1. TERMS OF USE
1.1. The GroupTogether website (“the website”) is owned by GroupTogether Pty Ltd ABN 43 159 697 668 (“GroupTogether”).
1.2. GroupTogether holds copyright over the content, information and software provided on and through the website (“the content”) unless indicated otherwise.
1.3. By accessing and using the website, you hereby agree to the following Terms and Conditions (as amended from time to time).
2. USERS
2.1. The website may be used by persons who wish to organise a gift collection account (the “Organiser”) or persons wishing to contribute to a gift collection account (the “Contributor”) utilising the Website and the GroupTogether registry account (the “Registry Account”).
2.2. The content on the website is divided into two sections: the “Organiser’s Section”, a section that may only be accessed by persons who are the organiser of a Registry Account and the “Contributor’s Section”, a section that may only be accessed by contributors to the Registry Account.
2.3. You will create a unique registry name and password, or other method of access at the sole discretion of GroupTogether (the “Login”). The Login is non-transferable and will not be disclosed to any other person.
2.4. It is your responsibility to keep the details of the Login secure at all times and you accept all liability for any activities whatsoever conducted using your Login. No responsibility is accepted by GroupTogether for unauthorised access to the Registry Account if the password is released or otherwise accessed.
2.5. GroupTogether may, from time to time and in GroupTogether’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.
3. USER CONTENT
3.1. If you upload, contribute post or transmit any content or material to the website then you agree:
3.1.1. That you will not upload any material or information which is or may be offensive, defamatory, obscene, unlawful, vulgar, harmful, pornographic, threatening, abusive, harassing, or ethnically objectionable;
3.1.2. That you will not impersonate any other persons;
3.1.3. That you acknowledge that any content or material uploaded by you might be shared by the Organiser of the collection; and
3.1.4. That GroupTogether can remove any material that you have uploaded that they consider to be a breach of these terms.
4. ORGANISERS
4.1. The Organiser must be over 18 years of age, or have the authority of their parent or guardian to set up the Registry Account and use the website.
4.2. The Organiser (or their parent or guardian) shall, at all material times, maintain a bank account with a recognised financial institution in Australia, and this account shall be used for the deposit of the GroupTogether Registry Payment.
4.3. To access funds from the Registry, the Organiser must have funds in their account and must make a withdrawal request. A delay of up to four business days may occur following the request for funds and no claim may be made against GroupTogether for delays that are beyond the control of GroupTogether.
4.4. If the Registry Account is not accessed for a period in excess of one year, GroupTogether will remit the account proceeds in accordance with the standard “Unclaimed Money” process in the name of the Organiser.
4.5. The Organiser warrants that it is not utilising the website for any illegal or improper purpose, and fully and completely indemnifies GroupTogether and its owners in respect of any liability that arises in relation to or as a result of any improper activity.
5. CONTRIBUTIONS
5.1. Contributors must provide details of a valid credit card in order for their contribution to be effected.
5.2. A service fee will be charged on each contribution and either added to the contribution amount or subtracted from the contribution amount in accordance with the choice made by the Organiser when creating the Registry Account.
5.3. The contribution made by the Contributor is refundable to the Contributor in the circumstance that the Organiser has cancelled a Collection before the expiry or end date designated by the Organiser (the Collection Close Date). All contributions shall be refunded less any service or administrative fees and Contributors must supply GroupTogether with the email receipt sent by GroupTogether in order for a contribution to be effected.
5.4. GroupTogether makes no representation and gives no warranty that the Organiser will use the contribution in any particular way or for a particular purpose, or that it will be used in the way that the Organiser has represented to the Contributor (if any).
5.5. In utilising this service, all Organisers and Contributors herewith agree that GroupTogether shall not bear any liability for any theft, fraud or misuse of funds by either an Organiser or Contributor in any respect.
5.6. All risk in relation to utilisation or use of the contribution by the Organiser remains solely with the Contributor. The Contributor and the Organiser fully and completely releases and indemnifies GroupTogether in relation to any issue, claim, indirect or consequential loss or other damage suffered by either of them.
6. WEBSITE SECURITY
6.1. The website is fully secure and uses 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 transactions over the Internet. Following completion of the relevant transactions, GroupTogether does not store credit card details.
7. LINKS TO OTHER WEBSITES
7.1. This website contains links to sites on the Internet owned and operated by third parties which are not under the control of GroupTogether (the “External Websites”).
7.2. GroupTogether provides the link(s) to External Websites as a convenience to you and the provision of that link does not imply any convenience to you and the provision of that link does not imply any endorsement by GroupTogether of the External Website.
7.3. GroupTogether is not responsible for the material contained on those External Websites and makes no warranties and accepts no liability in relation to material contained on those External Websites.
8. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
8.1. GroupTogether and others own and reserve all intellectual property rights, including but not limited to, copyright in the content, systems or services provided by the 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.
8.2. You agree that the website and its content are protected by copyright, trademark, patent or other proprietary rights and laws. Except with the express written consent of GroupTogether, you must not use the 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.
8.3. 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 and will not use any software, device, or manual process to monitor or copy this website or the content without GroupTogether’s prior written permission.
8.4. 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 to cause harm, damage or loss of any kind whatsoever to GroupTogether or to any other person and you must not modify or copy the layout of this website or any computer software or code contained in this website.
9. ACKNOWLEDGEMENT AND WARRANTY
9.1. You acknowledge and agree that:
9.1.1. The views expressed in the content are not necessarily the views of GroupTogether and the expression of a view does not imply endorsement of a product or service; and
9.1.2. The information contained in the content may be out of date and will not be relied upon without first making independent enquiries to verify facts.
9.2. 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.
9.3. To the fullest extent permitted by law, GroupTogether disclaims any and all express or implied warranties, guarantees or representations regarding:
9.3.1. The accuracy, reliability, timeliness or otherwise of any information contained or referred to on this website, the content or on any External Websites; and
9.3.2. The merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on this website, the content, or on any External Websites.
9.4. You acknowledge and agree that GroupTogether 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.
10. LIABILITY
10.1. GroupTogether 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, which are the consequence of you:
10.1.1. Acting, or failing to act, on any information contained on or referred to on this website, the Content, or any of the External Websites; or
10.1.2. 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 Websites.
10.2. GroupTogether shall not be liable for: errors or omissions in the website, the content or on External Websites; delays to, interruptions of or cessation of the services provided; or defamatory, offensive or illegal content on the website, whether caused through negligence of GroupTogether, its employees or independent contractors, or through any other cause.
11. TERMINATION OF ACCESS
11.1. GroupTogether may terminate access to the website at any time without giving any explanation or justification for the termination of access.
11.2. In the event of termination of access to the Website, GroupTogether will immediately remit to the Organiser the funds in credit in the Registry Account.
11.3. The disclaimers, limitations on liability and indemnities in these Terms and Conditions continue despite discontinuation or suspension of your access to the website.
11.4. GroupTogether has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
12. GENERAL
12.1. In the event that any of the provisions contained in these Terms and Conditions are found to be invalid or unenforceable, such provisions shall be deemed deleted and the validity and enforceability of the remaining provisions shall continue unimpaired.
12.2. GroupTogether’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
12.3. 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.
13. GOVERNING LAW
13.1. These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts and tribunals in that State.