A. ACCEPTANCE OF TERMS
A.1 Envelope Pty Ltd ABN 74 600 629 230 (Envelope) provides an online registry service, including the enveloperegistry.com website and related services (Service).
A.2 Envelope agrees to grant you (User or you) access to the Service subject to the terms and conditions of these Terms of Service (Terms). By using the Service, you:
(a) Accept and agree to be bound by these Terms;
(c) Agree to comply with any guidelines for the Service, notified from time to time.
B.1 Service. The Service and these Terms distinguish between the following Users:
(a) Couples that use the Service to create a Registry, register Gifts, accept Gift Amounts and communicate with Guests in relation to their Registry and Gifts; and
(b) Guests that use the Service to review a Registry, select Gifts and communicate with Couples in relation to their Registry and Gifts.
B.2 Gift Information. You acknowledge and agree that:
(a) The Couple is responsible for the accuracy, quality and legality of the Gift Information, Gifts, Registry and any access or use of the Gift Information; and
(b) Envelope reserves the right to review the Gift Information to ensure it complies with these Terms.
B.3 Gift Amounts & Payment. You acknowledge and agree that:
(a) Gifts may require payment of a Gift Amount or delivery of an Item;
(b) The Guest shall pay the Gift Amount and all Fees & Charges (if any) for each Gift to Envelop using the method required by the Service;
(c) The Service may require a User to provide bank details and/or register for third party payment services;
(d) Envelop will arrange payment of the Gift Amount to the Couple within the timeframe specified in the Service;
(e) Envelop has no control over and accepts no responsibility for use of the Gift Amount by the Couple;
(f) Gift Amounts and Fees & Charges (if any) will not be refunded or cancelled, once paid to Envelope.
B.4 No circumvention. You agree and undertake not to circumvent the Services.
B.5 Couple Warranties. As a Couple you warrant and agree that:
(a) You have the full power and authority to create the Registry, register the Gifts, provide Gift Information and communicate with the Guests;
(b) Envelop and Guests may communicate with you in relation to the Service;
(c) You consent to the use and retention of all User Content;
(d) The Gift is genuine and all Gift Information is accurate; and
(e) The Gift complies with all laws – local, state and federal.
B.6 Guests. As a Guest you warrant and agree that:
(a) Envelop and the Couple may communicate with you in relation to the Service;
(b) You consent to the use and retention of all User Content;
(c) You have read and accept the Gift Information; and
(d) You must pay the Gift Amount and Fees & Charges (if any), which amounts will not be refunded or cancelled once paid to Envelope.
1.1 The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) ACN means Australian Company Number.
(c) Agreement means the agreement formed by these Terms.
(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
(e) Commencement Date means the date the User accepts these Terms.
(f) Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:
i all technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;
ii all business and marketing plans and projections, details of agreements and arrangements with third parties, and User and supplier information and lists;
iii all financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;
iv all information concerning any employee, contractor, supplier or agent of the relevant party;
v the party’s policies and procedures; and
vi all information contained in this document,
but excludes information that the other party can establish:
vii is known by or is in the other party’s possession or control other than through a breach of this document and is not subject to any obligation of confidence; or
viii is in the public domain other than by a breach of this document or any obligations of confidence.
(g) Corporations Act means the Corporations Act 2001 (Cth).
(h) Fees & Charges means the Fees & Charges payable to Envelope as specified on the Service from time to time.
(i) General Conditions means the terms and conditions set out in the section of these Terms entitled “General Conditions”.
(j) Gift means a gift registered by a Couple in the Service.
(k) Gift Amount means the amount payable for the Gift (or part thereof) specified in the Service.
(l) Gift Information means the description of and all content associated with an Gift.
(m) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(n) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(o) Item means a non-monetary Gift.
(p) Privacy Act means the Privacy Act 1989 (Cth).
(q) Registry means the register of Gifts specific to a Couple.
(r) Special Conditions means any special conditions to these Terms made pursuant to these Terms, including any Ticker Couple Agreement between Envelope and the Couple.
(s) Tax Invoice has the meaning given by the A New Tax System (Goods and Service Tax) Act 1999 (Cth).
(t) User Content means data that is uploaded or input into CareReview by the User or that forms part of the User’s Intellectual Property.
1.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the opposite also applies.
(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(c) A reference to a clause refers to clauses in these Terms.
(d) A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(f) A reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(i) A reference to dollars or $ is to an amount in Australian currency.
2.1 These Terms may be updated by Envelope at its absolute discretion from time-to-time, and unless stated otherwise by Envelope in writing, such updates shall come into effect once made available on the Service or otherwise notified to Users.
2.2 Where the User does not accept the terms and conditions of these Terms, the User must immediately cease using the Service.
2.3 Envelope has the right to strictly enforce these Terms in its absolute discretion, including through self-help, stakeholder moderation, active investigation, litigation and/or prosecution.
2.4 The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars or the General Conditions, the Special Conditions will prevail.
3. LICENSE & USE
3.1 By accepting the terms and conditions of these Terms, the User is granted a limited, non-exclusive and revocable license to access and use the Service for the duration of these Terms, in accordance with these Terms.
3.2 Envelope may grant the license to the User on the further terms or limitations as it sees fit.
3.3 Envelope may revoke or suspend the User’s license(s) (and prevent future use of the Service) in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the User. Envelope will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
3.4 The User agrees that it shall only access and use the Service for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Envelope in its discretion.
3.5 Envelope may limit or restrict access to the Service from time-to-time as it sees fit, including (but not limited to):
(a) Age & Capacity. All Users must be 18 years and/or a legal entity capable of forming binding contracts.
(b) Location. Envelope may restrict access to the Service for Users from any location and may restrict the provision of Events in any location in it absolute discretion.
(c) Verifications. Envelope may limit Users and access to the Service where it cannot, in its absolute discretion, verify the information provided to it by Users.
4. FEES & CHARGES
4.1 The User agrees to pay all Fees & Charges (and any applicable GST) as and when they fall due and to the extent permissible by law.
4.2 Envelope may introduce new services and/or Fees & Charges by giving the User written notice of their availability and applicability.
4.3 Envelope shall notify the User of any changes to existing Fees & Charges no less than the time period for notice set out in the Fees & Charges. Envelope reserves the right to change the Fees & Charges at any time at its absolute discretion.
4.4 Envelope shall issue the User a Tax Invoice for all Fees & Charges to which GST applies.
4.5 Refunds are only provided for in accordance with the Particulars or as required by law.
4.6 Refunds will not be made for any unused credit associated with pre-purchased thankyou cards.
5. ACCESS & DATA
5.1 Access. By accepting the terms of these Terms the User agrees that Envelope shall provide access to the Service to the best of its abilities, however it accepts no responsibility for ongoing access to the Service or support by any browsing or operating Service. Envelope reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Service.
5.2 Security. Envelope takes the security of the Service and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of Envelope’s systems or the information on them.
5.3 Transmission. Envelope shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
B.7 Third Party Services. The Service is dependent on third-party services, including but not limited to web hosting services, PayPal, banks, credit card providers and telecommunications services. The User agrees that Envelop shall not be responsible or liable in any way for interruptions to the availability of the Service due to third-party services.
5.4 Links. Where the Service contains links to other websites and resources provided by third parties, these links are provided to Users for information only without any endorsement or warranty whatsoever from Envelope. The User enters those websites solely at its own risk and acknowledges that Envelope has no control over and accepts no responsibility whatsoever for those websites or resources.
5.5 Passwords. The User is solely responsible for the security of each username and password providing access to the Service and must give prompt notice of any compromise or unauthorised access to these details.
6. USER CONTENT
6.1 Envelope takes no responsibility and accepts no liability whatsoever for User Content, including any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity, statements, representations, misstatements or misrepresentations.
6.2 Each User is responsible for the use, accuracy, quality and legality of User Content and the users that create, access and/or use User Content.
6.3 Despite clause 7.1, Envelope shall be authorised to screen, edit, monitor, remove and/or permanently delete User Content for any reason whatsoever, including where the User Content or User is in breach of these Terms or where outstanding Fees remain unpaid.
6.4 Copying, transmission, reproduction, republication, posting or redistribution of User Content of another User or any portion thereof is strictly prohibited without the prior written permission of Envelope or the relevant User.
7. INTELLECTUAL PROPERTY
7.1 Trademarks. Envelope has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Envelope.
7.2 Images. Envelop owns or has the right to use all images availalbe in the Service
7.3 Proprietary Information. The Service may use and incorporate software and other proprietary systems and Intellectual Property for which Envelope has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Service.
7.4 Service. The User agrees and accepts that the Service (including any source code, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Service) is the Intellectual Property of Envelope and the User further warrants that by using the Service the User will not:
(a) copy the Service or the services that it provides for the User’s own commercial purposes; and
(b) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Service or any documentation associated with it.
8.1 Each party acknowledges and agrees that:
(a) the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
(b) it owes an obligation of confidence to the Discloser concerning the Confidential Information;
(c) it must not disclose the Confidential Information to a third party except as permitted in these Terms;
(d) all Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
(e) any breach or threatened breach by the receiving party of an obligation under these Terms may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
8.2 A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
(a) any actual, suspected, likely or threatened breach of these Terms;
(b) any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
(c) any actual, suspected, likely or threatened theft, loss, damage, or unauthorised access, use or disclosure of or to any Confidential Information.
8.3 The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
(a) any actual, suspected, likely or threatened breach of these Terms; or
(b) any theft, loss, damage or unauthorised access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
9. LIABILITY & INDEMNITY
9.1 The User agrees that it uses the Service at its own risk.
9.2 The User agrees that Envelope is in no way responsible or liable, directly or indirectly, for any Gift or Gift Information, whether in general or with any other User or participant in providing Gift Information.
9.3 The User acknowledges that Envelope is not responsible for the conduct or activities of any User and that Envelope is not liable for such under any circumstances.
9.4 The User agrees to indemnify Envelope for any loss, damage, cost or expense that Envelope may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Service, any Gift or Gift Information including any breach by the User of these Terms.
9.5 In no circumstances will Envelope be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Service, any Gift or Gift Information or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Envelope knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
9.6 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Envelope and Envelope’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Envelope’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Envelope’s option to:
(a) the re-supply of services or payment of the cost of re-supply of services; or
(b) the replacement or repair of goods or payment of the cost of replacement or repair.
10.1 Any dispute relating to any Gift, Gift Information or otherwise between a Guest and a Couple must be resolved without involving Envelope.
10.2 Where Envelope does not have a relevant dispute resolution policy for a dispute between Envelope and a User, the following process shall apply:
(a) Negotiation. If there is a dispute between the parties relating to or arising out of these Terms, then within 10 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
(b) Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of these Terms until it has exhausted the procedures in this clause 14.1 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.
11. ELECTRONIC COMMUNICATION, AMENDMENT AND ASSIGNMENT
11.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
11.2 The User can direct notices, enquiries, complaints and so forth to Envelope as set out in these Terms. Envelope will notify the User of a change of details from time-to-time.
11.3 Envelope will send the User notices and other correspondence to the details that the User submits to Envelope, or that the User notifies Envelope of from time-to-time. It is the User’s responsibility to update its contact details as they change.
11.4 A consent, notice or communication under these Terms is effective if it is sent as an electronic communication unless required to be physically delivered under law.
11.5 Notices must be sent to the parties’ contact details as specified in the Particulars.
11.6 Envelope may assign its interest in these Terms to a third party by providing you with written notice of such assignment.
12.1 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
12.2 Relationship. The relationship of the parties to these Terms does not form a joint venture or partnership.
12.3 Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
12.4 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms and the transaction facilitated by it.
12.5 Governing Law. This Agreement is governed by the laws of the state of New South Wales. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
12.6 Severability. Any clause of these Terms, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
END GENERAL CONDITIONS
1. COMPETITION TERMS & CONDITIONS
(a) The Promoter of the Competition is envelope.do Pty Ltd ABN 54 167 039 018 (envelope.do)
1.2 Competition Name & Duration
(a) The Competition is called the “Monthly $500 Cash Promotion”.
(b) The Competition runs open for people who create a registry and receive a contribution in either January, February or March 2016.
(a) One registry will be selected one the 2nd of February, March and April respectively.
1.4 Draw & Winner
(a) The Winner will be drawn by the use of a random computation selection from the Website database at the envelope.do office.
(b) The Winner will be notified by phone and email.
(c) If the Winner does not confirm acceptance of the Prize within 48 hours then the Promoter may, in it discretion:
(i) Redraw the Prize.
1.5 Entry & Conditions
(a) Each new validly completed and confirmed registration (Signup) on “envelope registry.com” (Website) will be automatically entered in the Competition.
(b) Entry is restricted to new Signups that have never registered with the Website before, and are over the age of 18.
(c) Employees of envelope.do and their families may not enter the Competition.
2. CONDITIONS OF ENTRY
2.1 By entering the competition, participants agree to be bound by these General Terms and Conditions and any Special Terms and Conditions appearing on the website specific to the particular competition.
3. LIMITATIONS ON ENTRY
3.1 Participants may only enter the competition once, unless the Competition Terms and Conditions specify otherwise. Only the first received entry will be valid if more than one entry is received from a participant.
4.1 All prizes must be taken as offered and are not exchangeable, transferable, redeemable for cash or for resale. In the event that a prize is unavailable, the Promoter reserves the right to substitute a prize of equal or greater value.
4.2 Photographic identification of the winner will be required (examples include drivers licence/passport/student card where photo included) to claim a prize.
4.3 In special situations, and subject to the absolute discretion of the Promoter, a winner may nominate a designated representative to collect a prize. The representative will be required to present written authorisation from the winner and photographic identification of both the winner and their representative.
5.1 All entries become the property of the Promoter. Entries not completed in accordance with the conditions of entry or received after the closing date will not be considered. Indecipherable or incomplete entries will be disregarded. No responsibility is taken for late or misdirected email.
The Privacy Officer
envelope.do Pty Ltd, email@example.com
7.1 If for any reason a competition does not run for its duration due to a computer virus, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter that corrupts or affects the administration, security, fairness, integrity or proper conduct of the competition, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition or disqualify any individual who tampers with the entry process. The Promoter is not responsible for any:
(a) Malfunction, delay or traffic congestion on any telephone network or line, computer on-line system, servers or providers, computer equipment, software, or website;
(b) Failure of any email or entry to be received by the Promoter; nor
(c) Any injury or damage to entrants or any other person related to or resulting from participation in the competition or down loading any materials in a competition.
8. LIMITATION OF LIABILITY
8.1 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winner and, where applicable, to any persons accompanying the prize winner. This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again.