Terms and Conditions

/ Terms and conditions /

Last updated on: 2nd October 2023

Terms & conditions

 

Please read these Terms carefully. They contain important information about your rights and obligations when using this Website; www.moneybouquet.co

These Terms will apply to the use of our Website and purchase of the "Gift Cards" (whether MB or digital versions), products and services by you (hereafter "you"/" your") from Money Bouquet (a subsidiary of MBQ Cash Company Limited registered in Ghana under company number: SN002390523 having our registered office at East Legon, VAT Number is: C0062834061 (hereafter "us", "our" or "we") via our Website.

 

  1. HOW THESE TERMS APPLY

1.1 When you use the Website, you are agreeing to follow these Terms for using the Website. This agreement is necessary for us to allow you to access and use our Gift Cards, products, and services. If you do not agree to these Terms, please do not use the Website or our Gift Cards, products, or services

 

1.2 You agree to abide by these Terms when you order any Gift Cards, products or services. Before placing an order on the Website, you will be prompted to accept these Terms by checking the box. If you do not check the box, you cannot finish your order and buy the Gift Cards, products, and services.

 

1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to inform you of any changes to the Terms, for example, by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website when you use it. These Terms were updated in September 2023.

 

1.4 Our Privacy Policy applies to using this Website, purchasing gift cards, prop money and third-party service providers. Please see the link provided.

 

  1. ACCESS

2.1 You are responsible for making all arrangements necessary for you to have access to the Website.

2.2 By agreeing to these Terms and making any orders, you represent that you are at least the age of majority and have the legal capacity to contract in your country, state or province of residence. We do not knowingly contract with any minors.

2.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

2.4 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day annually; however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure, other technical issues, reasons beyond our control, or required updating, maintenance or repair.

2.5 Where possible, we will try to warn you of website maintenance issues but shall not be obliged to do so.

 

  1. INTELLECTUAL PROPERTY

3.1 The term "Intellectual Property Rights" refers to a range of proprietary rights, including but not limited to copyright (including designs and logos), trademarks, patents, databases, and other intellectual property rights. These rights include all software, design, registered designs, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the Gift Cards, products or services, creations, inventions, or improvements upon or additions to an invention, confidential information, know-how, and any research effort relating to Money Bouquet and the Website and its content. These rights also include moral rights and any similar rights in any country, whether registered or unregistered, including applications for and the right to apply for them anywhere in the world.

3.2 The materials on the Website, such as text, images, videos, photographs, and software code, are protected by Intellectual Property Rights owned by us and our licensors. You recognize that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website will remain with us or our licensors.

3.3 Subject to Clause 3.5, 3.6 and 3.7 you may:

  1. a) retrieve and display materials on the Website on a computer screen or similar display in order to purchase the Gift Cards and/or products and/or services;
  2. b) download and store in electronic form the Order Confirmation (as defined in Clause 6) from the Website; and
  3. c) copy and print, one copy only of the Order Confirmation and our Terms from the Website.

3.4 Copying, downloading, storing, scrapping or printing the materials on the Website for any reason other than personal use or in accordance with Clause 3.3 is expressly prohibited.

3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, scape, publish, display, commercially exploit or create derivative works from any of the materials on the Website.

3.6 No license is granted to you to use any of our trademarks or copyrights or those of our affiliated companies or licensors.

3.7 You agree that you will not use our or our licensor's Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our or our licensor's Intellectual Property Rights will be a breach of these Terms and civil and criminal action may be taken.

 

  1. USE OF THE WEBSITE

4.1 You are permitted to use the Website and the material contained in it only as expressly authorized by us and in accordance with these Terms, as may be amended from time to time, without notice to you.

4.2 Provided that you comply with all other provisions of these Terms, you may download or print one copy only of pages of our Website:

  1. a) for your private use; or
  2. b) to draw attention to the content of our Website to members of your organization.

4.3 You must not:

  1. a) download or print pages of the Website for commercial use other than use permitted by Clause 3.3;
  2. b) alter the content of any Website webpage you download or print; or
  3. c) use any images, videos or photographs on the Website.

4.4 You must:

  1. a) keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print; and
  2. b) acknowledge us as the owners of the content of the Website at all times.

 

4.5 You must not modify, adapt, scrape, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent, in writing, if you provide us with the information we request.

4.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

4.7 We reserve the right to:

  1. a) Make changes to the information or materials on this Website at any time;
  2. b) Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, Gift Cards, products, services, information, pricing, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party; and
  3. c) Refuse to post material on the Website or to remove material already posted on the Website at our sole discretion.

4.8 You may not use the Website for any of the following purposes:

  1. a) Posting any unlawful, harassing, libellous, defamatory, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material;
  2. b) Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person, including their right to privacy;
  3. c) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
  4. d) Breaching any applicable local, national or international laws, regulations or code of practice;
  5. e) Gaining unauthorized access to other computer systems, Website or servers;
  6. f) Interfering with any other person's, entities or company's use or enjoyment of the Website;
  7. g) Breaching any laws concerning the use of public telecommunications networks;
  8. h) Interfering with, disrupting or damaging networks or websites connected to the Website;
  9. i) The utilization of data mining, robots (bots) or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website or the contents of the Website;
  10. j) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
  11. k) To create and/or publish your database that features all or any parts of the Website or the contents of the Website;
  12. l) Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner;
  13. m) Selling or re-selling or using for commercial purposes the; Website, any of the Website content, any Gift Cards, products or services available on the Website, access to the Website, ; or
  14. n) To represent to others that there is any connection between the Website and your business, Website or your views and opinions, that we endorse you, are associated or partner with you or anything connected to you or your business.

4.9 In addition, you must not:

  1. a) Introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful to the Website or our server;
  2. b) Impersonate any other person or fraudulently provide us with incorrect information;
  3. c) Attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to it;
  4. d) Attack the Website or server via a denial-of-service attack or a distributed denial-of-service attack;
  5. e) Damage, disrupt or interfere with any part of the Website or server, any equipment or network on which the Website is stored or any software used for the provision of the Website; or
  6. f) Remove any copyright notice or notice of any other Intellectual Property Rights from the Website or any materials on the Website.

4.10 A breach of Clause 3 and/ or Clause 4 may be a criminal offence under the Computer Misuse Act 1990 or cause us to take civil action against you. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website, the Gift Cards, products and our services will cease immediately.

 

  1. SUSPENDING OR TERMINATING YOUR ACCESS

5.1 We reserve the right to terminate or suspend your access to the Website, our Gift Cards, products and services immediately and without notice to you if:

  1. a) we have reasonable grounds to believe that you are acting in breach of these Terms (repeatedly or otherwise);
  2. b) you are impersonating any other person or entity;
  3. c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
  4. d) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website and/or in the purchase or use of the Gift Cards;
  5. e) there are insufficient funds loaded on your Gift Card at the time of a transaction to cover the amount of the transaction or
  6. f) there are errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.

 

  2. BASIS OF SALE

6.1 The description of the Gift Cards, products and services on our Website does not constitute a contractual offer to sell the Gift Cards, products and services. When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The order process is set out on the Website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.

 

MB Gift Cards

6.2 A "Contract" will be formed for the sale of MB Gift Cards, products and services ordered only when you receive an email from us confirming the order, the value of the order, your delivery address and estimated delivery date (the "Order Confirmation"). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Gift Cards, products and services supplied under the Contract. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time. No variation of the Contract, whether about description of the Gift Cards, products and services, prices, fees, delivery or otherwise, can be made after it has been entered into unless the variation is agreed by us in writing. Unless otherwise agreed by us, the use of our Gift Cards, products and services is personal to you and cannot be assigned or sold to a third party.


Digital Gift Cards

6.3 A "Contract" will be formed for the sale of digital Gift Cards, products and services ordered via the Website and confirmed via SMS via ________________or an email via ____________(the "Digital Order Confirmation"). You must ensure the Digital Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order, you agree to us giving you confirmation of the Contract by means of an email or SMS with all information in it (i.e. the Digital Order Confirmation). You will receive the Digital Order Confirmation within a reasonable time after making the Contract. Once the Digital Order Confirmation is complete. No variation of the Contract, whether about the description of the Gift Cards, products and services, prices, fees or otherwise, can be made after it has been entered into unless we agree on the variation in writing. Unless otherwise agreed by us, the use of our Gift Cards, products and services is personal to you and cannot be assigned or sold to a third party.

 

  1. PRICE AND PAYMENT

7.1 The prices for Gift Cards (both MB and digital), products, services, and any additional delivery or other charges are determined on the date of the order or as agreed upon in writing. The prices and charges may include Value Added Tax (VAT) at the applicable rate on the order date. If the VAT rate changes between the order date and delivery date of the Gift Cards, products, and services, we will adjust the VAT rate you pay, unless you have already paid in full prior to the change in the VAT rate.

7.2 To complete your order, you can pay using your Mobile Money, credit or debit card details. Our third-party payment provider, Pay Stack, will process your payment immediately or before your Gift Cards, products, and services are delivered. We accept payments through Pay Stack, which supports Mobile Money, Visa, Mastercard, Apple Pay, POS, and Bank Transfers per their policies.

7.3 For MB Gift Cards, you must pay for the MB Gift Cards and/ or products before we dispatch them. Suppose you do not pay us for the MB Gift Cards and/or products when you are supposed to, and you still do not make payment within seven (7) days of us reminding you that payment is due. In that case, we may suspend the supply of the MB Gift Cards and/or products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the MB Gift Cards and/or products. We will not suspend the MB Gift Cards and/or products where you dispute the unpaid invoice. We will not charge you for the MB Gift Cards and/or products during the period they are suspended. As well as suspending the MB Gift Cards and/or products, we can charge you interest on your overdue payments (see below).

7.4 The price of the Gift Cards, products and services will be indicated on the Order Confirmation or Digital Order Confirmation (as applicable). We take all reasonable care to ensure that the price of the Gift Cards, products and services advised to you is correct. However, please see below for what happens if we discover an error in your order's price of the Gift Cards, products and services.

7.5 It is always possible that, despite our best efforts, some of the Gift Cards, products and services we sell may be incorrectly priced. We will usually check prices before accepting your order so that if the Gift Cards, products and services' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Gift Cards, products and services' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Contract, in the case of Gift Cards and products; refund you any sums you have paid and require the return of all the Gift Cards and/or products provided to you, in the case of services ask you to pay the total price for the services rendered.


  1. WHERE TO SPEND THE GIFT CARDS

8.1 You can use your Gift Cards to make purchases from our approved partners ("Approved Partners"). The list of Approved Partners is subject to change and is available at www._______________. Please note that specific merchants in Ghana are not part of our Approved Partners program and do not accept prepaid debit cards or specific types of transactions. It's important to know that you can only use your card for purchases from our Approved Partners.

8.2 Spending on your Gift Card

The following Limits shall apply to your Gift Card:

 

Limits Amount (GH₵)

Silver Card

Max Load / Balance GH₵ 1000

Max number of transactions in a 24-hour period: 5

 

Gold Card

Max Load / Balance GH₵ 10,000.00

Max number of transactions in a 24-hour period: 10

 

Platinum Card

Max Load / Balance GH₵ 100,000.00

Max number of transactions in a 24-hour period: No Limit

 

  1. DELIVERY

9.1 When you or your company purchase MB Cards or our products on our Website, we endeavour to deliver the MB Cards and/or products as follows:

 

Within the Accra/Tema areas of Ghana:

  • Standard - to arrive in 2 to 3 Working Days after we have dispatched; or
  • Express - to arrive in 1 Working Day after we have dispatched.

 

Other Parts of Ghana:

  • Standard - to arrive 4 to 5 working days after we have dispatched; or
  • Express - to arrive 2-3 working days after we have dispatched

 

9.2 It is understood that in case of a shortage of stock or other valid reasons, we may deliver the MB Cards and/or products in installments. This is subject to the above provisions, and you will not be responsible for any extra charges.

9.3 If you or your chosen recipient are unable to receive the MB Gift Cards or products at the designated delivery location for reasons beyond our control, we may have to charge you for the reasonable expenses incurred in storing and reshipping them. Please be aware that once the delivery is complete or the items are collected, they will become your responsibility.

9.4 If you do not allow us access to you or your designated delivery location to perform the delivery as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Contract and charge you for the additional costs.

 

  1. IF THERE IS A PROBLEM WITH YOUR ORDER?

10.1 We do our best to make sure your MB Card or product is received with funds, but if it does not, we are here to help. Alternatively, if you wish to cancel or receive a refund, you can reach us on either:

10.2 If we do not deliver the MB Cards, products and services on time, you can (in addition to any other remedies) treat the Contract at an end if:

  1. a) we have refused to deliver the MB Gift Cards, products and services completely, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
  2. b) after we have failed to deliver on time, we have discussed and you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

Then, if you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

 

  1. IMPORTANT INFORMATION

11.1 We may have to suspend the supply of the Gift Cards, products and services to:

  1. a) deal with technical problems or make minor technical changes;
  2. b) update the Gift Cards, products and services to reflect changes in relevant laws and regulatory requirements; or
  3. c) make changes to the Gift Cards, products and services as requested by you or notified by us to you.

11.2 We may write to you to let you know that we are going to stop providing the Gift Cards, products and services. We will use our reasonable endeavours to let you know in advance of our stopping the supply of the Gift Cards, products and services and will refund any sums you have paid in advance for Gift Cards, products and services that will not be provided.

 

  1. RISK AND TITLE

13.1 Risk of damage to, or loss of, any Gift Cards and/or products will pass to you when the Gift Cards and/or products are delivered to you or the address you designate or have been digitally purchased on your Mobile Money, Apple Pay, Samsung Pay and Google Pay account (as you selected or selected on behalf of someone else). You do not own the Gift Cards and/or products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice, to cancel any delivery and end any right to use the Gift Cards and/ or products still owned by you, in which case you must return the Gift Cards or allow us to collect them, at your sole cost.

 

  1. RETURN & REFUNDS POLICY

13.1 While we hope you will be happy with your Gift Card(s), products or services, we know you may sometimes need to return them and/or seek a refund. Please see below for further information.

 

  1. REFUND AND CANCELLATION PERIOD

MB Cards

14.1 Your right to request a refund starts from the moment we accept your order until 14 days after you receive your MB Card. We cannot accept refunds beyond the 14-day cancellation period. Refunds can only be made on MB Card(s) that have the full purchase value remaining. If you use the MB Card(s) in part or whole, then we cannot grant you a refund.

14.2 If you are exercising your right to change your mind, you must return the MB Card(s) within 14 days of telling us in writing (an email will suffice) you wish to cancel. Otherwise, your right will expire.

14.3 To return an MB Card, please contact us at orders@moneybouquet.co or phone (+233) __________. Once you have registered your refund and we have acknowledged it, please put your MB Gift Card into the post and send it back to Money Bouquet (Address) Ghana, with sufficient postage.

14.4 Digital Gift Cards

  1. When you order your digital Gift Card(s), you have a legal right to cancel your digital Gift Card(s) in writing (an email with suffice) up to 14 days after you purchase the digital Gift Card(s), without being charged a "Redemption Fee", this 14-day period is known as the "Cooling-Off Period". This is solely subject to you not using the digital Gift Card. Where you have used the digital Gift Card, Clause 14.5 below will apply. 

 

  1. We may also cancel these Terms or suspend your MB Card or account immediately if we believe your MB Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. If your MB Card is cancelled, we will immediately block your Card so it cannot be used. You will not be entitled to a refund of money you have already spent on authorized transactions or pending transactions for use of the MB Card before the Card is cancelled or expires.

 

  1. You can cancel your digital Gift Card by contacting customer services in accordance with Clause 10.1 above.

 

  1. RETURN COSTS

15.1 We will pay the costs of return of the MB Gift Cards and/ or products:

  1. a) if the MB Gift Cards and/or products are faulty or misdescribed; or
  2. b) if you are ending the Contract because we have told you of an upcoming change to the Gift Cards and/or products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something, we have done wrong.

15.2 In all other circumstances (including where you are exercising your right to change your mind within the 14 days cancellation period) you must pay the costs of return of the MB Gift Cards and/or products. We would recommend a form of tracked mail to ensure safe receipt. We do not accept liability for the loss of your returned MB Gift Cards and/or products or your postage charges.

 

  1. RECEIVING YOUR REFUND

16.1 Once the MB Gift Card or product has been received by us and verified or the digital Gift Card refund request has been verified and approved, your refund will be processed within 5 to 10 Working Days. Refunds will be made to the Mobile Money, credit or debit card used for your purchase only.

 

  1. YOUR STATUTORY RIGHTS

17.1 Nothing in these Terms affects your statutory rights within Ghana.

 

  1. OUR RIGHT TO CANCEL

18.1 We may end the Contract for any Gift Cards, products and services at any time by writing to you if:

  1. a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
  2. b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Gift Cards, products and services, for example, delivery address, email address or Contract details;
  3. c) you do not, within a reasonable time, allow us to deliver the Gift Cards and/or products to you or collect them from us; or
  4. d) you do not, within a reasonable time, allow us to supply the services.

18.2 If we end the Contract in the situations listed above, we will refund any money you have paid in advance for the Gift Cards, products and/or services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

 

  1. LINKING TO THE WEBSITE

19.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

19.2 Any agreed link must:

  1. a) be to the Website's homepage and not to any other page on the Website;
  2. b) be established from a website that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any Intellectual Property Rights or other rights of any other person, company or entity or does not comply in any way with the law in Ghana and the law in any country from which they are hosted;
  3. c) be provided in such a way that is fair and legal and does not damage our reputation or goodwill or take advantage of it;
  4. d) not suggest any form of association, approval or endorsement on our part where none exists;
  5. e) not cause the Website or content on the Website to be embedded in or 'framed' by any other website; and
  6. f) not cause the content of the Website to be displayed differently from the way it appears on the Website.

19.3 We have no obligation to inform you if the address of the Website home page changes, and it is your responsibility to ensure that any link you provide to our Website homepage is at all times accurate

19.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.

 

  1. WEBSITE EXTERNAL LINKS

20.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked Website, we are not responsible for the availability of such external websites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

  1. a) The privacy policies of such websites;
  2. b) The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
  3. c) The use which others make of these websites; and
  4. d) Any damage, loss or offence caused or alleged to be caused to you, your business or company arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

 

  1. DISCLAIMER

21.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any Gift Cards, products, services or information available through the Website meet your specific requirements.

21.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

21.3 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).

21.4 We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses. malware or bugs.

21.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website, and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

21.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. It would be best if you bore the risk associated with internet use. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful that may infect your computer, hardware, software, peripheral computer equipment, computer programs, data, database or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

 

  1. LIMITATION OF LIABILITY AND INDEMNITY
  2. If you're a consumer, these Terms don't affect your legal rights.

22.2 We cannot exclude or limit our liability to you for:

  1. a) Death or personal injury resulting from our proven negligence;
  2. b) Proven fraud or fraudulent misrepresentation;
  3. e) Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability within Ghanaian law.

22.3 We, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors will not be liable, in contract, tort (including, without limitation, negligence), strict liability or otherwise, including but not limited to; arising from your use of the Gift Card or our services or any Gift Card or our services procured via the Website, or for any other claim related in any way to your use of the Gift Card or our services, including, but not limited to; any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Gift Card or our services, or any content posted, transmitted, use of or reliance on any material or content displayed on or otherwise made available via the Website, or inability to use the Website, even if advised of their possibility, pre-contract or other representations (other than proven fraudulent or negligent misrepresentations) or otherwise, or any linked websites, or for any losses to you including but not limited to:

  1. a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
  2. b) any loss of goodwill or reputation;
  3. c) any special or indirect losses;
  4. d) any loss of data and database;
  5. e) wasted management or office time; or
  6. f) any other loss or damage of any kind.

22.4 If you are not a consumer, we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website or the Gift Cards other than that referred to in Clause 22.2.

22.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us before using the Website. We are not responsible for unforeseeable losses.

22.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors, harmless immediately on demand, from and against all claims, including but not limited to all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, (including reasonable administrative and legal costs), arising out of any breach of these Terms by you, your business or your company, or any other liabilities arising out of your, your business or your company use of this Website or any other person accessing the Website using your personal information with your authority.

22.7 If you are a consumer, you agree to fully reimburse us, our officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, subcontractors or licensors for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.

 

  1. FORCE MAJEURE 

23.1 In the event of any failure by a party to fulfil their obligations in these Terms because of something beyond its reasonable control, then:

  1. a) the party will advise the other party as soon as reasonably practicable; and
  2. b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the rights relating to delivery and any right to cancel the Contract.

23.2 In addition, we shall have no liability to you for any breach of these Terms including but not limited to the inability to provide the Gift Card or services or cancellation of a Gift Card or services caused by Force Majeure, an event or circumstance beyond our reasonable control including, but not limited to; strikes, lock-outs or other industrial disputes, breakdown of systems or network access; pandemic, epidemic, lockdown (national or local) flood, fire, explosion or accident, civil unrest or war.

 

  1. USE OF PERSONAL DATA

24.1 In order to go on our Website and purchase our MB Cards, products or services, we collect personal data on you. This information will only be requested and processed in accordance with our Privacy Policy; please see the link here: ____________________

 

  1. COMPLAINTS 

25.1 We handle complaints in a way that aims to avoid disputes. If a dispute does occur, consumers can contact us with the details below, and we'll work together to find a solution.Email orders@moneybouquet.com or

  • Telephone: ________________________

 

25.2 We will aim to respond with an appropriate solution within five (5) working days. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please write to us as soon as possible. If you and we cannot resolve a dispute using our complaint-handling procedure, We will:

  1. a) let you know that we cannot settle the dispute with you; and
  2. b) give you certain information required by law about our alternative dispute resolution provider.

 

  1. GENERAL

26.1 We reserve the right to change the domain address of this Website and any services, Gift Cards, products, prices, product specifications and availability at any time, at our sole discretion.

26.2 Each of the Clauses of these Terms should be considered separately. If any of the Clauses in these Terms are found to be unenforceable, invalid or illegal, the rest of the Clauses in these Terms will continue to be enforceable and have full effect.

26.3 The Terms and policies on our Website, such as our Privacy Policy, apply to our Gift Cards, products, and services. They are the complete agreement between you and us and control how you use these items. These documents replace any previous agreements or communications, whether written or spoken, between you and us.

26.4 These Terms are only available in English.

26.5 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing. Any delay by us in enforcing our rights, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.

26.6 We have the right to transfer, assign, subcontract, delegate, license, or mortgage our rights and obligations under these Terms to another legal entity, company, or organization.

26.7 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

26.8 Unless it expressly states otherwise, these Terms do not give rise to any third-party rights to enforce any term of these Terms.

 

  1. GOVERNING LAW AND JURISDICTION

27.1 It's important to mention that the website's management and operation are located in Ghana.

27.2 These Terms (including any non-contractual matters) are governed by the laws of Ghana.

27.3 Any disputes, contractual or otherwise, will be resolved through alternative dispute resolution based in Ghana. The courts in Ghana will have exclusive jurisdiction.