GROUPGIFT WEBSITE -
TERMS AND CONDITIONS

The GroupGift website (“Website”) is owned by GroupGift (NSW BN98504643) (“GroupGift”). This Website and the material on it is copyrighted to GroupGift and other copyright owners. All content, information and software provided on and through this Website (“Content”) may only be used in accordance with the following terms and conditions (“Terms and Conditions”). In these Terms and Conditions we refer to the person who accesses this Website as either “you” or “your”, as the context may require.

• Access and use
  • Your access to and use of this Website is conditional on your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions then you must not access or use or must immediately cease all access or use of this Website.
  • By accessing, or by continuing to access, this Website you are agreeing to be bound by these Terms and Conditions.
• Users
  • The Website may be used by persons who wish to organise a gift collection account (the “Creator”) utilising the Website and the GroupGift registry account (the “Registry Account”);
  • The Website may also be used by persons who wish to contribute to a Registry Account (the “Contributor”) using the Website.
• Content
  • The Content on this Website is divided into two sections:
    • a section that may only be accessed by persons who are the organisers of a Registry Account (the “Creator’s Section”); and
    • a section that may be accessed by Contributors to the Registry Account (the “Contributors Section”).
• Creator's section
  • In the event that you wish to access the Creator’s Section, you will create a unique registry name and password, or other method of access at the sole discretion of GroupGift (the “Login”).
  • The Login shall be used by you only if:
    • you have accepted and agreed to act in accordance with these Terms and Conditions;
    • you are over the age of 18, or you have authority to use the Website from a parent or guardian.
  • You agree that:
    • the Login is required to access the Creators’ Section;
    • you shall not access the Creators’ Section without having first created the Login in accordance with these Terms and Conditions;
    • the Login is nontransferable;
    • you shall not disclose the Login to any other person;
    • you shall kept the details of the Login safe and confidential; and
    • you accept all liability for any activities whatsoever conducted using your Login;
    • you shall, at all material times, maintain a bank account with a recognized Australian bank or credit union, and that this account shall be used for the deposit of the GroupGift Registry payment.
  • You agree that GroupGift may, from time to time and in GroupGift’s sole discretion:
    • revoke, vary, suspend or cancel the Login;
    • carry out maintenance or other work on this Website that may limit or deny access to you; or
    • limit or deny access to this Website or part of this Website, for any reason.
• User content
  • If you upload, contribute post or transmit (jointly referred to as “upload” or “uploaded”) any content or material (including, but not limited to any messages, photo’s and video’s) to the Website then you agree:
    • that you will not upload any material or information which or may be offensive, defamatory, obscene, unlawful, vulgar, harmful, pornographic, threatening, abusive, harassing, or ethnically objectionable;
    • that you will not impersonate any other persons;
    • save for your personal and financial information, that you acknowledge that any content or material uploaded by you is public and is not confidential in any way;
    • we may use any content or material uploaded by you in any way;
    • that we can remove any material that you have uploaded that we consider to be a breach of these terms; and
    • that the release in clause 12 and the indemnities referred to in clause13 apply to.
• Website specific security and privacy
  • The order process on this Website is fully secure using 128 bit encryption. The 128-bit SSL (Secure Sockets Layer) gives you the highest level of protection possible whenever you use credit cards or make other financial or confidential transactions over the internet. Following completion of the relevant transactions, payment and credit card details are not stored by GroupGift.
  • GroupGift shall comply with its online privacy policy.
  • In accordance with our privacy policy, unless you object, your information (including your name, email address and date of birth) may be used:
    • to send news, information about our activities and general promotional material;
    • to monitor who is accessing the Website or using services offered on the Website;
    • to profile the type of people accessing the Website;
    • to identify you; and
    • to gather data necessary for us to be able to provide the services that are available through the Website.
• Contributions
  • The contribution made by the Contributor is non-refundable to the Contributor in any circumstances.
  • All contributions shall be paid out to the Creator of the Registry Account in accordance with these Terms and Conditions.
  • Contributors must provide details of a valid credit card in order for the contribution to be effected.
  • A service fee will be charged on each contribution and added to the contribution amount. For avoidance of any doubt, the charge to your credit card will be your contribution plus the service fee.
  • An individual Contributor may only deposit sums up to $500 in any single Registry Account.
  • GroupGift makes no representation and gives no warranty that the contribution will be used in any particular way by the Creator, or that it will be used in the way that the Creator has represented to the Contributor (if any). All risk in relation to utilisation or use of the contribution by the Creator remains solely with the Contributor, and the Contributor and the Creator fully and completely release and indemnify GroupGift in relation to any issue, claim, indirect or consequential loss or other damage suffered by either of them.
• Creator
  • The Creator must be over the age of 18, or have the authority of a parent or guardian set to up the Registry Account.
  • The Creator, or their parent or guardian must have a bank account open and operating with a recognised financial institution in Australia.
  • To access the Registry Account, the Creator will create a password. The Creator must keep that password secure at all times. No responsibility is accepted for unauthorised access to the Registry Account if the password is released or otherwise accessed.
  • To access funds from the Registry, the Creator must:
    • have funds in the account; and
    • make a withdrawal request.
  • A delay of up to 4 days may occur following the request for funds. No claim may be made against GroupGift for delays that are beyond the control of GroupGift.
  • If the Registry Account is not accessed for a period in excess of two years, GroupGift will remit the account proceeds in accordance with the standard “Unclaimed Money” process in the name of the Creator.
  • The Creator warrants that it is not utilising the Website for any illegal or improper purpose, and fully and completely indemnifies GroupGift and its owners in respect of any liability that arises in relation to or as a result of any improper activity.
• Links to other websites
  • This Website contains links to sites on the internet owned and operated by third parties and which are not under the control of GroupGift (the “External Web Sites”).
  • In relation to External Web Sites, which are linked to this Website, GroupGift:
    • provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by GroupGift of the External Web Sites;
    • is not responsible for the material contained on those External Web Sites; and
    • makes no warranties and accepts no liability in relation to material contained on those External Web Sites.
• Intellectual property rights and licence
  • GroupGift and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content or services provided by this Website.
  • Except as expressly provided in these Terms and Conditions, nothing set out in these Terms and Conditions shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
  • You agree that the Content and this Website are protected by copyright, trademark, patent or other proprietary rights and laws.
  • Except with the express written consent of GroupGift, you must not use this Website or the Content, for any of the following purposes:
    • the reproduction of the Content in any material form;
    • the distribution of the Content in any material form;
    • re-transmission of the Content by any medium of communication;
    • uploading or reposting the Content to any other site or location on the internet, on-line service or bulletin board; or
    • “framing” the material on this Website with other material on any other internet site or location, on-line service or bulletin board.
  • You must not:
    • decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You agree that you shall not use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users.
    • use any software, device, or manual process to monitor or copy this Website or the Content without GroupGift’s prior written permission. Any unauthorised use of this Website or its Content is prohibited. Without limiting the generality of this clause you must not cache the Content of this Website without the consent of GroupGift.
    • use the Content of this Website to cause harm, damage or loss of any kind whatsoever to GroupGift or to any other person.
    • modify or copy:
      • the layout of this Website; or
      • any computer software or code contained in this Website.
• Acknowledgement and warranty
  • You acknowledge and agree that:
    • the views expressed in the Content are not necessarily the views of GroupGift;
    • the expression of a view does not imply endorsement of a product or service;
    • the information contained in the Content may be out of date; and
    • you will not rely on any of the Content without first making independent enquiries to verify facts.
  • This Website is provided on an ‘as is, as available’ basis. You accept that the Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be guaranteed.
  • To the fullest extent permitted by law, GroupGift disclaims any and all express or implied warranties, guarantees or representations regarding:
    • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content or on any External Web Sites; and
    • the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this Website, the Content, the materials or on any External Web Sites.
  • You acknowledge and agree that GroupGift does not warrant, guarantee or make any representation that:
    • this Website, the Content or the server that makes the Website available on the internet are free of software viruses;
    • the functions contained in any software contained on this Website or the Content will operate uninterrupted or are error-free; or that
    • errors and defects in this Website or the Content will be corrected.
• Liability
  • GroupGift shall not be liable under any circumstances for any indirect or consequential loss including but not limited to loss of profits or any damages of any kind recognised by law (even if GroupGift has been advised of the possibility of such loss or damages) which are the consequence of you:
    • acting, or failing to act, on any information contained on or referred to on this Website, the Content, or any of the External Web Sites; or
    • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website, the Content or any External Web Sites.
  • You agree that GroupGift is not liable to you for:
    • errors or omissions in the Website, the Content or on External Web Sites;
    • delays to, interruptions of or cessation of the services provided in the Website, the Content, or External Web Sites; or
    • defamatory, offensive or illegal Content on the Website, whether caused through negligence of GroupGift, its employees or independent contractors, or through any other cause.
  • You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Website or the Content.
  • To the extent that the limitation of liability contained in this (clause 12) is prohibited, you agree that GroupGift’s sole obligation to you for any indirect or consequential loss, injury, claim, liability or damage of any kind resulting from your access or use of this Website shall be limited to the refund of the fees and charges paid by you to GroupGift, if any.
• Indemnity
  • You, whether the Creator or a Contributor, will at all times indemnify, keep indemnified, defend and hold harmless GroupGift and its respective officers, employees and agents (“Those Indemnified”), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you or your use of the materials, the Content or any materials or information supplied to you under these Terms and Conditions.
• Confidentiality and use of information provided by you
  • Apart from your personal contact, financial and banking details, information uploaded by you to the Website is not confidential and is available for public consideration. GroupGift will treat as confidential information all personal contact, financial and banking information provided to by you. GroupGift will not disclose confidential information to any third party except where the third party is either contracted or licensed to GroupGift to assist GroupGift in fulfilling its obligations under these Terms and Conditions.
  • If you purchase products or services from GroupGift then you agree that GroupGift may disclose your personal contact details for the purpose of providing you with the additional GroupGift products or services or related products or services.
• Termination of access
  • GroupGift may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and GroupGift has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
  • In the event of termination of access to the Website, GroupGift will immediately remit to the Creator the funds in credit in the Registry Account.
• Severance and jurisdiction
  • If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
  • These Terms and Conditions will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
  • You agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales to determine any dispute arising out of these Terms and Conditions.
• General
  • The disclaimers, limitations on liability and indemnities in these Terms and Conditions continue despite discontinuation or suspension of your access to this Website.
  • These Terms and Conditions will be governed by and interpreted in accordance with the law of the State of New South Wales, without giving effect to any principles of conflicts of laws.
  • GroupGift’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms and Conditions does not prevent any other exercise of that right, or the exercise of any other right.

ONLINE PRIVACY POLICY

We may collect website visitor’s contact information (like your name, email address and date of birth). We collect that information from you in a number of ways including:

• directly from you (such as when you enter your personal details on our website);
• when your information is provided to us by your representative;
• from publicly available sources of information;
• from our own records from your dealings with us in the past.

• Unless you object, this information may be used:
  • to send news, information about our activities and general promotion material;
  • to monitor who is accessing the website or using services offered on the website;
  • to profile the type of people accessing the website;
  • to identify you; and
  • to gather data necessary for us to be able to provide the services that are available through the website.

If you do not wish to have your personal information used in this matter or for any other specific purpose you can email us accordingly.

We utilize cookies to enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We do not provide any personal information to any third parties other than those who are required to assist us in providing the services to you, or where required by law or as otherwise set out in this policy. We will not sell, trade or rent your personal information to others. We may provide aggregate statistics on users of our website to third parties such as advertisers, but these statistics will include no personal identifying information. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

We will co-operate with law enforcement agencies as required by law.

We may employ other companies or individuals to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but they cannot use that information for other purposes.

• If you request us not to use personal in a particular way or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
  • we subsequently notify you of the intended use or disclosure of the information and you do not object to that use or disclosure;
  • we believe that use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
  • we are required by law to disclose the information.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

You are entitled to have access to any personal information relating to you which you have previously supplied to us. You are entitled to edit or delete such information unless we are required, by law, to retain it.The copyright and related rights in all materials sent to you belongs to, is licensed to or is authorised for use by us. We permit you to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use, stored or transmitted in any other website or distributed in any form without the prior permission of us.

If you wish to comment on or query our Privacy Policy, or you wish to make an enquiry regarding any personal information relating to you which may be in our possession, contact us on contact@groupgift.com.au.