Terms and Conditions

These Terms of Service govern your access to and use of the SwayGifts platform, website, and related services.

By accessing or using SwayGifts, you agree to these Terms. If you do not agree, you should not use the platform.

SwayGifts is a digital gifting experience platform that enables people to celebrate life moments by sending personalised celebration messages. Senders may optionally include a gift amount with a message.

SwayGifts facilitates the gifting experience but does not provide financial accounts, wallets, or stored-value services. All payment processing is handled by third-party payment service providers.

You must be at least 18 years old to create an account on SwayGifts.

Parents or legal guardians may create celebration pages for children or dependents under their control. Children do not create independent accounts and do not participate in financial activity on the platform.

You are responsible for providing accurate information and for maintaining the security of your account credentials. You must not create accounts under false identities or allow others to use your account.

Celebration messages are the core feature of SwayGifts.

Messages:

• are delivered independently of any payment,
• remain visible even if no gift amount is included,
• are not receipts or proof of payment.

You are responsible for the content you submit. Content must comply with applicable laws and our community standards. You must not submit content that is unlawful, defamatory, abusive, threatening, or that infringes the rights of others.

Adding a gift amount to a celebration message is optional.

When a gift amount is included:

• the sender pays the selected amount plus a clearly disclosed service fee,
• payment is processed by a third-party payment service provider (PSP),
• funds are settled directly into the recipient’s account with the payment provider,
• SwayGifts does not receive, hold, store, custody, or manage user funds at any point.

Recipients must complete required identity verification and payout setup through the payment provider before receiving funds.

If a celebration message is sent to someone who has not yet joined SwayGifts:

• the message is delivered immediately,
• no payment occurs until the recipient completes setup,
• if the recipient does not complete setup within 30 days, the gift intent expires and no payment is taken,
• the sender is notified of the expiry and may choose to resend.

Recipients access gift funds through their own account with the payment provider. SwayGifts does not operate withdrawal or payout infrastructure.

Recipients may transfer funds from their payment provider account to any external bank account or card they have linked through the payment provider. This transfer is between the recipient and the payment provider. SwayGifts provides the interface for convenience but does not control, restrict, or intermediate the movement of funds.

SwayGifts is not responsible for payment provider payout schedules, processing times, or any fees charged by the payment provider for transfers.

Parents or guardians may create celebration pages for children or dependents.

For dependent pages:

• all payments are settled to the verified adult account holder’s account with the payment provider,
• children do not receive funds,
• no money is saved, locked, deferred, or set aside for the child,
• children may only have view-only access to messages if permitted by the parent or guardian,
• dependent profiles must only be used for the purpose of celebrating children or dependents.

SwayGifts does not provide savings, custodial, or financial accounts for children.

Service fees apply only when a gift amount is included.

Fees:

• are clearly disclosed before checkout as part of the total amount,
• are deducted automatically by the payment provider at the point of transaction,
• do not apply to message-only interactions.

SwayGifts does not invoice senders separately or collect fees outside of the payment provider flow.

SwayGifts applies limits on gift amounts and frequency to reduce misuse and keep gifting comfortable. Limits are part of the platform design and apply to all users.

We may monitor activity for fraud, abuse, or policy violations. Monitoring does not involve holding or redirecting funds. We may adjust limits or restrict accounts based on monitoring outcomes.

You may not use SwayGifts to:

• send or receive money outside the gifting experience,
• pool funds or conduct fundraising, donation collection, or crowdfunding,
• create or simulate wallets, balances, or stored-value arrangements,
• circumvent transaction limits through multiple accounts, structured transactions, or other means,
• create accounts under false identities,
• use dependent or child profiles for purposes other than celebrating children or dependents,
• engage in unlawful, abusive, fraudulent, or deceptive activity.

We may suspend or terminate accounts that violate these Terms.

You retain ownership of the celebration messages and content you submit to SwayGifts.

By submitting content, you grant SwayGifts a non-exclusive, worldwide, royalty-free licence to display, distribute, and store your content as necessary to operate the platform and deliver messages to recipients. This licence exists solely for the purpose of providing the service and does not grant SwayGifts the right to sell or commercially exploit your content.

You may request deletion of your content in accordance with our Privacy Policy.

Payments on SwayGifts are processed by third-party payment service providers.

Your use of payment services is subject to the terms and policies of those providers. SwayGifts is not responsible for the services provided by third-party payment providers, including payment processing failures, payout delays, identity verification decisions, currency conversion rates, or any fees they may charge.

Refund eligibility depends on the circumstances of the transaction and is described in our Refund and Dispute Policy.

Refunds, when applicable, are processed through the payment service provider. SwayGifts does not issue or settle refunds directly.

SwayGifts is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, SwayGifts makes no warranties, express or implied, regarding the platform, including but not limited to warranties of merchantability, fitness for a particular purpose, or uninterrupted availability.

SwayGifts does not guarantee the availability, accuracy, or timeliness of payment processing, settlement, or currency conversion, as these are provided by third-party payment service providers.

To the maximum extent permitted by law, SwayGifts is not liable for indirect, incidental, consequential, or special damages arising from your use of the platform.

SwayGifts is not liable for:

• payment processing failures or delays caused by third-party payment providers,
• actions taken by payment providers including account holds, restrictions, or verification decisions,
• currency conversion rates, FX fees, or settlement timing,
• loss of access to funds held in your account with the payment provider,
• content submitted by other users.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law.

If you have a dispute with SwayGifts, we encourage you to contact us first at support@swaygifts.com so we can attempt to resolve the matter directly.

If a dispute cannot be resolved informally, it will be subject to the jurisdiction of the courts as specified in the governing law section below. Nothing in this clause limits your right to seek remedies available under applicable consumer protection laws.

You may stop using SwayGifts at any time.

We may suspend or terminate access if you violate these Terms or applicable laws. Upon termination, your right to use the platform ceases, but any funds already settled to your account with the payment provider remain accessible through the payment provider.

We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of this page.

For material changes, we will notify you by email or through the platform before the changes take effect. Your continued use of SwayGifts after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of New South Wales, Australia. Any disputes arising under these Terms are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

[Note: This governing law clause should be reviewed by legal counsel to address the dual-entity structure (Sway Gifts Pty Ltd in Australia and SwayGifts LLC in the United States). Consider whether the applicable entity and jurisdiction should depend on the user’s location.]

If you have questions about these Terms, please contact us at:

Email: support@swaygifts.com

Website: swaygifts.com