MyDish Gift Card Terms

1. Who these Terms are between, and what they cover

1.1

These Terms are between MyDish Logistics Ltd (“MDL”, “we”, “us”) and you.

MDL is a company registered in Nigeria under RC 1785427, with its registered office at 10 Rock Haven, Opposite St. Murumba College, Jos, Plateau State, Nigeria.

They apply to MyDish Gift Cards (“Gift Cards”) and to the Gift Credit created when a Gift Card is redeemed.

1.2

A Gift Card is a prepaid contractual entitlement to obtain food and delivery services through MDL’s own marketplace.

A Gift Card is not:

• cash;
• a bank deposit or bank balance;
• a general-purpose payment instrument;
• an investment;
• a transferable monetary account; or
• a facility for withdrawing money.

A Gift Card and Gift Credit cannot be exchanged for cash.

1.3

These Terms distinguish between:

(a) the Gift Card, being the prepaid entitlement purchased from MDL;

(b) redemption, being the exercise of that entitlement and the conversion of the Gift Card’s value into Gift Credit in an MDL account; and

(c) the underlying food or delivery order for which the Gift Credit is subsequently used.

Rights and remedies relating to one do not automatically extinguish rights and remedies relating to another.

The expiry or dormancy of a Gift Card or Gift Credit does not by itself remove any statutory right or valid claim arising from an underlying order.

2. The Purchaser and the Holder

2.1

Two persons may be involved with a Gift Card:

• the Purchaser, who purchases and pays MDL for the Gift Card; and
• the Holder, who redeems the Gift Card and receives its Gift Credit.

The Purchaser and Holder may be the same person.

Both may have consumer rights under applicable law in respect of the transaction or services supplied to them.

2.2

Before redemption, the Purchaser has the contractual rights relating to the Gift Card, including:

• access to the Gift Card code;
• replacement of a lost or unseen code, subject to these Terms; and
• refund of the unredeemed Gift Card in accordance with §8.1.

2.3

After redemption, the Holder has the contractual rights relating to the resulting Gift Credit, including:

• using the Gift Credit;
• protection of the Gift Credit upon account closure;
• recovery of dormant Gift Credit; and
• restoration of Gift Credit following a valid refund of an order paid with that Gift Credit.

Once redemption occurs, the Purchaser has no continuing contractual claim to the redeemed value merely because they originally purchased the Gift Card.

3. The Gift Cards

3.1

Gift Cards are sold at face value in four denominations:

There is no additional purchase fee and no promotional bonus attached to the face value.

3.2

The validity period begins when payment is confirmed.

The Gift Card’s end date and time are fixed at that point in Lagos time.

The end date does not change merely because the Gift Card is subsequently replaced.

Before payment, MDL will disclose the applicable validity period.

The exact end date will be displayed with the Gift Card.

3.3

The end date limits redemption of an unredeemed Gift Card.

Once redeemed, the resulting Gift Credit does not expire, subject only to the account-closure provisions in §10.

3.4

An unredeemed Gift Card that reaches its end date expires.

Upon expiry, the unredeemed value ceases to be contractually owed by MDL, except to the extent that a statutory right or remedy has independently accrued.

MDL will provide:

• a notice approximately 30 days before expiry; and
• a further notice approximately 7 days before expiry.

Notices will be sent to the Purchaser’s contact details held by MDL.

If the Purchaser cannot be reached, the Gift Card will nevertheless expire on its stated end date and MDL will retain a record of its attempted notices.

Expiry does not occur because an account is closed and does not occur because an underlying order is refunded.

4. Buying a Gift Card

4.1

A Purchaser must have a signed-in MyDish account to purchase a Gift Card.

Payment is processed through Paystack.

Before payment, MDL will present the material restrictions and conditions applicable to the Gift Card and will record the Purchaser’s acceptance of the applicable Terms.

4.2

For fraud-prevention and consumer-protection purposes:

(a) the Purchaser’s account must be at least 7 days old;

(b) the Purchaser’s first Gift Card may not exceed ₦20,000;

(c) the Purchaser may purchase no more than ₦100,000 in Gift Cards in one Lagos calendar day. An unfinished checkout may count toward that limit for one hour, and a payment of an incorrect amount may also count for the relevant period;

(d) a replacement Gift Card does not count toward the daily purchase limit; and

(e) a Gift Card of ₦50,000 or more is subject to MDL activation review under §4.4.

4.3

A Gift Card is issued only after Paystack confirms payment of exactly the Gift Card’s stated value.

If the amount confirmed is different:

• no Gift Card is issued;
• no Gift Card code is created;
• the payment is held for review; and
• MDL refunds the payment to the payment card or account used for the transaction.

MDL will maintain a record of the payment and its resolution.

4.4

A Gift Card of ₦50,000 or more cannot be redeemed until MDL activates it.

The review does not expire automatically.

Until activation or cancellation:

• the Gift Card remains pending review;
• the Purchaser may request a refund under §8.1; and
• MDL may apply reasonable fraud-prevention checks.

4.5

No Gift Card may be redeemed until 24 hours after payment is confirmed.

The waiting period exists to allow MDL to detect and address potentially fraudulent or reversed transactions before the value is used.

5. The Gift Card code

5.1

Each Gift Card has one redemption code.

The Purchaser is shown the code once when the paid Gift Card is first opened.

MDL retains only a securely scrambled form of the code and cannot recover the original code from that stored form.

MDL personnel cannot ordinarily read the original code from MDL’s stored records.

5.2

The Purchaser is responsible for keeping the code secure.

The code may be redeemed once.

The first person who successfully enters the valid code while signed in to a MyDish account receives the Gift Card’s value.

MDL does not require the identity of the Holder to be established before redemption.

Where an unauthorised redemption is reported, MDL may investigate and take reasonable corrective action where the circumstances establish that the redemption resulted from an error, security failure or other conduct for which MDL is responsible.

5.3

Before redemption, the Purchaser may give the code to another person as a gift.

After redemption, the resulting Gift Credit cannot be transferred to another person or account.

6. Lost or unseen code — replacement

6.1

The Purchaser may request a replacement where the Gift Card has not been redeemed and has not reached its end date.

6.2

A replacement:

(a) immediately cancels the previous code;

(b) retains the original Gift Card’s value;

(c) retains the original Gift Card’s end date;

(d) creates a new code;

(e) imposes a fresh 24-hour waiting period before redemption;

(f) remains subject to any outstanding activation review; and

(g) is recorded in the Gift Card’s history together with the original code record.

6.3

Only the Purchaser may request a replacement.

MDL will notify the Purchaser when the replacement is issued.

A replacement never extends the original validity period.

7. Redemption and Gift Credit

7.1

To redeem a Gift Card, the Holder must enter the code while signed in to a MyDish account.

At redemption, the Gift Card must:

• be active;
• have completed its applicable 24-hour waiting period; and
• not have reached its end date.

7.2

Upon successful redemption, the full value of the Gift Card becomes Gift Credit in the Holder’s MDL account and is recorded against that Gift Card.

A Gift Card may be redeemed only once.

The Purchaser will be informed that the Gift Card has been redeemed but will not be informed of the Holder’s identity.

7.3

Redeemed Gift Credit does not expire.

It remains available to the Holder until spent, subject only to §10 concerning account closure and dormant Gift Credit.

7.4

Gift Credit may be used for food and delivery ordered through MDL for the Holder’s own consumption, including a tip for the rider.

Gift Credit may not be used:

(a) for an order expressly sent by the Holder to another person as a gift; or

(b) for an order for which another person is paying.

7.5

Where an MDL account contains different forms of credit, the following order of application applies:

1. 1.promotional credit;
2. 2.Gift Credit; and
3. 3.credit purchased directly by the account holder.

Where Gift Credit derives from more than one Gift Card, the Gift Card redeemed earliest is used first.

Promotional credit does not pay a rider tip and is not applied to orders described in §7.4(a) or §7.4(b).

7.6

Gift Credit is not cash.

It:

• cannot be withdrawn to a bank account;
• cannot be exchanged for cash;
• cannot be transferred to another person or account;
• cannot be traded;
• earns no interest; and
• cannot otherwise be converted into money.

The reinstatement of dormant Gift Credit under §10.4 is not a transfer to another person. It is the restoration of the same person’s previously existing entitlement.

7.7

Promotional credit is separate from paid Gift Credit.

Promotional credit is provided by MDL without charge and may be subject to separate promotional terms, including different treatment upon account closure.

8. Refund of a Gift Card

8.1 Before redemption and before expiry

The Purchaser may request a refund of an unredeemed Gift Card at any time before:

• the Gift Card is redeemed; and
• the Gift Card reaches its end date.

The refund is made at the Gift Card’s full face value to the payment method used for its purchase, subject to the payment provider’s operational requirements.

The Purchaser may request the refund through MDL support at:

support@mydishlogistics.com

or through the WhatsApp support channel published on MDL’s website.

MDL will record the refund request, its date, the person who processed it and the outcome.

Once refunded, the Gift Card is cancelled and its code can no longer be redeemed.

8.2 After redemption

Once redeemed, the Purchaser cannot reclaim the Gift Card value merely because they were the original purchaser.

The value has become the Holder’s Gift Credit.

This does not affect:

• a valid refund of an underlying order under §9;
• a remedy required by applicable law; or
• the Holder’s rights under these Terms.

8.3

Nothing in these Terms excludes, limits or waives a consumer remedy or statutory right which applicable Nigerian law does not permit MDL to exclude or waive.

9. Refunds of orders paid with Gift Credit

9.1

Where an order paid with Gift Credit is validly refunded, the Gift Credit used for that order is restored as Gift Credit against the same Gift Card.

9.2

This remains the case even if the Holder’s MyDish account has subsequently been closed.

The restored value becomes dormant Gift Credit and may be recovered under §10.

MDL will not retain a refund which is otherwise due merely because the account was closed.

The refund relates to the underlying order and is therefore treated as an entitlement arising from that order rather than as a new Gift Card purchase.

9.3

Where an account has already been closed when an underlying order becomes refundable, MDL will record and preserve the refund entitlement and process it into the corresponding dormant Gift Credit record.

10. Account closure and Gift Credit

10.1

Closing a MyDish account does not cancel paid Gift Credit.

Upon account closure:

• ordinary account access and use cease; and
• unspent paid Gift Credit becomes dormant rather than being forfeited.

Dormant Gift Credit remains held for the person entitled to it.

10.2

Before an account is finally closed, MDL will display:

• the amount of the account’s Gift Credit balance; and
• a clear statement that the Gift Credit will no longer be available for ordinary use while the account remains closed but may be recovered.

MDL will record the balance shown, the disclosure made, the user’s confirmation and the time of closure.

10.3

For the limited purpose of recognising and administering a dormant Gift Credit claim after account closure, MDL may retain a keyed, one-way identifier derived from the telephone number associated with the account.

The identifier is not retained for general commercial use.

It is retained solely to enable MDL to recognise the person entitled to dormant Gift Credit and to prevent unauthorised recovery.

MDL will apply appropriate technical and organisational safeguards to this identifier.

The identifier and its processing are subject to MDL’s Privacy Policy and applicable data-protection law.

The Gift Credit balance itself remains recorded against the relevant Gift Card records and is not duplicated merely because the account is closed.

10.4 Recovery of dormant Gift Credit

A person seeking to recover dormant Gift Credit must:

1. 1.contact MDL support through the published support channels;
2. 2.demonstrate control of the telephone number associated with the former account through a one-time verification code; and
3. 3.provide any additional reasonable evidence MDL considers necessary in the circumstances.

MDL will assess each recovery request individually.

Where MDL is satisfied that the claimant is the person entitled to the dormant Gift Credit, MDL will reinstate the relevant Gift Credit to an MDL account held by that person.

MDL will not request more information than is reasonably necessary to establish entitlement and prevent fraud.

Dormant Gift Credit will not be reinstated while a payment dispute affecting the relevant Gift Card remains unresolved.

A particular dormant Gift Credit entitlement will be reinstated once, unless a further restoration is required because of an error by MDL or by applicable law.

10.5 Dormant Gift Credit does not expire

Dormant Gift Credit does not expire.

MDL has not imposed a time limit on its recovery.

If MDL introduces a future dormancy period, the change will:

• be separately stated;
• be objectively justified;
• provide a reasonable recovery period;
• be prominently disclosed;
• include advance notice and a defined final claim window; and
• apply only to Gift Credit that becomes dormant after the change takes effect.

No future dormancy rule will retrospectively extinguish dormant Gift Credit existing before the rule’s effective date.

11. Fraud, unauthorised use and payment reversals

11.1

MDL may apply reasonable security and fraud-prevention controls to Gift Cards.

These may include:

• account-age restrictions;
• purchase limits;
• activation review;
• payment verification;
• redemption waiting periods; and
• transaction monitoring.

11.2 Reporting a problem

If a Purchaser or Holder believes that a Gift Card or its code has been used without authorisation, the matter should be reported to MDL promptly through the available support channels.

MDL may investigate the matter and apply appropriate corrective measures where justified by the evidence and applicable law.

11.3 Disputed payment before redemption

If the payment used to purchase a Gift Card is reversed, charged back or disputed before redemption:

• MDL may immediately suspend or cancel the Gift Card;
• the code may be rendered invalid;
• the dispute will be recorded against the Gift Card; and
• the Gift Card will not be redeemed while the payment dispute remains unresolved.

If the dispute is ultimately resolved in MDL’s favour and the payment is returned to MDL, MDL will refund the Purchaser the Gift Card’s full face value through the payment method used for the original purchase.

A replacement Gift Card will not be issued in place of that refund.

If the dispute is resolved against MDL and the payment is returned to the Purchaser through the payment system, no additional refund from MDL is due in respect of that same payment.

11.4 Disputed payment after redemption

If the payment used to purchase a Gift Card is disputed after redemption:

(a) MDL may temporarily hold the unspent Gift Credit attributable to that Gift Card while the matter is investigated;

(b) MDL will tell the Holder the reason for the hold and the date on which the hold will end;

(c) the hold will not exceed 30 days;

(d) if the investigation clears the Holder, the Gift Credit will be released;

(e) if the 30-day period expires without a final determination, the Gift Credit will be released unless applicable law requires otherwise; and

(f) the Holder will not be required to repay MDL for food or delivery already validly supplied and paid for with the Gift Credit before the dispute arose.

MDL bears the commercial risk of value already properly consumed through its marketplace, subject to any legal right of recovery that may arise from fraud or unlawful conduct.

11.5

MDL will maintain a complete transactional history for each Gift Card, including, where applicable:

• purchase;
• payment confirmation;
• code creation;
• activation review;
• replacement;
• cancellation;
• refund;
• redemption;
• chargeback or payment dispute; and
• other material Gift Card events.

MDL will retain relevant timestamps and, for MDL’s own administrative actions, the responsible actor and reason for the action.

12. Complaints and redress

12.1

A Purchaser or Holder may complain about:

• a Gift Card;
• Gift Credit;
• redemption;
• expiry;
• refund;
• account closure;
• dormant credit;
• fraud controls; or
• any decision MDL makes concerning the Gift Card or Gift Credit.

A complaint may be submitted through:

support@mydishlogistics.com

or through the applicable support channel published by MDL.

MDL will record complaints and endeavour to provide a substantive response within 7 working days.

The 7-working-day response commitment does not prevent MDL from taking additional time where the nature of the matter reasonably requires investigation, third-party confirmation or regulatory input. MDL will keep the complainant appropriately informed in such circumstances.

12.2

A consumer may also refer a complaint to the Federal Competition and Consumer Protection Commission (FCCPC) in accordance with applicable law.

Nothing in these Terms limits a consumer’s right to seek redress from the FCCPC, another competent regulatory authority where applicable, or a court of competent jurisdiction.

13. Changes, governing law and contact

13.1 Changes to these Terms

MDL may amend these Terms for Gift Cards sold after the amendment takes effect.

The version of these Terms applicable when a Gift Card is purchased will continue to govern that Gift Card and the Gift Credit arising from it, except where a subsequent change is required by law or is otherwise lawfully applicable.

MDL will record the applicable Terms version against each Gift Card.

The version identifier will form part of the Gift Card’s permanent transactional record.

13.2 Effective date

These Terms take effect on the date on which counsel gives written approval of this final text, which date MDL will record as the effective date.

No Gift Card will be sold under these Terms before the effective date.

A Gift Card already validly redeemed under an earlier version will continue to be governed by the applicable earlier Terms except to the extent that applicable law requires otherwise.

13.3 Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Nigeria.

Nothing in these Terms excludes or restricts:

• a consumer’s right to refer a complaint to the FCCPC;
• a consumer’s right to approach another competent regulatory authority where applicable; or
• a consumer’s right to seek redress before a court of competent jurisdiction.

Nothing in these Terms is intended to waive or override a mandatory provision of Nigerian law.

13.4 Contact

For Gift Card support:

Email: support@mydishlogistics.com

WhatsApp: the WhatsApp support channel published on MDL’s website.

MDL’s registered office stated in §1.1 is its legal registered address and is not, by itself, a designated customer-support channel.

For personal-data rights and privacy matters, see MDL’s Privacy Policy.