Terms and Conditions for Using bitgiftcard.com Platform and Services

Last update: January 13, 2025
Effective date: January 13, 2025

Terms and Conditions for Purchasing Digital Gift Cards

IMPORTANT! PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT WILL BECOME LEGALLY BINDING UPON MARKING THE “ACCEPT TERMS AND CONDITIONS” CHECKBOX. IF YOU DO NOT UNDERSTAND ANY PART OF THIS DOCUMENT, PLEASE CONTACT US. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT MARK THE “ACCEPT TERMS AND CONDITIONS” CHECKBOX.

This document (referred to as “Terms”) outlines the conditions for purchasing Digital Gift Cards (defined in Section “Definitions”) through DOTSOA OOD.

The Terms describe the conditions under which you purchase any Digital Gift Cards from us. By purchasing a Gift Card from us, you confirm that you have read these Terms, agree to all of their clauses, and will adhere to them.

The current version of these Terms is always available on our website.

ABOUT US

DOTSOA OOD is a company organized under the laws of Bulgaria, with legal entity number 201700413, and a registered office at Tsarigradsko Shose Blvd No. 115M, European Trade Center, Building D, Floor 1, Sofia, Bulgaria (referred to in this document as “Company,” “we,” or “us”). The Company provides you with the ability to purchase Digital Gift Cards using Bitcoin.

DEFINITIONS

Business Day: Any working day according to the Bulgarian law.
Fiat: A currency that is legal tender as per the laws in force.
Digital Gift Card: A virtual card identified by a unique code, which entitles the holder to obtain goods and/or services of a specified value from a specific merchant.
Gift Card Purchase and Sale Agreement: A non-recurring agreement made remotely between you and us based on these Terms, for the purchase of any Gift Card through our platform.
Gift Card Purchaser: Refers to you, the individual purchasing a Gift Card on our website.
Merchant: The entity issuing a Gift Card that is available for purchase on our website.
Party or Parties: Refers to you and us individually or collectively as per the context.
Privacy Policy: The document that outlines how, when, and under what conditions we process your personal data.
Terms: This document, along with all its annexes, which defines the terms and conditions for selling and purchasing Digital Gift Cards through DOTSOA OOD. If additional agreements are made between you and the Company regarding the Digital Gift Cards, they will be considered as part of these Terms.
Payment Partners: Third parties that assist in accepting payments on behalf of DOTSOA OOD.
Virtual Asset: A digital representation of value that can be digitally traded, transferred, and used for payment or investment purposes, excluding digital representations of fiat currencies, securities, and other financial assets.
Virtual Asset Processing: Processing of transactions made using virtual currencies.

In these Terms:

Singular words include their plural forms and vice versa.
Words indicating a specific gender include all genders.
Defined words or phrases apply equally to other grammatical forms.
References to documents or agreements (including this document) include all amendments or replacements.
References to legislation include all updates, re-enactments, and any related subordinate legislation.
The term "day" or "month" refers to calendar days or months.
The words “include,” “includes,” and “including” imply “without limitation.”

General Obligations

Your obligations:

Act in good faith and follow these Terms and any other applicable conditions.
Familiarize yourself with and follow the relevant terms provided by Merchants.
Provide accurate, current, and virus-free information and documents.
Notify us promptly of any issues during your Gift Card purchase.
Take reasonable measures to protect your data related to Gift Card purchases.
Comply with all relevant laws and regulations at all times.

Our obligations to you:

Act in good faith and prioritize your interests.
Ensure the Website functions as intended.
Fulfill our obligations to you in a timely and proper manner.

Eligibility:

You are eligible to purchase Gift Cards if you:

Have the legal capacity to be bound by these Terms.
Are authorized to enter into an agreement on behalf of a person or entity you represent.
Are of full legal age (if a natural person) or properly established (if a legal entity).
Provide accurate and complete information requested by us.
Do not use or intend to use Gift Cards for any unlawful or harmful purpose.
Comply with these Terms and all relevant laws and regulations.

Representations and Warranties:

By accepting these Terms, you:

Confirm your eligibility based on the criteria listed.
Acknowledge that you have read, understood, and agree with these Terms.
Commit to be bound by these Terms.
Agree that your actions while purchasing Gift Cards through us carry the same legal weight as paper documents signed by you (or your entity if acting on behalf of one).
Confirm that you are purchasing Gift Cards for personal use only and not for resale or commercial purposes.
Understand that we do not exchange, refund, or take back purchased Gift Cards.
Accept full responsibility for evaluating the suitability and risks of the Gift Cards.
Confirm that the funds used for your purchase are legally sourced and belong to you.
Acknowledge that we have not personally advised or recommended any specific Gift Card purchase to you.
Understand that legal requirements vary worldwide and that it is your responsibility to comply with all applicable local laws before purchasing any Gift Cards.
Confirm that your purchase of Gift Cards does not violate any applicable laws or regulations in your jurisdiction.

By accepting these Terms, you confirm that all the information above is true and accurate at the time of acceptance and during the completion of the Gift Card Purchase and Sale Agreement.

To be clear, your confirmations are personal assurances that we rely on when entering into the Gift Card Purchase and Sale Agreement with you.

We do not guarantee that the purchased Gift Cards will be free from defects, always available, or error-free, nor that any issues will be fixed quickly or at all. As a result, you agree that all Gift Cards and related information are provided “as is” and “as available,” without any kind of warranty.

We also don’t guarantee that the Gift Cards offered on our Website will meet your needs (for example, we don’t guarantee you’ll be able to get the goods or services you want with the Gift Cards purchased from us). Any issues with using, withdrawing, or redeeming Gift Cards purchased through us are solely between you and the relevant Merchant, and any complaints should be directed to the Merchant.

We do not exchange, redeem, refund, or accept returns on Gift Cards purchased through us for cash, other virtual assets, other gift cards, or any other means.

To the fullest extent allowed by law, we make no promises or guarantees, express or implied, about the Gift Cards or purchases made with them. This includes any warranties about fitness for a particular purpose, ownership, or non-infringement, as well as any warranties arising from trade practices or past transactions.

PURCHASE OF A GIFT CARD

To complete a Gift Card Purchase and Sale Agreement with us, you need to provide all required information. You must also select the region where the gift card will be used, received, or redeemed. We reserve the right to decline your Gift Card order if we find you ineligible to make the purchase.
Our system automatically generates offers, which are binding for us within the specified period. CashBacks (we do offer cashback with every purchase) are applied at our sole discretion.
Prices for Gift Cards may change anytime. The Company does not offer price protection or refunds if prices drop or if there’s a promotion. We may change content options, eligibility, and availability of specific features or promotions without notice. A processing fee will be added to your purchase, based on the total item value, which will be shown during checkout.
You can confirm and accept our offer to purchase a Gift Card within the time stated in our offer, following the steps provided.
The unique code or identifier for your purchased Gift Card will be sent to the email address you provided. It’s your responsibility to ensure this email address is correct. We are not liable for any incorrect or invalid information, or any issues resulting from it.
If you underpay, this will be considered a lack of confirmation of your intent to purchase the Gift Card. You’ll need to contact us or our Virtual Asset processor to either transfer the remaining amount or request a refund, minus any fees and costs. We will try to automatically offer you the possibility of adding the missing amount on the payment screen and via email.
If you overpay, it will be considered a confirmation of your intent to purchase. Upon request, the excess amount may be refunded, after any fees and costs are deducted.
Once a sufficient amount of Virtual Assets has been received by us, the Gift Card Purchase and Sale Agreement is considered complete, and you cannot cancel the agreement.
We set minimum and maximum values for Gift Cards available through us, as indicated on our Website. We also reserve the right to set a minimum refundable amount, meaning if your requested refund is below this limit, no refund will be issued.
The time it takes to send the Gift Card code or process any refunds may depend on third-party services, and we cannot guarantee an exact time.
All risks associated with the Gift Card purchase are your responsibility. Any issues regarding the use, withdrawal, or redemption of Gift Cards must be resolved directly with the relevant Merchant. Any complaints should also be directed to the Merchant.

GIFT CARD VALIDITY

Validity Period: Merchants and brands are responsible for setting a validity period in their terms of use.
Activation: Gift Cards are activated and ready for use immediately upon successful payment and confirmation of the order by bitgiftcard.com.
Non-Refundable: Gift Cards, once purchased, are non-refundable and cannot be exchanged for cash, regardless of any remaining balance.
Responsibility: It is the responsibility of the purchaser or recipient to be aware of the Gift Card's expiration date. bitgiftcard.com is not responsible for providing reminders or notifications of impending expiration.

By purchasing or using a Gift Card from bitgiftcard.com, you agree to the terms outlined above regarding its Validity Period and usage. We advise using the full balance before the expiration date to get the most value from your purchase.

CASHBACK

The BitGiftCard Cashback program is designed to reward Customers for their loyalty to BitGiftCard.com.
Whenever a Customer completes an Eligible Transaction, they will receive a percentage of the transaction amount in USDT (referred to as “Cashback”), which will be credited to their Bitgiftcard Cashback account. Cashback will be credited to the Customer’s account within 5-7 business days after the purchase.
An “Eligible Transaction” is any purchase made by a registered Customer, using any payment method accepted by BitGiftCard.com (except payments made using the balance of their Bitgiftcard Cashback Card), for a Gift card that is not part of the Excluded Gift cards.
“Excluded Gift cards” refer to specific Gift cards or types of purchases that BitGiftCard.com, at its discretion, may exclude from the Cashback program.
The percentage of Cashback awarded may vary depending on the Gift card purchased. BitGiftCard.com reserves the right to adjust, increase, decrease, or discontinue the Cashback offered for any Gift card at any time. The program may also be suspended or terminated for individual Customers or all Customers at Bitgiftcard’s discretion.
Cashback earned by a Customer is non-transferable, cannot be withdrawn, and cannot be combined with other promotions. Cashback can only be used to purchase Gift cards through BitGiftCard.com.

Usage Limitations

At BitGiftCard.com, we enforce certain purchasing limits as part of our Anti-Money Laundering (AML) policy. All thresholds are set in USD but apply to equivalent amounts in other currencies. Limits may also differ based on the specific product or individual customer needs, as requested by product issuers or determined at our discretion.

Where required by applicable laws, regulations, or our internal policies, attempts to circumvent these usage restrictions may be reported to the appropriate authorities if we identify, at our discretion, any indications of suspicious activity.

We have set specific purchasing limits for users at BitGiftCard.com to ensure compliance and security in all transactions:

$1000 per card: Each individual gift card purchase is capped at $1000.
$2,000 per day: Daily transactions are limited to a total of $2,000 per customer.
$10,000 per month: Over a month, users can spend up to $10,000 in total on the platform.

We believe that these limits help us maintain a safe environment for all users and meet regulatory requirements.

PLATFORM FEES

By using BitGiftCard.com, users acknowledge and agree to the following platform fees associated with transactions on the site:

Currency Exchange Fee: A 1.95% fee will be applied to all currency exchanges between fiat currencies (such as USD) and Bitcoin. This fee covers the costs associated with processing exchanges and ensuring accurate conversions.
Bitcoin Price Volatility Fee: To mitigate the potential impact of Bitcoin's market volatility, a 2.95% fee will be added to transactions involving Bitcoin. This fee helps to maintain platform stability and protect against sudden price fluctuations.
Transaction Fee: A 1.95% transaction fee is applied to facilitate the internal movement of funds required to process each transaction securely and efficiently.

These fees are essential for ensuring the ongoing operation, security, and stability of the platform. By completing a transaction, users acknowledge and agree to these fees as outlined in the platform’s terms of use. Additionally, some gift cards may have fees applied by the merchant, which will be added to the platform fees of BitGiftCard.com. Please also note that our third-party payment processor may apply additional fees at their discretion.

REGULATORY AND LEGAL COMPLIANCE

We comply with all relevant laws and regulations. We’ll promptly notify you if any action is needed on your part, and by using our service, you agree to cooperate with these requests. If the required information isn’t provided, we may be unable to complete your transaction, and bitgiftcard.com is not responsible for any resulting transaction failures.

We reserve the right to verify information provided by you through reliable sources and other lawful methods. We also monitor Gift Card purchases for any unusual or suspicious activity. If we detect concerning transactions, we may reject them and are not liable for any resulting losses or obligations.

PROHIBITED USE

The following uses of Gift Cards purchased through bitgiftcard.com are strictly prohibited:

Using Gift Cards for anything other than personal use or as a gift. Reselling or otherwise trading your Gift Card is not allowed.
Engaging in any illegal or unlawful activities.
Concealing or disguising proceeds from illegal activities.
Participating in any fraudulent or malicious activities.
Engaging in any activities that may harm our ability to provide services, including selling Gift Cards.
Using Gift Cards in any way that breaches these Terms or conflicts with the values of bitgiftcard.com, including human rights, transparency, equality, ethics, and moral standards.

We reserve the right, without prior notice or explanation, to refuse any individual from purchasing Gift Cards if we suspect their activity may violate any of these prohibited uses.

SECURITY

It is solely your responsibility to keep the unique codes or identifiers of your Gift Card secure. If you share these codes, lose them, or if they become accessible to others, you are fully responsible for any negative consequences.
We are not liable if your Gift Card is lost, stolen, destroyed, or used without your permission.
Be aware of scams that ask for payment via Gift Card. We are not responsible for any fraud or illegal actions by third parties related to any Gift Card.
For more security tips, refer to our website or the respective Merchant’s website.

DEVELOPMENT AND MODIFICATION OF OUR SOFTWARE

We reserve the right to update, improve, and modify our Website, systems, or any related applications at any time. This includes adding or removing features, adjusting functionality, and updating data requirements and processes for identification.
If needed and feasible, we may post information about these changes on our Website, but we are not responsible for any loss or inconvenience you or others might experience due to these updates.

INTELLECTUAL PROPERTY

By purchasing a Gift Card through us, you acknowledge that the Company and/or our partners hold all rights to the documents, processes, software, and other technologies and materials involved. These rights include copyrights, patents, trademarks, trade secrets, domain names, and other intellectual property rights worldwide.
All intellectual property, including copyrights, patents, trademarks, and trade secrets related to the Gift Card purchase system, platforms, software, and documentation, remain the sole property of the Company or relevant third-party providers. You are granted access to use these resources solely for the purpose of purchasing a Gift Card through us, in accordance with these Terms.

LIABILITY AND INDEMNITY

To the fullest extent allowed by law, bitgiftcard.com and DOTSOA LTD are not liable for any losses, damages, costs, or expenses, whether direct, indirect, or consequential (including business interruption), that may arise from your use, withdrawal, redemption, or inability to use or redeem a Gift Card purchased through us.
If our liability cannot be fully excluded, our maximum liability to you is limited to the value (in Fiat) of the Gift Card that led to the claim. This limitation applies to the fullest extent permitted by law.
We are not responsible for financial loss from your use, withdrawal, redemption, or inability to use a Gift Card, including situations such as the Merchant’s insolvency, system failures, unauthorized access to your Gift Card, or data loss.
We are not liable for non-compliance with any quality or quantity requirements for Gift Cards if the issue stems from third-party failures.
We do not offer financial or legal advice regarding Gift Cards. Any purchase decision is your responsibility, and we are not liable for any losses incurred.
You agree that bitgiftcard.com and DOTSOA LTD are not liable for any damages, losses (including profits), delays, or failure to deliver Gift Card codes, due to:
- Malware, phishing, or other cyber threats,
- Changes or “forks” in a Virtual Asset network,
- Gift Card order rejections allowed by our Terms, or
- Any other events beyond our reasonable control.
You agree to indemnify and hold harmless bitgiftcard.com, DOTSOA LTD, our affiliates, officers, agents, and employees from any claims, liabilities, or expenses, including legal fees, related to your Gift Card purchase.

TAXES

You are solely responsible for paying any taxes associated with your Gift Card purchase.
We do not offer tax advice, nor are we responsible for collecting, reporting, or remitting any taxes on your behalf.
If we are required by law or decide to report tax-related information, you agree to provide any necessary documents or information.

COMPLAINTS

Complaints should be submitted in English. bitgiftcard.com has 30 days to respond. We are committed to handling complaints fairly and promptly. To file a complaint, please email us at [email protected] or use the contact form under “Contact Us” on our website.
Unresolved Complaints: If we do not resolve your complaint satisfactorily, any further dispute will be subject to the Dispute Resolution provisions in these General Terms, including your requirement to submit any unresolved complaints through the dispute process outlined here.

COMMUNICATION

Our primary method of communication with you will be via email.
Communication is considered valid only when sent to and from the email addresses specified in these Terms: (i) Our official email for communication is [email protected]; (ii) The email you provide in your Gift Card order will be used to communicate with you. Other email addresses will only be accepted if agreed upon by both parties.
Notices and other communications sent to the specified email addresses are considered delivered and received on the same Business Day (if sent on a non-Business Day, they’ll be received on the next Business Day).
In urgent situations, we may also reach out using other contact methods you have provided.
You must notify us immediately of any changes to your contact details and provide supporting documents if requested. If you fail to do so, we will consider notifications sent to the latest details we have on file as valid, including delivery of your Gift Card codes.
If you do not receive the notifications you expected, please inform us right away.
We are not responsible for any errors, inaccuracies, or issues resulting from outdated or incorrect contact information.
It is your responsibility to ensure the accuracy of any data, Gift Card orders, and documents you submit.
You should regularly check your email or other communication channels you use to stay updated on messages related to your Gift Card purchases. We are not liable for any loss if you fail to do so.

DATA PROTECTION

To complete a Gift Card Purchase and Sale Agreement, we collect, use, store, and process your information as allowed by the laws of Bulgaria, the EU General Data Protection Regulation (No 2016/679), and other applicable laws.
We process your data as detailed in our Privacy Policy, available at https://bitgiftcard.com/privacy and other parts of these Terms. Please review the Privacy Policy before accepting these Terms. If you need clarification, you may contact our Data Protection Officer, as specified in the Privacy Policy. By accepting these Terms, you confirm that you have read and understood the Privacy Policy.
We have implemented technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access, particularly during data transmission over a network.
You must notify us in writing if any of your information held by us is inaccurate, outdated, or if you believe we are processing your data in a manner inconsistent with applicable laws.

INFORMATION STORAGE

We retain essential information related to Gift Card purchases for at least 5 years, stored in secure media of our choice.
We recommend that you also keep copies of relevant information related to your interactions with us for your records.
While we take reasonable precautions to protect data related to Gift Card purchases, we cannot guarantee absolute security. We are only responsible for adverse outcomes from data loss on our Website if found directly at fault.

CONFIDENTIALITY

Both parties acknowledge that, during the Gift Card Purchase and Sale Agreement, one party (the "Disclosing Party") may share proprietary or confidential information with the other (the "Receiving Party"). This information, which is considered non-public, may include technical data, know-how, Company information, service manuals, and similar materials (collectively, "Confidential Information").
The Receiving Party agrees to use Confidential Information solely to fulfill obligations under these Terms and will keep it strictly confidential, only sharing it with third parties if necessary for the agreement, legal compliance, or as permitted by the Disclosing Party in writing.
The Receiving Party must apply the same level of protection to Confidential Information as it would to its own, using at least reasonable care, and is responsible for any unauthorized disclosure, even by its employees or affiliates.
If there’s any unauthorized use or suspected misuse of Confidential Information, the Receiving Party must immediately inform the Disclosing Party.
Confidentiality obligations don’t apply if the Receiving Party can prove that the information:
- Was already known without confidentiality obligations,
- Was public knowledge at the time of disclosure,
- Became public through no fault of the Receiving Party, or
- Was lawfully shared by another party not bound by confidentiality.
If disclosure is legally required, you must give us reasonable notice to contest it or seek protection. If that’s not possible, disclose only what is legally required while maintaining confidentiality protections.
You agree that sharing confidential information with authorities, subcontractors, or other parties as required for legal or business purposes does not breach these confidentiality obligations.

MODIFICATION OF THE TERMS

We reserve the right to update these Terms by publishing changes on our website. Changes take effect immediately upon publication.
Amendments are not retroactive and do not affect rights or obligations that arose before the amendments.

COMING INTO FORCE AND TERMINATION

These Terms come into effect once you check the "Accept Terms and Conditions" box during your Gift Card order.
We may terminate these Terms at any time. Upon termination, the following applies:
- All rights granted under these Terms end immediately.
- Each party must promptly return or destroy any Confidential Information unless retention is required by law or specified in these Terms.
- All payments due before termination must be made, and no further payments will be owed after final settlement.
- Any provisions intended to survive termination will remain in effect.
- All other obligations of both parties will cease.
We are not liable for any consequences resulting from legally rejecting or suspending a Gift Card order, terminating a concluded Gift Card Purchase and Sale Agreement, or terminating these Terms.
Termination does not relieve you of any prior obligations owed to us before the termination date.
Termination of these Terms also cancels the validity of any related Gift Card.

MISCELLANEOUS

Governing Law: These Terms and any disputes arising from them are governed by the laws of the Republic of Bulgaria.
Jurisdiction: Only the courts in Sofia, Bulgaria, have jurisdiction over legal disputes related to these Terms.
Language: The agreed language of these Terms and all communications between you (or an authorized representative) and us is English.
Enforceability: Only you and we have rights under these Terms; no other person may enforce them.
Right to Enforce: Even if we delay enforcing any part of these Terms, we retain the right to do so later. If we do not act immediately in response to your breach, it does not mean we waive our right to take action in the future.
Relationship of the Parties: Both Parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship between us, nor should either party imply otherwise.
Invalidity: If any part of these Terms is deemed illegal by a court, the rest of the Terms remain in force. Each section operates separately, so if one is found unlawful, the others remain effective.
Entire Agreement: These Terms and any referenced documents constitute our entire agreement with you, replacing any previous arrangements on the subject.
Additional Conditions: The Parties may agree to additional conditions by a separate written agreement, which will then become part of these Terms.
Transfer of Rights: You need our written consent to transfer any rights or obligations under these Terms to a third party.
Assignment of Rights: We may assign our rights and obligations under these Terms to third parties without your consent if it complies with applicable laws. We will inform you of any such assignment within 10 Business Days.
Survival: Any rights or obligations in these Terms that are meant to continue after termination will survive termination.