Aviso para Gift Cards
Version 1.1, last amended 2021-08-25
- Use of Gift Cards and Gift Card Balance
ENEBA Gift Card (hereinafter Gift Card) may only be used towards the purchase of eligible products or services on www.eneba.com and/or through the app (hereinafter Platform). To use the Gift Card for purchases it first must be redeemed to the user’s Gift Card balance accessible through the user’s ENEBA account (hereinafter Gift Card Balance). Purchases are deducted from the purchaser’s Gift Card Balance. If a purchase exceeds the user’s Gift Card Balance, the remaining amount can be paid by purchasing additional Gift Cards and reloading Gift Card Balance during checkout. UAB Helis Play or its affiliates (“ENEBA” or “we”, “us”, and “our”) may provide Gift Card purchasers with information about the redemption status of Gift Cards that they purchase. To view your Gift Card Balance, visit your account Login on the Platform.
- We are not a bank and the Gift Card Balance is not a bank account. Gift Card Balance does not earn interest. Gift Card Balance has no value outside the Platform. Gift Card Balance may not be used for the purchase of products or services at any other website owned and operated by us, our affiliates, or any other person or entity, except as indicated by these Gift Card Terms and Conditions. Gift Card Balance cannot be resold, transferred for value, used for unauthorised commercial purposes, including to facilitate the resale or shipment of goods from ENEBA, redeemed for cash, or used in a manner otherwise prohibited by ENEBA Terms and Conditions. Unused Gift Card Balance in your ENEBA account may not be transferred to another ENEBA account. If you are refunded for a product or service purchased using Gift Card Balance, the funds will return to your Gift Card Balance.
- ENEBA may limit the amount of Gift Cards and Gift Card Balance redeemed, stored or used within a certain period of time, or implement other restrictions on redeeming or use of Gift Cards or Gift Card Balance.
- Unredeemed Gift Cards are subject to expiry term, which shall be indicated in the information provided when purchasing such Gift Cards. In case you did not redeem your Gift Card until its expiry term, please contact support and we will see whether we are able to help you.
- If you do not use Gift Card Balance funds within 36 months of adding them, they will be subject to an administrative fee of the amount applicable at the time. We will notify you by email before we start applying this fee to enable you to use them before that happens.
- In case your ENEBA account is closed for violation of these Gift Card Terms and Conditions, ENEBA Terms and Conditions, or improper or illegal activity, your remaining Gift Card Balance may be revoked and no refund for any unused funds will be granted.
- Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. ENEBA is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
We will have the right to close the user’s ENEBA account and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Platform.
- Limitation of Liability
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Prohibited Activities
- We want to make sure you are aware of certain restrictions of the use of Gift Cards and Gift Card Balance. If you engage in these activities, ENEBA may prevent you from redeeming Gift Cards, using Gift Card Balance or may take further action on your ENEBA account without a refund.
- You may not:
- sell or exchange a Gift Card for cash or for any other prepaid payment instrument;
- give or receive a Gift Card as payment for goods or services off of ENEBA;
- purchase a Gift Card from an unauthorised third party as we cannot guarantee that they are legitimate;
- use a Gift Card as payment for orders placed for commercial reasons. That is, unless expressly provided otherwise, you may not use our ENEBA Gift Cards to fulfill sales or fund purchases that you are making with the intent of reselling or exporting the goods or services;
- transfer a Gift Card to another account once the Gift Card has been redeemed to Gift Card Balance;
- redeem a Gift Card to a Gift Card Balance if you are not the intended recipient (e.g., you are not the intended recipient if you fraudulently deceived the purchaser into giving or selling you a Gift Card (even if they willingly do so at the time of transfer));
- use a Gift Card for any illegal or unauthorised purpose.
- The list of prohibited activities above is not intended to be a complete or exhaustive list of all prohibited activities. Engaging in any activity that, in our sole discretion, disrupts or is harmful to our users, reputation, goodwill, business or operations is prohibited. Engaging in any prohibited activities, or using Gift Card in violation of these Gift Card Terms and Conditions may result in us taking actions against you, including, but not limited to, preventing you from claiming or redeeming Gift Cards, revoking Gift Card Balance, or closing your ENEBA account.
- General Terms
- ENEBA Terms and Conditions apply. When you purchase, receive or redeem a Gift Card, you agree that the laws of the Republic of Lithuania will govern these Gift Card Terms and Conditions. If you are a consumer and have your habitual residence in the European Union, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.