may, at any time, stop using the Giftify App with Apple Pay.
4.6.1 To stop using the Giftify App with Apple Pay, the User must uninstall the Giftify App.
4.6.2 The User is responsible for these actions.
4.6.3 The User can only retrieve the remaining balance from their digital Gift Cards in a new gift card by contacting the Shopping Centre associated with each Gift Card and providing proof of purchase.
4.6.4 The Shopping Centre will transfer the remaining funds at the time of the inquiry to a new card.
4.6.5 Fees may apply for each new physical Gift Card (as provided for with the Terms and Conditions of Use of the Gift Card).
4.7 The Shopping Centre and/or its technical partner reserve(s) the right to terminate the use of the Service at any time without impacting users with active gift cards. In the event of ending the Service, it is expressly agreed that the Terms and Conditions of Use of the Gift Card continue to govern the use of the Gift Card.
Article 5 – Security
5.1 The security rules applicable to the use of the Gift Card are as follows:
(i) always keep the phone/ device/ equipment under surveillance;
(ii) always use an adequate and sufficient level of security (e.g. password, biometrics, etc.);
(iii) always use Apple Pay Service in accordance with its updated terms of use;
5.2 The User is expressly informed that in the event of suspension/blocking of the Gift Card under the conditions set out in this AT&Cs, the Service will no longer be available without the Shopping Centre’s and/or its technical partner’s or Apple’s action. The User must contact the Shopping Centre for support if their card is blocked and provide proof of purchase to unblock it.
5.3 In case of fraudulent use of their Gift Card or loss, the User must:
(i) follow the process set out under Security Precautions of the Terms and Conditions of Use of the Gift Card.
(ii) remove their Gift Card from Apple Pay.
5.4 In the event of the loss or theft of their Apple device, the User must visit www.icloud.com/find, then use the "Locate my iPhone" functionality to suspend or block payment via Apple Pay from this device. In this instance, the Service will no longer be available but the Gift Card will be usable under the Terms and Conditions of Use of the Gift Card. In addition, the user can contact the Shopping Centre issuer of the Gift Card and request the Gift Card to be blocked as well.
5.5. In the event the gift card holder ceases to use their Mobile phone on which the digital Gift Card is registered, the gift card holder must request the transfer of any remaining funds to another gift card. Failure to do so may result in the loss of access to the digital gift card and its balance, for which the Shopping Centre shall bear no liability.
Article 6 – Data Processing
Cardholder's device ID will be processed so that:
6.1 the Cardholder can continue benefit from the Giftify App services; i.e. implementation services, hosting and support
6.2 if the Cardholder deletes and reinstalls the Giftify App, they can always retrieve the digital Gift Card on Giftify App.
Additionally, and only in the event of errors, the screen may be recorded to enable Giftify to provide proper support.
Article 7 – Liability / Limits of Liability
7.1 The Shopping Centre and/or its technical partner will perform the necessary checks and authentications when registering the Gift Card in Apple Pay. The Terms and Conditions of Use of the Gift Card are applicable.
7.2 Neither the Shopping Centre or its technical partner can be held liable for the use of the Apple Pay service and/or any other computer/software equipment provided by Apple, particularly in terms of their performance or their security.
7.3 The User must not allow the use of their Gift Card and/or Service by any third party. The User is deemed to be liable and remains solely liable for the use that may be made of the Service and/or the Gift Card by a third party who has accessed the Service by their action and assumes all the risks relating to its use, particularly the transactions made, without the Shopping Centre or its technical partner and/or Apple’s liability being incurred within this framework.
Article 8 – Miscellaneous
8.1 All Intellectual Property Rights belonging to the Shopping Centre or its technical partner and/or Apple shall remain vested in that respective Party. No Intellectual Property Rights shall be transferred nor licensed.
8.2 These AT&Cs shall be governed by the laws of Belgium. Any disputes arising from the AT&Cs shall be resolved by arbitration via the Belgium Arbitration and Mediation Center (CEPANI).
8.3 Apple, Apple Pay, Apple Wallet, Apple Watch, iPhone, iPad, iCloud, MacBook and Touch ID are trademarks of Apple Inc. The full list of Apple trademarks can be found on https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html.