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Terms and Conditions of Supply

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions

You should SAVE OR print a copy of these terms and conditions for future reference.

By clicking on the button marked "REGISTER" WHEN REGISTERING AS A user, OR ANY SIMILAR BUTTONS ON THE HIBACARDZ.COM PLATFORM, OR CLICKING THE “CHECKOUT” BUTTON, you ACKNOWLEDGE THAT YOU HAVE READ AND understand and agree to these terms OF SUPPLY. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

  1. TERMS OF SUPPLY

    1. These are the terms and conditions (“ Terms of Supply ”) relevant to the Products we offer and supply. These Terms of Supply refer to the following additional terms which also apply to the offer and supply of the Products:
      1. Our Terms of Use ;
      2. Our Privacy Policy ;
      3. Our Returns and Refunds Policy .
    2. The above terms and conditions and policies are hereby incorporated by reference and together are the agreement (“Agreement”) between us and you in terms of the provision of Products and related services. If there is any conflict between the above terms and conditions/policy, the Terms of Supply will prevail.
    3. Why you should read them: These Terms of Supply tell you who we are, how we will provide the Products to you, how either us or yourselves may amend or end the contract for the supply of Products, what to do if there is a problem with your order and other important information.

  2. INFORMATION AND CONTACT DETAILS

    1. Who we are : See our Terms of Use .
    2. How to Contact Us : To Contact Us , please make use of our Contact page .
    3. How we may contact you : If we have to contact you, we will do so by telephone or by writing to you at the email address, postal address or other electronic communication facility address you provided to us.

  3. HOW THE CONTRACT IS FORMED BETWEEN US

    1. Signing : No electronic signature is required to conclude the contract between us; the mere sending of a Data Message or click on “Register” or “Checkout” demonstrates your acknowledgement and agreement to these Terms of Supply and the Product specific T&C's (where applicable).
    2. Product specific T&C's : Certain Products may have additional terms and conditions that will apply. The Product specific T&C's will be available to you prior to submitting your offer and should be read with these Terms of Supply. Insofar as any term and condition in Product specific T&C's conflicts with these Terms of Supply in respect of the description of the Products (including, but not limited to, pricing, specifications, return policy, delivery policy), the Product specific T&C's shall prevail and any other matter, these Terms of Supply shall prevail.
    3. Invitation to do business : The presentation of Products with pricing on our website is our invitation to do business with you and not an offer;
    4. The Offer : Your order / submission of the Products you have selected, constitutes an offer by you to purchase Products from us and your confirmation that the invitation was not an unsolicited marketing of our Products.
    5. Acceptance of your Purchase order : Our acceptance of your Purchase Order will take place at our Premises on receipt of your payment and when we email or phone you to confirm our acceptance, at which point a contract (“Contract”) will come into existence between you and us (“Commencement Date”).
    6. Restrictions on Sales : The acquisitions of certain Products are limited to certain territories as prescribed by our suppliers. When you select a Product, you agree that you are in the territory as associated with said product restriction.
    7. If we cannot accept your order : If we are unable to accept your order (even after receipt of your payment), we will inform you of this and we will refund your payment. This might be because the Product is out of stock, unexpected limits on our resources which we could not reasonably foresee or plan for, an error in the price or description of the Product or we or our payment provider is unable to verify your details.
    8. Your Order Number : We will assign an order number/ reference number to your order on acceptance thereof. Please use the order number as a reference when enquiring on your order.

  4. PRODUCT DESCRIPTION AND AVAILABILITY

    1. Stock Availability : The stock of all Products presented on our website is limited. We will make all reasonable efforts to discontinue presenting the Products on our website or show “out of stock” as soon as stock is no longer available. However, should items still be presented on our website after the remaining stock is sold, we will only be liable to refund any monies paid by you where we have received your cleared funds and are unable to fulfil your order at the indicated prices.
    2. Facilitator / Lead Generator : for certain Products we only act as the facilitator/lead generator for third party service/product providers. We will present the service / Product specific T&Cs where it might be different to these Terms of Supply, however the Contract will be between you and the third-party service/product provider and we will only act as facilitator between you and the third-party product provider. We will not be liable for any action, omission or non-performance of the third-party service/product provider of its services/products .
    3. Exclusive use Territories: Certain of our Products are only allowed to be purchased and/or used in certain marketplaces as per the terms and conditions of our suppliers. It is important that you take note of this before ordering the Products.
    4. Excluded users and Territories: You are not permitted to purchase any United States specific Products from us if you are:
      1. located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services,
      2. placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list; or
      3. identified as a “Specially Designated National”.
      TAKE NOTE: We may implement certain measures to verify your identity and/or place of origin and may, without prejudice to any other right, refuse to provide you with Products where we may in our sole discretion be of opinion that the above limitations apply to you.
    5. For intended purposes only: our Products can only be used as intended and are not allowed to be used for trade or tender for other deliverables.
    6. Take note that we do not have any control over the content that is available on the respective product providers or service provider’s stores where you will utilise our Products to acquire content, i.e. we have no control over the content of an iTunes Store. We offer the service of purchasing the Product (that may consist of a code) through us, but it is your responsibility to ensure that you have the necessary, data, hardware, software and account required to use the Product and use the value to obtain goods from said stores or avail of the services.

  5. YOUR RIGHTS TO MAKE CHANGES

    1. Before submission of your order : Prior to submission of your order you will be allowed to make changes to your selection of Products
    2. After submission of the order : If you wish to amend your order please Contact Us as soon as possible. However, take note thatall of our Products are digitally delivered via our website and/or email.
    3. After delivery of the Products, you may return the Products only in accordance with the Returns and Refunds Policy . Once delivered you are not allowed to make changes to the order. Delivery shall be perceived to have taken place when the secret pin code has been exposed in your account on Hibacardz.com regardless whether the data message has entered your information system.

  6. OUR RIGHTS TO MAKE CHANGES

    1. Minor changes to the Products - We may change the Products and specifications:
      1. to reflect changes in relevant laws and regulatory requirements; and/ or
      2. to implement minor technical adjustments and improvements.
    2. More significant changes to the Products and these Terms of Supply (subsequent to delivery of the Products or the Commencement Date): In addition, as we informed you in the description of the Products on our Website, we may attend to make any changes to these Terms of Supply or the Products, but if we do so, we will notify you and you may then Contact Us to end the Contract and receive a full refund before the changes take effect.

  7. DELIVERY OF PRODUCTS

    1. Delivery costs : There are no delivery costs in the delivery of the Products to you;
    2. Delivery of the Products :
      1. Where a Product Code applies the following will apply:-
        1. Depending on your status as user the Product code will be presented to you on the website subsequent to our Contract being concluded with you;
        2. The Product code will further be made available to you on your user Account;
        3. Where product code is sent by email, kindly take note that a new registered user may have a delay in the initial delivery of the Products. We first have to verify you as user. Once completed, your Product(s) will be sent to the Delivery Address. Once a Product is purchased, it can take up to 24 hours from time of purchase for delivery to the chosen Delivery Address as we do rely on third parties for the delivery of the email containing your Product. Should you not receive a successful transaction message after completing your purchase, and if no code is received within 24 hours, please contact us via the Contact Us page.
      2. For other Products (no code) delivery will take place via email and will paragraph‎7.2.1.3apply accordingly
      3. All deliveries are dispatched from our secure facilities at our Premises.
    3. We are not liable for any delays in timeous delivery of your Products where such delays are caused by events outside our control. If our supply of the Products is delayed by an event outside our control, then we will where reasonably possible contact you as soon as possible to let you know and we will take necessary steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may Contact Us to end the Contract and receive a refund for any Products you have paid for but not received.
    4. Delivery at the location you selected : We shall have the Products delivered at the location set out in your order or as per your user Account details (“ Delivery Address ”) and/or presented to you on our website subsequent to Contract. It is your responsibility to ensure that the address as set out in your order is correct.
    5. Unable to supply Products ordered : If we are unable to perform in terms of the Contract on the grounds that the Products ordered are unavailable, we will notify you of this fact and refund any payments within 30 (thirty) days after the date of such notification.
    6. Acceptance of delivery : the Product will be delivered and assumed accepted when we present the Product code to you in the user account section of the website or where it is not presented to you, when the Data Message submitting the Product or tickets for a third party service provider have entered your information system.
    7. Transfer of Risk : All risk in and to the Products shall transfer to you on the date of delivery of the Products to the address you gave us.
    8. Rights to the Product : You will have the rights to use the Product on Commencement Date and subsequent to delivery.
    9. Reasons we may suspend the supply of Products to you: We may need to suspend the supply of a Product to:
      1. deal with technical problems or make minor technical changes to the Website;
      2. update the Products to reflect changes in relevant laws and regulatory requirements; or
      3. make changes to the Products requested by you or notified by us to you (see paragraph 6 above).
    10. Your rights should we elect to suspend the supply of Products to you subsequent to receipt of payment: You may Contact Us to end the Contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 (thirty) days and we will refund any sums you have paid in advance for the Products in respect of the period after you end the Contract.
    11. Products delivered in error : You must notify us in writing immediately of any Products delivered to you in error. Products shall not be seen as unsolicited Products if delivered in error and we have informed you of said error within 10 (ten) Business Days after delivery and collect same within 20 (twenty) Business Days after such notice or where the delivery is obviously made to you by mistake and you have not informed us of such error in delivery within 10 (ten) Business Days from receipt thereof.

  8. SUPPORT / MANAGEMENT OF QUERIES

    1. If you have any query or need any support from us, then kindly Contact Us and submit the information as requested on our Contact page . It is your responsibility to ensure the information provided to us is accurate and true;
    2. Support and management of queries are subject to the terms and conditions of these Terms of Supply;
    3. We will, with best endeavours, deal with your query in the shortest possible time.

  9. REDEEMING A PRODUCT

    1. After purchasing a Product and it has been delivered to you, you (or the recipient of the Product (if it was sent as gift to another person) must redeem the Product by following the instructions provided.
    2. A Product (gift cards)can be redeemed only once, by a single user on an account relevant for the particular Product. You cannot split the value of a Product (gift card) over multiple accounts. The Product (voucher) is not capable of being loaded incrementally.
    3. Subject to paragraph 14.1 below, a Product (gift card) does not expire. Once a code for a Product is redeemed on the Product specific account i.e. iTunes gift card on an iTunes Account, the value is loaded onto that iTunes Account.
    4. The Product will only function upon such activation. Activated Products should take place at time of sale to you, if your Product does not work then please Contact Us .

  10. YOUR RIGHTS TO END THE CONTRACT

    1. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:-
      1. If what you have bought is damaged or the pin code does not work or incorrectly described you may have a legal right to end the Contract (or to get the Product replaced or to get some or all of your money back), see paragraph 10.2.
      2. The Products available from our website, are not subject to a Cooling Off Period and you will not be allowed to cancel the Contract accordingly;
    2. How to notify us of any problems relating to the Products : If you have any questions or complaints about the Products, please Contact Us first.
    3. If you want to end the contract : To end the contract with us, please Contact Us . Please provide us with the information as requested on the page to enable us to assist you.
    4. Returning Products and refunds after ending the Contract : You will not be able to return the Product and/or receive a refund if you end the Contract for any reason after Products have been dispatched to you (including presentation of the product code on the website).

  11. OUR RIGHTS TO END THE CONTRACT

    1. Without prejudice to any of our other rights under these Terms of Supply, We may end the contract for a Product at any time by writing to you if:
      1. you have breached our Terms of Supply; or
      2. we may withdraw the Product(s) prior to you redeeming same. We will let you know the moment we intend to withdraw a Product and will refund any sums you have paid in advance for such Products that you have not yet redeemed.

  12. PRICE AND PAYMENT

    1. The price of Products : The price of the Products will be the price as indicated on the order-pages when you place your order and confirmed it in the Cart. We will use all reasonable efforts to ensure that the price of the Products advised to you is correct. However, there might be instances where this is not the case and we refer you to paragraph‎12.3 belowin these instances.
    2. Value added tax / sale tax: All prices and/ or costs quoted by us shall be inclusive of all applicable taxes but exclusive of any value added tax or sales tax, which shall be shown clearly and separately to the agreed fees charged in terms of the Products. Taxes or other charges, including, but not limited to, transfer fees, bank charges, local taxes and value added taxes in other jurisdictions shall not be deducted from the payments due to us but shall be paid in addition to the fees due to us where they may apply. If the rate of value added tax or sales tax changes between your order date and the date we supply the Products, we will adjust the rate that you pay, unless you have already paid for the Products in full before the change in the rate takes effect.
    3. Exchange rates : Where you select to display a currency other than United States Dollars , exclusively for your convenience and reference, we make use of a third-party exchange rate converter to provide an indication of the pricing in your selected currency. However, the final charge will be the USD price. Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates or bank fees.
    4. What happens if we got the pricing wrong? There is always the possibility that, despite our best efforts, some of the Products we sell/make available may be incorrectly priced (including but not limited to our reference to the exchange rate converter). We will normally check prices before accepting your Purchase Order so that, where the Product's correct price at the time of your Purchase Order is less than our stated price at the time of your Purchase Order, we will charge the lower amount. If the Product’s correct price at the time of your Purchase Order is higher than the price stated, we will contact you for your instructions before we accept your Purchase Order. If we accept and process your Purchase Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any monies you have paid and require the return of any Products provided to you.
    5. We accept Visa and Mastercard credit card payments, debit card payments, Apple Pay and Google Pay:
      1. Payments are processed through SkipCash;
      2. We do not store any credit card, debit card or any payment information of customers at Hibacardz.com. Every transaction is processed directly by the Commercial Bank Qatar.
      3. For security purposes the necessary screening and verification of the transaction is done by FraudLabs Pro
      4. If you are paying for any Product on our website using a credit card, we may place the order on hold and request additional verification information such as proof of identity and/or proof of possession of the credit card used.
    6. We may, in our sole discretion and notwithstanding any instructions by you, appropriate any payment received from or on your behalf to any of your indebtedness to us arising from any cause whatsoever.
    7. Anti-Money Laundering, Counter Terrorist Funding and Know Your Client : From time to time we may, in our sole discretion or as instructed by any of our payment gateways or banks or transaction partners, apply certain policies in terms of AML, CTF and KYC, including but not limited to limiting the total amount to be spend during any transaction or per day or require you to follow additional steps and provide additional personal information to verify your identity.
    8. Special Offers
      1. We shall not be liable for the sale of Products at lower prices if such lower prices were increased and you could not, for any reason, conclude a Contract while such prices were at such lower price.
      2. Should we supply the wrong Product to you or if the Product is in any way faulty or damaged, we will exchange the Product for the correct/non-faulty/undamaged one. However, if the Product is no longer being offered at the special discounted price, it will not be replaced and we will refund you with the purchase price and delivery costs.

  13. HOW WE MAY USE YOUR PERSONAL INFORMATION

    We will use your Personal Information in accordance with our Privacy Policy

  14. LIMITATION OF LIABILITY

    The Products that you purchase through our website are issued and activated by participating third-party suppliers, retailers and vendors (“Suppliers”). The purchase of each Product is governed by certain terms and conditions established by the issuing Supplier in addition to these Terms of Supply:

    1. Suppliers may set expiration dates for such Products (gift cards), in addition to other restrictions and requirements depending on the applicable law of your jurisdiction and the promotional nature of certain Products.
    2. It is important that you review and familiarize yourself with all applicable Supplier terms and conditions prior to purchasing any Product. If you have questions regarding the applicable Supplier terms, please contact the issuing Supplier;
    3. As issuers of the Product (gift cards), Suppliers (and not us) are fully responsible for all aspects of their gift card programs;
    4. Suppliers are also responsible for any and all liabilities and costs suffered by you or any other customer caused, directly or indirectly, by such Supplier or their products or services;
    5. While we strives to work with reputable Suppliers, we have no liability for the sale of products or services to you by a Supplier through the use of any of our Products (gift card) or for any Supplier’s failure to honour a Product (gift card) and you will need to look solely to such Supplier for any remedy in connection with the foregoing.
    6. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any such liabilities and costs arising from or related to any act or omission of a Supplier in connection with a gift card it provides.
    7. Further, neither us nor any Supplier is responsible for lost or stolen gift Cards or where the email submitting the relevant code was intercepted by a third party or disrupted as a result of any virus.

  15. FORCE MAJEURE

    We will not be liable for any default or delay in the performance of our obligations under these Terms of Supply if, and to the extent that, such default or delay is caused by any act of God, act of Government (including legislation), pandemic, war or civil disturbance, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services (" Circumstances of Force Majeure ") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of alternative sources, workaround plans or other means.

  16. OTHER IMPORTANT ITEMS

    1. Assignment:
      1. We may transfer and delegate our rights and obligations under these Terms of Supply to any other third party.
      2. You may only transfer your rights or your obligations under these Terms of Supply to another person if we agree to this in writing.
    2. Nobody else has any rights under this contract: This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. If a court finds part of this Contract illegal, the rest will continue in force: Each of the paragraphs of these Terms of Supply operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this Contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms of Supply, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not demand payment immediately, but we continue to provide the Products, we can still require you to make the payment at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings: These terms are governed and construed by the laws of Qatar . The Parties hereby consent to the jurisdiction of Qatar for the purpose of any proceedings in terms of or incidental to these Terms of Supply, notwithstanding that the amount claimed or the value of the matter in dispute may exceed such jurisdiction.

  17. DEFINITIONS

    1. Authorised user means a user, other than yourself, authorised by you to enter and submit your information, including Personal Information, on your behalf;
    2. Business Day means any day other than a Friday, Saturday, or an official public holiday within Qatar;
    3. Data Messages means data generated, sent, received or stored by electronic means;
    4. Delivery Address: the email address you indicated that we can use to deliver the Product and/or Services to;
    5. GDPR means the General Data Protection Regulations 2016/679 which we use as basis for the protection of personal data;
    6. Personal data shall have the same meaning attributed to it in terms of the GDPR
    7. Premises means any of the physical premises as per our Contact page .
    8. Products means the products available for purchase on our website, including, without limitation, gift cards, tickets to certain events;
    9. Purchase Cycle means the process by which Products are selected from the website by you, added to the Cart by you, processed and paid for by you;
    10. Shopping Cart means an electronic tool where you may place one or more Products (which will stay there for a predetermined time) which Products will eventually make up your Purchase Order;
    11. users mean users of our website (including you);
    12. user Account: the online user account we activated for you subsequent to receipt of the required registration information and acceptance of same by us; and

We recommend you print these terms and conditions of supply for your records.

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