WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

• (a) Welcome to www.fundmygift.com.au (Website). The Website facilitates interactions between:
  • (i) parties providing services (Provider); and
  • (ii) parties receiving services (Receiver),
  making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (Services).
• (b) The Website is operated by Fund My Gift Pty Ltd. Access to and use of the Website, or any of its associated products or Services, is provided by Fund My Gift Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
• (c) Fund My Gift Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fund My Gift Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Fund My Gift Pty Ltd in the user interface.

3. The Services

• (a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account).
• (b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • (i) Email address
  • (ii) Preferred username
  • (iii) Mailing address
  • (iv) Telephone number
  • (v) Password
• (c) You warrant that any information you give to Fund My Gift Pty Ltd in the course of completing the registration process will always be accurate, correct, and up to date.
• (d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
• (e) You may not use the Services and may not accept the Terms if:
  • (i) you are not of legal age to form a binding contract with Fund My Gift Pty Ltd; or
  • (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

• (a) You will not share your profile with any other person;
• (b) You will use the Services only for purposes that are permitted by:
  • (i) The Terms; and
  • (ii) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• (c) You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
• (d) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Fund My Gift Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• (e) You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
• (f) Any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct, and up to date and you will maintain reasonable records of Your Content.
• (g) You agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
• (h) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
• (i) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Fund My Gift Pty Ltd;
• (j) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• (k) You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Fund My Gift Pty Ltd for any illegal or unauthorised use of the Website; and
• (l) You acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Using the Website as the Receiver

By using the website, be it as a registered or unregistered Member, you agree to:

• Conform to all platform policies, terms, and conditions that govern the use of the Website.
• The collection of your shipping information including your name, address, and email by the platform. You agree to provide information that is accurate, complete, and up to date.

Registered Members may exercise the following privileges:

• Initiation of funds pooling by creating a group. As the group's creator, you will assume the position of the super admin.
• As a super admin, you will have the authority to assign or revoke admin roles to members, approve joining members who are child records or those who join without an invitation, and alter the group settings such as name, description, start and end dates, and group image.
• Users bestowed with admin designation will enjoy similar privileges as the super admin, barring the ability to revoke admin access of other members.
• Members can extend group joining invitations to others via email. Those who accept the invitation will be added to the group automatically, with a username and password generated for them.
• Usernames can be changed using the account management feature on the Dashboard.
• Password changes should be made via the forgot password facility on the login page.
• Profile name and image can be updated within the group. Note that the profile name, visible to other platform users, is distinct from the account name used for login.
• Users may alter their group roles to be a donor, a donee, or both. Donors contribute to the group without expecting a return at the end of group funding, while donees receive an amount at the end of group funding.
• Donors will have access to the donate button.
• Members can add and manage child accounts in the group, given the children are incapable of registering themselves.
• At the culmination of group funding, the pooled funds will be equally divided among all donees. The designated amount will be converted into store credits for use within the platform. For child accounts in the group, their store credits will be allocated to the managing parent.
• Users can procure items on the platform using PayPal, Debit card, Credit card, Store credits, or a blend of Store credits and another payment method.
• By using this platform, you concur to the rules and policies stipulated above. Any violation of these rules or policies could lead to penalties such as limitation of access or account suspension.

6. Definition of a Child Account

A "Child Account" refers to an account or entry within a group that is managed by a parent or guardian ("Managing Parent"). Child Accounts are not standalone, registered accounts on the platform; rather, they are added by a Managing Parent specifically for the purpose of receiving gifts or benefits through the group's activities.

• Child Accounts do not have the ability to log in, manage settings, or perform any actions within the platform.
• Any store credits or benefits accrued to a Child Account will be allocated to the Managing Parent's account for use within the platform.
• The Managing Parent assumes full responsibility for all activities and interactions pertaining to the Child Account within the group.

7. Using the Website as the Provider

• By signing up as a Provider or Merchant, you are deemed to have agreed to the following:
• You affirm your legal operational status within Australia and compliance with all pertinent laws and regulations.
• You acknowledge and accept that transactions processed through payment gateways, such as PayPal, Debit card, and Credit card providers, may attract associated fees. Additionally, you consent to pay a service fee to the Platform, which is 6% of the transaction value. This fee encompasses the costs incurred from the payment gateways. Please note that this platform fee does not include any GST (Goods and Services Tax) fees. The platform fee is subject to change at any time at our sole discretion.
• You will take complete responsibility for managing your products listed on the Website. This includes ensuring product availability and providing accurate and lawful product information.
• You commit to using the 'My Orders' function on the Dashboard to update the purchase status promptly.
• You are obligated to provide and maintain accurate, current information, including your legal business name, address, contact number, and Australian Business Number (ABN) or Australian Company Number (ACN).
• You will choose your preferred method of payment settlement from the Website's options: Direct credit to an Australian bank account, Payment via PayID, Payment via PayPal. You acknowledge the potential transaction fees if you choose PayPal settlement.
• In the event of cancelled or refunded orders: You agree to cancel or adjust orders accordingly should a purchased item be unavailable. The Website will facilitate the refund process and determine the settlement amount due to you. If an order is entirely cancelled, the transaction fees incurred during the original transaction will be borne by you.
• If a refund is requested after you have received the purchase amount, you acknowledge that it is your responsibility to resolve the matter with the customer directly, unless stated otherwise in the Website's Refund and Return Policy.
• You consent to the dispatch of an email confirmation containing your and the Website's information to the Customer when an order is placed.
• You agree to update the status of the order using the 'My Orders' function on the Dashboard promptly upon receipt of an email notification from the Website signalling a new order.
• You accept that the Website will settle the purchase amount upon your acceptance of an order.
• You will have the ability to set your own shipping types and prices, in accordance with your products. The Website assumes that all shipping prices set by you are fair and reasonable.
• You acknowledge that customer invoices are automatically generated post order acceptance. If an order is partially cancelled by you, the generated invoice will reflect these adjustments.
• In case of a dispute between you and a Customer, or between you and the Website, you agree to follow the Dispute Resolution process as outlined in the Website's Dispute Resolution Policy.
• You consent to all the terms and conditions outlined above. Either party may terminate this agreement with written notice. Any violation of the terms in this agreement may result in immediate termination of the agreement and possible legal action.
• This agreement supersedes all previous oral or written agreements, understandings, or arrangements relating to this subject matter, representing the entire agreement between the parties.

8. Provider's Payment

• (a) By using the services offered by our Platform, you agree to the following payment arrangement:
  • (i) 6% Platform Fee
• (b) All transactions conducted on our Platform will incur a 6% platform fee. This fee encompasses charges associated with the use of payment gateways such as PayPal, Debit and Credit card providers, and our service fee. Please note that this platform fee does not include any GST (Goods and Services Tax) fees. The platform fee is subject to change at any time at our sole discretion.
• (c) Settlement
  • (i) During the settlement process, if the Provider opts for settlement via PayPal, they acknowledge and agree that additional charges may apply as per PayPal's terms and conditions
• (d) Listing and Subscription Fees
  • (i) Provider may be subject to listing fees for each product they list on the Platform and subscription fees for the usage of the Platform and its services. The details of these fees will be communicated to the Provider at the point of listing or subscription.
• (e) In utilizing our Platform, the Services, or when making any payment related to your use of the Services, you affirm that you have read, comprehended, and agree to abide by these terms.

9. Refund Policy

• (a) Considering Fund My Gift Pty Ltd as a facilitator in introducing the Receiver to the Provider, and providing a system for secure payment, it is essential to outline the refund policy for clarity and ease of operation.
• (b) If a Receiver, hereafter referred to as a Customer, is unsatisfied with their purchase, they may request a refund within thirty (30) days after receiving their item. This request must be initiated through the My Orders section on the Customer's dashboard.
• (c) For a refund request to be considered, it is required that the returned items maintain their original condition - unopened, unused, and undamaged, inclusive of all original packaging materials. However, certain types of items are exempt from being returned for a refund, including perishable goods, personalized or custom-made items, hazardous materials, flammable liquids or gases, gift cards, downloadable software products, health and personal care items, and more. The list of exemptions is subject to updates as necessary.
• (d) Upon receipt and inspection of a refund request, the Provider shall notify the Customer of the approval or rejection of their refund. If approved, the Provider, having already received the payment, will process the refund, and a credit will subsequently be issued to the original method of payment or through store credits within a designated timeframe.
• (e) There are circumstances where only partial refunds may be granted, such as in cases where items are not in their original condition, items damaged or missing parts not due to our error, and items returned more than a specified number of days after delivery.
• (f) In situations where a purchased item is unavailable, the Provider has the responsibility to cancel the order, and Fund My Gift Pty Ltd will facilitate the refund process.
• (g) In regards to shipping costs, the Customer is liable for all costs related to the return of the item, and it should be noted that the original shipping costs are non-refundable.
• (h) In the event of a dispute between the Provider and the Customer regarding a refund, the Fund My Gift Pty Ltd dispute resolution team will intervene to find a fair solution, in accordance with our Dispute Resolution Policy.
• (i) For any queries or clarifications regarding our refund policy, please contact Fund My Gift Pty Ltd through the Contact Us section of the Website.
• (j) This policy may be updated from time to time, and the continued use of our platform signifies acceptance of any changes made to the refund policy.

10. Copyright and Intellectual Property

• (a) The Website, the Services and all of the related products of Fund My Gift Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.
• (b) All trademarks, service marks and trade names are owned, registered and/or licensed by Fund My Gift Pty Ltd. Permissions for Members include:
• (i) Use of the Website pursuant to the Terms.
• (ii) Copy and store the Website and the material contained in the Website in your device's cache memory.
• (iii) Print pages from the Website for your own personal and non-commercial use.
• (c) Fund My Gift Pty Ltd retains all rights, title, and interest in and to the Website and all related Services.
• (d) You may not, without the prior written permission of Fund My Gift Pty Ltd and the permission of any other relevant rights owners, undertake certain actions such as broadcasting, republishing, uploading to a third party, etc.
• (e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, you grant to Fund My Gift Pty Ltd certain rights as outlined.

11. Privacy

• Fund My Gift Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Fund My Gift Pty Ltd's Privacy Policy, which is available on the Website.

12. General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Fund My Gift Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
• Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
• You acknowledge that Fund My Gift Pty Ltd may, at its sole discretion, post products on the Website to facilitate availability, particularly when there are limited Providers on board. Additionally, Fund My Gift Pty Ltd may cater to product requests by Users when Providers cannot or choose not to fulfill such requests. These actions are intended to enhance the service offering and are part of the Services provided by Fund My Gift Pty Ltd.
• You further acknowledge that Fund My Gift Pty Ltd Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Fund My Gift Pty Ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party.

13. Limitation of Liability

• Fund My Gift Pty Ltd's total liability arising out of or in connection with the Services or these Terms will not exceed the resupply of the Services to you.
• You expressly understand and agree that Fund My Gift Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages.
• You acknowledge and agree that Fund My Gift Pty Ltd holds no liability for any damages incurred by you as a result of providing Your Content to the Website.

14. Termination of Contract

• If you want to terminate the Terms, you may do so by providing Fund My Gift Pty Ltd with 14 days' notice of your intention to terminate.
• Fund My Gift Pty Ltd may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Fund My Gift Pty Ltd is required to do so by law;
  • Fund My Gift Pty Ltd is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service;
  • the provision of the Services to you by Fund My Gift Pty Ltd is, in the opinion of Fund My Gift Pty Ltd, no longer commercially viable.
• Subject to local applicable laws, Fund My Gift Pty Ltd reserves the right to discontinue or cancel your membership at any time.
• When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Fund My Gift Pty Ltd have benefited from shall be unaffected by this cessation.

15. Indemnity

• You agree to indemnify Fund My Gift Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or arising out of Your Content;
  • any direct or indirect consequences of accessing, using or transacting on the Website;
  • any breach of the Terms.

16. Dispute Resolution

• This policy outlines the process followed in the event of any disputes arising from transactions conducted on our platform.
• (a) Reporting a Dispute:
  • Any user should promptly notify us of any dispute by completing a Dispute Form, which requests details about the transaction, the involved parties, and the nature of the issue. Disputes must be reported within a 14-day period from the date of the transaction or the occurrence of the incident.
• (b) Acknowledgment of Dispute:
  • We will acknowledge receipt of your dispute within 2-3 business days. During this stage, we will provide a unique dispute ID for tracking the dispute's status and an approximate timeline for its resolution.
• (c) Dispute Investigation:
  • Our dedicated Dispute Resolution Team will investigate the issue by examining transaction records, communications between parties, and any other relevant information. If necessary, we may reach out to both parties for additional information.
• (d) Mediation:
  • In case the dispute remains unresolved after direct communication between the parties and our Dispute Resolution Team, we may involve a neutral third-party mediator to facilitate an agreeable resolution.
• (e) Platform Decision:
  • If a resolution is not achieved after mediation, we will make a final decision on the dispute, guided by our Terms and Conditions and any other relevant guidelines or policies. Both parties will be informed of this decision.
• (f) Appeal Process:
  • Any party unsatisfied with the decision can file an appeal within a 14-day period following the decision notification. This appeal will be reviewed by a senior member of the Dispute Resolution Team, whose decision will be deemed final.
• (g) Resolution Implementation:
  • Following the establishment of a final decision, we will carry out the agreed resolution. This could include facilitating a refund, issuing store credits, or executing other agreed-upon actions.
• (h) Record Keeping:
  • In line with our Privacy Policy, we will maintain records of all disputes and their respective outcomes for a period of 5-7 years.
• (i) Policy Review:
  • This Dispute Resolution Policy is regularly reviewed to ensure it continues to meet the needs of our users and complies with current laws and regulations.

17. Venue and Jurisdiction

• The Services offered by Fund My Gift Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory, Australia.

18. Governing Law

• The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Last updated: 24 October 2023

Version: 2.0