OurWishingWell.com Terms and Conditions of Use

1. Definitions

In these Terms, unless the context indicates otherwise, the following expressions have the following meanings:

Account Holder means the Host or Guest or any other person or an entity who creates an account with OWW for the purpose of using the Services provided on the Website;

Guest means a person or an entity who uses the Website for the purpose of providing/contributing gift to the Host by way of cash deposits to a registry listed by the Host;

Host means a person or an entity who creates and lists the Registry for its use of the Website;

Materials mean User Materials and Website Materials;

User Materials mean any materials posted on the Website by the User which include but are not limited to any information, photographs, questions and/or other materials;

OWW means OurWishingWell.com including its owner Our Wishing Well Pty Ltd ACN 138 352 824 and its affiliates;

OWW Documents means these Terms, the OWW Privacy Policy and any other information, notices, terms and conditions posted on the Website by OWW;

Registry means each registry of the Host set up on the Website for the purpose of utilising the Service of OWW;

Service means a provision and administration of an online gift registry service on the Website to the Users by OWW;

Transaction means any financial transaction on the Website;

User means a user of the Website in the context which shall include but not limited to a person who:

1. visits, accesses or views the content, material or any items on this Website as a non-account holder; or
2. is an Account Holder

User's Obligations means any obligations or terms imposed on the User under the OWW Documents;

Website means the website located at www.OurWishingWell.com and associated apps on iOS and Android platforms;

Website Materials mean any materials posted on the Website by OWW which include but are not limited to any information, photographs, questions and/or other materials;

Other parts of speech and grammatical forms of a word or phrase defined in these Terms have a corresponding meaning.

2. Interpretation
1. words denoting the singular number include the plural and vice versa;
2. words denoting individuals include corporations and vice versa;
3. headings are for convenience only and shall not affect interpretation;
4. references to clauses and sub-clauses are references to clauses and sub-clauses of these Terms;
5. references to 'A$', '$A', 'dollar' or '$' are references to Australian currency unless specified otherwise;
6. where any of the parties hereto comprises more than one person any covenants, agreement or obligation undertaken, or benefits received by virtue of these Terms, shall be undertaken or received by all of them jointly and each of them severally, and the claims the subject of the release or indemnity as the case may be include all claims by or against those persons or any one of them;
7. words denoting any gender include all genders; and
8. reference to any legislation or any section or provision thereof includes any statutory modification or re-enactment thereof or any statutory provision substituted therefor and any ordinances, by-laws, regulations or other statutory instruments issued thereunder.

These Terms and Conditions of Use (Terms) bind you and each person who uses the website (User) located at www.OurWishingWell.com (Website). If you do not agree to, and intend to be legally bound by, the Terms, then you are not granted permission to use this Website and must exit immediately.

Each User warrants:

1. that the posting of any User Materials to this Website and the content of any such materials posted by the User may be lawfully posted by the User in that it must not (i) be illegal or violate any intellectual property rights of any person or entity, statute, law, or regulation; (ii) be offensive, obscene, hateful, defamatory, indecent, threatening, abusive or distasteful; (iii) be any advertising, spam, program, virus, worm or similar matter that adversely interferes the data and the operation of the Website; (iv) be professional advice or any links/references to any other websites except where expressly permitted to do so; or (v) be disclosure of any confidential information owned by any third party;
2. that by submitting information Users are granting OWW the right to publish the information on the Website in accordance with OWW Privacy Policy;
3. that any information or User Materials supplied to OWW and/or posted on the Website by the User to is and will be true, correct, accurate, complete and not misleading at all times and each User agrees to inform OWW of any changes to any information supplied by the User to OWW within 48 hours of the change;
4. that the posting of any User Materials to this Website and the content of any such materials posted by the User may be lawfully posted by the User in that it must not (i) be illegal or violate any intellectual property rights of any person or entity, statute, law, or regulation; (ii) be offensive, obscene, hateful, defamatory, indecent, threatening, abusive or distasteful; (iii) be any advertising, spam, program, virus, worm or similar matter that adversely interferes the data and the operation of the Website; (iv) be professional advice or any links/references to any other websites except where expressly permitted to do so; or (v) be disclosure of any confidential information owned by any third party;
5. that access to, use, registration for or utilisation of the Services of this Website is determined by the User's own volition and is entirely at the User's own risk and will not make any claim against OWW in respect of, or hold, or seek to hold, OWW responsible for, or liable for, the actions or omissions of any other Users nor for any warranties, representatives, promises or statements of OWW whether express or implied;
6. the performance of its obligations and compliance with the terms of OWW Documents;

Each User, in the context acknowledges and agrees to be bound by the following:

1. Registry and Account

The Host is responsible for creating accounts, registries, listings, content, descriptions, and event details including location, times, capacity and dates in the Registry which must be true, accurate and complete.

2. Alteration or Cancellation of Event
1. If the principal event or purpose of the Registry is altered, cancelled or amended in any way, the Host must promptly, within 48 hours, make the relevant changes to the Registry listing. Changes and amendments may include: date alterations, event cancellation, location change, transport or accommodation change, event suspension to a date to be advised, etc.
2. Should the event be cancelled, the Host is solely responsible and liable to do the following acts in a prompt manner:
1. close the registry concerning the event being cancelled;
2. withdraw any cash deposits and moneys held in and credited to the Host's account with respect to such registry; and
3. for any claims in relation to such registry being closed in that the Host is solely responsible to deal with any donors, contributors or other Users for the purpose of distribution or refund (if required) of the cash deposits and moneys referred under this clause in a prompt manner.
3. Account Statement

The Host and the Guest must promptly notify OWW of any perceived discrepancy on the account statement which may be freely available on the Website.

4. Inactivity & Unclaimed Moneys
1. If the Registry or the account have not been operated or had no Transactions for over a continuous period of twelve (12) months, then OWW has the right to close such Registry or the account without any prior notice to the User.
2. For the purpose of clause 4.4(a), the debiting of a fee, duty, tax or charge, to an account does not constitute an operation on the account.
3. OWW is not obliged to save any data, information or Materials being deleted from such Registry or the account on the Website and shall not be liable to anyone for loss of such data, information or Materials as a consequence of clause 4.4(a).
4. Subject to any other provisions in OWW Documents and Unclaimed Money Act 1995 (NSW) (as amended from time to time), OWW shall use its reasonable endeavours to account to the owner or a person entitled under the account or the Registry referred to in clause 4.4(a) for any cash deposits or moneys held in their account or the Registry.
5. Notwithstanding the clause 4.4(c), if OWW is unable to locate or identify the owner or a person entitled to the receipt of moneys in clause 4.4(d), then such moneys shall be treated as unclaimed money and shall be subject to Unclaimed Money Act 1995 (NSW).
5. General
1. Each User will not do anything which may:
   1. be fraudulent or illegal; or
   2. render OWW liable to any other person or Authority; or
   3. breach any law of obligation or duty owed to any person or render OWW liable for any breach of any law or obligation to any person; or
   4. cause any damage or interference to the Website; or
   5. in any way interfere with the conduct of OWW's business; or
   6. breach its warranties set out in clause 3 hereto.
2. Each User will not to bring any action against OWW for the purpose of bringing or maintaining any claim against OWW based on any breach of any obligation, whether express or implied, on the part of any other User.

1. OWW:
1. reserves the right to change these Terms and the terms in OWW Documents at any time without prior notice as long as they are posted on the Website in legible terms;
2. If a User breaches any of the User's Obligations in OWW Documents, then OWW may without reference to the User and in its absolute discretion remove any User Materials from the Website in order to rectify such breach or terminate the provision of its Services and do all such things as it considers appropriate to prevent the User gaining access to or using the Website;
3. may, at any time in its discretion:
   1. publish, (or cease to publish), reproduce, use, adapt and manipulate all Materials posted on the Website;
   2. correct any errors, inaccuracies or obvious omissions in the Materials on the Website without prior notice to the Users;
   3. shut the Website down or suspend access to the Website for the purpose of improving, maintaining or altering it; and
   4. terminate the use of the Website on not less than 7 days' notice
4. may disclose your identity, contact details and "personal information" according to OWW Documents including the OWW Privacy Policy
2. Each User acknowledges and agrees to OWW's rights referred to in clause 5.1 and each User will not have any claim against OWW even if OWW exercises its rights thereunder.

1. Any fees which will be payable for utilising the Service of OWW will be displayed on the relevant screen of the Website. Such fees may include but not limited to the fees stipulated in clause 6.4.
2. Each User agrees to pay any applicable fees referred to in clause 6.1 to OWW before utilising the Service of OWW.
3. In the event of inactive accounts, the user will be notified of any applicable fees via the email address assigned to the account.
4. Each User acknowledges and agrees that the following fees may vary from time to time without prior notice and OWW is not responsible or liable for such variance in the fees or its amounts:
1. Processing and Transaction fees

Each Transaction, whether it is in the form of any deposits or withdrawals can incur various processing and transaction fees which will be displayed on the relevant screen of the Website.

2. Currency exchange fees

Each Transaction which requires a conversion of currency may incur foreign currency exchange rate fluctuations and fees. Consequently, the final Registry amount contributed may vary.

3. Optional fees

If a User opts to use optional services (e.g. purchasing cards or other products/services) that are available on the Website, then an optional fee may be applicable, and its amount will be displayed on the relevant screen of the Website.

4. Administration fees
5. Inactive account fees

OWW has the right to charge and deduct an administration fee from the cash deposits or moneys held in the accounts which were closed as a consequence of OWW exercising its right under clause 4.4.

1. Without limiting anything else in these Terms or otherwise, OWW makes no representations or warranties as to the quality, fitness, reliability of the Services available and contents on the Website and is not liable for:
1. any representation or statement made by any User in relation to the identity of any User, goods or services offered by any User and without limitation is not liable for User Materials posted on the Website by the Users;
2. any matters outside of its direct control;
3. for any breach by a User of the Terms or for the actions of Users whether such actions mean a User accessing or downloading any User Materials posted on the Website by any other User;
4. for any actions or omissions of the User in accessing, or in respect of, this Website and utilising the Services.
2. Use of the Website and the internet are solely at the User's own risk and neither OWW or its affiliates will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, viruses, errors, any force majeure events or governmental restrictions or regulations as amended from time to time.
3. The relationship between OWW and each User is that of the relationship between independent contractors;
4. The Trade Practices Act (Cth), and other statutes (Legislation) may impose warranties, terms and conditions or impose obligations on OWW which cannot, or can only to a limited extent, be excluded, restricted or modified and the User agrees, to the extent permitted by law:
1. any warranties of OWW (whether express or implied under the Legislation), are to the extent possible, excluded;
2. such conditions that exclude or limit OWW's liability shall apply;
3. subject to (a) and (b) the User's Obligations shall be construed subject to the Legislation and any inconsistency between the Legislation and the User's Obligations shall be read down to conform to the Legislation; and
4. that OWW does not, and cannot guarantee or warrant, the quality or suitability of its Services
5. OWW's liability for a breach of a condition or warranty implied under the Legislation is, to the extent permissible under that Legislation, limited to:
1. in the case of goods, any one or more of the following:
1. replacement of the goods and the supply of the equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; and
4. the payment of the cost of having the goods repaired; and/or
2. in the case of Services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again
6. OWW shall not be liable, in any way, where a User suffers any damage as a consequence of any matter beyond the control of OWW.

Each User acknowledges and agrees:

1. to indemnify OWW in respect of any claim of any nature brought by any person including any other User against OWW arising out of any breach of the User's Obligations, or by any act or omission on each User's part or the breach of any law or obligation by the User;
2. that OWW has no liability for any infringement of moral rights and agrees to indemnify OWW in respect of any claim for any infringement of moral rights;
3. to indemnify OWW, and keep OWW indemnified, against any loss, damage, cost, charge or expense including legal fees whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by OWW, to OWW any sums claimed by OWW pursuant to this indemnity.

1. Parties agree that:
1. words importing the singular shall include the plural and vice versa;
2. where any of the parties hereto comprises more than one person any covenants, agreement or obligation undertaken, or benefits received by virtue of this Agreement, shall be undertaken or received by all of them jointly and each of them severally, and the claims the subject of the release or indemnity as the case may be include all claims by or against those persons or any one of them;
3. references to any person in these Terms shall include the legal personal representatives, executors, administrators, successors and permitted assigns of that party;
4. references to a person shall be construed as references to an individual, firm, partnership, joint venture, body corporate, association (whether incorporated or not), ministerial corporation, government and governmental, semi-governmental and local authority or agency;
5. every covenant or agreement or undertaking expressed or implied by which more persons than one covenant, promise or agree to undertake to perform an obligation in terms of these Terms shall bind such persons jointly and each of them severally;
2. If any part of OWW Documents containing the User's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the User's Obligations in that jurisdiction or the operation of the OWW Documents containing the User's Obligations in any other jurisdiction.
3. Any part of OWW Documents and any use of/access to/ transaction arising out of the use of the Website is governed by, and construed in accordance with, the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
4. The Copyright in these Terms and OWW Documents are held by OWW. No trade marks of OWW may be used by any other person. No intellectual property of OWW may be used by any other person.