Terms of Service

Please read these terms carefully before using our website

Welcome to Happy Birthday Wishes Australia. These Terms of Service ("Terms") govern your access to and use of our website at happybirthdaywishes.au. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

Last Updated: December 2025

1. Acceptance of Terms

By accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and Happy Birthday Wishes Australia.

2. Description of Service

Happy Birthday Wishes Australia provides a free online resource offering:

  • Curated collections of birthday wishes and messages for various occasions and relationships
  • A birthday wish generator tool to help create personalised messages
  • Blog articles with tips and guides on birthday greetings and celebrations
  • Educational content about birthday traditions and etiquette

Our service is provided free of charge and is supported by advertising.

3. Use of Content

Personal Use

The birthday wishes, messages, and content on our website are provided for your personal, non-commercial use. You may:

  • Read and browse our content freely
  • Copy birthday wishes to send to friends, family, and loved ones
  • Share our content via social media with proper attribution
  • Use our birthday wish generator tool to create personalised messages

Restrictions

You may not:

  • Reproduce, distribute, or publish our content for commercial purposes without written permission
  • Create derivative works based on our content for sale or commercial distribution
  • Scrape, crawl, or use automated systems to extract content from our website
  • Remove or alter any copyright notices or attributions from our content
  • Frame or mirror any part of our website without permission

4. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Happy Birthday Wishes Australia or its content providers and is protected by Australian and international copyright laws.

The Happy Birthday Wishes Australia name, logo, and all related names, logos, and service marks are trademarks of Happy Birthday Wishes Australia. You may not use these marks without our prior written permission.

5. User Conduct

When using our website, you agree to:

  • Comply with all applicable Australian laws and regulations
  • Not engage in any activity that interferes with or disrupts our services
  • Not attempt to gain unauthorised access to any part of our website or systems
  • Not use our website to transmit any harmful, offensive, or illegal content
  • Not impersonate any person or entity or misrepresent your affiliation
  • Respect the intellectual property rights of Happy Birthday Wishes Australia and third parties

6. Third-Party Links and Content

Our website may contain links to third-party websites or services that are not owned or controlled by Happy Birthday Wishes Australia. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly advise you to read the terms and privacy policies of any third-party websites you visit through links on our site.

7. Advertising

Our website displays advertisements provided by Google AdSense and other advertising networks. These advertisements help support our free service. By using our website, you acknowledge and accept the presence of advertising content.

We are not responsible for the content of advertisements displayed on our website. Any transactions between you and advertisers are solely between you and the advertiser.

8. Disclaimer of Warranties

Our website and content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content

While we strive to provide helpful and accurate birthday wishes and content, we make no guarantees about the suitability of our content for your specific needs or relationships.

9. Limitation of Liability

To the maximum extent permitted by Australian law, Happy Birthday Wishes Australia and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, use, or goodwill
  • Any damages arising from the use or inability to use our website
  • Any content obtained from our website
  • Unauthorised access to or alteration of your transmissions or data

10. Indemnification

You agree to defend, indemnify, and hold harmless Happy Birthday Wishes Australia, its operators, affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of our website or violation of these Terms.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the updated Terms on this page with a revised "Last Updated" date.

Your continued use of our website after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.

12. Termination

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use our website will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of Australia.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Happy Birthday Wishes Australia regarding your use of our website and supersede all prior agreements and understandings.

16. Contact Information

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

17. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.