These Terms of Service govern your use of the TheGift e-commerce platform, a software product of Digi Assets (Private) Limited. These Terms comply with applicable Sri Lankan laws including the Electronic Transactions Act No. 19 of 2006, the Consumer Affairs Authority Act No. 9 of 2003, and the Sale of Goods Ordinance (Chapter 391). Please read them carefully before using the platform.
1. Acceptance of Terms
By accessing, registering on, or using the TheGift platform (accessible at thegift.lk and associated subdomains), you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to any part of these Terms, you must immediately discontinue use of the platform.
These Terms constitute a binding agreement between you and Digi Assets (Private) Limited ("the Company"), the owner and operator of TheGift e-commerce platform. TheGift is a software product of Digi Assets (Private) Limited, a company incorporated in Sri Lanka.
2. Platform Description
TheGift is a digital gifting platform that facilitates the purchase, delivery, and redemption of electronic gift vouchers ("e-vouchers" or "Gift Vouchers"). The platform connects buyers with a curated network of verified Sri Lankan merchants who honour TheGift vouchers in exchange for their goods and services.
TheGift operates solely as an intermediary between voucher purchasers, recipients, and merchant partners. The Company is not a retailer of goods or services offered by participating merchants.
3. Eligibility & User Accounts
You must be at least 18 years of age to create an account and make purchases on TheGift platform, in accordance with the provisions of the Electronic Transactions Act No. 19 of 2006 of Sri Lanka governing capacity to contract electronically.
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at support@thegift.lk if you suspect any unauthorised access to your account. The Company accepts no liability for losses resulting from unauthorised use of your account where such use was enabled by your failure to safeguard your credentials.
4. Purchases, Pricing & Payments
All prices on the platform are quoted and transacted in Sri Lankan Rupees (LKR). Purchases are processed through our IPG (Internet Payment Gateway) partner, a licensed payment gateway operating under the Payment and Settlement Systems Act No. 28 of 2005 of Sri Lanka.
By completing a purchase, you confirm that all order details are accurate and that you are authorised to use the payment method provided. The Company reserves the right to cancel orders where fraudulent payment activity is detected.
5. Gift Vouchers, Nature, Validity & Non-Refundability
Gift Vouchers purchased on TheGift platform are non-refundable under all circumstances once the transaction is completed. This policy is disclosed prominently prior to purchase and constitutes a material term of the sale, consistent with accepted commercial practice for pre-paid digital instruments under Sri Lankan contract law and the Sale of Goods Ordinance (Chapter 391).
Each Gift Voucher is valid for twelve (12) months from the date of issue, as displayed on the voucher and in your account dashboard. Vouchers that are not redeemed within the validity period expire permanently. Expired vouchers cannot be reactivated, extended, or refunded under any circumstances.
Each Gift Voucher is a single-use instrument. Upon redemption, the face value is credited to the recipient's TheGift point balance and the voucher is permanently invalidated, regardless of any remaining unused value at the time of redemption.
Under the Consumer Affairs Authority Act No. 9 of 2003 and its amendments, the non-refundability of pre-paid digital vouchers is permissible provided the terms are clearly disclosed at the time of purchase. By completing your purchase, you acknowledge that you have read, understood, and accepted these voucher terms.
6. Merchant Transactions & Dispute Limitation
TheGift acts solely as a digital gifting intermediary. We facilitate the purchase and delivery of gift vouchers to recipients; we are not a party to any transaction between a voucher holder and a participating merchant upon redemption.
Any disputes, complaints, quality concerns, or refund requests arising from goods or services provided by a participating merchant after voucher redemption are a matter strictly between the user and that merchant. TheGift accepts no liability for the quality, suitability, availability, or fulfilment of any goods or services offered or delivered by participating merchants.
TheGift's responsibility is limited exclusively to the voucher purchase process (from checkout to voucher delivery) and the voucher redemption process on the TheGift platform itself. Any occurrence outside this scope, including but not limited to disputes over a merchant's product quality, delivery failures, or service disputes, falls outside TheGift's liability.
7. Point Balance
Upon redeeming a Gift Voucher, the face value is credited to the recipient's TheGift point balance in LKR equivalent points. Point balances have no cash value and cannot be withdrawn or transferred to a bank account.
Point balances may be used exclusively to purchase vouchers or items available on the TheGift platform.
8. Prohibited Conduct
You agree not to: (a) resell, transfer, or exploit vouchers for commercial gain outside the platform; (b) engage in fraudulent purchases or chargebacks; (c) abuse the voucher redemption or points system; (d) use the platform in any manner that violates any applicable Sri Lankan law or regulation; (e) attempt to reverse-engineer, copy, or circumvent the platform's technical systems.
Breach of this clause may result in immediate account suspension, forfeiture of point balance, and referral to the relevant authorities under the Computer Crimes Act No. 24 of 2007 and the Prevention of Money Laundering Act No. 5 of 2006 of Sri Lanka where applicable.
9. Intellectual Property
All content on the TheGift platform, including branding, software, design, images, and text, is the intellectual property of Digi Assets (Private) Limited, protected under the Code of Intellectual Property Act No. 52 of 1979 of Sri Lanka. Unauthorised reproduction, distribution, or commercial use of any platform content is strictly prohibited.
10. Limitation of Liability
To the fullest extent permitted by the laws of Sri Lanka, TheGift and Digi Assets (Private) Limited shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the platform.
In any event, the Company's total liability to you shall not exceed the amount paid by you in the specific transaction giving rise to the claim.
11. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, including but not limited to the Electronic Transactions Act No. 19 of 2006, the Consumer Affairs Authority Act No. 9 of 2003, and the Sale of Goods Ordinance (Chapter 391).
Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Colombo, Sri Lanka.
12. Amendments
The Company reserves the right to amend these Terms at any time. Amended Terms will be published on this page with an updated effective date. Continued use of the platform after publication of amended Terms constitutes acceptance. We will notify registered users of material changes via email where reasonably practicable.
13. Contact
For questions about these Terms, contact us at legal@thegift.lk or write to: Digi Assets (Private) Limited.
