Terms and Conditions
The website connectagift.com (hereafter called “the website”) is owned and operated by Dotnorm Pty Ltd as trustee for Janette Little Family Trust (hereafter called “Dotnorm”). Please read these Terms and Conditions carefully. By proceeding to use the website to register and create an Event Page or to make a contribution you are entering into a contract with Dotnorm and these Terms and Conditions as amended from time to time as provided below are included in that contract and are binding on you and Dotnorm.
Expressions we use
In these Terms and Conditions, unless the context indicates otherwise, the following expressions have the following meanings:
Website means the web platform located at www.connectagift.com
Website content means any and all content including information, photograph/s, comments, questions, answers, graphics, colour/s, forms, templates and software and the arrangement or configuration of such items of content that are directly or indirectly accessible whether visually or audibly or otherwise discernible or discoverable at or by means of the website but does not include material directly added to an Event Page.
Event Page means that part of the website which has a unique URL within the website and is accessible by means of that URL or by means of that URL and a password.
Material directly added to an Event Page means any and all text, photographs, video, audio, graphics, information and such like material added by the Event Page Creator and comprised in their Event Page or added by a Guest and comprised in that Event Page excepting text or information so added by way of filling in the website’s mandatory or optional information fields at the Event Page.
Event Page Creator means a person or entity who registers at the website and creates an Event Page which has a unique URL within the website.
Guest means a person or entity who accesses an Event Page, uses the payment platform link there and, at the site the payment platform link transfers them to, effects a transfer of funds to the Event Page Creator or as they have specified or takes all necessary steps to effect such a transfer of funds regardless of which the funds are not received by the Event Page Creator or as they have specified
Contribution means a transfer of funds by a Guest regardless that the funds transferred are not received by the Event Page Creator or as they have specified.
We, us and our mean Dotnorm, its agents employees and contractors.
You and your mean an Event Page Creator and/or Guest as the context requires.
Words denoting the singular include the plural and vice versa.
1. Dotnorm reserves the right to lawfully change the Terms and Conditions at any time without prior notice to you except that, subject to clause 1C, any increase in our fee that is introduced after the date on which an Event Page goes live will not apply in respect of contributions by means of that Event Page.
1A. We use Stripe as our payment platform. We cannot guarantee that Stripe will not increase their fees and charges. We may at any time change to another payment platform regardless that it has higher fees and charges than Stripe. Subject to clause 1C we will bear any increase in our payment platform’s fees and charges that is introduced after an Event Page goes live.
1B. When a Guest makes a contribution our fees and our payment platform’s fees and charges are deducted from the amount of the contribution and the balance then remaining is for transfer to the Event Page Creator or as they specify in accordance with their instructions to and at our payment platform’s site.
1C. In the event of any increase in our and/or our payment platforms’ fees and charges that has the net effect of reducing the amount of a contribution that were it not for the increase would remain for transfer to the Event Page Creator or as they specify we will give effect to clauses 1 and/or 1A above by taking all reasonable steps to pay the amount necessary to negate that effect to the Event Page Creator by one single payment made within 14 days after the end date of the Event Page. We will not be liable to pay that amount if the Event Page Creator fails to promptly respond to our request for and provide all necessary information to us to enable us to make the payment to them within the stated time.
3. The website provides links to our payment platform which is a third party site. You acknowledge that we have no control over any third party site, including our payment platform, to which the website provides links. You agree that we will not be liable for any loss or damage arising out of or in connection with your using the link at an Event Page to our payment platform’s site or your accessing by means of that link our payment platform’s site or your then proceeding to use any service or facility or engage in any transaction at that site.
3A. You acknowledge and agree that all enquiries complaints or disputes arising out of your accessing or using any third party site to which the website provides links must be directed to the particular third party site.
4. We have no control over how an Event Page Creator spends or uses the contributions they receive and cannot guarantee that they will spend them on or use them for the purpose or purposes they specify at their Event Page. If you give money to another to use for a clear and specific purpose and only give it for and because of that purpose and they do not use it for that purpose you may have legal rights entitling you to recover the amount given to them. You must consult a solicitor to find out your legal rights.
4A. A Guest is responsible for ensuring there is no discrepancy between the amount of their proposed contribution which they enter at the Event Page and the amount of the contribution made at the site the payment platform link at the Event Page transfers them to. We will not be liable for any loss or damage suffered due to or in connection with any such discrepancy.
5. The Event Page Creator must specify an end date for the Event Page that is not more than 16 weeks after the date on which the Event Page goes live. Once the end date for an Event Page is passed the payment platform link at the Event Page ceases to be functional and it is no longer possible for a Guest to make a contribution. We will email the Event Page Creator one week before the end date for their Event Page to remind them of the end date. In all other respects the Event Page remains the same and has the same functionalities and features as at the date it went live and will continue to do so until such time as it is taken down by us.
5A. We may take down an Event Page at any time not less than 8 weeks after the end date for the Event Page has passed.
5B. An Event Page will be taken down by us at any time not less than 8 weeks after the end date for the Event Page has passed if the Event Page Creator requests us in writing to take it down. We will use reasonable endeavours to take down the Event Page within 7 days of receiving such a request.
6. We reserve the right to, without prior notice to you or any other person, take down an Event Page or remove from an Event Page any or all material that has been directly added to it in the event that:-
a) we are required to do so by law
b) there are reasonable grounds to suspect the Event Page is not genuine and/or is being used for a fraudulent or improper or illegal purpose and/or that the Event Page Creator is not the person or entity they say they are
c) there are reasonable grounds to believe that material directly added to the Event Page infringes copyright
d) material directly added to the Event Page is likely to offend or cause distress to an ordinary person of contemporary sensibility and/or is likely to harm the reputation of any person or organisation and/or tends to vilify an individual or group on the basis of ethnicity, religious belief or sexual identification.
For the purposes of our rights under 6b) we reserve the right to ask for proof of identity from you and to block your Event Page until satisfactory proof is provided.
6A. We will only exercise our right under clause 6 to take down an Event Page if that is required by law or necessary in order to prevent one or more of the circumstances in 6b) to 6d) continuing to occur.
6B. Notwithstanding our rights under clause 6, we cannot practicably monitor all Event Pages or material directly added to them and thus we cannot and do not undertake any obligation to do so.
6C. For the purposes of our rights under clause 6 we will take into account all relevant information communicated to us by any person or entity provided the information includes the Event Page’s unique URL and, where appropriate, we will take reasonable steps to contact the Event Page Creator and obtain relevant information from them.
6D. We reserve the right to report any suspected misuse of the website and/or the services provided at the website to relevant regulatory or law enforcement agencies.
6E. We will not be liable to you for anything arising out of or related however remotely to the fact or opinion that one or more of the circumstances in 6b) to 6c) is occurring and we have not exercised our rights under clause 6.
6F. In the event that we exercise our right under clause 6 to take down an Event Page we will not be liable to the Event Page Creator for any loss or damage they may suffer regardless whether or not they played any part in the circumstances on which we based our decision to take down the Event Page occurring.
7. The trademark connectagift (Australian trademark registration pending) is a owned by Dotnorm. Dotnorm owns all intellectual property arising out of or consisting in the website and website content. Any unauthorised use of our trademark connectagift and/or other intellectual property that constitutes an infringement of our intellectual property rights will expose you to legal liability to Dotnorm.
7A. We authorise you to take screenshots of website content for the purposes of informing others about the use of the website and to use website content appearing in Etiquette and Wording and Thank-you Cards for the purposes of communicating with a Guest.
8. Any claim arising from your using the website and/or in respect of the contract between you and us including as to its formation, construction and these Terms and Conditions is governed by the law of Victoria Australia and shall be enforced in the courts of that State excepting only that we reserve the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
9. If the website becomes unavailable at any time we will use our best endeavours to restore it as soon as possible but we will not be liable for any loss or damage arising out of or connection with it being temporarily unavailable.
10. An Event Page Creator must keep their email address and other registration details up to date and notify us promptly of any changes. A Guest must notify us promptly of any change of their email address. We are not in breach of any obligation in these Terms and Conditions that involves communicating with you if we address the communication to an email address you provided us with and that email address is incorrect or has changed and you have not advised us of the change.
11. We will not be liable for any loss or damage arising out of or in connection with use of the website and any computer virus, malware, denial of service or other cyber attack penetrating the website’s security.
Questions about the Terms and Conditions should be sent to: firstname.lastname@example.org