Terms & Conditions

We have written these Terms and Conditions in plain language so they are easy to understand. By creating an account or using the App, you agree to these Terms. If you have any questions, please contact us at privacy@niftygiftyapp.com before you sign up.

 

These Terms and Conditions ('Terms') are a legal agreement between you and Reputation Continuum Pty Ltd ('we', 'us', 'our'), a company registered in Western Australia, Australia, trading as Nifty Gifty App. They govern your use of the Nifty Gifty App and all related services (together, 'the App').

 

1.  About us and these Terms

Nifty Gifty App is a mobile application that helps you organise gifts and occasions — creating wishlists, coordinating group gifts, and sharing claim links with friends and family.

 

By downloading the App, creating an account, or using any part of our service, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please do not use the App.

 

We may update these Terms from time to time (see Section 18). The latest version is always available in the App under Settings > Legal.

 

2.  Eligibility — who can use the App

To use the App, you must:

• Be at least 13 years old (or older if a higher age is required in your country).

• Have the legal capacity to enter into a binding contract.

• Not be prohibited from using the App under applicable laws.

 

If you are between 13 and 18 (or the applicable age of majority in your country), you must have your parent or guardian’s permission to use the App and agree to these Terms.

 

ⓘ  We do not knowingly allow children under 13 to use the App. If we discover an account belongs to a child under 13, we will close it and delete their data.

 

3.  Creating an account

To use most features of the App, you need to create an account. When you do:

• Provide accurate and complete information, including a valid email address.

• Keep your password secure. You are responsible for all activity on your account.

• Notify us immediately if you suspect unauthorised access to your account.

• Not create accounts for others without their permission.

• Not create more than one account per person.

 

We may suspend or close your account if you provide false information or if we believe your account has been compromised.

 

4.  The free trial

When you sign up, you get 14 days of full access to the App completely free — no credit card required to start your trial.

 

Here is how the trial works:

• Your trial starts the moment you create your account.

• You have full access to all App features for 14 days.

• When your trial ends, you will need to subscribe to continue using the App.

• We will send you a reminder before your trial expires.

• If you do not subscribe when your trial ends, your account will become inactive. We will keep your data for 90 days in case you decide to subscribe later.

 

ⓘ  We offer only one free trial per person. Creating additional accounts to get extra free trials is not permitted and may result in all your accounts being closed.

 

5.  Subscriptions and pricing

Nifty Gifty App costs AU$7.99 per year (or the equivalent in your local currency as shown in the App Store or Google Play). There is no free version — after your 14-day trial, a subscription is required.

 

What your subscription includes

• Full access to all App features.

• Access on all your personal devices.

• All updates and improvements we release during your subscription period.

 

Subscription term and renewal

Your subscription is billed annually. It automatically renews each year on your subscription anniversary date, unless you cancel before the renewal date.

 

We will send you a renewal reminder at least 14 days before your subscription renews. If your renewal payment fails, we will try again for a short period. If payment cannot be collected, your subscription will lapse and your account will become inactive.

 

Pricing changes

We may change our subscription price. If we do, we will give you at least 30 days’ notice before the new price applies to your renewal. You will have the option to cancel before the new price takes effect.

 

ⓘ  Prices shown in the App Store or Google Play may vary from the listed AUD price due to currency conversion and local taxes or fees set by Apple or Google.

 

6.  Billing and payment

Payments are processed by Apple (if you subscribe via the App Store) or Google (if you subscribe via Google Play). We do not collect or store your payment card details directly — this is handled entirely by Apple or Google under their own terms.

 

By subscribing, you authorise Apple or Google to charge your payment method:

• The annual subscription fee on the date you subscribe.

• The same amount (or updated amount as notified) on each subsequent anniversary date until you cancel.

 

Your subscription is managed through your App Store or Google Play account. You can view, change, or cancel your subscription in your device’s subscription settings.

 

7.  Cancellation and refunds

How to cancel

You can cancel your subscription at any time through your App Store or Google Play account settings. Cancelling stops your subscription from renewing — you will still have access to the App until the end of your current paid period.

 

Refunds

Because payments are processed by Apple or Google, refund requests are handled by them under their policies:

• Apple App Store refunds: support.apple.com/en-au/HT204084

• Google Play refunds: support.google.com/googleplay/answer/2479637

 

We will always cooperate with Apple and Google when they investigate a refund request on your behalf. We are not able to issue refunds directly.

 

If you are an Australian consumer, you may also have rights to a refund under the Australian Consumer Law (ACL) if the App has a major fault. These rights exist independently of our refund policy and cannot be excluded.

 

⚠  EU and UK users: under the Consumer Rights Directive and the Consumer Contracts Regulations, you have a 14-day cooling-off period from the date of purchase. However, if you have already started using the App (for example, created an occasion), you may lose the right to a full refund for the portion of the service already provided. Contact us at privacy@niftygiftyapp.com if you wish to exercise this right.

 

8.  Your content

You may enter content into the App — such as occasion names, gift ideas, messages, and contact information for the people you track gifts for. 'Your Content' means all information and content you submit to the App.

 

Your ownership

You own your content. We do not claim ownership of anything you create in the App.

 

Licence you give us

To provide the App’s features, you grant us a limited licence to store, process, and display your content as needed to operate the App. This licence is:

• Non-exclusive — you can use your content wherever else you like.

• Royalty-free — we do not pay you, and you do not pay us, for this licence.

• Worldwide — your data may be processed by our servers in different countries.

• Revocable — it ends when you delete your content or close your account.

 

Your responsibility for content

You are responsible for your content. You must not submit content that:

• Is false, misleading, or fraudulent.

• Infringes anyone’s copyright, trademark, or other intellectual property rights.

• Is harmful, offensive, or threatening.

• Contains anyone’s personal information without their permission.

• Violates any law.

 

Imported contact data

The App lets you add personal information about others — such as a friend’s name, phone number, and birthday — to help you plan gifts and occasions for them. When you do, you warrant that:

• You have a legitimate reason to add that person’s information (for example, you are planning a gift for them and they would reasonably expect you to hold their details for this purpose).

• You will use their information only within the App for its intended purpose of gift planning and occasion management.

• You will promptly remove a person’s information if they ask you to, or if you no longer have a legitimate reason to hold it.

• You will not add information about someone who has contacted us requesting removal of their data from the App.

• Where you add a contact whose selected age range indicates they are a minor (0–3, 4–12, or 13–17), you warrant that you have acknowledged the age verification prompt in the App and confirmed that appropriate parental or guardian awareness is in place. The date, time, and age range of your acknowledgement are recorded against the contact record.

 

By adding another person’s information, you accept responsibility for ensuring that doing so is consistent with your obligations under any applicable privacy laws in your jurisdiction. We process that information on your behalf. Please refer to our Privacy Policy for details of how we handle contact data and the rights those individuals have.

 

ⓘ  If a third party makes a claim against us arising from personal information you have added about them without a legitimate basis, you agree to indemnify us for any resulting losses. See Section 15.

 

Messaging via the App

When you use the App to send a contact a claim link or invitation via SMS or WhatsApp, we store the message text, the recipient’s phone number, and the delivery status in our systems. This stored record is visible to you in the App and is used to confirm delivery. By using the messaging feature, you consent to this storage. Message records are retained for one year from the date of sending or until account closure, whichever is sooner.

 

We may remove content that we believe violates these Terms or applicable law, and we may suspend or close accounts responsible for repeated violations.

 

9.  Acceptable use

You may use the App only for its intended purpose: organising gifts and occasions. You must not:

• Use the App for any unlawful purpose or in a way that violates anyone else’s rights.

• Use the App to send spam, unsolicited messages, or phishing links.

• Attempt to gain unauthorised access to any part of the App or our systems.

• Reverse engineer, decompile, or attempt to extract the App’s source code.

• Use the App to collect data about other users without their consent.

• Use automated tools (bots, scrapers, crawlers) to access the App.

• Resell, sublicence, or commercially exploit the App or any part of it.

• Impersonate any person or misrepresent your affiliation with any person or organisation.

 

Violating these rules may result in your account being suspended or closed without notice and, where appropriate, referred to law enforcement.

 

10.  Our intellectual property

All intellectual property in the App — including the software code, design, graphics, text, logos, and the Nifty Gifty name and branding — is owned by Reputation Continuum Pty Ltd or licensed to us. Nothing in these Terms gives you any rights to our intellectual property.

 

We grant you a personal, non-transferable, non-exclusive, revocable licence to use the App for your own personal, non-commercial purposes in accordance with these Terms. This is the only licence we grant you.

 

If you provide us with feedback or suggestions about the App, you agree that we can use them freely without any obligation to you.

 

11.  Third-party services

The App integrates with third-party services to function, including Apple App Store, Google Play, RevenueCat, Supabase, Klaviyo, and Twilio/SendGrid. These services have their own terms and privacy policies, which you should read. We are not responsible for the practices of these third parties.

 

If any third-party service is unavailable or changes its terms in a way that affects the App, we will do our best to find an alternative, but we cannot guarantee uninterrupted service.

 

ⓘ  Claim links you share allow recipients to view and claim items from your gift lists. You are responsible for who you share these links with. We are not responsible for what recipients do with the links you send them.

 

12.  Availability and changes to the App

We work hard to keep the App available, but we cannot promise uninterrupted access. The App may be unavailable due to:

• Maintenance (we will try to schedule this at low-traffic times and give you advance notice where possible).

• Technical issues or outages beyond our control.

• Events outside our reasonable control (see Section 16).

 

We may update, change, or remove features of the App from time to time. We will notify you of significant changes in the App. We will not remove core gifting and occasion features without reasonable notice.

 

If we decide to shut down the App entirely, we will endeavour to give you at least 60 days’ notice and you may apply for a pro-rated refund for any unused portion of your subscription.

 

13.  Disclaimers

The App is provided 'as is'. To the maximum extent permitted by law, we make no warranties — express or implied — about the App, including:

• That the App will be error-free, uninterrupted, or free of viruses.

• That the App will meet your specific requirements.

• That the information in the App is accurate, complete, or up to date.

 

Nothing in these Terms excludes rights you have under the Australian Consumer Law or other mandatory consumer protection laws in your country. For example, under the ACL, our services come with consumer guarantees that cannot be excluded, restricted, or modified.

 

ⓘ  If you are an Australian consumer, you are entitled to a repair, replacement, or refund if our service has a major fault, and to compensation for any other reasonably foreseeable loss. These rights exist regardless of what these Terms say.

 

14.  Limitation of our liability

To the maximum extent permitted by applicable law:

• Our total liability to you for any claim arising from your use of the App is limited to the amount you paid us in the 12 months before the claim arose (or AU$7.99 if you are in your free trial).

• We are not liable for any indirect, incidental, consequential, or punitive loss — for example, lost data, missed occasions, or emotional distress — even if we were warned such loss was possible.

• We are not responsible for content created by other users or for actions taken by people who receive claim links you share.

 

⚠  These limitations do not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded by law in your jurisdiction, including statutory consumer guarantees under the Australian Consumer Law.

 

15.  Indemnification

You agree to indemnify and hold harmless Reputation Continuum Pty Ltd and its directors, employees, and contractors from any claims, losses, damages, costs, or expenses (including reasonable legal fees) that arise from:

• Your use of the App in violation of these Terms.

• Your content — including anything you share via claim links.

• Your violation of any third party’s rights.

• Any false or misleading information you provide to us.

• Any claim by a third party arising from personal information about them that you have added to the App without a legitimate basis or without their knowledge and reasonable expectation.

 

16.  Events outside our control

We are not responsible for any delay or failure to perform our obligations under these Terms if the delay or failure is caused by events outside our reasonable control, including natural disasters, government actions, internet outages, power failures, cyberattacks, or failures of third-party services. We will take reasonable steps to minimise the impact on you.

 

17.  Termination

You can close your account at any time

You can delete your account in the App under Settings > Account > Delete Account, or by emailing privacy@niftygiftyapp.com. Closing your account cancels your subscription from the next renewal date. You will retain access until the end of your current paid period.

 

We can close your account

We may suspend or close your account if:

• You materially breach these Terms and do not fix the breach within 14 days of notice.

• You breach these Terms in a way that cannot be fixed (for example, illegal activity).

• We are required to do so by law.

 

If we close your account due to our decision to shut down the App, we will endeavour to give you at least 60 days’ notice and you may apply for a pro-rated refund.

 

What happens when an account closes

When your account closes:

• Your access to the App ends.

• We will delete your personal data in line with our Privacy Policy.

• Sections that are meant to survive termination will continue to apply — including Sections 8 (intellectual property in and responsibility for your content), 10 (our IP), 14 (limitation of liability), 15 (indemnification), and 19 (governing law).

 

18.  Changes to these Terms

We may update these Terms from time to time. When we do, we will:

• Update the 'last updated' date at the top of this document.

• Notify you in the App and by email for material changes.

• Give you at least 30 days’ notice before significant changes take effect.

 

If you do not agree with the updated Terms, you can close your account before they take effect. Continuing to use the App after the changes take effect means you accept the new Terms.

 

19.  Governing law and disputes

These Terms are governed by the laws of Western Australia, Australia. Both of us agree that Western Australian courts have jurisdiction to hear any disputes, unless mandatory local law in your country gives your local courts jurisdiction.

 

Resolving disputes — let’s talk first

If you have a complaint or dispute, please contact us at privacy@niftygiftyapp.com first. We will do our best to resolve it promptly and fairly. Most disputes can be resolved without going to court.

 

Consumer dispute rights

Nothing in this section limits your right to:

• Make a complaint to Consumer Protection WA (commerce.wa.gov.au/consumer-protection) or the ACCC (accc.gov.au).

• Use the relevant consumer protection authority in your country.

• Bring a claim in a small claims court or tribunal in your local jurisdiction.

 

ⓘ  EU and UK users: If you are a consumer in the EU, you may also use the EU’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr. UK consumers may contact the Citizens Advice Bureau for guidance.

 

20.  General provisions

Entire agreement: These Terms, together with our Privacy Policy, form the entire agreement between you and us regarding the App. They replace any prior agreements, representations, or understandings.

 

Severability: If any part of these Terms is found to be unenforceable, that part will be modified to the minimum extent necessary, or removed, and the rest of the Terms will continue in full force.

 

No waiver: If we do not enforce a right or provision of these Terms, that does not mean we have waived that right. We may still enforce it in the future.

 

Assignment: You may not transfer your rights or obligations under these Terms to anyone else. We may transfer ours — for example, if we sell the business — but we will notify you first and your rights under these Terms will not be reduced.

 

Language: These Terms are written in English. If there is a translated version and there is a conflict, the English version takes precedence.

 

21.  How to contact us

If you have any questions about these Terms or the App, please contact us:

 

Email: privacy@niftygiftyapp.com

Company: Reputation Continuum Pty Ltd

App: Nifty Gifty App — niftygiftyapp.com

Location: Western Australia, Australia

Response time: We aim to respond to all enquiries within 5 business days.

 

Thank you for using Nifty Gifty App. All your gifting, beautifully organised.

 

 

Nifty Gifty App  ·  Terms and Conditions v5.0  ·  Reputation Continuum Pty Ltd  ·  Western Australia, Australia  ·  privacy@niftygiftyapp.com  ·  Last updated 3 July 2026