Terms and Conditions

2. The Gift Card and Top-Up Products

GiftCards.digital is an electronic commerce platform specialized in the resale of closed-loop gift cards, vouchers and phone top-ups (“Product” or “Products”), of fixed or variable amounts, in different currencies, that can be redeemed by the Customer at the issuer’s store, in exchange for services and products offered by such issuer.

GiftCards.digital offers different Products depending on the Customer’s country. GiftCards.digital allows the Customer to select their country and displays all the offers available in that country. GiftCards.digital does not guarantee that a Product purchased from one country page will work when used in a different country and therefore strongly advises Customers to read the terms and conditions of each particular Product.

Although we strive to present updated terms and conditions for all products, we do not make any representation in that regard. You should confirm the applicable terms and conditions of the Product you are purchasing from us directly on the website of the issuer of each product.

Some Products sold are geographically limited to certain countries. In these cases, if you are attempting to purchase from a country that is not allowed by a Product’s terms and conditions, such a purchase will not be possible.

If you circumvent our geoblocking systems to acquire a Product that is not available in your country, you are violating these Terms and Conditions and we may suspend or remove your account. We are also not liable for any redemption issues you may find, and we will not provide a refund in those cases.

Upon selection and payment, the Customer will receive access to the Product either on screen or by email to their email account.

Products can be delivered as sealed or unsealed. Products are delivered as sealed by default. The Customer may change this setting on their account.

A sealed Product is essentially a right to claim a Product at a later stage. This allows Customers to safely preserve the Product until the moment of redemption (which allows, for example, to benefit from a longer expiry date; or to ensure that no one had access to the code, thereby risking its value). To the extent that receiving a sealed Product does not render the Product unusable, a sealed Product may also be exchanged or refunded – see below “Refunds”. An unsealed Product is the Product as issued by the third-party issuer, ready to use, with the alphanumeric code visible to you and (when applicable) an ongoing expiry date. Orders are processed immediately and the Products are delivered (sealed or unsealed) either immediately or within a few minutes of receiving a successful payment, depending on the Product purchased. There can be delays that are outside of our control, such as, but not limited to: (i) force majeure; (ii) unexpected outages; (iii) failure to send a correct payment.

GiftCards.digital will endeavour to keep expected timescales transparent, but shall not be held responsible for delays and losses caused by the Customer or third parties.

In case your Product does not arrive within 30 minutes of successful payment, please contact [email protected].

Your use of the Gift Card and Top-Up products is continuously monitored to ensure the safety and regulatory compliance of GiftCards.digital’s platform. Suspicious transactions will be reported to competent authorities and you may be required at any time to complete a KYC program to continue to use these services.

Without prejudice to any other rights that GiftCards.digital may have under applicable law, to the extent that it is necessary: (i) to assist with our fraud and abuse detection and prevention efforts, (ii) to comply with court orders against you and applicable laws, rules and regulations, (iii) to comply with requests of law enforcement, including subpoena requests, (iv) to comply with any dispute resolution process, (v) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vi) to avoid any civil or criminal liability on the part of GiftCards.digital, its officers, directors, employees and agents, as well as GiftCards.digital’s affiliates, GiftCards.digital reserves the right, in its sole and absolute discretion, to deny, cancel, suspend, delay or limit fulfillment of any purchase order made by you, even after your payment has been made in respect of such purchase order, in case: (i) you are in breach of this or any other Agreement or any of GiftCards.digital’s policies, (ii) you otherwise engage or have engaged in inappropriate or unlawful activity while using the Products or Services (as determined by GiftCards.digital in its sole and absolute discretion), or (iii) GiftCards.digital has previously fulfilled an order made by you, and the corresponding payment has been disputed on grounds of suspected fraudulent activity, resulting in a chargeback procedure being initiated (and not yet being resolved) in respect of such previous payments made by you.

3. The Bill Payment Products

At GiftCards.digital, Customers residing in certain countries may have access to Bill Payment Products, provided in connection with different partners per jurisdiction, as specified below. The Bill Payment Products terms and conditions below are applicable in addition to these Terms.

Access to certain Bill Payment Products in certain jurisdictions may be reserved to Customers with verified accounts (Level 3 and 4).

Please note that, unless otherwise mentioned in the specific bill payment service you are accessing, payment of bills is not immediate and may take some time to confirm.

The Bill Payment Products are provided to Customers by partners authorized to conduct those activities in the respective jurisdiction, as described below.

4. Other products

GiftCards.digital may, from time to time, and in partnership with other providers, offer products other than the gift card and top-up Products or the Bill Payment Products described above.

5. The payment

The Products can be purchased by the Customer either (i) directly with a cryptocurrency, (ii) via a third-party payment provider, in either fiat (when available) or cryptocurrency.

Our available payment methods are offered solely for your convenience and are subject to availability. We may charge a service fee, which will be transparently disclosed during check-out and before payment.

We reserve the right to update, restrict, suspend, or discontinue payment methods at any time without prior notice, and to change or discount the amount of the additional service fee.

Payment with crypto

Customers may choose to pay directly with one of the cryptocurrencies accepted at the time of purchase by GiftCards.digital or by using a third-party crypto payment service that is available at check-out. These payments may be subject to fees and confirmation time, as stated in GiftCards.digital or in the terms and conditions of such third-party providers.

If you attempt to pay directly with an unsupported coin, or using an unsupported network, we will not be able to refund you and your funds will be lost.

Payment with fiat

If the option is available from time to time, Customers may also choose to pay with fiat using any payment method available at checkout. Such payments are processed by a third-party provider, identified on the payment page, whose terms and conditions apply. GiftCards.digital does not have access to your full card payment details, which are inserted by you directly into the secure payment gateway of the third-party provider.

6. Availability of Third-Party Services

The proper functioning of GiftCards.digital depends on its interaction with several third-party providers.

Transactions may, from time to time, fail due to technical or other reasons. Customers, therefore, acknowledge that we may not be liable for a technical issue that may affect their transaction. Whenever a transaction fails due to technical reasons, a Customer may qualify for a refund. Please see the “Refunds” section below to know more.

7. Limitations of use

We implement certain purchasing thresholds in accordance with our Anti-Money Laundering Policy, depending on the level of account of the Customer. All limits are presented in USD but apply to the equivalent amount in other currencies. Different limits can be implemented on a product by product, or customer by customer, basis, at the request of Product Issuers or discretionarily by us.

Any Customer using more than one GiftCards.digital account, or any other expedient, in order to circumvent the limits below, is in breach of these Terms and can have its account, or accounts, suspended until customer due diligence is successfully completed. Customers must not share GiftCards.digital accounts.

To the extent necessary under applicable laws and regulations or our internal policies, such illegal circumvention of the use limitations may be reported to the relevant authorities, whenever it reveals, in our sole understanding, signs of suspicious activity.

8. Refunds

Please note that due to the nature of the Products, the Customer does not have a cooling-off period of any kind after acquiring an unsealed Product or after unsealing a sealed Product. Once a Product is unsealed, no refunds or reimbursements will be offered unless in the cases where the product delivered is invalid or had already been redeemed prior to delivery. If this is not your case, and your Product is unsealed, we will not issue a refund.

As explained above in “Availability of Third-Party Services”, the purchase of Products through GiftCards.digital depends on the proper functioning of third-party systems.

Therefore, from time to time, the failure of such systems may cause a transaction to fail, meaning:

• The Customer did not receive the Product;
• The Product was received, but cannot be redeemed on account of it having been previously redeemed; or
• The Product was received, but cannot be redeemed on account of it not being valid.

In these cases, the Customer qualifies for a refund.

In case the Customer does not receive the Product after having paid and appropriate diligences are taken by GiftCards.digital to provide for the delivery of the Product or understand the cause of the delay, the Customer may request a refund.

In case the Product was received but cannot be redeemed, the Customer shall inform us. We will then start appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party provider fail to correct the issue and agree to refund us, we will then refund the Customer.

In case of technical error causing the Product not to be delivered to the Customer, we will refund the Customer in full by crediting its GiftCards.digital Store Credits or with a return transaction in the same cryptocurrency.

In case of overpayment, a Customer may also request a refund in the amount paid in excess, deducted from any transaction fees.

In case of underpayment, a Customer may (i) pay the outstanding amount and receive the Product, (ii) ask for a refund in the same cryptocurrency to the same wallet, deducted from any transactions fees or (iii) ask for a refund in their GiftCards.digital Store Credits.

In case of balances exceeding the applicable limit a refund will be issued to a Customer upon mandatory identity verification of the account holder. Refusal to conduct verification may lead to GiftCards.digital freezing the account and any remaining credit until such verification is completed.

Customer verification may also be demanded in order to process exceptional refunds or in situations where GiftCards.digital deems it necessary for compliance reasons.

If you qualify for a refund (either because your Product is sealed, malfunctioning, or you overpaid or underpaid), you must request it  within 30 days from the date of the transaction. After 30 days, the decision to issue a refund or not is made at the sole discretion of GiftCards.digital. Refunds requested after 30 days will be made in the form of a GiftCards.digital Gift Card in the amount of the refund.

Please note that we do not, in any event, refund any transaction fees paid by the Customer that are specific to the payment option selected by the Customer.

We reserve the right to refuse refunds when the costs of refunding exceed the amount to be refunded. The amount of time required to process any refunds request will vary and may take some time.

We also reserve the right to ask you for further information before issuing refunds.

For the purposes of requesting a refund or any further information, the Customer shall contact [email protected]  or use the chat available at GiftCards.digital.

9. Disclaimers related to the Product

We are a reseller of the Product. We are not the creator, designer, issuer, organizer, beneficiary or manager of the Product (the “Issuer”), nor have we played any role in deciding the terms and conditions applicable to each Product. Therefore, we are not liable for any issue, damage or loss arising from the terms and conditions of each individual Product.

We are not sponsored by any Issuer, nor are we related, acting on behalf or under the express authorisation of any Issuer. We are not liable for any malfunction or any infringement of applicable rules caused by the Issuer.

The Customer, by acquiring the Product, is also entering  into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defences and rights arising from the relationship between Customer and Issuer shall not apply.

The Customer shall engage in adequate due diligence regarding the terms and conditions of the Product being acquired, in what respects its usability and enforcement against the Issuer. We will not accept any liability for any claims in relation thereto. Those terms and conditions govern the Product acquired.

Customers acknowledge and agree that we are not liable for any decision or policy of the Issuer to refuse to accept the Product on the grounds of the terms and conditions that the Issuer applies in relation to the Product.

We make no representation regarding the Product’s suitability for its intended use and make no other guarantees, warranties or representations in respect of the Product.

10. Product review

If you wish to submit a claim relating to a Product, you may do so in accordance with and subject to the terms and conditions set forth in our Product Review Policy. All claims will be reviewed and processed in line with the procedures, limitations, and requirements outlined therein.

11. Responsibility of the Customer

The Customer is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the Product, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements.

For the avoidance of doubt, when the Product being purchased is a refill of a prepaid SIM card (or any other Product that is redeemed by the Customer through GiftCards.digital), the Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the phone number, the country, the network operator and the amount of the top-up) and we shall not be liable, in any case, for any consequences arising from the inaccuracy of the elements provided by the Customer.

Likewise, in other cases, the Customer is solely responsible for the accuracy, validity and correctness of the information inserted on the platform (including, but not limited to, the email address to which the Product must be delivered and the amount purchased).

The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. Each customer must have unique login credentials that may not be shared by multiple customers.

We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you suspect there has been unauthorized access to your account, contact [email protected] immediately.

12. Unlawful use

GiftCards.digital and the Products shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behavior is absolutely forbidden on GiftCards.digital.

Should we become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice.

Any Customer hereby acknowledges and consents to this approach and to any such disclosures.

GiftCards.digital is also entitled to freeze any existing balances and/or accounts for as long as needed for the purpose of investigating suspicious behavior. We may be required to not disclose any such ongoing investigations to Customers, in which case we will keep them confidential. Any store credit held in GiftCards.digital Store Credits that is found to have been paid with proceedings of crime may be seized and delivered to legal authorities.

Customers are intended end-users of the Products. If you want to purchase Products for resale, please reach out to us at [email protected] and we will guide you through the process. If we suspect you are buying Products for resale, we may freeze your account until you verify as a Corporate Customer.

Furthermore, Customers agree to  not abuse the GiftCards.digital platform by:

• engaging in actions which impose an unreasonable or disproportionately large load on our infrastructure;
• employing uses of robots, spider or other automated means to access, or when accessing, GiftCards.digital;
• interfering with, intercepting, modifying or expropriating any system, data, or information from GiftCards.digital serves;
• transmitting or uploading any material that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
• attempting to gain unauthorized access to the GiftCards.digital Products, other GiftCards.digital accounts, computer systems, or networks connected to the GiftCards.digital servers through password mining or any other means.

13. Re-sale

Unless expressly agreed in a contract between GiftCards.digital and the Customer, Products purchased through GiftCards.digital may not be re-sold and shall be redeemed only either by the Customer, on the Customer’s behalf or by someone to whom the Customer has gifted the Product.

14. Limitation of Liability

Some jurisdictions limit the ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Our team.

No members of our team (including employees, contractors, directors, management members and other collaborators) shall have any liability based upon customer’s use of, or reliance upon, GiftCards.digital or the Products purchased.

Customer decisions.

For the avoidance of doubt, we are not responsible for any decision you make, or action you take, based on your visit to GiftCards.digital or the information obtained therein.

Accuracy of information.

We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on GiftCards.digital.

Security.

We work hard to keep GiftCards.digital secure. We accept no responsibility whatsoever for viruses, malware or other malicious or damaging software on Customer’s devices. Please ensure that your own computer security is comprehensive and up to date.

Third-party content.

This website may include links to third-party websites, plug-ins and applications. For example: if we link you to a tweet on Twitter, or to a post on Medium, or to the Terms & Conditions page of one of the Issuers of the Products, from the moment you click on that link, we are no longer responsible for the content you are seeing or have access to. We do not control these third-party websites and do not accept any responsibility whatsoever for third-party sites available through GiftCards.digital, via hyperlink or otherwise, nor their respective contents, hyperlinks or security flaws. We encourage any Customer to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at the Customer’s own risk.

15. Personal Data Protection and System security

We take the privacy and protection of the personal data of our Customers very seriously.

Customers shall visit and review our Privacy Policy to know more about how we process and protect their personal data. Do not proceed with using GiftCards.digital if you do not agree and consent with it.

We require that Customers keep their personal data up to date. You are required to notify us without delay of any changes of your personal data.

GiftCards.digital follows industry best practices for security and availability. This includes automated vulnerability detection, high availability cloud platforms (aiming for at least 99,99%), automated alert reporting and peer review of code changes. We also run a bug bounty program. Please e-mail [email protected] should you wish to know more and/or participate.

16. Amendments to the Terms

We reserve the right to amend these Terms from time to time, to add, amend or remove provisions. We may do so without prior and/or public notice.

The date of the last amendment will be presented prominently on the top of this page and Customers agree to refer to the present hyperlink before each navigation of GiftCards.digital and before completing a transaction.

17. Intellectual Property

We reserve all rights with respect to the design and content of GiftCards.digital. In particular, Customer must not misappropriate the design or content of GiftCards.digital and must not alter or deface such design or content in any way. Nothing on GiftCards.digital grants any license with respect to such design or content and any use by the Customer or a third-party must be authorized in writing by us.

All text, photos, graphics, logos, content and other materials on GiftCards.digital (including, but not limited to, the words “Airfill” and “GiftCards.digital”, the “GiftCards.digital” logo and other related and ancillary elements) are protected by copyright, trademark and other applicable laws in the several jurisdictions where we act. In particular, all trademarks, trade names and logos displayed on GiftCards.digital are our property.

GiftCards.digital grants no license to use any such text, photos, graphics, logos, content and other materials.

We and our affiliates will pursue all available legal remedies against any infringement of our intellectual property rights.

Excepted from the foregoing are the logos and trademarks used to signal the third-party providers to which each Product refer to. Such logos and trademarks are used to make reference to the Product and the Issuer, and in no way are we claiming, or representing, any sort of ownership, license, authorization, partnership or agreement with the owners or holders of the rights of such logos or trademarks, the Products or the Issuers. Such logos and trademarks belong to their lawful owners and are used in GiftCards.digital with the sole purpose of identifying the origin or intended use of the Product on sale.

18. Customer service

We welcome our Customer’s questions and suggestions.

On GiftCards.digital, there is a chat function that allows Customers to connect with a customer service representative that will reply to any queries in the shortest time possible.

We do our best to reply within the first 24 hours, but we may take longer, depending on the issue and the number of requests we are getting from time to time.

In case the Customer, for any reason. needs to get in contact with us, please use the following address – [email protected].