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Terms & conditions

End User Agreement governing Your access to and use of the Good Thnx application (‘App’) and any other websites, mobile sites, applications and services (‘Sites’) provided or otherwise made available to You by Good Thnx Pty Ltd (ACN 168 347 644).

Terms of use

  1. These terms and conditions (‘Terms of Use’) govern Your access to and use of the Good Thnx application (‘App’) and any other websites, mobile sites, applications and services (‘Sites’) provided or otherwise made available to You by Good Thnx Pty Ltd ACN 168 347 644 (‘Good Thnx’, ‘We’, ‘Our’ or ‘Us’). The term ‘You’ and ‘Your’ refers to the user or viewer of the App and/or Sites.
  2. This licence is a legal agreement between You and Good Thnx. These Terms of Use apply together with Our Privacy Policy to Your use of the App and/or Sites. You may only use the App and/or Sites in accordance with these Terms of Use, the Privacy Policy and any other applicable law.
  3. Please read these Terms of Use and Our Privacy Policy carefully. Your use of the App and/or Sites is conclusive acceptance of these Terms of Use and Our Privacy Policy.
  4. We may update these Terms of Use and Our Privacy Policy from time to time. The most up-to-date versions of these documents can be accessed via our website /terms-conditions. Your continued use of the App and/or Sites will be deemed to be Your conclusive acceptance of the modified Terms of Use and Privacy Policy.
  5. We may, in Our sole discretion, take any action We consider appropriate (including withdrawing Your access to the App and/or Sites) if You do not comply with these Terms of Use or We suspect that You have not complied with these Terms of Use.
  6. This is an Australian owned website.

Funds and gifts

Where applicable, on behalf of us, the Good Thnx Foundation (a public ancillary fund), will collect fundings (“Funds”) from you and then distribute those Funds to the organisations selected by you who have deductible gift recipient status under item 1 of the table in section 30-15 of the Income Tax Assessment Act 1997 (Cth).

Subject to this Agreement, you may run campaigns with us where you choose to give recipients the option to either:

  • receive a physical gift selected by you (“Gift”), and to provide us with their address for delivery of the Gift; or
  • choose a charity or other organisation from those selected by you, to receive Funds equivalent to the amount of the Gift.

2. If any Gift is comprised of or includes wine, other alcoholic beverages, or any other product for which a supplier is required to hold a liquor licence, you:

  • represent and warrant that all proposed recipients are over 18 years of age (or such other age as required by law for the intended place of receipt of the Gift);
  • acknowledge and agree that any orders for such Gifts are placed by us on your behalf, to suppliers with their own liquor licences, and that those orders and supply of Gifts are subject at all times to the relevant supplier’s terms of trade, and the constraints of the supplier’s liquor licence; and
  • acknowledge and agree that we reserve our rights to refuse to commence or continue to run a Gift campaign for you if we determine (in our sole discretion) that: (a) you are in breach of this clause 3; or (b) we have reason to believe that by running a Gift campaign you may be in breach of this Agreement.

3. At the end of a campaign (either 30 days, or as specified by you), if any recipient has not chosen to receive a Gift, has not provided their delivery address, or has not chosen a specific charity to receive Funds, the equivalent amount of the Gift will be automatically distributed to charity.

4. If you run a Gift campaign, you acknowledge and agree that:

  • Gifts may be selected from a list of suppliers provided by us (which may change from time to time), and may be subject to availability and/or quantity limitations, depending on the Gifts selected;
  • you are responsible for paying for Gifts, by paying the relevant amount of funds to us before the commencement of each Gift campaign as we may request;
  • fees for Gifts are inclusive of GST unless otherwise specified;
  • we will coordinate with the relevant suppliers to arrange dispatch of Gifts. We are not responsible for, and cannot accept liability for, delivery or any failure or delays in delivery of Gifts, including for any incorrect address being provided by any of your recipients;
  • third party suppliers and logistics providers are responsible for supply, dispatch and delivery of Gifts, and we are not responsible for any items being delivered broken or damaged. You release us from all claims, demands, loss, liability, expenses, and damage (whether direct or indirect) arising out of any dispute between you and any third party in relation to a Gift; and
  • if there is any issue with a Gift, please contact us. We will use reasonable endeavours to assist you to resolve that issue with the relevant supplier and logistics providers. To the maximum extent permitted by law, we do not accept any liability nor responsibility for any consumer guarantees under the Australian Consumer Law or any other relevant legislation.

Bank charges and refunds

  1. All purchases and donations are to be made using a debit/credit card.
  2. Once a donation is made, that transaction is final. If you become aware that your debit/credit card has been lost, stolen, or is being used fraudulently, it is your responsibility to report the issue to your financial institution.
  3. We do not store Your debit/credit card details. We use the Commonwealth Bank of Australia for basic merchant facilities. We also use the services of Stripe and Paystream, which stores Your debit/credit card data. The Paystream Payment Gateway is Level 1 PCI DSS Compliant. PCI DSS Compliance is a strict set of security standards introduced by the card schemes to protect the confidentiality, availability and integrity of customer data. Good Thnx is not responsible for and does not provide any warranty as to the safety or security of the Paystream Payment Gateway.
  4. Each quarter, Good Thnx will distribute the donations received into its Gift Fund to the recipient charities and organisations who are deductible gift recipients. The bank fee charged to Good Thnx on distribution of the donation will be paid by Good Thnx, not You.
  5. Unfortunately Good Thnx is unable to provide any refunds. Under exceptional circumstances, Good Thnx may in its sole discretion consider Your refund request.

Availability of the app and sites

  1. The App and/or Sites are made available to You on an ‘as is’ and ‘as available’ basis and Good Thnx makes no representation or warranty about Your ability to use and access the App and/or Sites at any time.
  2. Your ability to use the App and/or the Sites may depend on software, services, equipment, devices and internet connectivity that are your sole responsibility.
  3. You acknowledge that the App and/or Sites may be modified, suspended or withdrawn by Us at any time, without notice.
  4. Good Thnx:
    • does not warrant that Your use of the App and/or the Sites will be uninterrupted or error-free;
    • does not warrant that Your use of the App and/or the Sites will meet Your needs or requirements;
    • is not responsible for any delays, delivery failures or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that Your use of the App and/or the Sites may be subject to limitations and delays inherent in the use of such communication facilities; and
    • is not responsible for providing any updates to the App and/or Sites.

Your responsibilities

You agree and acknowledge that You will:

  1. Not allow anyone to access the App and/or Sites as downloaded by You and You will notify Good Thnx immediately if you become aware of any unauthorised use of the App and/or Sites as downloaded by You.
  2. always provide us with accurate and complete information.
  3. be solely responsible for procuring and maintaining Your network and telecommunications connections and You will ensure that Your network and systems comply with any specifications required by Good Thnx from time to time.
  4. ensure that You do not access, store, distribute or transmit any viruses, or material that is or is likely to be perceived as offensive, threatening, defamatory, abusive or misleading.
  5. comply with all applicable laws and regulations when using the App and/or Sites.

Intellectual property

  1. You agree and acknowledge that the App and the Sites are each exclusive Intellectual Property of Good Thnx and/or entities related to Good Thnx. You do not acquire any ownership rights or any rights in the App or the Sites whatsoever other than those expressly granted under these Terms of Use.
  2. You acknowledge that Good Thnx is the owner or licensee of all Intellectual Property rights that subsist any online software applications provided by Good Thnx as part of the App and/or Sites (‘Software’), and title to the Software, App and Sites remains vested in Good Thnx or Good Thnx’s licensors notwithstanding anything else in these Terms of Use.
  3. Good Thnx grants to You, a non-exclusive, non-transferable licence to use the App and/or the Sites.
  4. You, acknowledge and agree that You will not do any of the following (unless otherwise permitted by applicable law which cannot be excluded by agreement between the parties):
    • attempt to disassemble, reverse engineer, decompile, decipher, copy (electronically or otherwise), duplicate, modify, adapt, create derivative works from, reproduce, transmit, communicate, publish or distribute the App, the Sites and/or the Software or any part of it, including the source code;
    • view, access or use the source code in any Software incorporated in or associated with the App and/or the Sites;
    • attempt to override any security component or network firewall included in or underlying the App and/or the Sites, by the introduction of malicious software or any other means;
    • use any software, devices, scripts, robots or any other means or processes to access, “collect”, “crawl” or “spider” the App and/or the Sites;
    • access the App, the Sites and/or the Software and attempt to build a product or service which competes with the App and/or the Sites;
    • sell, sub-licence, assign, transfer or otherwise commercially exploit any rights in respect of the App and/or the Sites;
    • use the App and/or the Sites in any manner which restricts or inhibits any other user’s use of the App and/or the Sites,
    • remove any copyright, trademark or other proprietary rights notices contained in or on the App and/or Sites;
    • use the App and/or the Sites in a manner which may cause Us, any other user, or any charitable organisation to suffer loss, damage or liability;
    • cause or permit any person to do any of the above; or
    • otherwise engage in any behaviour which could be detrimental to the Good Thnx brand.

Privacy and third-party websites

  1. Good Thnx undertakes to act in accordance with its Privacy Policy.
  2. You acknowledge and agree that Good Thnx or its related entities may use, copy and edit, for its business purposes any material submitted by You in connection with the App and/or Sites (other than identifiable information or financial information such as Your name, any profile photo or banking details).
  3. Good Thnx will not disclose any of Your personal details to recipient charities and not-for-profit organisations.
  4. You consent to receiving communications from Good Thnx. You can opt out of this at any time if You are registered user by changing Your account settings. You will need to log into Your privacy settings within Your account settings and select ‘I do not wish to receive communications from Good Thnx’.
  5. Where the App and/or the Sites enable or assist You to access website content of third parties, You acknowledge that:
    • You access any third party websites at Your own risk;
    • Good Thnx makes no representation and has no liability or obligation whatsoever in relation to third party websites; and
    • Good Thnx recommends that You refer to the applicable terms and conditions and any privacy policy of third party websites prior to using such websites.

Cookies

Cookies are data that a website transfers to an individual computer’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by Us, can facilitate a user’s ongoing access to and use of a site. They allow Us to customise the website to Your needs. If You do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows You to deny or accept the cookie feature. But you should be aware that denying the cookie feature may prevent You from taking full advantage of the App and/or Sites.

Age of users

  1. You must not use or register on the App and/or Sites if you are under the age of 16.
  2. If You use the App and/or Sites, You represent and warrant that You are at least 16 years of age.
  3. Anyone under the age of 16 may only access or use the App and/or Sites where a completed parental consent form is provided to us by email to hi@goodthnx.me and where their access and use occurs under supervision as follows:
    • children under the age of 16 must be under supervision of an adult;
    • children under the age of 12 must be under the direct supervision of an adult;
    • children under the age of 6 must be under the direct supervision of a parent or guardian.

Liability

  1. You agree and acknowledge that Your use of the App and/or Sites is at your own risk, for which Good Thnx shall not be liable. It is Your responsibility to ensure that the App and/or Sites and any other products, services or information available via the App and/or Sites meets your specific requirements.
  2. To the maximum extent permitted by law, Good Thnx excludes all warranties, terms, conditions and guarantees regarding the App and/or the Sites which are implied by law (including the general law) or custom.
  3. Nothing in these Terms of Use operates to exclude, restrict or modify any guarantee, warranty or other term or condition, implied or imposed by legislation which cannot lawfully be limited or excluded. If limitation or exclusion is not permitted by law, Good Thnx will resupply or repair the App and/or Sites.
  4. You agree that Good Thnx is not liable for any claims arising out or in relation to Your use of the App and/or Sites and You release Good Thnx from and indemnify Good Thnx against all claims arising from or in connection with costs or damage caused or contributed to by the act, omission, negligence or default of Good Thnx.

General

  1. Entire Agreement: These Terms and Conditions contain the entire agreement between the parties in respect of the subject matter and supersedes and replaces any prior written or oral agreement, representations or understandings between them relating to such subject matter.
  2. Governing Law: The laws in South Australia govern this Agreement. The parties irrevocably submit to the exclusive jurisdiction of the Courts of South Australia and the Federal Court of Australia (Adelaide Registry).
  3. Amendment: The rights and obligations under this Agreement may only be amended by Good Thnx.

Questions? Contact us at hi@goodthnx.me.