Digicel Extras Customer Terms and Conditions
1. GENERAL INFORMATION
1.1 These terms and conditions apply to every Voucher that you request from Digicel Extras in the Cayman Islands.
1.2 "Digicel" means Digicel Cayman Limited, a company incorporated in the Cayman Islands with its principal office at Regatta Office Park, Leeward One, 1158 West Bay Road and of P.O Box 700 KYI-1107, Grand Cayman, Cayman Islands ("Digicel");
1.3 "Voucher" means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the "Voucher Holder") to receive the Merchant Offering from the Merchant during the period of time stated on the Voucher (the "Redemption Period").
1.4 "Merchant Offering" means the goods and/or services to be supplied and/or provided by the Merchant to the Voucher Holder, as specified on Digicel's site and on the Voucher. Digicel supplies the Voucher for the Merchant and the Merchant supplies and/or provides the Merchant Offering. The Merchant is a third party unrelated to Digicel.
1.5 "Request to receive Voucher" means a request to receive a discount that can be applied to a Merchant Offering' as provided in clause 1.4 and clause 2 below.
1.6 These terms have been updated on[LA1] July 2015 and[DS2] Digicel reserves the right to unilaterally amend the same at any time. All amendments to these terms and conditions will be posted on-line. . Each Request to Receiver Voucher is bound by the terms and conditions posted in the website at that time that you make the request.
2. Offer to Receive Voucher
2.1 You must be at least 18 years old to request a Voucher. Before you can receive any Voucher you must register and create an account with Digicel on Digicel ID website by clicking the register button.
2.2 By clicking on the "Get your extra" button you submit a request to Digicel to receive the Voucher. However, the Offer to receive the Voucher is not complete until you receive an email from Digicel confirming receipt of your request and providing you with a Unique Discount Code. Any Payments will be made directly at the Merchant store.
2.3 Even where Digicel has accepted your Request for a Voucher and where you are in receipt of the unique discount code, Digicel may cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Digicel, an affiliated third party of Digicel or the Merchant
2.4 The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.
2.5 Digicel reserve the right to reject your request to purchase the Voucher on receipt of instructions from the Merchant to do so.
3. Redemption of Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the Merchant and not with Digicel;
(c) the Voucher is valid for one person only; and
(d) you must follow the redemption instructions associated with the Voucher which are displayed at the Merchant Offering description page when you redeem the Voucher with the Merchant.
3.2 All Vouchers delivered by Digicel are single-purpose Vouchers which can only be redeemed with the Merchant.
3.3 In order to redeem a Voucher you must present it to the Merchant within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
3.4 In the event that a Merchant Offering on the Digicel's website is a "Direct Checkout" deal, Digicel will collect your shipping details at the time of purchase of the Voucher. Digicel will then pass these details to the Merchant on your behalf. The Merchant will then process the redemption of your Voucher and dispatch the Merchant Offering to you. You expressly consent to Digicel passing your information as provided to the Merchant.
3.5 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Merchant Offering as soon as payment has been made nor at any specific time after such payment. We recommend that you contact the Merchant at an early stage to give you the best chance of securing your preferred item from the Merchant however the delivery time for each offer will be specified on the Merchant Offering description page. Digicel cannot influence the supply and/or provision of the Merchant Offering.
3.6 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.7 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, Digicel will notify you as soon as possible by email. Digicel will offer you a new Voucher with comparable benefits (if available).
4. How to use a Voucher
4.1 Any purchased Voucher is for your non-commercial, personal use only (although you may give the Voucher to someone else for their non-commercial, personal use).
4.2 Your Voucher is solely your responsibility. Neither Digicel nor the Merchant are responsible for lost or stolen Vouchers or for retrieving Voucher reference numbers or Voucher security codes.
4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the Voucher or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to these terms may render a Voucher void at Digicel's discretion.
4.5 The reproduction or commercial trade of a Voucher is prohibited.
5. Cancellation, Limitations and Refunds.
5.1 You may cancel your Request to receive a Voucher within 14 calendar days after the day you receive the confirmation email (the "Voucher Cancellation Period").
5.2 If you redeem your Voucher during the Voucher Cancellation Period, you acknowledge that you have expressly requested the Merchant to begin providing the Merchant Offering, and you acknowledge that you lose your right to cancel the Voucher and the Merchant transaction.
5.3 As Digicel is not responsible for the supply or provision of the Merchant Offering, once Digicel sends to you the Unique Discount Code, Digicel has completed its services to you in full.
5.4 Where the Merchant Offering contains Digicel airtime or data as part of the Merchant Offering, Digicel is not responsible for the supply or provision of the Merchant Offering and will only credit your phone with airtime of the respective data bundle once the Merchant confirms that you have redeemed of the Voucher.
5.5 Subject to clause 5.1 If you want to cancel your Request to receiver a Voucher you can do so in any of the following ways:
5.5.1 From your Digicel mobile phone Ð 100
5.5.2 From outside Cayman - +1 345-623-3444
5.5.3 By email - email@example.com
5.6 If you redeem Your Voucher, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not Digicel is responsible for the supply and/or provision of the Merchant Offering. If you and the Merchant cannot agree on how to resolve the complaint, Digicel may, upon your request, try to help resolve the issue between you and the Merchant.
6. The Merchant's Offering
6.1 You understand that the Merchant is
a. the seller, supplier and/or provider of the Merchant Offering;
b. the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
c. solely responsible for providing the Voucher Holder with the Merchant Offering and for the Merchant Offering itself.
7. Digicel's Liability
7.1 You understand that Digicel:
a. only avails that Voucher for purchase
b. makes no promises as to the completeness, fitness for purpose or legality of the Merchant Offering and is not responsible for the quality, safety, usability or any other aspect of the Merchant Offering.
c. is not liable for any losses not caused by its breach or any other losses or damages you may suffer, including any indirect losses resulting from the Merchant Offering .
d. is not liable for any breach of an obligation under these terms where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
e. Digicel's total liability to you will in no circumstances exceed the value of the Voucher.
8.1 Digicel is committed to respecting your privacy and to complying with applicable data protection and privacy laws.
8.2 We endeavor to collect and use your personal information only with your knowledge and consent and typically when you use services, make customer enquiries, register for information or other services, or when you respond to communications from us.).
8.3 You acknowledge that by creating an account with Digicel or by vising Digicel's website, some of your personal information may be collected and/or or generated within our Network. You expressly acknowledge and consent to information collected to enable us provide you with the Voucher services may be passed on to the Merchant with whom you are contracting with for the Merchant Offering.
9.1 If you breach these terms and Digicel takes no action against you, this does not mean Digicel has waived its rights and remedies with regard to your breach. Digicel may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these terms
9.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Digicel for the purpose of legal process) or by pre-paid post. Any notice Digicel sends to you will be to the address you supplied to Digicel when you registered for your Digicel Extras account. You can send any notice to Digicel's registered office address as set out in clause 1.2 above
9.3 If any provision of these terms should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these terms are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
9.4 We will do our best to resolve any disputes about these terms. If you wish to bring a legal claim against us, you must do so within the laws of Cayman Islands