Gift Card Terms & Conditions

 

INTRODUCTION

The Open College Gift Card is available in euro (€) only. The Card is not a credit card, or a charge card, nor is it a debit card linked to a current account. It is a prepaid card which means that money must be loaded onto the Card at the time of purchase. Once one Business Day has elapsed from the date of purchase, cardholders can use the Card to pay for purchases at The Open College. The Card is issued by The Open College and are subject to these terms and conditions. Certain limits apply to the Card. A maximum value of €1,000 may be loaded onto the Card at the time of purchase, and the minimum load value is €20. Only full €10 amounts (or multiples thereof) may be loaded onto the Card. Additional amounts may not be loaded onto the Card at any time. Certain fees and charges apply to the Card – see Clause 5 of these terms and conditions.

 

1. DEFINITIONS

“Agreement” means the agreement between you, us – The Open College, which includes these terms and conditions.

“Business Day” means any day from Monday to Friday excluding Irish bank or public holidays.

“Card” means The Open College Gift Card, a prepaid card denominated in euro, or any replacement card which we issue to you from time to time.

“Card Purchase” means any transaction whereby the Card is used to pay for goods and/or services at The Open College.

“You” (or “you”) and “Your” (or “your”) means the person who purchased the Card or the person in possession of the Card from time to time who has been gifted the Card by the purchaser.

 

2. CARD

2.1 The use of the Card is subject to the terms of this Agreement as may be varied by us from time to time. The current version of the terms and conditions is available at www.theopencollege.com. Usage of the Card constitutes your acceptance of these terms and conditions.

2.2 The Card will not be personalised. The Card is transferable by delivery. We will assume, unless otherwise advised, that the person using the Card is the rightful user of the Card.

2.3 The Card will normally be available for use within one Business Day from the date of purchase; the Card may not be used in the intervening period.

2.4 Please record your Card number or retain the purchase receipt as proof of purchase; the Card number will be needed to redeem your Card balance or if your Card is lost or stolen (see Clauses 9 and 10 of these terms and conditions).

2.5 You may use the Card, in accordance with any instructions issued by us from time to time, until the Card balance reaches zero, at which time this Agreement will automatically terminate. For further details phone us on 01-2061828.

2.6 The Card belongs to us. It must be returned to us (cut in half vertically) immediately upon request. We or any person acting on our behalf may retain the Card at any time without notice to you.

2.7 We may, at our discretion, block the use or operation of the Card in circumstances where;

(a) there is a reasonable suspicion of fraudulent activity on the Card; or

(b) there has been a breach of these terms and conditions by you.

Where the Card is so blocked, you will be advised as to how the block may be removed.

 

3. PROTECTING YOUR CARD

You must:

(a) treat the Card as if it were cash;

(b) take all reasonable care and precaution in the custody of the Card and ensure that the Card is not lost, mislaid or stolen;

(c) keep your transaction receipts safe and dispose of them carefully; and

(d) never give your Card number or any other Card information to anyone unless you know who they are and why they need them.

 

4. USING YOUR CARD

4.1 The Card may only be used at The Open College. The list of courses is available online at www.theopencollege.com; the list of courses available may change from time to time.

4.2 We will debit the amount of all Card Purchases to the Card at the time the transaction takes place. You must not use the Card to spend more than the Card balance at any time. If you attempt to spend more than the Card balance your transaction will be declined.

4.3 You must not use the card: if

(a) you have reported the card lost or stolen; or

(b) after any notification of its withdrawal is given to you; or

(c) once the Card balance reaches zero;

4.4 You cannot stop a Card Purchase after it has been authorised.

4.5 We will not issue Card statements. You are responsible for monitoring your Card balance and for ensuring that there are sufficient funds on the Card at all times to pay for Card Purchases.

4.6 If at any time you believe that a Card Purchase has been incorrectly debited to your Card you must notify The Open College immediately by calling (01) 2061828 and in any event within thirteen months of the date of the Card Purchase. If requested, you must put your query in writing. In the absence of any fraud or gross negligence on your part, The Open College will immediately refund the amount of any such incorrectly debited Card Purchase to your Card.

4.7 If the amount of a purchase which you wish to make using your Card is greater than the available balance, you can pay the difference by another payment method.

 

5. FEES AND CHARGES

5.1 The amounts of fees and charges and details of when they will be payable are set out in the table above. The Issuance Fee, or the Postage and Packing fee for internet purchases, must be paid separately at the time of purchase of the Card; all other fees and charges will be debited directly to the Card as they arise.

5.2 The Issuance Fee will be payable to The Open College as the Card issuer.

Type of Transaction Amount of Fee
  Issuance Fee  Nil
  Postage & Packing fee for internet Card purchases. €2.50 for orders over 10 cards.
  Card Replacement Fee (if the Card is lost, stolen or not useable and we issue a replacement Card at your request). €5 per Card.

 

6. CHANGES

6.1 We reserve the right at all times to introduce new Terms and Conditions, or fees or charges, or to vary or amend the existing Terms and Conditions, or fees or charges, by giving you two months notice thereof by whatever means we, in accordance with applicable legislation, deem appropriate, in which circumstances you shall be free to cancel this Agreement, In such circumstances the Redemption Fee will not apply. In the absence of any prior notice to the contrary, you will be deemed to have accepted such revised Terms and Conditions with effect from their notified effective date.

 

7. RESTRICTIONS ON USE OF THE CARD

7.1 The following Card limits will apply: Minimum Load Amount – €20   Maximum Load Amount – €1,000

7.2 If at any time:

(i) you are in breach of any of the terms of this Agreement; or

(ii) we have reasonable grounds to suspect fraud, theft or dishonesty; we will be entitled to take such steps as we consider reasonably necessary to restrict your right to use the Card, which, without limitation, shall include, without prior notice to you, refusal to authorise a Card Purchase, suspension, withdrawal or cancellation of your Card.

 

8. RESTRICTED TRANSACTIONS

8.1 The Card can be used for Card Purchases in The Open College in Ireland only. The Card may not be used abroad.

8.2 The Card cannot be used in automated teller machines (“ATMs”) to obtain cash.

8.3 The Card may only be used to purchase goods or services by telephone or online.

 

9. REDEMPTION

9.1 You may at up to 7 days after card purchase request us to repay to you any balance on the Card by calling The Open College on (01) 2061828 and quoting the Card number. You must not use your Card after you ask us to repay the balance to you. In order to allow any outstanding Card Purchases to clear, The Open College will refund the balance to you, via cash, cheque or a bank draft, less any applicable fees (see Clause 5), within 30 Business Days of receipt of such a request.

 

10. THEFT, LOSS OR MISUSE OF CARD

10.1 You should treat the Card as if it were cash. If the Card is lost, stolen, damaged or fails to operate correctly or if the Card number becomes known to any unauthorised person you must immediately notify Customer Services (details below). You must quote the Card number; if you do not quote the Card number we will not be able to cancel the Card or issue a replacement Card under Clause.

10.2 If your notification is made orally it must be confirmed in writing within fourteen days. Until we receive such notification from you, you will remain liable for any debit to or use of the Card. You shall not be liable for any transactions carried out after you have notified us of the loss or theft of the Card. Once notification has been given in accordance with this Clause 10 you must not use the Card. Notification Under This Condition Should Be Made To: The Open College, The Learning Centre, Leopardstown, Dublin 18, Telephone: (01) 2061828.

10.2 Following notification under Clause 10.1, if there is a credit balance on the Card, we will cancel the original Card and The Open College will send a replacement Card (with the appropriate credit loaded on to the replacement Card) to you at the address nominated by you. We cannot issue a replacement Card if you cannot tell us the original Card number. To allow for the processing of any pending Card Purchases, we will wait twenty Business Days prior to issuing any replacement Card.  A fee will be payable to The Open College for any replacement Card in accordance with Clause 5 above. The amount of this fee will be deducted from the balance on the replacement Card.

10.3 If you subsequently find the original Card, you must notify The Open College immediately, and you must not use the original Card.

 

11. PARTICIPATING COURSES

11.1 All courses listed on TheOpenCollege.com are available for use with our Giftcards. The Open College Giftcard is not transferrable to other sister colleges.

 

12. GENERAL

12.1 The Open College will not be liable for any delay or failure in performing any of its obligations in respect of the use of the Card where such delay or failure occurs because of any circumstances beyond our reasonable control.

12.2 The books and records kept by The Open College shall, in the absence of an obvious error, constitute sufficient evidence of any facts or events relied upon by The Open College in connection with any Card Purchase or matter or dealing in relation to the Card.

12.3 The Open College will not disclose any details of the Card to any person acting as its agent in connection with the use or issue of the Card.

12.4 This Agreement shall be governed by and interpreted in accordance with Irish law. The Courts of Ireland shall have exclusive jurisdiction in relation to hearing any disputes that may arise in connection with this Agreement.

12.5 All communications under this Agreement will be in English.

12.6 The Open College may record or monitor phone calls with you for training purposes, to enable instructions to be verified and to assess whether our service standards are being met.

12.7 The Open College Giftcard is only valid for a maximum of 2 years from date of Purchase. All cards older then 2 years will be made null & void.

 

13. COMPLAINTS

If you are not satisfied with any aspect of the service offered, please contact Customer Services on (01) 2061828 or write to Customer Services at The Open College, The Learning Centre, Ballyogan Road, Dublin 18. They will be pleased to help and explain the complaints procedure in more detail. A copy of the Complaints Procedure is available upon request. The Open College will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, The Open College will write to you within 5 Business Days to acknowledge receipt of your complaint and tell you how long it might be before your complaint is resolved.

Effective date November 2013.