Terms of Service

These Terms of Service ("Terms") govern access to and use of the Givenly website, agent portal, buyer booking pages, and related services (the "Service") operated by Givenly ("Givenly", "we", "us").

By creating an account, sending a gift, completing checkout, booking delivery, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Givenly helps property professionals send branded settlement gifts to buyers, collect buyer booking details, process payment, and coordinate fulfillment with local suppliers. Gift availability, pricing, delivery areas, and supplier coverage may change over time.

We may update, suspend, or discontinue any part of the Service. We will use reasonable efforts to avoid disrupting paid orders already in progress.

Agent accounts are intended for property professionals and their teams. You must provide accurate registration information and keep your login credentials secure. You are responsible for activity under your account.

We may suspend or terminate accounts that violate these Terms, create risk for Givenly or other users, or remain inactive or unpaid where applicable.

When an agent sends a gift, the agent (or their agency) authorises payment through our checkout flow. Prices, delivery fees, and rental periods are shown before payment is completed.

Payments are processed by Stripe or another payment provider we specify. Refunds, where applicable, are handled according to the order status and our operational policies. Cancelled orders may be refunded to the original payment method where a successful charge exists.

Agents are responsible for confirming buyer details are correct before checkout. Givenly is not responsible for gifts sent to incorrect contact details supplied by the agent.

Buyers receive a gift email with a link to confirm delivery or service details. By submitting booking information, the buyer confirms the details provided are accurate and authorises Givenly and relevant suppliers to use those details for fulfillment.

Booking availability depends on supplier coverage, delivery dates, and order status. We may contact buyers or agents if a booking cannot be fulfilled as requested.

Agents and agencies may upload logos, brand colours, messages, and other content for use in gift communications. You represent that you have the right to use that content and that it does not infringe third-party rights or breach applicable law.

You grant Givenly a non-exclusive licence to use submitted branding and content solely to operate and deliver the Service for your orders.

You must not:

• use the Service for unlawful, misleading, or fraudulent purposes;
• attempt to access accounts, data, or systems without authorisation;
• interfere with the security or performance of the Service;
• upload malicious code or content that is abusive, defamatory, or otherwise harmful; or
• resell or commercially exploit the Service except as expressly permitted by Givenly.

Fulfillment may be performed by independent suppliers or service providers. Givenly coordinates booking information but does not employ those suppliers. Supplier performance, timing, and service quality are the supplier's responsibility, subject to our reasonable coordination efforts.

The Service also relies on third-party platforms such as payment, email, hosting, and mapping providers. Their terms and privacy practices may apply to your use of those features.

The Service is provided on an "as is" and "as available" basis to the maximum extent permitted by law. We do not guarantee uninterrupted access, error-free operation, or that every gift or delivery date will be available in every location.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or other rights that cannot be excluded under the Australian Consumer Law.

To the maximum extent permitted by law, Givenly is not liable for any indirect, incidental, special, or consequential loss, or for loss of profit, revenue, goodwill, or data.

Where liability cannot be excluded, our liability is limited, at our option, to resupplying the relevant part of the Service or paying the cost of having that part supplied again, or otherwise limited to the amount paid to Givenly for the relevant order in the 12 months before the event giving rise to the claim.

Agents and agencies agree to indemnify Givenly against claims, losses, and expenses arising from content they submit, inaccurate buyer information they provide, or their breach of these Terms, except to the extent caused by Givenly's fraud, wilful misconduct, or liability that cannot be excluded by law.

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or if continued access creates legal, security, or operational risk.

Provisions that by nature should survive termination — including payment obligations, disclaimers, limitations of liability, and indemnities — will continue to apply.

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and courts that may hear appeals from them.

We may update these Terms from time to time. The "Last updated" date at the top of this page will change when we do. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms can be sent to hello@givenly.com.au.