Host Agreement Terms and Conditions
Welcome to www.onegiftwonder.com.au (the “Website”) of One Gift Wonder Pty Ltd, a limited liability company with its registered office located PO Box 12186, A’Beckett Street, VIC 8006, (“One Gift Wonder”, “us”, “we”).
About One Gift Wonder and our service
One Gift Wonder is a website that enables users to create an online campaign (“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.
By creating a new campaign on the website, One Gift Wonder provides hosts of campaigns (the “Hosts”) with an online crowd-gifting tool that allows:
- Hosts to create an online campaign which generates a unique URL link for them to share with their friends and family (“Guests”); and
- Hosts to request monetary contributions (“Gift Money”) from their guests via their unique campaign link towards a gift for the person that the campaign is for.
- Hosts to nominate the percentage of the Gift Money collected to be donated to a One Gift Wonder Partner Charity or other Australian charities registered on the Australian Charities and Not-For-Profits Commission (ACNC) register.
- Guests to send Gift Money in lieu of a gift.
REGISTRATION AS HOST
You understand and agree
- By creating a new campaign, you are agreeing to become the Host for that campaign. You are required to provide the following details to complete the Host Registration process:
- Full name
- Email address
- Phone Number
- You must be 18 years of age or over to register to become a Host.
- When creating a new campaign, you are required to provide the following information for the campaign:
- Specifying a campaign name
- A short description about your campaign
- Nominating an Australian Charity registered with the Australian Charities and Not-For-Profits Commission (ACNC) (see below under heading of NOMINATION OF A CHARITY)
- Nominate the percentage split (a minimum of 10% is to be donated to the nominated charity from which 6% is retained by One Gift Wonder as a processing fee – see below under heading TRANSFER OF GIFT FUNDS) between the nominated gift and the contribution to the nominated charity.
- Nominating the duration of the campaign: 7, 14 or 30 days.
You understand and agree:
- Gift Money is deposited by the Guest into the Host’s Gift Fund (“Gift Fund”).
- One Gift Wonder holds and manages the Gift Fund on behalf of the Host.
- One Gift Wonder does not guarantee that Guests will make contributions.
- In the event of NIL Guest contribution to the Gift Fund, no fees are charged to the Host.
- To the allocation of a minimum of 10% (less 6% Processing Fee – see below under heading TRANSFER OF GIFT FUNDS) of Gift Money contributed by Guests to the Gift Fund, by One Gift Wonder on behalf of the Host, to one of a number of charities (hyperlink to charities page) partnered with One Gift Wonder (“Partner Charity”) or another Australian charity registered with the Australian Charities and Not-For-Profits Commission (ACNC) (“Non-Partner Charity”).
- To apply the balance of funds to the purchase of the Host’s nominated gift.
NOMINATION OF A CHARITY
You understand and agree:
- To nominate a Partner Charity or Non-Partner Charity at the time of creating the campaign.
- If you have nominated a Non-Partner Charity, your campaign will undergo a review process by One Gift Wonder before your campaign goes live. The review process may take up to 24 hours. You will be notified by email when your campaign has gone live and the collection of Gift Money can commence.
- If you have nominated a Non-Partner Charity, One Gift Wonder will make efforts to contact your nominated charity to distribute your donation via direct bank transfer.
- Where a direct bank transfer to your nominated charity is successful, there will be no additional fees incurred.
- Where a direct bank transfer is not possible and One Gift Wonder is required to donate to the Non-Partner Charity in a method that incurs addition transaction fees, such additional transaction fees will be deducted from the charity portion of the Host’s Gift Fund.
- One Gift Wonder reserves the right to ask you to reselect a nominated charity at any time.
TRANSFER OF GIFT FUNDS
The Host agrees to the following:
- Gift Funds will be distributed when the Gift Fund closes to Guest contributions at the end of the campaign.
- The Gift Fund will not be available for the purchase of any gift prior to the campaign end date.
- The Host is responsible for purchasing any nominated gift from their own funds as Gift Fund contributions are only available to the Host after the campaign end date.
- One Gift Wonder does not guarantee that the Gift Fund will cover the total or any cost (in the absence of any Guest contribution) of the gift item selected by the Host.
- One Gift Wonder will calculate a fee equivalent to 6% of the Host’s Gift Fund (“Processing Fee”).
- The Processing Fee is 6% of the total Gift Fund collected for each campaign and represents:
- The administration fee to cover the costs of operating the One Gift Wonder service and operations; and
- The transaction fee which covers all fund transfer related expenses to the Host and Charity except as follows:
- additional fees that may apply where the Host fails to provide correct bank details for transfer; or
- where direct bank transfer of the charity portion to the Nominated Charity is not possible and transaction fees are incurred in transferring the charity portion to the Nominated Charity.
In such circumstances additional fees described above in i) and ii) will be deducted from the Host’s portion and Charity portion respectively of the Host’s Gift Fund.
Division and Transfer of Gift Fund
- One Gift Wonder will disburse the Gift Fund in the proportion determined by the Host and will
- Transfer the Charity Donation percentage to the nominated Charity; and
- Transfer the balance of the Gift Fund amount less the Processing Fee amount to the Host’s nominated bank account.
CLOSING THE CAMPAIGN
- One Gift Wonder will automatically cease collection of Guest contributions the day after the campaign end date.
- The Host will receive an email notification at the end of the campaign and will be required to complete a form with their nominated bank account details in order to receive the funds.
- After the campaign end date, One Gift Wonder will not accept any further contributions of Gift Money to the campaign.
- Provided that the Host has verified bank and personal information requested by One Gift Wonder to proceed with transferring the Gift Fund, the percentage of the Gift Money to be donated to the Nominated Charity (“Charity Proportion”), will be transferred to the nominated Charity and the remainder of the Gift Fund will be distributed to the Host (after the deduction of the Processing Fee).
- The nominated Charity and the Host will generally receive payment within 5 to 10 working days after the campaign end date.
Failure to Provide Bank Account Details by Host
- One Gift Wonder will make three attempts to contact the Host for their bank account details within 4 weeks of the campaign end date.
- Where the Host fails to submit the form with their bank account details 4 weeks after the campaign end date, the Host portion of the Gift Fund will be automatically allocated to the nominated Charity.
- The Host acknowledges and agrees that no claim against One Gift Wonder will exist by the Host in respect of the proportion of the Gift Fund previously allocated to the Host but subsequently transferred to the nominated Charity due to the Host’s delay in verifying bank account information.
- Notwithstanding this Section, One Gift Wonder may close the Gift Fund at any time in accordance with its rights stated in this Agreement under paragraph heading TERMINATION.
RESCHEDULING OR CANCELLING A CAMPAIGN
- A Host can cancel or reschedule a campaign before the campaign end date by emailing [email protected].
- If a campaign is to be rescheduled, the current campaign will be closed and funds will no longer be collected. The Host can then setup a new campaign.
- If a campaign is to be rescheduled, the decision to refund any contribution of Gift Money already made to the campaign is at One Gift Wonder’s discretion. Fees may apply.
- It is the Host’s responsibility to advise their guests that the campaign has been rescheduled.
- If a campaign is cancelled, it is the Host’s responsibility to advise their guests that the campaign has been cancelled.
- Any Guest contributions towards the Gift Fund will be refunded to Guests less any payment gateway and/or bank processing fees.
HOSTS’ VERIFICATION OF BANK ACCOUNT DETAILS
You understand and agree
- To provide the details of an Australian bank account at the end of the campaign in order to receive the balance of the Gift Fund (“Host Proportion”).
- Hosts are responsible for ensuring that the bank account information they provide to One Gift Wonder is accurate and current and a fee to rectify a transfer may be charged where incorrect bank details are provided.
- One Gift Wonder shall not be liable for any amounts transferred to an incorrect bank account due to incorrect bank account information submitted by the Host.
- One Gift Wonder strongly advises that the Host carefully reviews nominated bank account details before submitting the bank account details to One Gift Wonder.
RETURNED FUNDS DUE TO INCORRECT BANK DETAILS
- In the event that One Gift Wonder’s instruction to deposit the Host Proportion into the Host’s bank account is rejected because the Host has provided the incorrect bank account information, One Gift Wonder will notify the Host by email and request that the Host provides the correct bank account details.
- If the Host fails to provide the correct account information within four (4) weeks of One Gift Wonders’ notification email being sent, resulting in an unsuccessful transfer into the Host’s account, One Gift Wonder will (having deducted any bank fees incurred due to the failed transfer) immediately transfer the Host’s proportion of the Gift Fund to the nominated Charity.
- The Host acknowledges and agrees that he/she shall have no claim against One Gift Wonder in respect of the proportion of the Gift Fund previously designated to the Host but subsequently transferred to the Charity Partner due to the Host’s failure to provide correct bank account information.
- One Gift Wonder reserves the right to deduct any bank fees and charges related to rejected payments and additional processing of such returned funds due to the provision of incorrect bank details prior to any further transfer attempts to the Host or nominated Charity.
MATERIALS YOU SUBMIT TO ONE GIFT WONDER (USER-GENERATED CONTENT)
You acknowledge that any materials you submit to One Gift Wonder through the Website, including about feedback about our service, and copy or graphics or photos for inclusion or display on or through the Website (“User-Generated Content”) is your own work.
By submitting User Generated Content our website, you agree to grant One Gift Wonder a worldwide, royalty-free and irrevocable licence to use, reproduce, translate and modify any User-Generated Content (in whole or in part), which you submit.
You warrant and represent to One Gift Wonder that you have all necessary rights and authority to use, disclose and otherwise provide the User-Generated Content to us for the uses stated above, including publication on the Website.
You warrant and represent to One Gift Wonder that the publication of the User-Generated Content does not infringe any third party rights in the User-Generated Content and that when you submit a photograph, picture, image or other recording that features any person, you have obtained that person’s prior consent to publish the photograph, image or other recording (or where the individual is under 18 years of age, you have obtained the consent of his or her parent/guardian).
You represent and warrant that all information provided by you about yourself, including all information provided as part of the Registered User application, to One Gift Wonder is accurate and current.
You agree to create your campaign information in a positive manner and not to post or upload any content or any link to materials that are illegal, unlawful, defamatory, obscene, invasive of privacy, or victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability.
Unless you have obtained One Gift Wonder’s express written permission to do so, you may not post advertisements or commercial material of any kind on the Website as part of the User-Generated Content.
You agree NOT to use the Website for any unlawful purposes, and you agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content.
You agree not to attempt to access any parts of the Website that you are not authorised to access.
You agree not to use the Website in any manner that might interfere with the lawful rights of third parties.
Any unauthorised use of this Website may give rise to civil and/or criminal actions and claims for damages.
One Gift Wonder retains the right to remove any content, including User-Generated Content, and deny access to the Website to anyone who it believes has violated any terms in this Agreement.
You agree to indemnify One Gift Wonder and hold us harmless 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 One Gift Wonder arising in connection with a breach by you of these Terms of Service.
NO PARTNERSHIP OR AGENCY
One Gift Wonder is an independent company and no partnership, agency relationship, joint venture or employer/employee relationship exists between the Host and One Gift Wonder.
EXCLUSION OF A TRUST RELATIONSHIP
You acknowledge that the services provided by One Gift Wonder do not constitute a trust, and that One Gift Wonder has no fiduciary duty as a trustee to the Hosts, the Guests, the Charity Partners or any other third party under this Agreement.
The aggregate of Gift Monies paid to us by the Guests do not constitute a trust and we are not a fiduciary with respect to Gift Monies paid to us by Guests.
TERMINATION OF HOST REGISTRATION
One Gift Wonder reserves the right to terminate this Agreement and/or your access to services on the Website including any campaigns you have created for any reason, including your breach of any provisions of this Agreement or breach of applicable law in relation to your use of the Website or any other unlawful conduct at any time upon notice to you.
Whether you are accessing the Website as a Host or a Guest, if we cancel or suspend your access to your account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it to be appropriate.
You acknowledge that our decision to take certain actions, including cancelling or suspending access to your account may be based on confidential criteria that is essential to our risk management, the security of the accounts of other Registered Users and One Gift Wonders systems and processes.
You agree that One Gift Wonder is under no obligation to disclose the reasons for cancellation or suspension of your account.
Effects of Termination
In the event of a campaign being terminated by One Gift Wonder, any active campaigns organised by that Host will be closed immediately. Any Gift Money contributed to the Gift Fund will be refunded (less any applicable Processing Fees) within a reasonable time frame.
One Gift Wonder may place a reserve on any Gift Fund collected up to the date of cancellation/suspension if it is legally required or ordered to hold the Gift Fund by the relevant authorities. In such situations, we will notify you of such action (to the extent permitted under applicable law).
USE OF PERSONAL DATA
REVISIONS AND MODIFICATION OF AGREEMENT TERMS
One Gift Wonder reserves the right to modify, alter or otherwise update this Agreement at any time. Any material changes to these Terms of Service that may affect your rights will be notified to you on the Website’s homepage within the first week of which 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 these Terms of Service 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 changes, alterations or updates, you agree to be bound by the revised Terms of Service.
JURISDICTION AND DISPUTE RESOLUTION
These Terms of Service are 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 Society 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.