Terms of Service
1. About the Website
1.1. Welcome to www.givewithgravy.com (the 'Website'). The Website allows you to establish and manage a digital wedding registry and allows your guests to contribute to different funds. (The Website provides this service by way of granting you access to the content on the Website (the ‘Services’).
1.2. This Website is operated by the team at Gravy, a product of Wedshed Pty Ltd, herein referred to as Gravy. Access to and use of the Website, or any of its associated Services, is provided by Gravy. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and any of the Services, immediately.
1.3. Gravy reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Gravy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Gravy in the user interface.
3. Registration to use the Services
3.1. In order to access the Services, you must first register for an account through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
a. Email address;
b. Mailing address;
c. Telephone number;
d. Password;
e. First and last name; and
f. Wedding Date
g. Wedding participant details
h. Wedding venue and wedding related details
3.3. You warrant that any information you give to Gravy in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services.
3.5. You may not use the Services and may not accept the Terms if:
a. you are not of legal age to form a binding contract with Gravy; or
b. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Product Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
a. you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practises or guidelines in the relevant jurisdictions;
b. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
c. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Gravy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
d. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Gravy;
e. you will not use the Services or Website for any illegal and/or unauthorised use which includes any attempt at using the Services for money laundering, creating fictitious accounts, or collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
f. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Gravy for any illegal or unauthorised use of the Website; and
g. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payments via the Website
5.1. In order to establish the digital registry we will create a limited access account in your name with our Payment Provider. To establish this account you will be required to provide various documents including:
a. ID Documents
b. Bank Details
c. Signed connected account agreement as provided by our Payment Provider
d. Any other documents which may be required by Payment Provider
5.2. All payments made via the Payment Provider account are made using this third party platform. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third party terms and conditions which are available on their website.
5.3. You will not have direct access to the Payment Provider account established through our Website.
5.4. Where the option is given to you, you may make upfront payment by way of credit card payment. If upfront payments are made the commission charges as indicated on our website will be will be deducted at the time of payment.
5.5. You will select for funds collected into the digital registry to be released immediately upon receipt or on a date designated by you. If you select immediate release of funds, once cleared funds are available they will be transferred directly from the Payment Provider account to the Australian bank account designated by you. If you select a date for release of funds the funds will be maintained in the Payment Provider account and released on the date you choose. Funds can only be transferred into a bank account you have nominated and linked to the designated Payment Provider account.
5.6. You acknowledge and agree that where a request for payment via our Website is returned or denied, for whatever reason, by your financial institution you are liable for any costs, including banking fees and charges, associated with the failed payment.
5.7. You agree and acknowledge that Gravy can vary the commission rates and fees at any time and all changes will be updated on our Website.
5.8. All currency referred to on the Website is in Australian Dollars ($AUD).
6. Refund Policy
Gravy will only provide you with a refund of fees or commission charges in the event they are unable to continue to provide the Services or if Gravy makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. In the event a wedding is cancelled you will be responsible for selecting an Australian bank account to which the funds may be transferred from the Payment Provider account and further distribution will be your responsibility. Gravy will not be responsible in any way for returning payments made by individual guests.
7. Copyright and Intellectual Property
7.1. The Website and the Services of Gravy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Gravy or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Gravy, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
a. use the Website pursuant to the Terms;
b. copy and store the Website and the material contained in the Website in your device's cache memory; and
c. print pages from the Website for your own personal and non-commercial use.
7.3. Gravy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Gravy or its contributors.
7.4. Gravy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.5. You may not, without the prior written permission of Gravy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
Gravy takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to Gravy's Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b. Gravy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind, except as otherwise indicated herein. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Gravy make any express or implied representation or warranty about the Services or any products or services referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Website or any of its Services or related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website or any of the Services of Gravy; and
d. the Services or operation in respect to links which are provided for your convenience.
10. Liability
10.1. Gravy's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Gravy, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.3. Gravy is not responsible or liable in any manner for any site content (including Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Gravy, by third parties or by any of the Services offered by Gravy.
10.4. Gravy is not responsible for the accuracy of information entered by you on the Website including the provision of bank details. It is your responsibility to ensure that all information provided on the Website and for purposes of establishing the Payment Provider account is accurate. You acknowledge that the digital registry including names or photographs you upload to our Website are accessible to and may be viewed by the public.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Gravy as set out below.
11.2. If you want to terminate the Terms, you may do so by:
a. providing Gravy with 30 days' notice of your intention to terminate; and
b. closing your accounts for all of the services which you use, where Gravy has made this option available to you.
11.3. Your notice should be sent, in writing, to Gravy via the contact details provided on the Website.
11.4. Gravy may at any time, terminate the Terms with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. Gravy is required to do so by law;
c. the partner with whom Gravy offered the Services to you has terminated its relationship with Gravy or ceased to offer the Services to you;
d. Gravy is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
e. the provision of the Services to you by Gravy is, in the opinion of Gravy, no longer commercially viable.
11.5. Subject to local applicable laws, Gravy reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Gravy's name or reputation or violates the rights of those of another party.
11.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Gravy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
12.1. You agree to indemnify Gravy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c. any breach of the Terms.
13. Dispute Resolution
13.1. Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
a. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. The mediation will be held in Sydney, New South Wales, Australia.
13.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation
If two (2) weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Governing Law
The Terms are governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.