Terms of service

1. About these terms

These terms of service ("Terms") are an agreement between you and gifthappy, which operates the gifthappy gifting platform ("gifthappy", "we", "us", or "our"). They govern your access to and use of our website and services. By using gifthappy to send or receive a gift, or by creating an account, you agree to these Terms. If you do not agree, do not use the service.

We may update these Terms from time to time (see clause 16). The version published on this page applies to your use of the service at the time.

2. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract to use gifthappy. You can use parts of the service without an account; some features require you to sign in. You are responsible for keeping your sign-in secure and for activity that occurs under your account. Please tell us promptly if you suspect any unauthorised use.

3. How gifting works

When you send a gift you choose the items and provide the recipient's name and email address and an optional message. We email the recipient a secure, single-use link inviting them to accept the gift and provide their delivery details. The recipient's postal address is not shared with you. You are responsible for the accuracy of the details you provide and for the content of your gift message, and you confirm you are entitled to provide the recipient's details for this purpose.

4. Pricing and GST

Prices are shown in Australian dollars and, where applicable, include GST. Delivery fees are shown before you confirm an order. We try to ensure prices and product information are accurate, but errors can occur. If we discover an error in the price or description of an item you have ordered, we will let you know and you may choose to continue at the correct price or cancel the affected item.

5. Payment

Payment is handled by our third-party payment provider. When you check out, your card details are securely saved with the provider but you are not charged at that time. We charge the saved card when the recipient accepts the gift. By checking out, you authorise us to charge the saved card for the order total once the gift is accepted. We do not collect or store your full card number, expiry, or security code.

If a charge cannot be completed when the recipient accepts (for example the card is declined), we will contact you so the payment can be updated, and the gift will be held pending payment.

6. Acceptance, expiry, and decline

The acceptance link is single-use and expires 7 days after it is sent. If the recipient does not accept the gift before it expires, or declines it, the saved card is not charged and the order does not proceed. We may let you resend or reissue a gift that has expired.

7. Fulfilment by partner suppliers

Gifts are supplied and delivered by our partner suppliers. A single gift may include items from more than one supplier. Estimated delivery times are indicative and may vary. If a supplier is unable to fulfil all or part of an order after the gift is accepted, we will refund the amount for the affected items (see clause 8).

8. Cancellations and refunds

Because gifts are prepared and dispatched by suppliers, a gift generally cannot be cancelled once the recipient has accepted it and fulfilment has begun. Where a refund is due (for example an item that cannot be fulfilled), it is processed against the original payment for the affected items, with any GST and discounts allocated proportionally. Refunds are made to the card used for the order. This clause does not limit your rights under the Australian Consumer Law (see clause 11).

9. Acceptable use

You agree not to:

• use gifthappy for any unlawful, fraudulent, harmful, harassing, or abusive purpose;
• send messages or content that are unlawful, threatening, defamatory, obscene, or that infringe another person's rights;
• provide false details, or use another person's details without authority;
• interfere with or disrupt the service, or attempt to gain unauthorised access to it; or
• copy, scrape, or misuse our content or systems.

We may suspend or refuse service, or cancel an order, where we reasonably believe these Terms have been breached.

10. Intellectual property

The gifthappy name, logo, website, and content are owned by us or our licensors and are protected by law. We grant you a limited, personal, non-transferable licence to use the site for its intended purpose. You retain ownership of the gift message content you provide, and you grant us the rights needed to process and deliver it as part of the service.

11. Consumer guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by law that cannot lawfully be excluded or limited. Where permitted, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of resupply.

12. Liability

Subject to clause 11, and to the extent permitted by law, we are not liable for indirect or consequential loss, and our total liability arising out of or in connection with the service or these Terms is limited to the amount you paid for the relevant order. We are not responsible for matters outside our reasonable control. The service is provided on an "as is" and "as available" basis to the extent permitted by law.

13. Indemnity

To the extent permitted by law, you agree to indemnify us against loss, damage, or cost we reasonably incur arising from your breach of these Terms or your misuse of the service, except to the extent it is caused by us.

14. Third-party services

gifthappy relies on third parties for payment, email, hosting, and analytics. Your use of those features may also be subject to the relevant provider's terms. We are not responsible for the acts or omissions of third parties beyond our reasonable control.

15. Privacy

We handle personal information in accordance with our privacy notice. You can manage your cookie choices on the cookie preferences page.

16. Changes to the service and these terms

We may change, suspend, or discontinue parts of the service, and we may update these Terms, from time to time. When we update these Terms we will change the "Last updated" date above. Your continued use of the service after a change takes effect means you accept the updated Terms.

17. Governing law and contact

These Terms are governed by the laws of NSW, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state. Questions about these Terms can be sent to admin@gifthappy.co.