Terms & Conditions | GroupTogether

Terms

GroupTogether

Terms and Conditions of Use

For all countries other than the United States

1. INTRODUCTION

1.1. GroupTogether’s platform (Platform) makes it easy for people to chip in money, sign a card and give a gift from their group.

Friends and family might use it for birthday gifts, colleagues for farewell gifts and parents and teams for thank you gifts.

One person (Organiser) sets up the collection or card invites members of a group to join (each a Contributor and collectively the Group). On closing, the Group’s card or gift can be sent to the recipient (Recipient).

In order to initiate a collection or card the Organiser must establish an account on the Platform after which they will be able to:

  • create a virtual greeting card for the Recipient (Card) which can be shared with Contributors in the applicable Group to add a personal message and to which can be added an image; and
  • set up an account (Registry Account) to which Contributors, in the applicable Group, may contribute to a group gift collection for the Recipient (Collection).

Contributors are not required to set up an account on the Platform.

Note: A Collection can be used by the Organiser to purchase a delivered gift, a participating retailer eGift card, or a GroupTogether AnyCard for the Recipient. GroupTogether AnyCards are available through the GroupTogether Platform. In Australia, an Organiser can also choose to have the funds standing to the credit of the applicable Registry Account transferred to their personal bank account.

1.2. The Platform is owned and operated by GroupTogether Pty Ltd (ABN: 43 159 697 668) (GroupTogether).

1.3. GroupTogether’s payment services are provided by Australia Post’s SecurePay, POLi Payments Pty Ltd and Checkout.Com Australia Pty Ltd. Organisers and Contributors, by their use of the Platform, authorise GroupTogether to communicate data in the applicable Registry Account to the relevant payment services provider.

1.4. GroupTogether may publish policies and procedures on matters relevant to the use and the operation of the Platform.

Those accessing the Platform whether as an Organiser or as a Contributor must abide by and comply with these policies and procedures, which:

  • do not form part of these Terms and Conditions; and
  • may be changed by GroupTogether from time to time.

The polices include GroupTogether’s Privacy Policy.

Note: Changes to policies and procedures take effect when published on the Platform. While GroupTogether will use best efforts to alert Platform users to changes it is the user’s responsibility to review the policies and procedures on a regular basis to check for changes.

1.5. The views expressed on the Platform are not necessarily the views of GroupTogether and the expression of any view does not imply endorsement of a particular product or service.

1.6. The Platform contains links to other websites that are owned and operated by third parties which are not under the control of GroupTogether (External Websites). GroupTogether provides the link(s) to External Websites as a convenience and the provision of that link does not imply any endorsement by GroupTogether of the External Website. 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.

1.7. GroupTogether may terminate access to the Platform at any time without giving any explanation or justification for the termination of access. The disclaimers, limitations on liability and indemnities in these Terms and Conditions continue despite discontinuation or suspension of access to the Platform.

2. ORGANISER’S USE OF PLATFORM

2.1. As an Organiser:

  • you will need to create a unique user name and password (Login) when setting up an account on the Platform. A single Login may be used by an Organiser to set up multiple Collections and Cards.
  • 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.

Note: No responsibility is accepted by GroupTogether for unauthorised payment being procured from the Registry Account if your Login is released or otherwise accessed without authorisation.

2.2. As an Organiser, when you set up an account on the Platform, you warrant that:

  • either you are over 18 years of age, or, if you are under the age of 18, you have the authority of your parent or guardian to set up the Registry Account and use the Platform; and
  • all information you provide about yourself when opening a GroupTogether Account is true, accurate and complete.

2.3. As an Organiser, who has set up an account on the Platform, if you upload, contribute, post or transmit any content or material to the Platform, you agree:

  • not to upload any material or information which is or may be offensive, defamatory, obscene, unlawful, vulgar, harmful, pornographic, threatening, abusive, harassing, hateful, racially or ethnically objectionable; and
  • not to impersonate any other person.

GroupTogether reserves the right to remove any material that you have uploaded that it considers to be a breach of these terms.

2.4. As an Organiser, who has set up an account on the Platform, you agree not:

  • to use the Platform for any illegal, immoral or improper purpose;
  • to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Platform or the Content;
  • to use any network monitoring or discovery software to determine the Platform architecture, or extract information about usage, individual identities or users and will not use any software, device, or manual process to monitor or copy the Platform or the Content;
  • to cache the Content of the Platform to cause harm, damage or loss of any kind whatsoever to GroupTogether or to any other person; or
  • to modify or copy the layout of the Platform or any computer software or code contained in the Platform.

2.5. As an Organiser, who has set up an account on the Platform, you agree to fully indemnify GroupTogether (its directors, officers and employees) in respect of any liability that arises in relation to your use of the Platform.

2.6. A Collection remains accessible (and may be used by the Organiser to purchase a delivered gift, a participating retailer eGift card, or a GroupTogether AnyCard) for a period of 36 months from the date the Registry Account for that Collection is first established.

Note: GroupTogether’s record of a Collection’s expiry date is final and binding on the Organiser. Once a Collection has expired, the applicable Registry Account cannot be accessed or re-activated, and any credit balance cannot be transferred. The amount in the Registry Account becomes the property of GroupTogether.

2.7. Once a gift, eGift card or AnyCard is purchased with use of a Collection, neither the Collection nor the item purchased can be returned, exchanged or converted to cash.

2.8. For Australian residents only, the balance of a Registry Account may be transferred to an Australian bank account nominated by the Organiser associated with that Registry Account. Once transferred, GroupTogether has no further responsibility in respect of that Registry Account or the applicable Collection.

Note: ENSURE ACCOUNT DETAILS PROVIDED ARE CORRECT. If incorrect bank account details are provided, GroupTogether is not liable for the amount lost in the transfer and is under no obligation to trace or recover the funds.

2.9. GroupTogether may, from time to time and its sole discretion:

  • revoke, vary, suspend or cancel a Login;
  • carry out maintenance or other work on the Platform that may limit or deny access to the Platform on a temporary basis; and
  • limit or deny access to the Platform or part of the Platform, for any reason.

3. IDENTIFICATION

3.1. GroupTogether may, at anytime and in its sole discretion, require an Organiser to provide to GroupTogether identification documents to enable GroupTogether to verify the identity of the Organiser and to comply with any of its identification obligations under law.

3.2. If the total amount of Contributions made, or expected to be made, to a Collection will be equal to or greater than $10,000.00, the Organiser must, upon request by GroupTogether, give to GroupTogether such documents and other information requested by GroupTogether to enable GroupTogether to verify the identity of the Organiser and comply with any of its identification and/or reporting obligations under law.

3.3. If requested to do so by GroupTogether, an Organiser must provide any requested documents and other information within the time period designated by GroupTogether and, in any case, in a timely manner.

3.4. If an Organiser does not provide the requested documents or other information within the time period specified by GroupTogether, GroupTogether may:

  • suspend that Registry Account and Collection;
  • close that Registry Account and Collection and return any contributions made into that Collection to the relevant Contributors; and/or
  • reverse any transaction(s) undertaken using the Collection (including the purchase of a gift, eGift Card or AnyCard).

4. FEES

4.1. Fees are charged by GroupTogether on Contributions made to a Collection (Fees).

Note: When the Organiser sets up the applicable Registry Account, they will elect whether the Fees must be paid in addition to any Contribution made to a Collection or whether the Fees will be deducted from the amount of the Contribution being made to that Collection.

4.2. The Fees payable are as published on the Platform and are subject to change from time to time.

4.3. Fee changes will not be applied retrospectively in respect of Contributions that have been initiated before notice of a change is published on the Platform but will apply to Contributions made after notice of a change is published.

Note: GroupTogether’s record of the time a Contribution is initiated is final and binding.

5. ANYCARDS

5.1. This clause applies to the issue and use of GroupTogether AnyCards.

Note: Relevant details of an AnyCard are available to the Organiser (expiry date and available balance) and the Recipient (expiry date, available balance and transaction history) through the Platform.

GroupTogether AnyCards are offered in various themed categories (each a Category).

GroupTogether curates the list of retailers which are available in each Category. Thus, not all retailers will be available when exchanging a Category AnyCard.

5.2. Once a GroupTogether AnyCard has:

  • been purchased (and loaded with value); or
  • reached a $0 balance,

no further value can be added to it.

5.3. The amount applied from a Registry Account to the purchase of a GroupTogether AnyCard will not be refunded under any circumstances.

5.4. GroupTogether AnyCards cannot be sold or on-sold without the prior written consent of GroupTogether.

5.5. GroupTogether is not liable to any person in respect of any loss suffered in respect of GroupTogether AnyCards acquired other than through the Platform.

5.6. A GroupTogether AnyCard can only be redeemed on the Platform:

  • through the Platform’s AnyCard link – by way of exchange for an AnyCard; or
  • through the Platform’s gift link - by way of exchange for a gift or an eGift card from a GroupTogether retail partner for the Category of AnyCard being redeemed (Retail Partner).

5.7. Details of Retail Partners and their offerings, that are available to a holder of a GroupTogether AnyCard, are listed on the Platform and may change from time to time.

5.8. GroupTogether AnyCards are valid for 36 months from the date of issue.

Note: GroupTogether’s record of an AnyCard’s issue and expiry date is final and binding on the Organiser and the Recipient of the AnyCard. Once a GroupTogether AnyCard has expired, it cannot be re-activated and any unused value on the AnyCard cannot be used or redeemed by the holder

5.9. A GroupTogether AnyCard:

  • must be redeemed in one transaction but, in that one transaction, it may be exchanged across multiple Retail Partners and multiple gifts or eGift cards within that AnyCard’s Category;
  • cannot be redeemed/exchanged for cash;
  • cannot be replaced if lost; and
  • once issued in one Category, cannot be exchanged for a GroupTogether AnyCard in another Category.

5.10. Once the GroupTogether AnyCard has been redeemed by way of exchange for a Retail Partner gift or eGift card, a transaction arises between the holder of that AnyCard and the applicable Retail Partner(s) to which GroupTogether is not a party and for which GroupTogether bears no liability. Such transaction will be subject to the terms and conditions imposed by the applicable Retail Partner(s).

5.11. GroupTogether AnyCard and/or Collection must not be used in any manner which is unlawful, misleading, deceptive or unfair.

5.12. GroupTogether reserves the right to place a stop on a GroupTogether AnyCard if:

  • that GroupTogether AnyCard is reported by the Organiser as having been lost; or,
  • if GroupTogether believes (acting reasonably) that a GroupTogether AnyCard is being or will be used fraudulently or contrary to these Terms and Conditions.

5.13. If a Recipient disputes the amount transferred from their GroupTogether AnyCard, they must notify GroupTogether at [email protected] within 90 days after the relevant transaction date.

Note No assistance can be provided by GroupTogether in respect of an incorrect gift selection being made by the Recipient.

6. CONTRIBUTORS

6.1. As a Contributor:

  • you will not need to set up an account on the Platform;
  • you will be able to access a Collection by using the link provided to you by the Organiser of the Collection;
  • make a Contribution to the Registry Account associated with a Collection to which you have been provided access;
  • if the Organiser cancels the applicable Collection before the expiry date of the Collection, you may request a refund of your Contribution. To obtain a refund, you must supply GroupTogether with the email receipt sent by GroupTogether to you in respect of the Contribution; Contributions will be refunded less any fees charged by GroupTogether’s payment service provider.;
  • you fully release and indemnify GroupTogether in relation to any claim arising from your participation as a Contributor to a Collection.

6.2. GroupTogether makes no representation and gives no warranty to a Contributor that the Organiser will use the Contributor’s 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).

6.3. GroupTogether does not bear any liability for any theft, fraud or misuse of funds by either an Organiser or another Contributor.

6.4. All risk in relation to utilisation or use of the Contribution by the Organiser remains solely with the Contributor.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Except as expressly provided in these Terms and Conditions, nothing in these Terms and Conditions is to be construed as conferring any licence or ownership right, of any copyright or other intellectual property rights to any Organiser or Contributor.

7.2. The Platform and its Content are protected by copyright, trademark, patent or other proprietary rights and laws.

7.3. GroupTogether holds copyright over the content, information and software provided on and through the Platform (Content) unless indicated otherwise.

7.4. Except with the express written consent of GroupTogether, no use may be made of the Platform 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 the Platform with other material on any other internet site or location, on-line service or bulletin board.

8. LIABILITY

8.1. to the fullest extent permitted by law, GroupTogether disclaims any and all express or implied warranties, guarantees or representations regarding:

  • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Platform, the Content or on any external platforms; and
  • the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on the Platform, the Content, or on any external platforms.

8.2. GroupTogether does not warrant, guarantee or make any representation that:

  • the Platform, the Content or the server that makes the Platform available on the internet are free of software viruses;
  • functions contained in any software contained on the Platform or the Content will operate uninterrupted, be available at all times or are error-free; or
  • errors and defects in the Platform or the Content will be corrected.

8.3. GroupTogether has no liability in respect of any claim under these Terms and Conditions unless written notice of the claim is given to GroupTogether within 12 months from the date of the event giving rise to the claim.

8.4. GroupTogether is not liable for any loss suffered that is an Indirect Loss.

Note: Indirect Loss, when used here, means losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of these Terms and Conditions including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.

8.5. GroupTogether’s liability for losses (that are not Indirect Losses) arising from or in connection with the provision of the Platform and the services available through the Platform to both Organisers and Contributors will be limited to GroupTogether (at its election) resupplying or paying for the resupply of the provision of the Platform and the services available through the Platform.

8.6. GroupTogether is not liable for errors or omissions in:

  • the Platform, the Content or on external platforms;
  • delays to, interruptions of or cessation of the services provided; or
  • defamatory, offensive or illegal Content on the Platform,

whether caused through negligence of GroupTogether, its employees or independent contractors, or through any other cause.

9. GENERAL

9.1. Any notice given under these Terms and Conditions must be in writing and delivered or sent by email to the recipient at:

  • where GroupTogether is the recipient - [email protected].
  • where an Organiser is the recipient - the email address provided by the Organiser in their profile on the Platform.
  • where a Contributor is the recipient - the email address provided for the Contributor by the Organiser when initiating a Collection on the Platform to which that Contributor is invited to participate.

9.2. GroupTogether reserves the right to update these Terms and Conditions from time to time, including for the purpose of staying up to date with legal requirements or business reasons.

When GroupTogether makes changes, they will be effective immediately. GroupTogether will take reasonable steps to give notice about any changes, but Platform users must also keep track of whether changes have been made to these Terms and Conditions by referring to the date of publication at the end of this page. If the Platform is accessed following any amendment to these terms and conditions the user will be taken to have agreed to comply with the terms and conditions as amended.

9.3. Feedback about the operation of the Platform or the services offered through the Platform, should be submitted to GroupTogether at [email protected]. GroupTogether has a royalty free, non-exclusive, perpetual, world-wide licence to use any improvements proposed, or other suggestions made, by those providing feedback to it.

9.4. In the event that any of the provisions contained in these Terms and Conditions are found to be invalid or unenforceable, such provisions must be deemed deleted and the validity and enforceability of the remaining provisions must continue unimpaired.

9.5. GroupTogether’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

9.6. 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.

9.7. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts and tribunals in that State.

Date published: January 2024