Welcome to www.onegiftwonder.com.au (the “Website”) of One Gift Wonder Pty Ltd (ACN 627 243 841) having its registered office located at PO Box 12186, A’Beckett Street, VIC 8006, (“One Gift Wonder”, “us”, “we” or “our”).
If you do not accept these Terms, do not proceed to use this Website.
ABOUT ONE GIFT WONDER AND OUR SERVICE
One Gift Wonder is a website that enables users to create an online campaign, share a link to collect money for a preferred gift, and a portion of the money collected is donated to an Australian charity they wish to support.
As a Guest, One Gift Wonder allows you to freely choose the amount you wish to contribute towards a meaningful gift for a person for whom a campaign is being hosted. The host of the campaign (“Host”) will share with you via email or QR code a unique link to our Website to support a charity of their choice being a charity registered with the Australian Charities and Not-For Profits Commission (ACNC) (“Nominated Charity”).
As a Guest, you may:
Upon receiving a campaign link, you may use our approved online payment provider (“Payment Provider“) to contribute Gift Money. You will be asked to provide your name and email address for the purposes of providing you with a receipt of payment.
To pay by credit card, you will be required to enter credit card details (name, credit card number, expiry date and CCV number) in order to effect the payment.
Your provision of credit card details, payment details and personal information to the Payment Provider (“Payment Information”) is governed by the Payment Provider’s own terms and conditions.
Payment Information is directly submitted to the Payment Provider and One Gift Wonder does not have access to nor retains such information.
All payment amounts will incur a payment gateway fee and any fraud related chargeback fees as follows (“Payment Provider Processing Fee”):
One Gift Wonder does not monitor Gift Money contributed by Guests but will notify you by email if a contribution has been successfully processed within two hours of receiving your payment of Gift Money.
The Payment Provider will also notify you of successful or rejected payment once the transaction or transaction attempt has been completed.
You are responsible for monitoring the status (paid or rejected) and amount of Gift Money paid by you to a campaign via the One Gift Wonder Website.
You acknowledge and agree that:
In such circumstances additional fees described above in i) and ii) will be deducted from the Gift proportion and Charity proportion respectively of the Host’s Gift Fund.
USE OF GIFT MONEY
One Gift Wonder may provide examples and ideas of how the Gift Money may be used by the Host and the Nominated Charity, however, One Gift Wonder does not guarantee that the Gift Money will be used in the ways described. These descriptions are for education and marketing purposes only.
By contributing Gift Money, you acknowledge that Cipio has absolute discretion to allocate the Charity Proportion to such charity as it selects in the event that the Host’s Nominated Charity is ineligible or, in Cipio’s reasonable view, otherwise unsuitable to receive the Charity Proportion from Cipio. In the event that Cipio exercises such discretion, the charity receiving the Charity Proportion will be deemed to be a “Nominated Charity” for the purpose of this Agreement.
One Gift Wonder is not responsible nor in any way liable for Host’s use of the Gift Proportion.
IDENTITY OF HOSTS
One Gift Wonder does not independently verify or assess the identity of each person or entity who applies to become a Host or user of the Website.
If you receive a campaign link sent via the Website from a Host who is unknown to you and you are asked to make a contribution of Gift Money, you should exercise caution and make your own determinations in deciding whether or not to make a contribution of Gift Money.
One Gift Wonder is not able to verify the actual age of users of the Website.
You warrant and undertake to One Gift Wonder that:
REFUND OF GIFT MONEY
In the event you make a payment in error, please contact One Gift Wonder immediately by email to make a payment error refund request, notifying us of the date, amount and circumstances (“Payment Error Refund Request”).
Provided that the campaign end date has not passed, One Gift Wonder will investigate the Payment Error Refund Request and may refund any money paid in error.
The decision to refund Gift Money shall be subject to One Gift Wonder’s absolute discretion and determined by One Gift Wonder on a case-by-case basis.
All refunds of Gift Money to Guests resulting from a Payment Error Refund Request are made less any bank transfer fees incurred.
A Host may cancel a campaign at any time.
It is the Host’s responsibility to notify you of the cancellation of the campaign.
If a campaign is cancelled, any Gift Money contributions that you have made towards the campaign will be refunded to you less any bank processing fees.
A Host may reschedule a campaign. The decision to refund any contribution of Gift Money to the campaign is at One Gift Wonder’s discretion. Fees may apply.
It is the Host’s responsibility to notify Guests if a campaign is rescheduled and your Gift Money contribution to the campaign will be retained by One Gift Wonder and Cipio until the campaign end date unless otherwise notified.
Your contribution is not subject to your attendance to any physical events to which the campaign and Gift Money may be linked.
At the end of a campaign, One Gift Wonder will transfer the Gift Balance to the Host and Cipio will transfer the Charity Proportion to the Nominated Charity.
A tax receipt will be issued to you, which sets out the breakdown of your contribution of Gift Money being the Charity Proportion, Gift Proportion and Payment Provider Processing Fee.
You acknowledge and agree that:
You agree to indemnify each of One Gift Wonder, Cipio and their Related Bodies Corporate (within the meaning of the Corporations Act 2001) and hold us harmless from and against any liability, loss, expenses, costs or damages (including direct, indirect, or consequential losses, whether economic or otherwise, loss of profit, loss of reputation and all interest, claims, expenses, damages and other payments, penalties and legal and other professional costs and expenses) incurred by any of the foregoing parties due to, arising out of, or in connection with:
Unless otherwise expressly stated, One Gift Wonder owns or has the right to use all intellectual property rights (including copyright) forming part of this Website and any content contained on the Website.
One Gift Wonder does not authorise the use by any other person of its intellectual property unless specifically agreed in writing, and it otherwise reserves all of its rights in relation to its intellectual property.
NO PARTNERSHIP OF AGENCY
One Gift Wonder is an independent company and no partnership, agency relationship, joint venture or employer/employee relationship exists between the Guest and One Gift Wonder.
USE OF PERSONAL DATA
One Gift Wonder requires that you abide with this Agreement and the Australian Privacy Principles. Any Registered User found not abiding with this Agreement and/or the Australian Privacy Principles may be suspended by us.
One Gift Wonder does not guarantee that unauthorised third parties will be unable to access your personal information or content that you post or that they will be unable to use your personal information and content for improper, unauthorised or unlawful purposes. You provide your personal information to us entirely at your own risk.
The Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval by One Gift Wonder of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this Website are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
REVISIONS AND MODIFCATIONS OF TERMS AND CONDITIONS
One Gift Wonder reserves the right to modify, supplement, or replace the terms in this Agreement at any time. Any material changes to these terms that may affect your rights will be notified to you on the Website’s homepage within the first week after such change is made and notified to you by email if you have registered your email address with One Gift Wonder.
We encourage you to review this Agreement regularly so that you are familiar with their scope and any changes that may have been made.
By accessing and using the Website after we have posted notice of any modified, supplementary or replacement Agreement, you acknowledge and agree to be bound by the revised Terms. If you do not agree to any amendments to this Agreement, you may cease to use the Website and/or terminate your account in accordance with this Agreement.
JURISDICTION AND DISPUTE RESOLUTION
This Agreement is governed by, construed and enforced in accordance with the laws of the State of Victoria. Any concern or dispute should be raised with One Gift Wonder in the first instance for immediate resolution by friendly consultation, followed by mediation through a mediator appointed by the Law Institute of Victoria.
Any action by you, any third party or One Gift Wonder may bring to enforce this Agreement or, in connection with, any matters related to this Website shall be subject to the exclusive jurisdiction of the courts of the State of Victoria.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of this Agreement as closely as possible.