Giftbee Australia Pty Ltd - Corporate Business Terms
Updated 16 October 2026
Key things to know
• These terms are the agreement between your business and Giftbee Australia Pty Ltd for buying and sending gifts, rewards and incentives through the Giftbee platform.
• You must be a business. People who receive gifts are covered by our Terms of Use and Sale, not these terms.
• We verify every business before activating an account. You fund a deposit balance and order against it.
• Your deposit balance is refundable when you close your account, less anything you owe us.
• We each exclude consequential loss and our liability to you is capped. Nothing in these terms excludes your rights under the Australian Consumer Law.
• If your business has a signed agreement with Giftbee, the signed agreement prevails over these terms.
1. These terms
1.1 These terms are an agreement between Giftbee Australia Pty Ltd (ACN 673 340 719) (Giftbee, we, us, our) and the party on whose behalf an account is created (you, your). They govern your access to and use of the Giftbee platform, the Giftbee API (API) and our related services located at www.giftbee.com (together, the Platform), and your purchase of Gifts and Products in accordance with these terms.
1.2 You accept these terms by ticking the acceptance box when you create an account, or by accessing or using the Platform. The person who accepts these terms warrants that they are authorised to accept them on behalf of your business.
1.3 The Platform is for business use only. You confirm that you are acquiring our services to send gifts, rewards and incentives to individual recipients in the course of carrying on a business, and not for personal, domestic or household purposes.
1.4 If you are party to a signed Master Services Agreement, Order or other written agreement with Giftbee, that agreement prevails over these terms to the extent of any inconsistency.
1.5 When a person receives a Gift or a Product, their acceptance and redemption of the Gift or Product is governed by the Giftbee Terms of Use and Sale and any applicable Partner Brand terms, not by these terms.
2. Your account
2.1 You must give us accurate, current and complete information when you sign up, and keep it up to date. This includes telling us promptly about any change in your legal entity, ownership, directors or the nature of your business.
2.2 You are responsible for keeping your login credentials and API keys confidential and secure. You are responsible for everything done through your account, including all Orders placed through your account, until you tell us your account may be compromised and we have had a reasonable opportunity to secure it.
2.3 You may allow your officers and employees to use your account. You are solely responsible for all of their actions carried out under the account under these terms.
3. Verifying your business
3.1 We must verify your business before we activate your account. This includes collecting and verifying your legal name, ABN, ACN or company number, registered address, directors and beneficial owners, and, if applicable, screening against applicable sanctions lists.
3.2 You authorise us to verify the information you give us with third parties (including the Australian Business Register, ASIC and identity, fraud and credit reporting services) and to share it with our Partner Brands and suppliers for verification, approvals and fraud prevention.
3.3 We may ask for more information at any time, including about your intended use of the Platform, your transaction volumes and your source of funds. You must provide it promptly. If you do not, we may decline to activate your account, or we may suspend or close it.
3.4 We may decline to activate your account, or decline, pause or limit any Order or deposit, where we consider it reasonably necessary to manage fraud, security, legal or regulatory risk. If we are unable to supply you with services for reasons specified in this clause, where possible we will inform you of this in writing. Where the law prevents us from giving reasons, we may not be able to explain our decision.
4. Your deposit balance
4.1 When you establish an account with us, you are required to fund a prepaid deposit balance against which Orders will be made in accordance with these terms (Balance). We may specify a minimum Balance amount for the purposes of opening and maintaining your account.
4.2 Giftbee will only accept deposit balances in the currencies notified to you at the time you establish your account.
4.3 Your Balance is a prepayment for Gifts, Products and services. It is not a bank deposit or other financial product, does not earn interest, and can only be used to purchase Gifts, Products and services from us. You can fund your Balance by bank transfer, credit card or any other payment method we make available on the Platform. Credit card fees may apply. Funds are available in your Balance for the purchase of Gifts and Products once the deposit has cleared. We will only accept deposits after your account has been verified and activated.
4.4 You must ensure that at all times there is sufficient Balance for the supply and/or activation of Gifts or Products supplied under an Order. We will issue you a tax invoice for the initial deposit and any subsequent top up deposit that is required to process an Order. We have no obligation to accept or fulfil an Order if your Balance is not sufficient to cover it.
4.5 If you owe us an amount that is due and unpaid, we may retain an equal amount from your Balance as security and set it off against what you owe.
4.6 You can ask us to refund the unused part of your Balance at any time, and we will refund it when you close your account. We will pay refunds to your verified bank account within 30 days, less any amounts you owe us.
4.7 If your account is inactive for 12 months and you hold a Balance, we will attempt to contact you using your account details. Unclaimed balances will be dealt with in accordance with applicable unclaimed money laws.
4.8 We will provide access to transaction statements and the details of all Orders placed via the portal on the Platform.
5. Ordering
5.1 You can place Orders through the Platform portal or, if we have enabled it for your account, the API. API access is subject to our API documentation and any additional API terms we notify to you via the Platform portal. You are responsible for ensuring that your Order and any specification submitted by you, including the currency and language in which the Gift will be issued, is complete and accurate.
5.2 An Order is accepted when we confirm it through the Platform. We may decline to accept an Order acting reasonably, including where required by a Partner Brand or to manage the risks described in clause 3.3[NZ1] . If we are unable to supply you with the Gifts or Products you have ordered for any reason, or process your Order, we will inform you of this in writing. If you have already paid for the Gifts or Products, we will refund you the full amount, plus applicable Fees.
5.3 You may make an Order of Gifts or Products to be fulfilled in a currency that is different to the currency in which the Balance is held. This will be an arrangement that is specific to your account. When you place an Order, you are solely responsible for specifying the currency in which the Order is to be fulfilled.
5.4 Once an Order is accepted, you irrevocably authorise us to immediately deduct from your Balance the Face Value of the Gifts and Products that relate to the Order placed under these terms, plus any applicable Fees. If the Order is placed in a currency different from the currency in which the Balance is held, the Order value will be converted into the currency of the Balance using the exchange rate available on fixer.io on the date the Order is fulfilled, and the converted amount will be immediately deducted from the Balance on that date.
5.5 Order limits apply. Unless we agree otherwise, you must not order Gifts or Products totalling AUD $10,000 or more (or the equivalent amount in the currency in which the relevant Balance is held, on a converted basis as of the day the Order is placed using the prevailing exchange rate available on fixer.io on the date the Order is placed). We may set, publish and change this or other limits (including per-card and account limits) where reasonably necessary to manage fraud, compliance and supplier requirements, and we will notify you of limits that apply specifically to your account unless we are precluded from doing so by law.
5.6 In respect of all accepted Orders, Giftbee will facilitate and fulfil the provision of Gifts and/or Products to you or your nominated recipient on the terms specified in the Order.
5.7 You are responsible for providing us with accurate details for the recipient of the Gift or Product. We are not responsible where Gifts or Products do not get delivered to a recipient as a result of incomplete or incorrect recipient details, though we will give you reasonable help to redirect an unopened Gift.
5.8 Once fulfilled, Orders are final and non-refundable, except that: (a) if a Gift or Product was not properly issued or is defective, we will reissue it or refund your Balance, including any Fees; and (b) nothing in this clause affects your rights under the Australian Consumer Law. Tell us about any issue as soon as you become aware of it.
6. Gifts, brands and recipients
6.1 Our catalogue of Gifts and Products changes. We do not promise that any particular Partner Brand, Gift or Product will remain available. Gifts Cards are available in the countries and jurisdictions specified in our catalogue and may change from time to time.
6.2 Gift Cards are issued by our Partner Brands and are subject to that Partner Brand’s terms and conditions, including expiry and redemption conditions. Once a recipient redeems a Gift for a Partner Brand’s Gift Card or Product, the Partner Brand is responsible for the supply of that Gift Card or Product to the recipient, unless we cause or contribute to the failure to supply.
6.3 All Partner Brand terms and conditions are between the respective Partner Brand and the recipient. Giftbee makes no representation or warranty related to, has no obligation under, and disclaims any liability to you or a recipient associated with, the Partner Brand terms and conditions.
6.4 Risk in a Gift or Product passes when it is delivered to the recipient in accordance with your Order. We are not liable for loss, theft or misuse of a Gift or Product after that point, except to the extent caused by our error.
7. Physical eftpos cards
7.1 Physical prepaid eftpos cards are available for delivery in Australia only and are subject to the Giftbee eftpos card terms and conditions (giftbee.com/eftposterms) and applicable card scheme rules.
7.2 When you order physical eftpos cards, you will be asked to confirm certain matters about your business and the intended use of the cards, including that your business is registered in Australia, that you do not operate a remittance, money transfer or digital currency exchange business, and that the cards will not be used for unlawful purposes. We reserve the right to decline Orders for physical eftpos cards if you cannot satisfy the requirements of the applicable card scheme rules or any other requirements of the card issuer or Giftbee.
7.3 Risk in physical cards passes to you (or to your recipient, for direct-shipped cards) on delivery by our carrier.
8. Payment for Gifts and Products
8.1 You agree to pay the Face Value plus applicable GST of the Gifts and Products the subject of your Order at the time you place your Order, plus applicable Fees. All amounts exclude GST unless stated otherwise. The Face Value is payable in full in accordance with clause 5.4 of these terms at the time of placing the Order.
8.2 Fees may be charged on a per Order basis, or on a monthly basis. We will agree this with you when you open your account. You agree:
(a) to pay the Fees at the frequency agreed between us when you open your account; and
(b) that Fees may be deducted from your Balance at the frequency agreed between us.
8.3 There is no fee to open or maintain an account.
8.4 We may change our Fees by giving you at least 30 days’ notice through the Platform or by email. Fee changes do not affect Orders you have already placed.
9. Acceptable use
9.1 You must not, and must ensure that the people using your account do not:
(a) use Gifts or Products to pay your own business expenses, or redeem Gifts intended for recipients yourself, unless we have agreed otherwise in writing;
(b) resell Gifts or Products unless we have agreed in writing;
(c) buy, sell or exchange Gifts or Products for cryptocurrency, or use the Platform in connection with a remittance, money transfer or value transfer service;
(d) use the Platform for any illegal purpose, or in connection with sanctioned countries, entities or persons;
(e) structure Orders to avoid limits or reporting thresholds;
(f) use false, anonymous or disposable recipient email addresses, or misrepresent recipient information;
(g) use bots, scripts or scraping tools on the Platform or against Gift links, or attempt to bypass system limits or security controls; or
(h) interfere with the security or operation of the Platform or attempt to reverse engineer it.
9.2 If we reasonably believe you have breached clause 9.1, we may suspend or close your account immediately and cancel affected Orders. We may also report activity to authorities where the law requires or permits us to do so.
10. Recipient data and privacy
10.1 You will give us personal information about recipients so that we can deliver Gifts. You warrant that you have given all notices to, and hold all consents and permissions from, recipients that are required under applicable privacy laws for us to collect, use, store and disclose their information to provide our services under these terms and conditions.
10.2 For recipient information you provide, you are the controller and we act as your processor, unless a recipient opens their own Giftbee account, in which case we are also a controller. We handle personal information in accordance with our Privacy Policy and Collection Notice (giftbee.com/privacy-policy-and-collection-notice).
10.3 We use sub-processors to run our business. Our current list is published at giftbee.com/giftbee-sub-processors.
11. Confidentiality
11.1 Each of us must keep the other’s confidential information confidential, use it only for the purposes of these terms, and protect it with reasonable care. This does not apply to information that is public (other than through a breach of these terms), independently developed, or required to be disclosed by law.
11.2 This clause survives for 3 years after your account is closed.
12. Intellectual property
12.1 You own all intellectual property rights in your data and your brand assets (Customer IP). You grant us a licence to use the Customer IP only as needed to provide our services to you.
12.2 We own the Platform and the API. To the extent any intellectual property rights are created as a result of your use of the Platform or our delivery of the Services to you, we will own, and you agree to assign to Giftbee, all such intellectual property rights, excluding intellectual property rights in the Customer IP (Services IP).
12.3 We grant you a non-exclusive, non-transferable, revocable licence (excluding the right to sub-licence) to use the Platform and the Services IP solely for your rewards, incentive and gifting programs while you hold an account.
12.4 If you give us feedback or suggestions, we may use them without restriction or payment.
13. Warranties
13.1 Each of us warrants that it has the power and authority to enter into these terms.
13.2 You warrant that:
(a) your rewards, incentive or gifting program and your use of the Platform comply with applicable laws and any use case restrictions we have notified to you; and
(b) the information you give us about your business entity and your rewards, incentive or gifting program is accurate and complete.
13.3 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If you acquire our services as a consumer within the meaning of that law, you may be entitled to a replacement, resupply or refund for a failure, and compensation for other reasonably foreseeable loss or damage.
13.4 Other than as set out in these terms and the guarantees that cannot be excluded, we exclude all other warranties, conditions and guarantees to the extent the law permits.
14. Liability
14.1 To the extent the law permits, neither of us is liable to the other under or arising out of these terms for consequential or indirect loss, including loss of profits, revenue, goodwill, use, increased operating costs, loss of reputation or anticipated savings.
14.2 Subject to clauses 14.3 and 14.4 our total aggregate liability to you arising out of or in connection with all claims arising under these terms, whether arising from a single event or multiple events, and whether arising in contract, tort including negligence, under statute, or otherwise) in respect of all claims made in any 12-month period, will not exceed an amount equal to two percent (2%) of the aggregate Face Value of all Orders accepted by us in the 12-month period immediately preceding the date on which a claim or cause of action arises (or, if shorter, the period from the commencement of these to that date).
14.3 The limitation in clause 14.2 does not apply to:
(a) liability for death or personal injury;
(b) liability for fraud or fraudulent misrepresentation;
(c) liability for wilful misconduct or gross negligence; or
(d) any liability that cannot be limited or excluded by law, including under the Australian Consumer Law.
14.4 The cap in clause 14.2 does not limit our obligation to reissue or refund Gifts and Products under clause 5.8. In addition, nothing in these terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under the Australian Consumer Law to a supply of services.
14.5 Where the Australian Consumer Law applies and permits us to limit our liability for breach of a consumer guarantee, our liability is limited to resupplying the services or paying the cost of resupply, or replacing the goods or paying the cost of replacement.
14.6 Each party’s liability is reduced to the extent that the other party caused or contributed to the loss.
14.7 This clause 14 will survive termination of these terms.
15. Indemnity
15.1 You indemnify and will keep us indemnified against loss we suffer from third party claims arising out of or in connection with: (a) your unlawful use of the Platform, Gifts or Products, or your breach of clause 9 (Acceptable use); (b) your breach of the recipient data warranty in clause 10.1; or (c) your rewards, incentive or gifting program, except to the extent we caused the loss.
16. Suspension, closure and termination
16.1 You can close your account at any time through the Platform or by contacting us. We will refund your remaining Balance in accordance with clause 4.6.
16.2 We may suspend your account or specific Orders immediately where reasonably necessary for security, fraud prevention or legal or regulatory compliance, or where you have not paid an amount that is due. We will inform you of such suspension unless the law prevents us.
16.3 We may close your account: (a) immediately, if you breach these terms and (where the breach can be fixed) do not fix it within 14 days of our notice, if you become insolvent, or in the circumstances described in clause 9.2; or (b) for any other reason, on 14 days’ notice.
16.4 Closure does not affect Gifts already delivered to recipients. We will continue to honour issued Gifts in accordance with the Giftbee Terms of Use and Sale.
16.5 On closure of your account, all amounts you owe us become immediately payable. We will refund your remaining Balance under clause 4.6, less the amounts you owe us.
16.6 Clauses 11, 12, 13, 14, 15, this 16.6 and clause 19 will survive the closure of your account and the termination of these terms.
17. Changes to these terms
17.1 We may update these terms at any time. If a change materially reduces your rights or increases your obligations, we will give you at least 30 days’ notice by email and through the Platform before it takes effect, and you may close your account and receive your Balance refund before the change applies to you.
17.2 For other changes (including changes that benefit you, minor administrative changes, or changes required by law or by our suppliers), we will publish the updated terms with a revised version date and, where practicable, notify you.
17.3 Your continued use of the Platform after a change to these terms takes effect is acceptance of the updated terms. Each version of these terms is archived and available on request.
18. General
18.1 Notices. We will send notices to your account email address, and you can send notices to support@giftbee.com. Keep your email address current.
18.2 Assignment. Neither of us may assign these terms without the other’s consent (not to be unreasonably withheld), except that either of us may assign to a related body corporate or as part of a sale or restructure of its business, on written notice to the other.
18.3 Force majeure. Neither of us is liable for delay or failure caused by events beyond our reasonable control, provided reasonable steps are taken to minimise the impact. If an event beyond our reasonable control takes place that affects the performance of our obligations under these terms, we will contact you as soon as reasonably possible to notify you, and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. To cancel an Order affected by any such event, please contact us. If you opt to cancel, we will refund all amounts you have paid unless the Order has already been claimed by a recipient in which case the Order is not capable of being cancelled.
18.4 Severability. If part of these terms is unenforceable, the rest still applies.
18.5 Waiver. A failure to enforce a right is not a waiver of it.
18.6 Entire agreement. Subject to clause 1.4, these terms are the entire agreement between us in relation to your use of the Platform.
18.7 Governing law. These terms are governed by the laws of Victoria, Australia, and each of us submits to the exclusive jurisdiction of the courts of Victoria.
19. Definitions
In these terms:
(a) Australian Consumer Law means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) Balance means your prepaid deposit balance described in clause 4.
(c) Face Value means the face value of a Gift or Product, as specified in the fee schedule agreed between the parties or as published on the Platform.
(d) Fees means Fees payable by you in relation to Orders submitted through the Platform, as specified in the fee schedule agreed between the parties or as published on the Platform.
(e) Giftbee Terms of Use and Sale means the terms and conditions that apply to a recipient’s claim of a Gift or Product, available at https//www.giftbee.com/giftbee-terms-of-use-and-sale.
(f) Gift means a stored value token or stored value digital representation of a Product issued via the Platform with a Face Value.
(g) Gift Card means a digital or physical gift card issued by a Partner Brand;
(h) Order means a request for Gifts or Products submitted under clause 5.
(i) Partner Brand means a retailer or other provider whose products can be acquired through the Platform.
(j) Platform has the meaning in clause 1.1.
(k) Product means an item of merchandise, a Gift Card or any other item we make available through the Platform.