How does this website work
In short, WishBucket.com.au enables groups of people to gather together from anywhere in the world to share in the cost of an occasion or gift.
We have designed WishBucket.com.au for persons (the “Creator”) wanting to organize a “gift collection” or “registry of monies” and by way of either a pubic or private invitation, invite by no limitation a “Supporter” who will contribute towards the “gift collection” or “registry of monies”. By “creating an account” with WishBucket.com.au, the “Creator” will utilize the WishBucket.com.au registry account. At the “end date” of the occasion or gift collection, the Creator will email Wish Bucket who will transfer the funds to an Australian bank account.
Agreement or Terms and Conditions
If at any time you decline to accept or do not agree to these terms and conditions, you must immediately terminate your use of the WishBucket.com.au. website.
You acknowledge and accept these terms and conditions (as varied from time to time) each time you or any other person accesses on your behalf, any part of this site, regardless of the means by which the site is accessed, and whether such access is authorised or not.
You will not use the WishBucket.com.au website for any purpose that is unlawful or prohibited by these Terms and Conditions. This Agreement is made between you and us.
You understand and agree that WishBucket.com.au is provided "AS-IS" and that WishBucket.com.au assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor does WishBucket.com.au assume any liability for the failure to store or maintain any user communications or personal settings.
The information contained in our Website is intended for Australian residents only and may not necessarily be relevant to overseas residents. “Login” (Membership) on our Website is open to non-Australian residents. However participation as a “Creator” is limited to Australian residents only.
In these Terms and Conditions (Term of Use, User Agreement), the expressions “We”, “Us”, “Service” “Site” and “Our” are a reference to both Wish Bucket and WishBucket.com.au website. “You”, “Your” means the person who accepts these Terms and Conditions, by accessing or using this website.
Account “Creator”: means the person who creates a registered WishBucket.com.au account for the purpose of creating a “registry of monies” for a “gift collection” or “special occasion”. It is the “Creator’s” responsibility to invite “Supporters” either by a public or private invitation, to contribute to the “registry of monies”. The “Creator” area, may only be accessed by the “Creator” who creates the “Registry Account”.
“Supporter”: means the person/s who contribute to a Wishbucket.com.au account of “Registry of Monies”. In the case of registries created for private viewings, the “Supporter” may only access such area by using the appropriate code issued by the “Creator.”
“Beneficiary”: means the person designated as the beneficiary of the funds; the beneficiary can be the Creator him/herself.
“Business day”: means a calendar day excepting Saturdays, Sundays, and public holidays in Australia.
“User”: means the person or people who accesses the website WishBucket.com.au. either as an account ‘Creator” or as an account “Supporter” or as a browser or visitor.
“End Date”: A gift collection or special occasion requires a date of commencement and a final end date. The “End Date” means the date whereby the gift collection or special occasion is no longer able to receive contributions by Supporters.
“Registry of Monies”: The “registry of monies” will hold money that will be collected for the Creator of a registered “gift collection” or “special occasion” and collected from Supporters who have contributed towards the registered account with the Site. The “registry of monies” will be accessible to the “Supporter” only until the final end date of the registered account.
General Information About WishBucket.com.au And The Service
Place: WishBucket.com.au website and Service is directed solely at those who access the WishBucket.com.au website from Australia. If you choose to access the Website from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Scope: WishBucket.com.au website and Service is for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
Prevention on use: We reserve the right to prevent you using the Website or any part of WishBucket.com.au website.
Equipment: WishBucket.com.au website does not include the provision of a computer or other necessary equipment to access the Website. To use the Website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
It is your responsibility to ensure that any Electronic Equipment, software or service required to use WishBucket.com.au available to you is working properly. You must take all reasonable steps to protect the security of your Electronic Equipment’s hardware and software, including ensuring that your Electronic Equipment does not have any viruses or any form of program or mechanism capable of recording your Access Methods.
You agree to be solely responsible for the security of your account password and log-in details used in connection with our Website; as well as how your account is used, and the actions of any persons you give your log-in details and password to. You agree to keep safe and confidential your account details and log-in access.
You will not hack into, change or otherwise interfere with the operation of this site or any information contained within it.
What Does The Creator Need To Know And Agree With
In order to register as a “Creator” you must “Login” and create a “Creator’s” profile. Registration as a “Creator” is free.
To register as an Creator you must:
- Be above the age of eighteen (18) or use our Service in conjunction with and under the supervision of your parents or guardians.
- Provide true and accurate information to Us.
- Have an established and open bank account and operating with a recognised financial institution within Australia.
To register and ‘Create an Account’ (Sign Up), You the Creator will agree to the following:
- Choose a password to access your “registry of monies.”
- Be solely responsible for the security of your account password and log-in details used in connection with our Website; as well as how your account is used, and the actions of any persons you give your log-in details and password to. You will keep safe and confidential your account details and log-in access.
- As the Creator you will accept all liability for activities conducted using your log-in details and password. In other words, the security of your Account Password is very important, because it will allow you access to your personal account details and registry of monies. You must make every effort to ensure that your Account Password and any record of it, is not misused, lost or stolen. You are solely responsible for any loss caused by use of your WishBucket.com.au log-in access details and password by you or any other person, including any use not approved or contemplated by you. You acknowledge that we may allow access to the services offered on this site to anyone who enters valid log-in access details and password.
- As the “Creator” you will notify Us immediately of any breach of security or any unauthorised use of your member account.
- As the “Creator” you must be registered with a valid personal email address that is accessed regularly, so that, among other things, moderation emails can be sent to you the “Creator”. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
- We reserve the right to close accounts if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-AU User pretends to be a User, or disrupts the Website or the Service in any way.
- Be responsible for any information or material you submit to Us, including accepting any liability for the use of such material.
- Not upload, post, transmit or otherwise distribute any materials that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program or file, designed to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment.
- Be legally responsible for all content that you submit to Us; and agree that we may suspend and/or terminate your membership if we consider in our sole discretion that you are breaching this Agreement.
As “Creator” of a registered account You warrant that:
a. the registration details you provide to us are accurate and complete and agree to keep that information up to date and as accurate as possible;
b. your information and material is not fraudulent, offensive, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person.
To create Login access the Creator must:
- Choose a name for the account. This name will appear on the Site’s “registry” page and on the Creators “page”. The name chosen by the Creator will act as a form of recognition to Supporters in the event of a private registry.
- Choose a password to access the account and that will be nontransferable. This password must be kept secure at all times. No responsibility is accepted for unauthorised access to the Registry of Monies if the password is released or otherwise accessed.
- The Creator must from the time of creating an account with WishBucket.com.au, maintain a bank account with a recognised Australian bank or credit union. The Creator shall use this one and same Australian bank account or credit union for Wish Bucket to deposit the amount collected in the WishBucket.com.au registry of monies.
- The Creator will acknowledge that any content or material uploaded by the Creator onto the Site will be public and not confidential in any way.
- The Creator must not upload material or images that may be offensive, ethnically objectionable, obscene, harmful, unlawful, defamatory, vulgar, threatening, harassing, pornographic, abusive or harassing.
- The Creator will not use WishBucket.com.au as fraud or impersonate any other person or persons.
The Creator will agree that:
- That Wish Bucket, may from time to time and in Wish Bucket’s sole discretion, revoke, suspend, vary or cancel the Login.
- That Wish Bucket, for any reason, may limit or deny access of this website WishBucket.com.au or any part of this website to the Creator.
- That Wish Bucket may carry out maintenance on the website WishBucket.com.au which may limit or deny access to the Creator or Supporter .
To Access Funds from the Registry
To access the funds collected by the “Creator” from the Registry of Monies, The “Creator” must:
- Have funds in the account
- Make a withdrawal request via email to Wish Bucket within twelve (12) months of the “event end date” of your gift collection or special occasion. Contact can be made via the contact page located on WishBucket.com.au site. Failure to do so will authorise WishBucket to become owner of any unclaimed monies in the name of the Creator.
Once the withdrawal request has been approved, the funds will be transferred to an Australian bank account or credit institution within or up to five (5) working days. No claim may be made against Wish Bucket or the Site for any such delay that is or are beyond the control of Wish Bucket. If a “Registry of Monies” is not accessed for a period in excess of twelve (12) months since the date of creating a “Login”, then you agree that Wish Bucket will be entitled to claim ownership of the unclaimed money held within that registry in the name of the Creator.
You agree that your WishBucket.com.au member account is non-transferable and the access of Supporters to your gift collection or special occasion contents located within your account will terminate after the “event end date.”
You agree that your access to your gift collection or special occasion contents located within your account will also terminate once the transfer of money collected within your “registry” has been transferred to the nominated Australian bank account or credit institution.
What Does The Supporter Need To Know And Agree With
As a “Supporter”, you will be able to contribute monies, upload and post or transmit contents or materials onto the personalised “Page” created by a Creator and for the purpose of a gift collection or special occasion registered on the WishBucket.com.au website.
A “Supporter” may either contribute to a public registry, or by use of an “account name” and “access code” issued by the Creator, be invited to contribute to a private registry. Whether the registry is registered as public or private gift collection or special occasion, a Supporter will always require to either Sign Up or Log In.
Code Of Conduct For Creator, Supporter And Browser
The Creator, Supporter or browser must not upload any content or material including, but not limited to any language, photo’s, video’s or images that may be:
- unlawful, offensive, threatening, harassing, vulgar, obscene, pornographic, abusive, or harmful,
- slanderous, defamatory, or tortuous,
- providing, distributing, transmitting, or promoting illegal content, junk mail or spam,
- ethnically objectionable,
- invasive of another’s privacy or harmful to minors,
- manipulating or forging the identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to Wish Bucket or its employees,
- providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
- uploading, e-mailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
- material that may impersonate any other person/s including, but not limited to, other community members or employees of Wish Bucket.
You agree that there will not be any form of collecting, storing, or posting of personal data about or of other Wish Bucket members.
If you the Creator or Supporter choose to upload, contribute post or transmit any content or material to the Wish Bucket.com.au website then you agree:
- that the information you uploaded is public and not confidential in any way,
- that you agree to the entire Terms and Conditions including the indemnities referred to on this site.
Payment Methods And Processing
WishBucket.com.au uses Stripe and PayPal to provide a secure environment for the authorisation credit card and charge card transactions.
Confidential information including card details are encrypted using industry standard SSL 256-bit encryption technology. Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information.
Costs to use the service of WishBucket.com.au are transparent.
It is free to Sign Up with WishBucket.com.au. It is free for a Creator to create a registered account with WishBucket.com.au.
There is a service fee charged to the Supporter with each contribution made to a registry of monies. For up to $100, the service fee is 2.1% + AUD $1.85. For a transaction of more than $100, the service fee paid by the Supporter is a flat fee of 5%.
Ownership of Website
Wish Bucket’s website WshBucket.com.au and all content, information, reports, materials, software, programs, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, data, database and proprietary information and all copyrightable or otherwise legally protectible elements of our website, including, without limitation, the selection, sequence, the 'look and feel' and arrangement of items, adaptations, translations and derivative works, and all trademarks, trade names, service marks, logos and icons, are the property of Wish Bucket, and/or its licensors or suppliers, and are legally protected, without limitation, under federal and state, as well as applicable foreign, laws, regulations and treaties.
Use of Copyrighted Materials/Trademarks
This entire website, including without limitation any documentation, materials, content, text, data, graphics, images, interfaces, logos, indicia, other material or works of authorship (the "Materials") and unique method of showcasing the gift collection or special occasions, and/or projects are copyrighted material owned by or licensed to Wish Bucket and the WishBucket.com.au website. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Wish Bucket and the Site and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners.
Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution subject to the following conditions:
Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of WishBucket.com.au, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to WishBucket the site WishBucket.com.au its affiliates, and/or any third party, as applicable.
Wish Bucket reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Wish Bucket.
Links to Third Party Websites
The Site may contain links to third party sites or other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Wish Bucket. If you use these links, you may leave the site WishBucket.com.au.
Wish Bucket has not reviewed all of these third party sites is not responsible for the condition, security levels, content or any other aspect of any third party sites. The links are provided solely for your convenience and do not indicate, expressly or by implication, an endorsement by Wish Bucket of such third party sites or the products, materials, software, information, services advertised or mentioned or any results that may be provided or obtained from using those sites. If you decide to access any of the third party sites linked to WishBucket.com.au, you do so entirely at your own risk.
Wish Bucket does not allow anyone to provide links to the WishBucket.com.au site without our written permission.
Data Mining, Commercial Use and Unsolicited Mailings Prohibited
You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of this Service.
Restrictions on Use
Other than for purposes related to your permitted use of the WishBucket.com.au services, you may not download, retransmit or reproduce anything available or obtained from the WishBucket.com.au website in any manner or in any form. You will not alter, erase or otherwise obscure any proprietary rights or other notices which appear on the WishBucket.com.au website.
You agree that you will not use any names, e-mail addresses and other contact information from member profile information or the pages and postings on this site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our members, and will not use the WishBucket.com.au website to send unsolicited e-mails to any third parties.
Wish Bucket does not control the content posted by third parties via WishBucket.com.au and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using WishBucket.com.au, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Wish Bucket be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via WishBucket.com.au.
Disclaimer Of Warranties
You accept that any material downloaded or otherwise obtained through the use of WishBucket.com.au is done at your own risk and you will be solely responsible for any damage to your computer system (or any component connected to your computer system) or loss of data that results from the download (intentional or otherwise) of any such material. Wish Bucket makes no representations or warranties of any kind, express or implied, concerning the operation of this site, or any related services, information, content, materials or products, except as required under applicable laws.
You agree that your access to, and use of, this site is subject to these terms and conditions and all applicable laws and is at your own risk. You acknowledge that this site and its contents are provided on an "as is" basis. This site may contain errors and/or faults and may not be complete and current. You accept that the site may be interrupted for maintenance and repairs or for any other reason and that access to any content and/or the services cannot be guaranteed.
You acknowledge and agree that Wish Bucket does not warrant, guarantee or make any representation that (i) the site or any content on the site or the server that makes the site available are free of software viruses; (ii) the functions contained in any software on the site or the content will operate uninterrupted or are error-free; or (iii) that errors and defects in the site or the content will be corrected.
Limitation of Liability
You warrant that you are not utilising the WishBucket.com.au Website for any illegal or improper purpose, and fully and completely indemnifies Wish Bucket and site WishBucket.com.au and its owners in respect of any liability that arises in relation to or as a result of any improper activity. You agree that the use of WishBucket.com.au website is at your sole risk. In no event shall WishBucket.com.au or Wish Bucket or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless Wish Bucket and the WishBucket.com.au website, its subsidiaries, affiliates, representatives, directors, officers, agents, managers, vendors or other partners, and employees, from any damage, loss, or expense, claim or demand, (including without limitation legal fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, or by your use of the Site, or by your violation of “WishBucket.com.au’s Terms and Conditions, or your violation of the rights of another. If you have to indemnify Wish Bucket or the WishBucket.com.au website under this Section, you agree that Wish Bucket and WishBucket.com.au will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Wish Bucket.
Wish Bucket and the WishBucket.com.au website makes no warranty that the services provided on the site will meet any of your requirements.
Any material downloaded or otherwise obtained through the use of WishBucket.com.au website is done at your own risk and you will be solely responsible for any damage to your computer system (or any component connected to your computer system) or loss of data that results from the download (intentional or otherwise) of any such material.
No advice or information, whether oral or written, obtained by you from Wish Bucket or WishBucket.com.au website or from any service provided on the site shall create any warranty not expressly stated in these Terms and Conditions.
Wish Bucket and the WishBucket.com.au website shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Wish Bucket or WishBucket.com.au website be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether WishBucket or WishBucket.com.au website has been advised of the possibility of such damages.
Disclaimer; Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Wish Bucket and the Site and its third-party partners and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. You expressly agree that your use of the WishBucket.com.au service is at your sole risk. The WishBucket.com.au service and any data or information made available in conjunction with or through the WishBucket.com.au service is provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Wish Bucket and its third party suppliers and partners do not warrant that the data, functions, or any other information offered on or through the WishBucket.com.au service or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Wish Bucket and its third party suppliers and partners do not warrant or make any representations regarding the use or the results of the use of the WishBucket.com.au service or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
To the maximum extent permitted by applicable law, neither the Site or Wish Bucket, nor its owners, directors, officers, employees, affiliates, suppliers, agents or representatives shall be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages, or any other form of damages arising out of or in connection with the WishBucket.com.au services, the website or your use of the website, regardless of the form of action or the basis of the claim and whether or not Wish Bucket has been advised of the possibility of such damages. PayPal is a registered trademark of PayPal, Inc.
This site WishBucket.com.au is provided for use by Australian residents only. Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia without its conflict of law provisions. You agree that disputes arising from your use of WishBucket.com.au are exclusively subject to the jurisdiction of the courts of New South Wales, Australia (including the Federal Court of Australia, New South Wales Registry).
WishBucket.com.au may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Wish Bucket makes no representations that the content of this site complies with the laws, including intellectual property laws, of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.
You acknowledge and accept these Terms and Conditions (as varied from time to time) each time you or any other person accesses on your behalf, any part of this site, regardless of the means by which the site is accessed, and whether such access is authorised or not.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable the remaining Terms and Conditions will not be affected and will be binding on the parties and will be enforceable as though the void, unlawful or unenforceable provision (or part thereof) was not contained in these Terms and Conditions.
Variations To Terms And Conditions
These are the current Terms and Conditions. We may at any time vary these terms and conditions by publishing the varied terms and conditions on this site. Where a change may place an unfair burden on existing users of the site or services, we will provide a form and period of notice that we reasonably consider appropriate to that change.
Withdrawal Or Suspension Of Service
Our online services, or your access to them, may be withdrawn or suspended for any reason without notice, including (without limitation) the following:
a. if there is an interruption to, or fault in, any applicable computer or telecommunications system or service;
b. if you breach any of these terms and conditions;
c. if your WishBucket.com.au account has been terminated;
d. if Wish Bucket no longer wishes to provide a service or maintain this site;
e. if you use a service for a purpose not expressly authorised by Wish Bucket under these terms and conditions or otherwise in writing;
f. if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, denial of service or similar event;
g. for maintenance or security purposes.
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