Terms

Terms

GroupTogether

Terms and Conditions of Use

  1. INTRODUCTION

1.1. Introduction

GroupTogether's platform (Platform) makes it easy for a person to give a digital greeting card, a digital gift, or both. A card can be signed by one person or many. A gift can be funded by one person or many.

Common occasions include birthdays, farewells, thank yous and celebrations of all kinds. Common uses include gifts, rewards and incentives.

1.2. Owner

The Platform is owned and operated by GroupTogether INC (FEIN: 86 2555462) (GroupTogether).

1.3. Products

The Platform offers the following services:

  1. (Collection). One person (Organiser) sets up a collection and invites one or more people (each a Contributor) to contribute money toward a gift, reward or incentive for one or more recipients (each a Recipient).
  2. (Card). An Organiser can also set up a digital greeting card (Group Card) and invite one or more people (each a Signor) to sign that digital greeting card with a personal message and optional image.
  3. (Bulk). An Organiser can purchase and send between 1 and 1000 e-gift cards as a bulk transaction (Pack of Cards).

All products are digital and can be used individually or in combination.

1.4. Organiser

The Organiser is responsible for setting up a Collection, a Card, or a purchase of Bulk ManyCards.

The Organiser opens and closes the service and is responsible for scheduling or delivering the card, gift, or both to the Recipient(s).

Delivery can be immediate or scheduled for a future date and time.

1.5. Policies

GroupTogether may publish policies and procedures relevant to the use and operation of the Platform from time to time.

All Platform users, including Organisers, Contributors, Signors and Recipients must comply with these policies and procedures.

The policies and procedures do not form part of these Terms and Conditions and may be updated by GroupTogether from time to time.

The polices include GroupTogether’s Privacy Policy which can be accessed here: https://www.grouptogether.com/privacy

Changes take effect when published on the Platform. Users are responsible for reviewing policies regularly.

1.6. Third-Party links

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. Access

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.

  1. ORGANISER'S USE OF PLATFORM

2.1. Organiser account

To use the Platform as an Organiser you must create an account with a unique username and password (Login). A single Login can be used to set up multiple Collections and Cards.

You are responsible for keeping your Login secure at all times.

You accept full liability for any activity conducted using your Login. GroupTogether accepts no responsibility for unauthorised transactions processed through your account if your Login is compromised.

2.2. Organiser Warranties

By setting up an account on the Platform you warrant that:

  1. you are 18 years of age or older, or if you are under 18, you have the authority of a parent or guardian to set up the account and use the Platform; and
  2. all information you provide about yourself is true, accurate and complete.

2.3. Use of Platform

By uploading, posting or transmitting any content to the Platform you agree:

  1. not to submit material that is or may be offensive, defamatory, obscene, unlawful, vulgar, harmful, pornographic, threatening, abusive, harassing, hateful, or racially or ethnically objectionable; and
  2. not to submit any material that you are not authorised to upload, including, but not limited to, any copyright material.

By using the Platform, you agree not to impersonate any other person.

GroupTogether may terminate your use or remove any content you upload, post or transmit through the Platform if it considers you have breached these terms and conditions.

2.5. Prohibited Actions

As an Organiser you agree not to:

  1. use the Platform for any illegal, immoral or improper purpose;
  2. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Platform or its content;
  3. use any network monitoring or discovery software to determine the Platform architecture or extract information about usage or users, or use any software, device or manual process to monitor or copy the Platform or its content;
  4. cache Platform content in a way that causes harm, damage or loss to GroupTogether or any other person;
  5. modify or copy the layout of the Platform or any software or code contained within it; or
  6. attempt to recreate the functions or capabilities of the Platform or any software or code contained within it.

2.6. Liability

You agree to fully indemnify GroupTogether, its directors, officers and employees against any liability that arises in relation to your use of the Platform.

2.7. Expiry of Collection

A Collection will expire on the first anniversary of the date on which it is set up. GroupTogether's record of a Collection's expiry date is final and binding.

Prior to its expiry, the Organiser may use the Collection to purchase a GroupTogether ManyCard or a participating retailer eGift card, or in Australia, transfer funds to a nominated bank account.

Once a Collection expires, it cannot be accessed or reactivated, and any remaining balance cannot be transferred.

GroupTogether will periodically remind the Organiser if their Collection is set to expire soon.

GroupTogether will attempt to return the remaining balance to the Organiser for up to six months following the expiry of the Collection.

If GroupTogether is unable to return the remaining balance to the Organiser within 6 months of the expiry of the Collection, GroupTogether will automatically apply the remaining balance of the Collection to an ManyCard that will be issued to the Organiser. This ManyCard will be governed by the terms and conditions applicable to an ManyCard purchased through the Platform.

For the avoidance of doubt, the ManyCard issued to the Organiser cannot be redeemed or exchanged for cash and will have an expiry date of 36 months from the date it is issued.

GroupTogether is not responsible for any loss suffered by an Organise or any Contributor as a result of the conversion of the balance of an expired Collection into an ManyCard.

2.8. Use of Collection non-returnable

Once a GroupTogether ManyCard or eGift card is purchased using a Collection, neither the Collection nor the item purchased can be returned, exchanged or converted to cash.

2.9. Transfer of Collection Balance

For Australian residents, the balance of a Collection may be transferred to the Organiser's personal Australian bank account. Transfers to third party, business or association accounts are not permitted. Once transferred, GroupTogether has no further responsibility in respect of that Collection.

You must ensure all bank account details you provide are correct. GroupTogether is not liable for funds lost due to incorrect details and is under no obligation to trace or recover any such funds.

2.10. Termination of Service

GroupTogether may at any time and at its sole discretion:

  1. revoke, vary, suspend or cancel a Login;
  2. carry out maintenance or other work on the Platform that temporarily limits or denies access; and
  3. limit or deny access to the Platform or any part of it, for any reason.
  4. IDENTIFICATION

3.1. Requirement for Identification

GroupTogether may at any time and at its sole discretion require any user of the Platform, including any person involved in a Collection, to provide identification documents to verify that person’s identity and to comply with any identification obligations under law.

3.2. Organiser Identification

Where the total amount contributed to a Collection equals or exceeds $10,000.00, GroupTogether requires the Organiser to provide valid photo identification before any funds are released.

GroupTogether reserves the right to request identification at any other time at its sole discretion.

3.3. Information to be provided timely

Documents and information requested by GroupTogether must be provided within the time period specified by GroupTogether and in all cases in a timely manner.

3.4. Failure to provide information

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

  1. suspend the Collection;
  2. close the Collection and return any contributions to the relevant Contributors; and/or
  3. reverse any transactions undertaken using the Collection, including the purchase of an eGift Card or GroupTogether ManyCard.

3.5. Fraud Protection

GroupTogether uses fraud detection technology, including services which may be provided by a third-party that verifies the identity of Organisers against third-party fraud prevention databases. By using the Platform as an Organiser, you consent to the details you submit being used for the purpose of allowing GroupTogether to conduct these verification checks.

GroupTogether does not guarantee that its fraud detection technology will detect all instances of fraud. Except as required by law, GroupTogether is not responsible for the security and protection of your personal and financial information.

  1. FEES

4.1. Fee Charged

GroupTogether charges fees for use of the Platform as set out in this section and as published on the Platform from time to time.

4.2. United States

For Collections and GroupTogether ManyCard purchases, a payment processing fee applies. This fee reflects the cost charged to GroupTogether by its payment processors. The current rate is 2.9% plus $0.30 per transaction and may be updated by GroupTogether from time to time by publishing any updated fee on the Platform.

Fees for Card purchases are published on the Platform and are subject to change from time to time.

Where required by applicable state law, sales tax will be applied to Card purchases at checkout. The rate applied will reflect the rate applicable in the purchaser's state at the time of purchase. GroupTogether collects and remits sales tax in states where it is required to do so by law.

4.3. Changes to Fees

Fees are subject to change.

Changes will not apply retrospectively to contributions or purchases initiated before notice of a change is published on the Platform. They will apply to all transactions initiated after notice of a change is published.

GroupTogether's record of when a transaction is initiated is final and binding.

4.5. Third Party Providers

Payment services on the Platform are provided by third party payment processors. In Australia, payments are processed by Checkout.com Australia Pty Ltd and PayPal. In the United States, payments are processed by Stripe.

GroupTogether may also use other third party service providers to deliver the Platform, fraud detection and prevention and payment processing.

By using the Platform, Organisers and Contributors authorise GroupTogether to share relevant account data with these providers as required to deliver the Platform, Collections and Cards.

4.6. Other Currencies

GroupTogether may also accept payments in currencies other than Australian Dollars and US Dollars at its sole discretion. Where such payments are accepted, this option will be indicated on the Platform.

  1. MMANYCARDS

5.1. Issue and Use

This clause applies to the issue and use of GroupTogether ManyCards.

GroupTogether ManyCards are available as a generic ManyCard, redeemable at all Retail Partners, or as category-specific ManyCards redeemable only at Retail Partners within that category. GroupTogether curates the list of Retail Partners available in each category and this may change from time to time.

Once a GroupTogether ManyCard has been claimed by the Recipient, the Organiser will be notified that the ManyCard has been received. The Organiser has no further visibility into the Recipient's use of the ManyCard. The Recipient's balance, transaction history and redemption activity are private to the Recipient.

5.2. Added value is final

Once a GroupTogether ManyCard has been purchased and loaded with value, no further value can be added to it.

5.3. No Refund

The amount applied from a Collection to the purchase of a GroupTogether ManyCard will not be refunded under any circumstances.

5.4. No on-sale

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

5.5. Liability

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

5.6. Redemption

A GroupTogether ManyCard can only be redeemed through the Platform, either:

  1. through the Platform's ManyCard link, by way of exchange for a gift or eGift card from a Retail Partner; or
  2. through the Platform's gift link, by way of exchange for a gift or eGift card from a GroupTogether Retail Partner.

5.7. Retail Partners

Details of Retail Partners and their offerings are listed on the Platform and may change from time to time.

5.8. Validity

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

GroupTogether's record of an ManyCard's issue and expiry date is final and binding on the Organiser and Recipient.

Once a GroupTogether ManyCard has expired it cannot be reactivated and any unused value cannot be redeemed.

5.9. Terms of Use

A GroupTogether ManyCard:

  1. may be redeemed across multiple transactions provided all value is used before the expiry date;
  2. may be exchanged across multiple Retail Partners and multiple gifts or eGift cards in a single transaction;
  3. cannot be redeemed or exchanged for cash;
  4. cannot be replaced if lost; and
  5. once issued as a category-specific ManyCard, cannot be exchanged for a generic ManyCard or a different category ManyCard.

GroupTogether ManyCards and Collections must not be used in any manner that is unlawful, misleading, deceptive or unfair.

5.10. Use of ManyCard

Once a GroupTogether ManyCard has been redeemed in exchange for a Retail Partner gift or eGift card, a transaction arises between the ManyCard holder and the applicable Retail Partner.

GroupTogether is not a party to that transaction and bears no liability in respect of it. That transaction is subject to the Retail Partner's own terms and conditions.

5.11. Cancellation of ManyCard

GroupTogether reserves the right to place a stop on or cancel a GroupTogether ManyCard if:

  1. the Organiser reports the ManyCard as lost; or
  2. GroupTogether reasonably believes the ManyCard is being or will be used fraudulently or contrary to these Terms and Conditions.

5.12. Disputed Transaction

If a Recipient disputes a transaction on their GroupTogether ManyCard, they must notify GroupTogether at [email protected] within 90 days of the relevant transaction date.

GroupTogether is unable to assist where an incorrect gift selection has been made by the Recipient.

  1. CONTRIBUTORS

6.1. Contributor Account

As a Contributor, you do not need to set up an account on the Platform. However, a Contributor can set up an account on the Platform if they wish to do so.

You can access a Collection using the link provided by the Organiser and make a contribution to a Collection.

6.2. Refunds

A Contributor may request a refund of their contribution

  1. if the Organiser cancels the Collection; or
  2. there has been a clear error, including where a Contributor has paid into the wrong Collection, made a duplicate payment, or in other circumstances at GroupTogether's discretion.

To obtain a refund, a Contributor must provide GroupTogether with the email receipt issued by GroupTogether at the time of the contribution. This is used to verify the transaction and confirm the identity of the person requesting the refund.

In Australia, refunds are processed in full including any service fee charged. In the United States, refunds are processed less the payment processing fee charged by GroupTogether's payment processor, which is non-recoverable.

6.3. No representation or warranties

GroupTogether makes no representation and gives no warranty to a Contributor that the Organiser will use the contribution in any particular way or for any particular purpose or that it will be used in the way that the Organiser has represented to the Contributor (if any).

6.4. Liability

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

All risk in relation to the use of a contribution by the Organiser remains solely with the Contributor.

By participating as a Contributor, you fully release and indemnify GroupTogether in relation to any claim arising from your participation in a Collection.

  1. SIGNORS

7.1. Signor Account

As a Signor you do not need to set up an account on the Platform. However, a Signor can set up an account on the Platform if they wish to do so.

You can access a Card using the link provided by the Organiser and add a personal message and optional image.

7.2. How to Sign a Card

To sign a Card you must provide your name and email address. Your email address is used to:

  1. send you confirmation that your message has been added to the Card;
  2. provide you with a link to edit your message at any time before the Card is closed, without needing to contact the Organiser; and
  3. share the finalised Card with you once the Organiser has closed and sent it.

7.3. Licence to Use Content

By submitting content to a Card you grant GroupTogether a limited licence to display, store and transmit that content solely for the purpose of providing the Card service to the Organiser and Recipient. GroupTogether will not use your content for any other purpose.

7.4. Liability

GroupTogether makes no representation and gives no warranty to a Signor that the Card will be delivered to the Recipient or that the Organiser will send it in any particular way or at any particular time.

Where GroupTogether sends the Card on behalf of the Organiser, it will do so in accordance with the Organiser's instructions.

By participating as a Signor, you fully release and indemnify GroupTogether in relation to any claim arising from your participation in a Card.

  1. INTELLECTUAL PROPERTY RIGHTS

8.1. No licence or transfer

Except as expressly provided in these Terms and Conditions, nothing in these Terms and Conditions confers any licence or ownership right in any copyright or other intellectual property to any Organiser, Contributor or Signor.

8.2. Rights held by GroupTogether

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

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

8.3. Limitation on use

Except with the express written consent of GroupTogether, the Platform and its Content must not be used for any of the following purposes:

  1. reproducing the Content in any material form;
  2. distributing the Content in any material form;
  3. retransmitting the Content by any medium of communication;
  4. uploading or reposting the Content to any other site, online service or bulletin board; or
  5. framing the Content alongside material on any other website, online service or bulletin board.
  6. LIABILITY

9.1. No warranties

To the fullest extent permitted by law, GroupTogether disclaims all express or implied warranties, guarantees or representations regarding:

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

9.2. No guarantees

GroupTogether does not warrant or guarantee that:

  1. the Platform, its Content or the server making the Platform available are free of software viruses;
  2. functions contained in any software on the Platform will operate uninterrupted, be available at all times or be error free; or
  3. errors and defects in the Platform or its Content will be corrected.

9.3. Time limit on claims

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 of the date of the event giving rise to the claim.

9.4. Indirect Loss

GroupTogether is not liable for any loss that constitutes an Indirect Loss. Indirect Loss means losses which do not arise naturally 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, and loss of production or other business interruption loss.

9.5. Limitation of liability

GroupTogether's liability for losses that are not Indirect Losses, arising from or in connection with the provision of the Platform and its services to Organisers, Contributors and Signors, is limited to GroupTogether at its election either resupplying or paying for the resupply of the relevant service.

9.6. No liability for errors or omissions

GroupTogether is not liable for errors or omissions in:

  1. the Platform, its Content or on external platforms;
  2. delays to, interruptions of or cessation of services provided; or
  3. defamatory, offensive or illegal content on the Platform,

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

GroupTogether

Terms and Conditions: Loyalty Program

1. LOYALTY PROGRAM

1.1. Loyalty Program

GroupTogether Pty Ltd (ABN 43 159 697 668) (GroupTogether) operates a loyalty program (Loyalty Program) under which eligible users may earn points and use those points to redeem rewards on the GroupTogether platform.

These terms and conditions govern each user’s participation in the Loyalty Program.

1.2. Eligibility

Any user of the GroupTogether Platform may participate in the Loyalty Program. Each user will automatically be added to the Loyalty Program upon signing up to the Platform.

GroupTogether may suspend a user’s participation in the Loyalty Program at any time. GroupTogether may do so for any reason including, but is not limited to, where the Referrer is in breach of the Platform Terms and Conditions, the user’s login has been suspended, closed or blacklisted or the user has breached these Terms and Conditions.

1.3. Earning Points

Points may be earned when a user:

  1. purchases a Group Card;
  2. completes a collection where one or more people contribute money towards buying an eGift card for one or more recipients;
  3. purchases a pack of GroupTogether eCards;
  4. refers a new user; or
  5. places a bulk eGift card order.

The number of points earned for each type of transactions will be publishes on the Platform from time to time.

Your points balance may take some time (typically, up to 7 days) to be updated and be activated. During this time, your points balance may show transactions which are pending. You will not be able to use any points for transactions which are pending.

GroupTogether may, where it determined it necessary to do so, correct erroneous, or invalid points allocations or adjust for reversed transactions at any time even if it would put your account into a negative points balance. We will use reasonable endeavours to ensure all such corrections and adjustments are accurate and are made promptly.

GroupTogether may decline to award Points, or reverse the allocation of points already awarded, where the related transaction is cancelled, refunded or found to be fraudulent.

Points will not be earned if a collection has not been completed and expires. This includes situations where a collection is automatically converted into an ManyCard by GroupTogether.

You may check your points balance at any time through the GroupTogether platform.

Points do not expire unless you do not earn or redeem any points on your account for a period of 12 consecutive months. At that time, your points will automatically expire and we may also terminate your account.

You must not transfer, sell, or give your points to any other person.

1.4. Using Points

You may use your Points once their balance reaches the minimum redemption threshold published on the Platform.

Points may be used to redeem rewards at the conversion rate published on the Platform from time to time, such as:

  1. redeeming an ManyCard; or
  2. pay for a Group Card or Pack of Cards.

Points are deducted at the time of purchase and using Points to make a purchase does not itself earn further Points.

1.4. Rules for Points

Points:

  1. have no cash or monetary value and cannot be exchanged, sold, gifted or redeemed for cash;
  2. cannot be transferred to another person;
  3. expire 12 months after they become available, or such other period GroupTogether publishes, and a change to the expiry period applies only to Points earned after the change is published; and
  4. cannot be used to redeem any rewards while your points balance is negative.

An ManyCard obtained through points cannot be gifted or transferred to another person and cannot be combined with another ManyCard.

1.6. Refunds and reversals

If a transaction that earned points, or a purchase made using points, is refunded or reversed, GroupTogether will reverse the allocation of those points or the use of those points as the case may be.

This may result in a negative points balance, and the user cannot use any points until the balance is no longer negative.

1.7. Fraud and monitoring

Fraud detection monitoring under clause 3.5 of the Platform Terms and Conditions apply to these terms and conditions.

GroupTogether may withhold, cancel, reverse or reclaim any Points, and suspend or terminate a person’s participation in the Loyalty Program, where it reasonably believes that that person has acted improperly or fraudulently.

1.8. Changes and termination

GroupTogether reserves the right change any aspect of, suspend or discontinue the Loyalty Program at any time by publishing the change on the Platform.

GroupTogether disclaims all liability to any person arising from or with respect to the Loyalty Program, including any change to, or the suspension or discontinuation of the Loyalty Program.

GroupTogether

Terms and Conditions: Referral Program

1. REFERRAL PROGRAM

1.1. Referral Program

When you invite friends to use GroupTogether, both of you could benefit from rewards under GroupTogether’s Referral Program (Referral Program).

These Terms and Conditions govern your participation in the Referral Program. The Referral Program is operated by GroupTogether Pty Ltd (ABN 43 159 697 668) (GroupTogether).

1.2. Eligibility

A user (Referrer) is eligible to participate in the Referral Program once they have organised and completed at least one collection through the GroupTogether platform.

Once you have completed at least one collection through the GroupTogether platform, GroupTogether may issue you with a personal referral code (Referral Code) that you can share with your friends.

GroupTogether may suspend a Referrer’s participation in the Referral Program at any time. GroupTogether may do so for any reason including, but is not limited to, where the Referrer is in breach of the Platform Terms and Conditions, the Referrer’s login has been suspended, closed or blacklisted or the Referrer has breached these Terms and Conditions.

1.3. How it works

Where a user (Referred User) enters a valid Referral Code and completes a purchase of a Group Card, a funded Collection, or a bulk order, the Referrer whose Referral Code was used (Referring User) will receive Points (Referral Points) which will be credited towards that Referring User’s account under the GroupTogether Loyalty Program.

The Referred User must be a new user of the GroupTogether Platform. GroupTogether may treat a referral as invalid where the Referred User’s details, including their email address, already exists on the Platform.

The number of Referral Points per referral will be published on the Platform from time to time.

The Referred User will receive a free Group Card.

The Referred User must used a valid Referral Code prior to the completion of the purchase of the Group Card, funder Collection or bulk order in order to be validly counted as a referral for that Referring User.

1.4. Referral Limitations

  1. A Referrer may make as many referrals as they like during any calendar month. However, the Referrer will only earn Points on the first 20 successful referrals during that calendar month. Once that limit is reached, the Referrer will no longer receive points for any referrals made during that calendar month.

However, any Referred User will still receive a free Group Card even if the Referring User does not receive any Referral Points.

  1. A Referring User will only receive Referral Points once in respect of each Referred User (who uses the Referring User’s Referral Code), regardless of how many products the Referred User purchases.
  2. A Referrer cannot refer themselves, and GroupTogether may decline or reverse a reward where it reasonably believes the Referring User and Referred User are the same person.

1.5. Fraud and monitoring

Fraud detection monitoring under clause 3.5 of the Platform Terms and Conditions apply to these Referral Terms.

GroupTogether may withhold, cancel, reverse or reclaim any Points, and suspend or terminate a Referrer’s participation in the Referral Program, where it reasonably believes that the Referrer has acted improperly or fraudulently.

1.6. Changes and termination

GroupTogether reserves the right change any aspect of, suspend or discontinue the Referral Program at any time by publishing the change on the Platform.

GroupTogether disclaims all liability to any Referrer or other user of the Platform arising from or with respect to the Referral Program, including any change to, or the suspension or discontinuation of the Referral Program.