TERMS & CONDITIONS FOR USING DELL PROMOTIONAL CARDS
The following terms and conditions (the "Agreement") apply to any use by you of a Dell Promotional Card provided by Dell Canada Inc. (“Dell”) or through its partners to you for free or at no charge, including "free with purchase" or otherwise (the "Promo Card"). These terms do not apply to any non-expiring Dell gift card that Dell may offer for purchase in the future. Please note that the promo card expires 90 days after it is issues.
Separate terms and conditions communicated by the issuer of the Promo Card will also apply to and accompany the Promo Card (the “Issuer Agreement”).
Card Program Privileges
1. By accepting and retaining the Promo Card or using the Promo Card, you agree to these terms and conditions.
Use of the Card
2. The Promo Card may only be used by customers in Canada to make purchases of merchandise and services from Dell. The Promo Card is redeemable at www.dell.ca/home. In the event of technical difficulties at the time of purchase using the Promo Card, not all means of redeeming the Promo Card may be available and Dell will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Promo Card elsewhere. If you attempt to use the Promo Card at a non-participating establishment, your purchase will be declined. This Promo Card is intended for use as a gift to an individual. Resale of this Promo Card or use for unauthorized advertising, marketing, contests or other promotional purposes is strictly prohibited. Funds cannot be used as a payment to any amounts you owe to Dell Financial Services or on purchases made with financing from Dell Financial Services, for business purchases, or to purchase Dell gift cards.. Also, the Promo Card may not be used in conjunction with payment by Paypal. Dell is not responsible for pricing, typographical, or other errors, in any offer by Dell and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Promo Card, up to the total funds available on the Promo Card. Your right to use the funds on the Promo Card is a limited right, subject to the terms and conditions of the Agreement, the Issuer Agreement and applicable law.
3. The laws of Province of Ontario govern the Promo Card and the terms and conditions of this Agreement (for all Canadian residents except Quebec). The laws of the Province of Quebec govern for residents of Quebec.
4. Please note that the Promo Card is not purchased by you and is not considered a gift card. Accordingly, the Promo Card has an expiry or "valid thru" date. This expiry date will be 90 days from the date Dell sends the card or the instructions on how to retrieve the card from you. Your Promo Card's expiry or valid thru date can be found on the carrier to which the Promo Card was affixed, or by the method set out in the Issuer Agreement. After that date, the funds will expire, and the Promo Card will not be accepted by Dell.
5. You agree to use the Promo Card only for legitimate purchases of merchandise or services through Dell and not for the purpose of obtaining cash from an establishment. You may not return merchandise or cancel services obtained with the Promo Card for a cash refund. Credits for returns accepted by Dell will be allocated back to the Promo Card if possible or will otherwise be forfeited.
6. It is your responsibility to know the amount of funds available on the Promo Card at the time of purchase. To obtain your fund availability, please review the Issuer Agreement. If your desired purchase amount is greater than your available funds, supplemental payment may be made using any credit card accepted by Dell. Except for such credit cards, Promo Cards will not be accepted by Dell in combination with any other form of payment including, without limitation, Dell Account or Dell Business Credit. Dell reserves the right to solely determine which credit cards it shall accept. Such credit cards are subject to change without notice.
Shortages/Negative Card Balance
7. If you attempt to use the Promo Card for an amount greater than your available fund balance, the transaction will prompt you to use an additional form of payment to cover the remaining balance. To use supplemental payment (see Supplemental Payment above), you should instruct Dell to apply an amount not to exceed the funds available on the Promo Card, and inform Dell that you will pay the balance with a credit card accepted by Dell. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Promo Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage.
Lost or Stolen Cards
8. You should safeguard the Promo Card from unauthorized use. Except where required by applicable law, Promo Cards cannot be redeemed for cash or replaced if lost or stolen.
Using Multiple Cards
9. Dell will only accept a limited number of Promo Cards per purchase. Funds from Promo Cards cannot be merged with funds from any other Promo Cards or other Dell gift cards of any kind. Use of multiple credit cards on top of the Promo Card to make a purchase may require you to redeem by phone rather than online and there may be a maximum number of cards that Dell will apply. Please contact Dell for further details.
Misuse of the Card
10. If we suspect misuse of the Promo Card, it may be suspended or terminated. We may cancel the Promo Card at any time, without notice. We may condition reimbursements upon return of the Promo Card. The Promo Card is the property of Dell.
Notice of Data Protection and Privacy
12. UNDER NO CIRCUMSTANCE WILL DELL, ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS OR DAMAGES IN RESPECT OF OR AS A RESULT OF THE DELL ADVANTAGE PROGRAM OR YOUR USE OR INABILITY TO USE THE PROMO CARD, FOR ANY AMOUNT GREATER THAN THE LESSER OF $100 OR THE AMOUNT OF THE PROMO CARD.