Terms and Conditions
Terms and Conditions
These Terms and Conditions may be amended occasionally, at our discretion. They were last amended on 4th April 2020.
Unless the context requires otherwise, the following terms shall have the following meanings in these Terms and Conditions:
- "user" means any person, persons or company who have gone on to use or explore Gift Off.
- "digital currency" means a digital medium of exchange, the first of which to begin trading was bitcoin.
- "Gift Off" means including our parent, subsidiaries, affiliates, officers, directors, agents and employees and any sub-service.
- "service" means the advertised and intended operations of Gift Off.
- "site" means the website and online presence of Gift Off.
- "staff member" means an employee or contractor of Gift Off.
- "we”, “us”, “our" means Gift Off.
- "you", “your” means the individual or person acting on behalf of a company.
Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow or permit in that thing being done.
Please read this page carefully as these Terms and Conditions are a legally binding agreement between you and Gift Off. You may only use Gift Off under these Terms and Conditions and by using the service you are deemed to accept them. If you do not agree to these Terms and Conditions, do not make any purchases from Gift Off.
Gift Off reserves the right to change, add, modify or remove part or all of these Terms and Conditions at any time.
Whilst much effort has been made to cover all facets of the Gift Off service within these Terms and Conditions it is expected that standard e-commerce and digital currency practices must be followed and each individual or company is expected to act in accordance with UK Law.
You may wish to make enquiries about these terms and conditions and you may do so via our contact page.
What is Gift Off?
Gift Off is a website that facilitates the buying of digital gift cards using valid, UK credit/debit cards and digital currencies from third-party merchants.
In using the service you must at all times:
- be able to enter into a legal contract
- be at least thirteen (13) years of age
- use only a valid email address that is your own
- register for one account and ensure that all information provided is true, accurate and not misleading
- maintain the security of your account and accept all risks of unauthorised access to your account and promptly notify us if you discover or suspect your account has been subject to unauthorised use.
Right of Gift Off
- All information and content on the site remains the copyright of Gift Off. You may not copy, modify or distribute this content.
- The information and/or content on the site is the property of Gift Off and users are not permitted to distribute, download, store, spam or abuse any data obtained from the site.
- Gift Off may, without any notice, act to:
- terminate, delay, suspend, alter or completely remove the service or any part thereof.
- delay or interrupt the service for such time as is necessary and for any reason related to the business operations of Gift Off.
- take legal and/or technical steps to remove any user entirely from the site if we deem it to be true that the user is, or has, engaged in activities contrary to any of these Terms and Conditions.
- We shall not be held responsible for any loss any user may incur as a result of using the service.
- Any data transferred from users may be scanned, filtered or monitored. The user is responsible for any communication or actions from your personal email address.
Abuse of the Gift Off service and/or interface
While we will do our utmost to remove out-of-date information from the site, we cannot accept any responsibility for any information on any webpage that is not accurate or is not up-to-date.
You agree, as a user, that you will not, in a group or by yourself, authorise, employ, knowingly allow or solicit:
- a robot, spider or other automated means to access Gift Off.
- an action, which imposes unnecessary loads on our technical infrastructure. Gift Off holds the authority to define the extent of this action.
- any action, which removes, modifies or deletes any data from the Gift Off servers outside intended means to do so by the service options.
- any actions, which copies, reproduces or modifies works from or publicly display any content from Gift Off without permission from Gift Off.
- any unauthorised third party tool that interferes in any way with the service and hinders any user experience.
- any activity, which attempts to, or is capable of, bypassing the security measures we may implement to prevent or restrict access to the site.
- The site allows users to share personal information with us
- Gift Off will use its reasonable endeavours to keep your personal data private and secure
- Gift Off accepts no liability for any form of obtrusive, illegal, unintended, hacked activity that ultimately leads to the release of personal data.
General liability understanding
In addition and not replacing any other release from and/or limitation of liability under these Terms and Conditions, Gift Off will not be liable for:
- any actions by users, which do not represent the service and our brand
- any fraudulent items sold via the service
- any review, statistic or calculation that is not factually representative. Any third-party service, e.g. payment, where Gift Off has no control.
- any falsity in user-provided personal information
- any business losses, such as loss of data, revenue, reputation, profits, or business interruption or for any losses which were not foreseeable by us, arising out of a user's inability to use services
- any failure on Gift Off’s behalf to act immediately, or in reasonable time, to a breach by you, or others, does not waive our right to act with respect to subsequent or similar breaches.
Gift Off may place any form of advertisements at any place on the site.
Third Party Links
Gift Off may become integrated closely with social networking websites including Facebook and Twitter and Gift Off does not accept any responsibility and/or liability for any loss or damage which could occur from your use of any social networking site.
All users are deemed to accept and understand that access to any third party website is entirely at their own risk.
Third Party rights
Any person who isn't adhering to these Terms and Conditions has no right under the contracts (Rights of Third Parties) Act 1999 ("act") to enforce any term of them, but this doesn't affect any right or remedy of a third-party specified in them, or, which exists, or is available apart from the act.
Events beyond our control
Neither party shall be liable to the other for any failure to perform any obligation, which follows an event beyond the control of either party including, but not limited to, any man-made eventuality outside of our control, Act of God, terrorism, war, political insurgence, riot, act of civil or military authority, uprising, flood or any other natural occurence or, which causes the termination of an agreement or contract entered into. Any party affected by such events shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any agreement contained herein.
The laws of England and Wales govern these Terms and Conditions and through accessing this website and using Gift Off's services you consent to these terms and to the exclusive jurisdiction of the English courts in all disputes, which may arise. If any of these terms are thought not to be valid or enforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will remain applicable.
- You should take the time to read through and understand all policies, including, but not limited to, delivery time and merchant individual Terms and Conditions and our returns policy before committing to an order.
- In the interest of keeping your digital currencies secure at all times we recommend that you should move any personal digital currencies you own to a wallet on your computer hdd, cloud and external hdd. This is what we consider to be the minimum amount of security for your digital currencies and it is recommended that you add a secure password to any personal wallets.
- Your point of contact regarding an order, before and after any sale is Gift Off. If necessary, Gift Off will provide sufficient contact information to ask questions or to seek further advice.
- Any support queries should be placed through Gift Off customer services for which the contactable hours are Monday - Friday, 9am - 6pm, excluding bank holidays and we aim to get back to any support requests within 24 hours or as soon as possible.
- Gift Off accepts payment from valid, UK credit or debit cards and digital currencies.
- Digital currency rates are based on, and calculated using, well-known, reliable industry exchange rates all of which are subject to fluctuations in price.
- The user is deemed to agree to all conversion rates when the purchase is confirmed after clearly seeing digital currency invoices prior to the sale being made.
- We have the right to cancel the participation in the relevant purchase at any time and the user will not be able to have further participation from the point of cancellation.
- Once the order is placed, you have fully committed to your purchase and this can only be reversed at the discretion of Gift Off.
- When a user buys through Gift Off, the digital currency payment is to be made by the customer in accordance with the exchange rates set out by Gift Off.
- When payment is completed, the gift card or code for the order is made available to the user through the user dashboard. Orders are processed immediately, where possible, but can take up to 72 hours to arrive, depending on the merchant, their terms and conditions or availability of the gift card. Gift Off will endeavour to keep expected timescales transparent, but shall not be held responsible for delays and losses associated to the user.
- All Gift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order.
- When making a purchase on the website, Gift Off accepts payment by valid, UK credit and debit cards and digital currencies. The total cost of the gift card will be billed in full at the time you purchase and Gift Off provides the gift card.
- By making the purchase, you acknowledge that you are authorised to use the credit or debit card or other payment method and you authorise us to charge your purchase order to that credit or debit card or other digital wallet.
- When you provide your payment information, you authorise us (or a third-party payment processor) to process and store your payment and related information.
- In the event that the credit or debit card or other payment method you authorise cannot be verified, is invalid or not otherwise acceptable, we may suspend or cancel your order automatically.
- Credit or debit card processing fees may apply even if the credit or debit card has expired or changed by the time Gift Off submits the charges.
- GO Points is a rewards scheme that allows a Gift Off user to earn loyalty points and apply them to receive discounts on future purchases.
- Gift Off users are automatically enrolled to participate in the GO Points program, although we reserve the right to limit participation at our discretion.
- You can earn GO Points each time you purchase selected gift cards or by taking other actions such as participating in selected competitions. The option to earn GO Points will be clearly stated when applicable.
- We will update your points balance each time points are earned, which you can view by logging into your online account and going to your dashboard. If we post points to your account for any activity that is subsequently cancelled or voided, we will remove those Points from your account.
- The Points you earn may be applied towards future purchases of eligible gift cards. Eligible gift cards may change.
- Points can’t be purchased, resold, transferred, redeemed for cash or added to another user’s account. We may limit the number of points you can use or earn within certain timeframes or apply other restrictions on the receipt or use of points.
- GO Points expire after one year and will be automatically removed from your total GO Points once they reach their expiration date.
- Points are earned after the transaction is completed and cannot be used on the current transaction.
- We reserve the right to suspend or terminate your participation in the GO Points program, and your access to the points in your account, if you violate these Terms and Conditions. If we determine that you obtained points fraudulently or used fraudulently-obtained points, we may remove those points and terminate or suspend your Gift Off account.
- We may suspend, change or terminate the GO Points program at any time and at our discretion. At the point of termination of the program, unused Points will automatically expire.
- The Gift Off users are extremely important to our business and therefore, security is of the utmost importance to us. We will endeavour to implement our highest standards. Despite this, Gift Off accepts no responsibility and/or liability for any problems, fees, security issues, losses or damages arising in connection with or out of any third-party API, service or application.
Refund/Return statement for customers
- Gift cards are non-refundable once the order has been completed or redeemed.
- No refunds shall be offered where a service is deemed to have begun and is, for all intents and purposes, underway.
- If a gift card does not function, we may, at our discretion, either refund you the gift card purchase amount or replace the defective gift card with an alternative gift card. Please note that by default refunds are executed based on the fiat amount, not the BTC amount using the Bitpay BBB at the time of refund.
Sending you emails
Gift Off will email you at important stages of your journey throughout a purchase. These stages include: when you place an order, when the payment is completed and when the order is completed and the final order details are made available in the dashboard. Your email address will also be added to our mailing list.
You should note that merchants will have a separate set of Terms and Conditions to Gift Off. You must also understand that the merchant will also add their own Terms and Conditions to the purchase and it is your duty to fully understand them.
Gift Off users vs merchant agreement
It should be understood at all times whilst using service that the consequent contract for purchase is between the Gift Off users and the merchant. Gift Off acts as facilitator of the sale only.
Your statutory consumer rights are unaffected.
Competition Terms and Conditions
About these terms and conditions
- These are general terms and conditions that apply to all competitions hosted by Gift Off. There may also be specific terms and conditions, which will be clearly stated on promotional materials. These general terms and any specific terms, shall be construed in accordance with and governed by the laws of England and Wales.
- Specific terms and conditions of a competition, if they conflict with those outlined here, will take precedence.
- You agree to be legally bound by the general and specific terms when you enter a competition run by Gift Off.
- These terms and conditions may change from time-to-time. Always check our website before entering one of our competitions to ensure you are aware of any changes. Terms apply from the date they are updated on our website.
- If the competition is unable to run as planned for reasons such as technical failures, tampering, fraud or any other reasons beyond our control, we may cancel, modify or alter the competition, or disqualify anyone deemed to have caused the problems experienced.
- Please feel free to write to us if you have any questions or concerns about any of our competitions: Digital Gap Ltd, The Union Building, 51-59 Rose Lane, Norwich, NR1 1BY.
- Competitions are open to all UK and EU residents unless otherwise stated.
- We have the right to decide whether someone meets the eligibility criteria for a competition and may request evidence to support this, from entrants before a prize is awarded.
- Gift Off employees and their immediate family are not eligible for entry into any Gift Off competitions.
Entries and entrants
- We reserve the right to discount any entries that are deficient, unlawful, defamatory, or otherwise harmful to our business.
- We accept no responsibility for late or erroneous entries caused by any reason, including technical difficulties.
- Entrants must enter each competition only once.
- Entrants must not enter competitions on behalf of another person, group or company.
- Where an entrant is found to have broken the terms and conditions of a competition, we may require the prize to be reimbursed or returned when a prize has already been provided.
- Cash cannot be given in place of prizes.
- We reserve the right to replace prizes with something we consider to be generally equivalent.
- We will notify prize winners within 30 days of the closing date of the competition in writing and usually via social media.
- Prize winners are responsible for notifying us of a correct email address to send their prize to, or they must sign up to a Gift Off account in order to claim their prize (i.e. when the prize is GO Points).
- Prizes are non-transferable and non-exchangeable. Prizes are subject to availability.
- We may disqualify entrants from entering Gift Off competitions if they engage in illegal, unsafe or inappropriate behaviour.
- We will have no liability to you in relation to any prize awarded and its fitness for purposes, or otherwise.
- Prizes must be claimed within 30 days of the date you were notified of your prize.
- If a prize goes unclaimed within the time frame above, we reserve the right to award the prize to an alternative winner.
- Prize winners, when the competition is a prize draw, will be chosen at random.
- If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
- Gift Off’s decisions, with regards to the competition and prizes, are final. There will be no discussion with entrants, or other individuals in relation to this matter.
- Questions and concerns about competitions will be managed by us, or, an independent adjudicator if required by law.
- Should we fail to enforce any of the terms and conditions at any time, this will not give rise to any right of action by an entrant or winner, or deemed to be a waiver of any of our rights.
- Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are excluded.
- To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence.
In the event that any provision of these terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions, which shall continue in full force and effect.
- Entrants to Gift Off competitions:
- assign to us all rights in their entry and their publicity materials in all media and whether in existence now or created in the future;
- agree not to assert any moral rights in respect of their entry and the publicity materials against the host, licensees and successors in title;span>
- undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is indecent, defamatory, or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
- confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
- Entering a Gift Off competition, you agree that we have the right to publicise and communicate to the general public, the names, social media accounts and likeness of entrants in relation to the running of the competition.