Wishin Terms and Conditions

Effective Date: 8 October 2025

1. Introduction

Welcome to Wishin. These Terms and Conditions ("Terms") govern your access to and use of the Wishin platform, website, and services (collectively, "Platform"), operated by [Wishin /649 858 173 95 ("Wishin", "we", "us", or "our").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

Wishin provides an online wishing well service that allows hosts to create personalised wishing wells ("Wishing Wells") for celebrations and occasions, and guests to contribute gifts, messages, photos, and videos to those Wishing Wells.

2. Definitions

In these Terms:

"Host" means a registered user who creates and manages a Wishing Well on the Platform.

"Guest" means a person who visits a Wishing Well and makes a contribution or submits content.

"User" means any person who accesses or uses the Platform, including Hosts and Guests.

"Contribution" means any monetary gift made by a Guest through the Platform.

"Content" means any message, photo, video, image, or other material submitted by a User.

"Service Fee" means the fee charged to Guests as described in clause 6.

3. Eligibility

To use the Platform, you must:

be at least 18 years of age; or

be at least 13 years of age and have the express consent of a parent or legal guardian who accepts these Terms on your behalf; and

be legally capable of entering into a binding agreement.

By using the Platform, you represent and warrant that you meet these eligibility requirements. Wishin reserves the right to verify your identity and age at any time.

4. Account Registration

4.1 Hosts must create an account to set up a Wishing Well. You agree to provide accurate, current, and complete information during registration and to keep your account details up to date.

4.2 Guests are not required to create an account but must provide accurate name and payment details when making a Contribution.

4.3 You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [Insert Email] if you become aware of any unauthorised access to your account.

4.4 Wishin reserves the right to refuse registration or cancel accounts at its sole discretion.

5. Permitted Use

5.1 The Platform is provided solely for personal, non-commercial use in connection with personal celebrations and occasions (for example, weddings, birthdays, engagements, baby showers, and similar events).

5.2 You must not use the Platform:

for any business, commercial, or investment purpose;

to send or receive payments for goods, services, or unrelated transactions;

to engage in fraudulent, deceptive, or misleading conduct;

in a manner that violates any applicable law or regulation, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF Act") and associated rules;

to harass, abuse, threaten, or intimidate any other User;

to upload or transmit viruses, malware, or any other harmful code;

to impersonate any person or entity or misrepresent your affiliation with any person or entity; or

to scrape, harvest, or collect data from the Platform without our prior written consent.

5.3 Wishin reserves the right to investigate suspected violations of these Terms and to take any action it considers appropriate, including suspending or terminating accounts without notice.

6. Payments and Fees

6.1 Host Receipts: Hosts receive 100% of all Contributions made to their Wishing Well. Wishin does not charge Hosts a platform fee.

6.2 Service Fee: Guests pay a service fee to facilitate Contributions, currently 2.8% plus standard card processing fees. The service fee is displayed to Guests at checkout prior to confirming a Contribution.

6.3 Fee Changes: Wishin may update its fee structure at any time. Updated fees will be published on the Platform. Continued use of the Platform after a fee change constitutes your acceptance of the revised fees.

6.4 Payment Processing: All transactions are processed by third-party payment service providers. Wishin does not store your full payment card details. By making a Contribution, you agree to the terms and conditions of the applicable payment provider.

6.5 AML/CTF Compliance: Wishin is required to comply with the AML/CTF Act. Wishin monitors transactions and may, at any time, require Users to verify their identity before processing or releasing funds. Failure to provide requested verification may result in a Contribution being held or reversed and your account being suspended.

6.6 Currency: All transactions are processed in Australian dollars (AUD) unless otherwise stated.

7. Refunds and Cancellations

7.1 All Contributions are non-refundable, except where required by law, including under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL").

7.2 If a Wishing Well is cancelled or closed by a Host, Guests will be notified. Wishin will use reasonable efforts to facilitate a refund in such circumstances but does not guarantee that Contributions can be recovered once processed.

7.3 Hosts may request a refund of a Contribution on behalf of a Guest in exceptional circumstances at Wishin's sole discretion.

7.4 Guests are responsible for ensuring all payment details are accurate before submitting a Contribution. Wishin is not liable for Contributions sent to an incorrect recipient due to User error.

7.5 To request a refund (where applicable), please contact us at [Insert Email] within 14 days of the transaction date.

8. Content

8.1 Guest Content: Guests may submit messages, photos, and videos ("Guest Content") when making a Contribution. Guest Content must be appropriate, respectful, and not:

contain offensive, defamatory, hateful, or sexually explicit material;

infringe the intellectual property, privacy, or other rights of any third party;

include personal information of third parties without their consent; or

violate any applicable law.

8.2 Licence: By submitting Content, you grant Wishin a non-exclusive, royalty-free, worldwide licence to store, display, and transmit that Content solely as necessary to provide the Platform services to you and the relevant Host.

8.3 Host Use: Hosts may view, display, and share Guest Content for personal, non-commercial purposes only. Hosts must not use Guest Content in a manner that would breach any applicable law or the privacy or rights of any Guest.

8.4 Content Moderation: Wishin reserves the right (but is not obligated) to review, refuse to publish, or remove any Content that it determines, in its sole discretion, violates these Terms or is otherwise inappropriate. Wishin is not liable for any failure to remove, or delay in removing, Content.

8.5 Your Responsibility: You are solely responsible for the Content you submit. Wishin does not endorse and is not responsible for any Content submitted by Users.

9. Intellectual Property

9.1 All intellectual property in the Platform, including its design, software, text, graphics, logos, and trade marks, is owned by or licensed to Wishin. All rights are reserved.

9.2 You must not reproduce, modify, distribute, republish, upload, post, transmit, or otherwise exploit any part of the Platform without Wishin's prior written consent.

9.3 You retain ownership of Content you submit to the Platform, subject to the licence granted in clause 8.2.

10. Third-Party Services and Links

10.1 The Platform may contain links to, or integrate with, third-party websites, applications, or services (including payment processors). These third parties operate independently of Wishin, and their services are governed by their own terms and privacy policies.

10.2 Wishin does not endorse and is not responsible for the content, accuracy, or practices of any third-party service. Your use of third-party services is at your own risk.

11. Privacy

11.1 Wishin collects, holds, uses, and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please refer to our [Privacy Policy] for full details.

11.2 By using the Platform, you consent to the collection and use of your personal information as described in our Privacy Policy.

11.3 Wishin will not sell your personal information to third parties.

12. Consumer Guarantees

12.1 Nothing in these Terms limits, excludes, or modifies any right or guarantee you may have under the ACL that cannot lawfully be excluded or limited, including consumer guarantees in relation to services.

12.2 To the extent permitted by law, where Wishin is liable for a failure to comply with a guarantee under the ACL, Wishin's liability is limited to:

re-supplying the relevant services; or

paying the cost of having the services re-supplied.

13. Limitation of Liability

13.1 The Platform is provided on an "as is" and "as available" basis. Wishin does not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components.

13.2 To the maximum extent permitted by law, Wishin excludes all liability (whether in contract, tort, negligence, statute, or otherwise) for:

any loss of revenue, profit, data, or opportunity;

any indirect, incidental, special, or consequential loss or damage; or

any loss arising from your use of, or inability to use, the Platform,

even if Wishin has been advised of the possibility of such loss.

13.3 Wishin is not responsible for lost, delayed, misdirected, or incomplete Contributions arising from User error, payment provider failure, or circumstances beyond Wishin's reasonable control.

13.4 Nothing in these Terms excludes liability for fraud, death, or personal injury caused by Wishin's negligence.

14. Indemnity

You agree to indemnify, defend, and hold harmless Wishin and its officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

your use of the Platform in breach of these Terms;

any Content you submit; or your violation of any law or the rights of any third party.

15. Suspension and Termination

15.1 Wishin may, at any time and without notice, suspend or terminate your access to the Platform if you breach these Terms, engage in fraudulent or unlawful conduct, or if Wishin considers termination necessary to protect other Users or the Platform.

15.2 You may close your account at any time by contacting us at [Insert Email]. Closure of your account does not affect any obligations that arose prior to closure.

15.3 Upon termination, your right to use the Platform ceases immediately. Wishin may retain certain information as required by law or for legitimate business purposes.

16. Dispute Resolution

16.1 If you have a complaint or dispute with Wishin, please contact us first at [Insert Email] so we can attempt to resolve it informally.

16.2 If the dispute is not resolved within 30 days of your written notice, either party may refer the matter to mediation administered by a mutually agreed mediator or, if no agreement is reached, by the Australian Disputes Centre.

16.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

17. Force Majeure

Wishin is not liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond Wishin's reasonable control, including acts of God, natural disasters, pandemic, government action, cyberattacks, or failure of third-party service providers.

18. Changes to Terms

18.1 Wishin may update these Terms from time to time. We will notify registered Users of material changes via email or a prominent notice on the Platform at least 14 days before changes take effect.

18.2 Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Platform.

19. General

19.1 Governing Law: These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria.

19.2 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be deemed severed, and the remaining provisions will continue in full force and effect.

19.3 Waiver: A failure or delay by Wishin to exercise any right or remedy does not constitute a waiver of that right or remedy.

19.4 Entire Agreement: These Terms, together with the Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and Wishin in relation to your use of the Platform.

19.5 Assignment: You may not assign or transfer your rights or obligations under these Terms without Wishin's prior written consent. Wishin may assign its rights without restriction.

20. Contact

For questions about these Terms, please contact:

Wishin Email: hello@wishin.com.au

Website: wishin.com.au

ABN: 649 858 173 95