Terms of Sale

Giftup (“Giftup,” “we” or “us”) makes products available for purchase through our website and mobile applications. Your purchase of any Giftup product is governed by these Terms of Sale (“Terms”). Your purchase of a Vendor’s gift Voucher, is governed by the applicable terms and conditions of that gift Voucher and these Terms will cease to apply at the time of such purchase. Your use of the Giftup website and mobile applications is governed by our Terms of Service, see here.

These Terms are a legal agreement between you (“you,” or “your”) and Giftup (fully owned brand of Concon Solutions (Pvt) Ltd, here on written/mentioned as “Giftup”). By purchasing Giftup products and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from Giftup and you must immediately stop using the Website, Mobile application and all software that belong to Giftup.

Giftup reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our websites or mobile applications and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from Giftup to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Giftup products indicates your acceptance of any changes to the Terms.

1. Giftup Products
1.1 Gift Vouchers. We offer a variety of gift Vouchers and gift codes (collectively, “Gift Vouchers”) for purchase via our website or mobile applications. Giftup accepts payment by credit cards, debit card, eZcash. mCash and DFCC wallet. All Gift Vouchers 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. The total/aggregate amount that you may load on one or multiple Gift Vouchers in a single day should not exceed LKR 300,000. 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.

1.2 Gift Voucher Vendor Terms and Liability. Gift Vouchers purchased via our website or mobile applications are issued and activated by third-party merchants, retailers and vendors (collectively “Retailers”). Your purchase of each Gift Voucher will be governed by certain terms and conditions established by the issuing Retailer. Depending on the applicable law of your jurisdiction and the promotional nature of certain Gift Vouchers, Retailers may set expiration dates for such Gift Vouchers, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Retailer terms and conditions prior to purchasing any Gift Voucher. If you have questions regarding the applicable Retailer terms, please contact the issuing Retailer.

As issuers of the Gift Vouchers, Retailers (and not Giftup) are fully responsible for all aspects of their Gift Voucher programs. Retailers are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their Gift Voucher. While Giftup strives to work with reputable Vendors, Giftup has no liability for (i) the sale of products or services to you by a Retailer through the use of any Gift Voucher; and (ii) any Retailer’sfailure to honor a Gift Voucher. You will need to look solely to the Retailer for any remedy in connection with the foregoing issues.

1.3 Gift Voucher Errors. We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, Giftup does not represent or warrant that any Gift Voucher and information about the Gift Voucher (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error- free. In the event of an error, in an order confirmation, in processing a Gift Voucher purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

2. Disclaimers
• In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Giftup and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Giftup product (including Gift Vouchers); and (ii) any act or omission of a Retailer in connection with a Gift Voucher it provides.

• With respect to the Giftup products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Giftup is not responsible for any damage or loss resulting from stolen or lost Giftup product (including Gift Vouchers) or any use of your Giftup product (including Gift Vouchers) without your permission. Giftup is not responsible for replacing your damaged or lost Giftup product or Gift Voucher.

• Giftup and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Giftup products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.

• Giftup products cannot be resold to a third party by the final receiver or buyer of such Gift Vouchers.

These disclaimers and limitations may or may not apply to you and are void where prohibited.

3. Payment Options
When making a purchase on the website or a mobile application, Giftup accepts payment via credit card, debit card, eZcash, mCash and DFCC Wallet. Unless otherwise indicated, the denominated value of the Giftup product (including Gift Voucher) will be billed in full at the time you purchase, and Giftup provides, the Giftup product or Gift Voucher. By making the purchase, you acknowledge that you are authorized to use the designated Payment Voucher or other payment method and you authorize us to charge your purchase order to that Payment Voucher or other payment method. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. In the event that the Payment Voucher or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Voucher processing fees may apply even if the Payment Voucher has expired or changed by the time Giftup submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

4. Cancellations; No Returns
All purchases made on the website or mobile applications are final. Purchased Gift Vouchers are non-returnable and non-refundable, provided, however, that if a Gift Voucher does not function, we may, in our sole discretion, either refund you the Gift Voucher purchase amount or replace the defective Gift Voucher with an alternative Gift Voucher or with products or services of equal value for the same Gift Voucher Vendor. If you have any questions or problems with your order, please contact info@giftup.lk.

5. Excluded Users and Territories
You are not permitted to make purchases from Giftup if you are (i) located in, under the control of, or a national or resident of any country to which Sri Lanka has embargoed goods or services; (ii) identified as a “Specially Designated National”; or any other Sri Lankan export control list. Giftup Vouchers are available for purchase worldwide as per our terms and for use only in Sri Lanka.

6. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.

7. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

8. Waiver
Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

9. Contact Us
If you have any questions or concerns regarding these Terms or Giftup products, please contact us at: info@giftup.lk; or by mail to: Concon Solutions (Pvt) Ltd, Attn: Customer Support,8 Epitamulla Road, Pita Kotte, Sri Lanka.