Simfoni Terms and Conditions
By placing this order or accessing our system I/We agree to the terms and conditions listed below.
MBL Solutions Ltd will supply Gift Cards and eGift Cards in accordance with these terms and conditions. These terms are a legally binding contract between you and MBL Solutions.
1. Gift Cards & eGift Cards
- To check the remaining balance on your Gift Card or eGift Card please contact the brand’s customer service team, or use their online balance checker (if applicable). MBL Solutions Ltd cannot check Gift Cards or eGift Card balances or provide any transaction history.
- MBL Solutions Ltd reserves the right to amend these terms and conditions at any time or withdraw the Card on reasonable notice. Your statutory rights are not affected.
- The purchase of any product including Gift Cards and Digital Gifts through the Simfoni or Simfoni Retail portal will be covered by the individual Terms and Conditions of the Retail supplier of those products. These Retailer terms and conditions must be accepted prior to each and every order made through this system.
- MBL Solutions Ltd is not responsible for the performance, use, or validity of any of the products purchased through Simfoni or Simfoni Retail, as responsibility remains with the retailer of those products.
- The accuracy of any products and their values purchased through Simfoni, whether directly by the Agency Account, or on behalf of the Agency Account by MBL Solutions or other 3rd party, is the responsibility of the Agency Account. MBL Solutions is not responsible for any mistakes on behalf of Agency Accounts or other 3rd parties.
- Agency Accounts must inform MBL Solutions within 24 hours of any incorrect orders received by them. It is the responsibility of the Agency Account to ensure the accuracy of any orders received. Incorrect orders may be cancelled by MBL Solutions.
- Once a product through Simfoni including a Gift Card or Digital Gift, has been received by the Agency Account, these products are the responsibility and ownership of the Agency Account. MBL Solutions Ltd will not accept any liability for the loss, theft or misuse of these products.
2. Purchase, Delivery & Supply
- Whenever possible, Gift Cards and eGift Cards will be dispatched/processed on the day cleared funds are received prior to 11am . If an order/cleared funds are received after 11am, these will be dispatched/processed the next working day. Orders will only be processed where we have received cleared funds or there is available credit/debit, and where credit or Aged Debts terms have not been exceeded.
- Gift Card reload and eGift Card orders that are placed via our API integration will usually be processed instantly (unless the selected brand is subject to a delay, which will be advised upon your initial enquiry), where there is available credit/debit. Orders will not be fulfilled where credit or Aged Debts terms have been exceeded.
- Gift Card and eGift Card orders cannot be amended or cancelled once submitted. Please make sure all details are correct. They cannot be returned unused. Gift Cards and eGift Cards are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that MBL Solutions Ltd has been in error in fulfilling the customer’s order.
- MBL Solutions Ltd reserves the right to refuse to accept an order and reserves the right to immediately suspend the fulfilment of an order if the customer is in breach of any of these terms and conditions.
- If any of the provisions of this agreement shall be found by any court to be invalid or unenforceable such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
- A person who is not a party to this agreement will acquire no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or take the benefit of any of these terms and conditions.
- Breach of these conditions will entitle MBL Solutions Ltd to discontinue supply immediately and seek legal remedy available for injunction, damages or otherwise.
- This agreement to supply Gift Cards and eGift Cards shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction.
- MBL Solutions Ltd reserves the right to alter any of the above terms and conditions but undertakes that before doing so it will serve a reasonable notice upon the customer. The customer may not vary the terms and conditions and any attempt to vary these terms will not be effective unless in writing and signed on behalf of MBL Solutions Ltd.
- Nothing in these terms and conditions shall affect a customer’s statutory rights.
3. Your Insolvency
In the event that:
- you make any voluntary arrangement with your creditors, you become subject to an administration order, you go into liquidation, you suffer a petition for winding up to be issued against you or the equivalent occurs under any jurisdiction order other than for the purpose of a solvent amalgamation or reconstruction, or (being an individual) you are made bankrupt; or
- an encumbrancer takes possession of, or a receiver or an administrative receiver is appointed over any of your property or assets; or - you suspend or threaten to suspend any payments hereunder or cease or threaten to cease to carry on business or
- MBL Solutions Ltd reasonably considers that any of the events mentioned above is about to occur in relation to you then without prejudice to any other right or remedies available to us, we shall be entitled forthwith to cancel our contract with you and/or suspend any further deliveries of Cards without any liability to you.
4. Data Protection
5. System Access
- When accessing any system provided by MBL Solutions Ltd, you agree to the following:
- You are of legal age in your jurisdiction where you reside to be able to enter into contracts.
- You are solely responsible for your conduct and data on our system. You will keep your contact details accurate and up to date. If you are accessing our systems as part of an organisation, you should use your organisation email address to access our systems.
- Passwords should be strong: at least 8 characters in length, mix of alphanumeric characters and symbols, not be portions of associated account names (username), not be simple strings words or patterns (eg Qwerty, Password123). Do not use the same password that is used for another system or service. Passwords shall not be shared with, used by, or disclosed to others. This includes revealing and hinting at passwords. It is your responsibility to protect this information.
- Where our systems allow you to invite other users to access your account or shared resources, it is your responsibility to ensure that you only invite authorised users to your account or resources. You are responsible for ensuring authorised users have been trained to use the system to meet your business needs.
- You agree not to misuse systems. You will not test the vulnerabilities of our systems. You will not interfere with the use of the systems. You will not breach or circumvent any security or authentication measures. You will not attempt to overwhelm our systems and infrastructure. You will not sell our services unless specifically authorised to do so. You will not reverse engineer our systems or any part of our source code. You will not violate the law in any way or violate the privacy of others.
- Use of systems is restricted to those authorised by MBL Solutions Ltd. MBL Solutions Ltd reserves the right to revoke access rights.
- If you feel the security of your account has been compromised, please contact us immediately.
MBL Solutions will provide access rights at the request of the Agency Account Holder. The use and security of these access details are the responsibility of the Agency Account Holder. MBL Solutions Ltd will not accept any responsibility for the loss or misuse of these access details. MBL Solutions are not responsible for the misuse of Simfoni, or illegal activities by 3rd parties and authorised or unauthorised users