Terms and Conditions

PART A: GENERAL TERMS OF USE

PART B: COUPLES TERMS AND CONDITIONS

1. By opening a Couple's Account you agree to be bound by this section of the terms and conditions, without modification ("the Couple's Terms and Conditions "), the General Terms and Conditions, the HONEYMOONFUND Fraud Prevention Policy (the "Fraud Prevention Policy"), the HONEYMOONFUND Refund Policy and the HONEYMOON FUND Privacy Policy which together comprise the entirety of the agreement between the Couple and HONEYMOONFUND (hereinafter referred to as "these terms and conditions"). In the event of any inconsistency between these documents, they shall be applied in the following order of priority to the extent of the inconsistency only:
i. the Couples Terms and Conditions;
ii. the Fraud Prevention Policy;iii. the General Terms and Conditions;
iv. the Refund Policy;
v. the Privacy Policy.2. In this Part B "you" and "your" means a Couple or a person registered as a member of a Couple. Each person of a Couple is bound by this agreement, jointly and severally. The relationship between HONEYMOON FUND and the Couple is that of an independent contractor.3. At the time of your registration with this Site as a Couple, you will be provided with an online form to complete containing your information, you must complete all details satisfactorily before a unique registry or account number can be issued. . You can access your Fund using the user name and password details you selected upon registration. Subject to the provisions of these terms and conditions, the Couple can redeem Funds at any time of its/their choosing. The minimum amount per withdraw is $100. The Couple will be entitled to up to 3 transfers free of charge from their Fund and into its/their nominated bank account. After that, each additional transfer or transaction will attract a one-off transfer fee of $5 plus GST. The Couple must notify HONEYMOONFUND immediately or in any event within three business days of becoming aware of any perceived discrepancy in the Couple's Account or in its Fund.4. HONEYMOONFUND will keep the Fund open for sixty (60) days after the date of the Wedding. Any unclaimed amount that exists in the Fund after 60 days of the Wedding date will be transferred to the Couple’s bank account and the admin fee of $5 plus GST will be deducted from the Fund. You must inform us immediately in the unfortunate event that your Wedding is cancelled or postponed. In these circumstances the Fund will be closed within three business days of us receiving written confirmation from the Couple that the Wedding is cancelled or postponed indefinitely. HONEYMOONFUND is not responsible for refunding to Guests or reimbursing them for any Gift Payments made for a cancelled or postponed Wedding. In these circumstances:a) HONEYMOONFUND will exercise reasonable endeavours to provide the Couple with a list of Guests and the dollar value of a Gift Payment by each Guest, minus Administration Fees in respect of each such transaction; andb) the Couple is solely responsible for overseeing and paying any refunds to its Guests.5. Without limiting any other provision of these terms and conditions, HONEYMOONFUND may in its sole discretion immediately terminate a Couple's Account:
a) if the Couple fails within three business days to rectify a breach of these terms and conditions by the Couple, being a breach which in the sole opinion of HONEYMOON FUND is capable of being rectified;
b) if the Couple has breached a provision of these terms and conditions and such breach in the sole opinion of HONEYMOONFUND is not capable of being rectified.6. HONEYMOONFUND will exercise reasonable endeavours to ensure that information provided to the Couple in a "report of guest payments" is accurate and complete "real-time" data at the time of viewing by the Couple, in the context of the payment gateway, but the Couple acknowledges that prior to the closure of the Couple's Account the report of Guest payments cannot be guaranteed to be error-free particularly as there is usually a time lag between Guests making Gift Payments for the Couple and the processing of payments which are credited to the to the Couple's Accounts as redeemable by the Couple. In particular HONEYMOONFUND does not warrant or promise the completeness or accuracy of the "report of guest payments" in the event of:
a) a Guest having made a Gift Payment very recently; or
b) a Guest attempting to make a Gift Payment not by cleared funds; or
c) the credit card used by the Guest is declined by the credit card issuer; or
d) the credit card payment by a Guest to a Couple’s Account is subsequently reversed by the credit card issuer, a third party online payment provider or the credit card holder;
e) the direct debit payment by a guest subsequently being reversed.
7. The Couple cannot redeem the entirety of Funds until the Funds or payment has been cleared, processed and completed by the third party online payment provider selected by HONEYMOONFUND. This may be 1 or up to 5 business days. Redeeming Funds: the Couple can redeem Funds at any time but the balance available in the Couple's Account would be the balance as arrived since the last cleared payment by the third party online payment provider selected by HONEYMOONFUND. 8. HONEYMOONFUND will provide Couples with redemption numbers upon withdraw requests and a wedding registry account number. Only the registry account number is to be given to Guests. The Couple must keep their redemption number confidential and not disclose it to anyone else. The Couple can elect to redeem cash gifts from the Fund by selecting one or a number of the following options by the amounts specified by you in the tick box: withdraw cash, or any store cards or items that are available from time to time. The Couple should select the option carefully. Once the Couple chooses a method for redemption of one or a number of Gift Payment/s, this election is irreversible unless a criminal offence has occurred, as determined by a court of law, in relation to the Fund. 9. The Couple agrees to HONEYMOONFUND's withdrawal of an administration fee of $5 plus GST for more any withdraws of more than three (3) times (the "Fees"). 10. Subject to the operation of the HONEYMOONFUND terms and conditions, HONEYMOONFUND will refund to the Couple any un-redeemed Funds remaining in the Couple's account after 60 days from the Wedding date, minus the Fees. 11. If subsequent to a Guest seeking to make a cash gift payment for a Couple, the payment is reversed either by the credit card holder, the credit card issuer or the payment gateway, banker or other financial institution, or a court of law, then that amount will be deducted from the Couple's Fund and if at any time the amount of a Couple's Fund is in debit the Couple must pay the debit amount to the HONEYMOONFUND within 10 days of receiving a notice thereof from HONEYMOONFUND.

PART C: GUEST'S TERMS AND CONDITIONS

1. By sending a Gift payment you agree to be bound by this section of the terms and conditions, without modification ("the Guest's T&C's"), the General Terms and Conditions, the HONEYMOONFUND Refund Policy and the HONEYMOONFUND Privacy Policy which together comprise the entirety of the agreement between us. In the event of any inconsistency between these documents, they shall be applied in the following order of priority to the extent of the inconsistency only:
i. the Guests Terms and Conditions;
ii. the General Terms and Conditions;
iii. the Refund Policy;
iv. the Privacy Policy.2. In this Part C "you" or "your" means a Guest. Upon your successful gift payment transaction, HONEYMOONFUND will issue you with a voucher receipt/payment confirmation and Tax Invoice. The voucher receipt by a Guest of a confirmatory e-mail from HONEYMOONFUND of the making of a Gift Payment (including any graphic) shall not translate into immediately redeemable funds by the Couple until HONEYMOONFUND has received confirmation of cleared funds as having been provided by that Guest and that transaction not being subsequently reversed either by a third party online payment provider, the credit card holder or the credit card provider, bank or other financial institution. 3. All gift moneys contributed to a Couple's Account, will be held in the HONEYMOONFUND trust account until such time as the Couple redeems those Funds (minus Administration Fees). If subsequent to a Guest seeking to make a Gift Payment for a Couple, that payment is reversed either by the credit card holder, the credit card issuer or the payment gateway, banker or other financial institution or a court of law, then that amount will be deducted from the Couple's Fund and if at any time the amount of a Couple's Fund is in debit the Couple must pay the debit amount to the HONEYMOONFUND within 10 days of receiving a notice thereof from HONEYMOONFUND.4. HONEYMOON FUND is not responsible for refunding to Guests or reimbursing them for Gift Payment/s paid for a cancelled or postponed Wedding. In these circumstances:a) HONEYMOONFUND will exercise reasonable endeavours to provide the Couple with a list of Guests and the dollar value of Gift Vouchers purchased by each Guest, minus Administration Fees in respect of each such transaction; and b) the Couple is solely responsible for overseeing and paying any refunds to its Guests.5. The maximum total amount of cash gift payments that can be paid by a Guest for a particular Couple is AUD$9000 per Wedding. 6. The Guest warrants and promises that it is the owner or the fully authorised user of the credit card or bank account being used by the Guest for payment of the Gift Payment by the Guest by the payment gateway. 7. HONEYMOONFUND charges an admin fee on top of the gift amount nominated by the Guest to be sent to the Couple.This fee is charged to the Guest upon each payment transaction. The current fee rates are provided on the website.

PART D: REFUND POLICY

Guests Online gift paymentThere is no refund provided for completed online gift payments.Subject to the operation of the HONEYMOONFUND terms and conditions, upon completion of a Gift Payment, the ownership of the amount and the amount is instantly transferred to the Couple’s Account and available for the Couple to use at their discretion.Couples Store Gift Card redemptions Refund PolicyHONEYMOONFUND may have Store Gift Cards available for redemptions from time to time. The service requires a request/authorisation from the Couple to allow HONEYMOONFUND to purchase a store gift card on the Couple’s behalf. In this event, HONEYMOONFUND will pay the store with the nominated amount requested by the Couple and deduct this amount from the Couple’s total Fund.Whilst the store gift cards are being produced, in transit or posted, it is valueless until activated by the Couple.The Couple is required to acknowledge receipt of the store gift card by contacting HONEYMOONFUND via email. There is no refund from HONEYMOONFUND after acknowledgement email is received.Store gift cards are valid for 12 months from date of purchase.Charity Donations Refund PolicyHONEYMOONFUND fundraises for our chosen charity ChildFund Australia ("ChildFund") by donating 50c per online payment received by all our bridal couple customers i.e. Couples. This is raised by HONEYMOONFUND out of our fees and is non-negotiable.We provide the option for a Couple to “top up” donations of any amount to ChildFund by redeeming from the available HONEYMOONFUND fund total for that Couple, extra donations to ChildFund. This service requires a request/authorisation from the Couple to allow HONEYMOONFUND to donate on the Couple’s behalf. In this event, HONEYMOONFUND will transfer the donation amount to ChildFund and deduct this amount from the HONEYMOONFUND Fund total for that Couple. ChildFund will send a receipt to the Couple direct. Any refund requests will need to be made to ChilldFund Australia direct.Cash Withdraw Refund Policy All cash withdraws are simply a withdraw from the HONEYMOONFUND fund total for that Couple and transferred to the Couple's registered bank account as currently provided by the Couple on the registration page. Cash withdrawals are final.

PART E: HONEYMOONFUND Privacy Policy

1 Information Collection
1.1 HONEYMOONFUND will not collect personal information unless the information is necessary for one or more of our functions or activities.
1.2 HONEYMOONFUND will collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time (or, if that is not practicable, as soon as practicable after) HONEYMOONFUND collects personal information about an individual from the individual, we will take reasonable steps to ensure that the individual is aware of: a) the identity of HONEYMOONFUND and how to contact us; and
b) the fact that he or she is able to gain access to the information; and
c) the purposes for which the information is collected; and
d) the organisations (or the types of organisations) to which we usually disclose information of that kind; and
e) any law that requires the particular information to be collected; and
f) the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, HONEYMOONFUND will collect personal information about an individual only from that individual. 1.5 If HONEYMOONFUND collects personal information about an individual from someone else, we will take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.1.6 HONEYMOONFUND will collect each website user’s IP address and a list of pages visited. This information may be analysed in aggregate and will be used for business improvement. It may also be provided to business partners and advertisers.
1.7 Cookies are small pieces of data stored on a user’s computer hard drive when a website is accessed. HONEYMOONFUND relies on cookies to preserve the identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a Site Member and will not have access to the HONEYMOONFUND site.

2 Use and Disclosure
2.1 HONEYMOONFUND will not use or disclose personal information about an individual for a purpose (“the secondary purpose”) other than the primary purpose of collection unless:
a) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
(ii) the individual would reasonably expect us to use or disclose the information for the secondary purpose; or
b) the individual has consented to the use or disclosure; or c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
i) it is impracticable for us to seek the individual’s consent before that particular use; and
ii) we will not charge the individual for giving effect to a request by the individual not to receive direct marketing communications; and
iii) the individual has not made a request to us not to receive direct marketing communications; and
iv) in each direct marketing communication with the individual, we will draw to the individual’s attention, that he or she may express a wish not to receive any further direct marketing communications; and
v) each written direct marketing communication by us with the individual (up to and including the communication that involves the use) sets out HONEYMOONFUND’s business address and telephone number and, if the communication with the individual is made by fax, email or other electronic means, a number or address at which the HONEYMOONFUND can be directly contacted electronically; or
d) if the information is health information and the use or disclosure is necessary for research, or the compilation or analysis of statistics, relevant to public health or public safety:
i) it is impracticable for the organisation to seek the individual’s consent before the use or disclosure; and
ii) the use or disclosure is conducted in accordance with guidelines approved by the Commissioner under section 95A of the Privacy Act 1988 (Cth) for the purposes of this subparagraph; and
iii) in the case of disclosure – we reasonably believe that the recipient of the health information will not disclose the health information, or personal information derived from the health information; or e) we reasonably believe that the use or disclosure is necessary to lessen or prevent:
i) a serious and imminent threat to an individual's life, health or safety; or ii) a serious threat to public health or public safety; or
f) we have reason to suspect that unlawful activity has been, is being or may be engaged in, and we use or disclose the personal information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or
g) the use or disclosure is required or authorised by or under law; or
h) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
iii) the protection of the public revenue;
iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
v) the preparation for or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
2.2 If HONEYMOONFUND uses or discloses personal information under paragraph 2.1(h), we will make a written note of the use or disclosure.

3 Data Quality
HONEYMOONFUND will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date.
4 Data Security
4.1 HONEYMOONFUND will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure.
4.2 HONEYMOONFUND will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under National Privacy Principle 2.

5 Openness
5.1 HONEYMOONFUND has a set of guidelines clearly expressing our policies on management of personal information. The document is available upon request. 5.2 On request by a person, HONEYMOONFUND will take reasonable steps to let the person know, generally, what sort of personal information we hold, for what purposes, and how we collect, hold, use and disclose that information.

6 Access and Correction
6.1 If HONEYMOONFUND holds personal information about an individual, we will provide the individual with access to the information on request by the individual, except to the extent that:
a) in the case of personal information other than health information – providing access would pose a serious and imminent threat to the life or health of any individual; or b) in the case of health information – providing access would pose a serious threat to the life or health of any individual; or c) providing access would have an unreasonable impact upon the privacy of other individuals; or d) the request for access is frivolous or vexatious; or
e) the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
f) providing access would reveal our intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations; or g) providing access would be unlawful; or
h) denying access is required or authorised by or under law; or
i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
j) providing access would be likely to prejudice:
i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
iii) the protection of the public revenue; or
iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders;
by or on behalf of an enforcement body; or k) an enforcement body performing a lawful security function asks us not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 However, where providing access would reveal evaluative information generated within HONEYMOONFUND in connection with a commercially sensitive decision-making process, we may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 If HONEYMOONFUND is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (k) (inclusive), we will, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If HONEYMOONFUND charges for providing access to personal information, those charges:
a) must not be excessive; and
b) must not apply to lodging a request for access.
6.5 If HONEYMOONFUND holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, we will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If the individual and HONEYMOONFUND disagree about whether the information is accurate, complete and up-to-date, and the individual asks us to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, we will take reasonable steps to do so.
6.7 HONEYMOONFUND will provide reasons for denial of access or a refusal to correct personal information.
7 Identifiers
7.1 HONEYMOONFUND will not adopt as its own identifier of an individual an identifier of the individual that has been assigned by: a) an agency; or b) an agent of an agency acting in its capacity as agent; or c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract. 7.2 HONEYMOONFUND will not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:
a) the use or disclosure is necessary for us to fulfil our obligations to the agency; or b) one or more of paragraphs 2.1(e) to 2.1(h) (inclusive) apply to the use or disclosure; or
c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
7.3 In this clause:
“identifier” includes a number assigned by an organisation to an individual to identify uniquely the individual for the purposes of the organisation’s operations. However, an individual's name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999 ) is not an identifier.
8 Anonymity
Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with HONEYMOONFUND.

9 Transborder Data Flows
HONEYMOONFUND may transfer personal information about an individual to someone (other than the organisation or the individual) who is in a foreign country only if:
a) we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or b) the individual consents to the transfer; or c) the transfer is necessary for the performance of a contract between the individual and us or for the implementation of pre-contractual measures taken in response to the individual’s request; or d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between us and a third party; or e) all of the following apply:
i) the transfer is for the benefit of the individual; ii) it is impracticable to obtain the consent of the individual to that transfer; iii) if it were practicable to obtain such consent, the individual would be likely to give it; or
f) we have taken reasonable steps to ensure that the information which we have transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10 Sensitive Information10. HONEYMOONFUND will not collect sensitive information about an individual unless: a) the individual has consented; or b) the collection is required by law; or
c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
i) is physically or legally incapable of giving consent to the collection; or ii) physically cannot communicate consent to the collection; or d) if the information is collected in the course of the activities of a non-profit organisation – the following conditions are satisfied: i) the information relates solely to the members of the organisation or to individuals who have regular contact with it in connection with its activities; ii) at or before the time of collecting the information, the organisation undertakes to the individual whom the information concerns that we will not disclose the information without the individual’s consent; or e) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.
10. Despite subclause 10.1, HONEYMOONFUND may collect health information about an individual if: a) the collection is necessary for any of the following purposes:
i) research relevant to public health or public safety;
ii) the compilation or analysis of statistics relevant to public health or public safety;
iii) the management, funding or monitoring of a health service; and b) that purpose cannot be served by the collection of information that does not identify the individual or from which the individual's identity cannot reasonably be ascertained; and
c) it is impracticable for us to seek the individual’s consent to the collection; and d) the information is collected:
i) as required by law (other than this Act); or ii) in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind us; or
iii) in accordance with guidelines approved by the Commissioner under section 95A of the Act for the purposes of this subparagraph. 10. If HONEYMOONFUND collects health information about an individual in accordance with subclause 10.2, we must take reasonable steps to permanently de-identify the information before we disclose it.
10. In this clause:
“non-profit organisation” means a non-profit organisation that has only racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims. personal information link-http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#personal_informationindividual link – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#individualorganisations –http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6c.html#organisationsensitive information – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#sensitive_information
consent –http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#consent
health information – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#health_information
breach – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#breachenforcement – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#enforcement_body
agency – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#agency
service provider - http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#contracted_service_provider
commonwealth contact – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#commonwealth_contract
a new tax system -http://www.austlii.edu.au/au/legis/cth/consol_act/antsbna1999470/
privacy principle -
http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#national_privacy_ principlecommissioner – http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/s6.html#commissioner
this Act or the Act means the Privacy Act 1988 (Cth)– http://www.austlii.edu.au/au/legis/cth/consol_act/antsbna1999470/
section 95a – http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1936240/s95a.html