Wishbi.com (“Wishbi,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.wishbi.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Wishbi may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms of Service governing Dispute Resolution By Binding Arbitration shall be made as specified therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at https://wishbi.com/privacy/. All such terms are hereby incorporated by reference into these Terms of Service.

Finally, we encourage you, particularly if you intend to contribute (pitch in) to a Wishbi wishing well, to review the Fees section of these Terms of Service.

ACCESS AND USE OF THE SERVICES

Services Description:

The Services are offered as a platform (the “Platform”) to users of the Services, which may include Wishers, Claimers, Wishing Well Organizers and Contributors (each defined herein) and other registered users of the Services (which may include users who simply “like” Wishing Wells or otherwise interact with the Site or Services). Among other features, the Services are designed to allow a user (a “Wishing Well Organizer”) to post a fundraising wishing well (“Wishing Well”) to the Platform to accept monetary contributions (“Pitch In”) from those registered users wishing to contribute funds to the Wishing Well (“Contributors”). For purposes hereof, the term “Wishing Well Organizer or Creator” shall also be deemed to include any individual(s) designated as a beneficiary of a Wishing Well. Although there are no fees to set up a Wishing Well, a percentage of each Contribution will be charged as fees for our Services and those of our third party payment processors. Please see our Fees section for details.

In the Event of Charitable Giving:

Wishing Wells are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Wishbi permits Contributors to contribute directly to certain community organisations (“Charities”) through the Platform. Any contribution you make to a Wishing Well through the Platform may be processed by an unaffiliated business partner for which a processing fee (in addition to our Services fee) is deducted as described at https://www.wishbi.com/pricing. You understand and acknowledge that Wishbi is not a charity, and Wishbi does not solicit charitable contribution for itself or for any third-party charitable institution. If you or your community organisation would like to register to be listed as a charitable organization on the Platform, please contact us and we can help facilitate that process. As used in this Agreement, the term “Wishing Well” does not refer to a Charity, and you acknowledge that contributions to Wishing Wells are not deductible for Australian federal income tax purposes as charitable contributions.

The Services are a Platform; We are not an e-Commerce store, a Broker, Financial Institution, Creditor or Charitable Institution:

The Services are an administrative platform only. Wishbi facilitates the Pitch In contribution transaction between Wishing Well Organizers and Contributors, but is not a party to any agreement between a Wishing Well Organizer and a Contributor, or between any user and a Community Organisation. Wishbi is not a broker, agent, financial institution, creditor or insurer for any user. Wishbi has no control over the conduct of, or any information provided by a Wishing Well Organizer, Wisher, Claimer or a Community Organisation, and Wishbi hereby disclaims all liability in this regard.

Wishbi does not guarantee that a Wishing Well will obtain a certain amount of Contribution or any Contribution at all. We do not personally endorse any Wishing Well, Wishing Well Organizer, Community Organisation, Wisher, or Claimer and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Wishing Well, or the outcome of any fundraising purpose. You, as a Contributor, or Claimer must make the final determination as to the value and appropriateness of contributing to any Wishing Well, Wishing Well Organizer, Wish, or Wisher.

We do not and cannot verify the information that Wishing Well Organizers, Wishers and Claimers supply, nor do we guarantee that the Contributions and Granted Wishes will be used in accordance with any fundraising purpose prescribed by a Wishing Well Organizer or Community Organisation. We assume no responsibility to verify whether the Contributions and Wishes are used in accordance with any applicable laws, and such responsibility rests solely with the Wishing Well Organizer or Community Organisation, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Wishing Well Organizer or Community Organisation is not raising or using the funds for their stated purpose, please use the “Report” button on the Wishing Well to alert our team of this potential issue and we will investigate.
You, as a Wisher, determine whether or not you should provide any information e.g. address details, phone numbers etc. to Claimers to allow delivery of Wish/es and or Gift/s. You do so at your discretion.

Wishbi is not responsible for any information the Wisher choose to provide to Claimers and users of the platform.
You, as a Wishing Well Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Wishing Well is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Pitch Ins contributed to your Wishing Well will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Wishing Well with Contributors and beneficiaries of your Wishing Well, and with law enforcement or to assist in any investigation.

Your Registration Obligations:

You may be required to register with Wishbi in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Wishing Well Organizers must register using their true identities, including their name and any image purporting to depict the Wishing Well Organizer. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third party service providers (e.g., payment processors or charitable contribution processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third party services in order to facilitate the provision of Services (and related third party services).

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Wishbi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Wishbi will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services:

Wishbi reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Wishbi will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Public Display of Contributions:

At this stage all Pitched In Contributions will be publicly display for all to see, including on search engines (like Google and Yahoo).

Option to make a Contribution private will be available in the future.

Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.

General Practices Regarding Use and Storage:

You acknowledge that Wishbi may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Wishbi’s servers on your behalf. You agree that Wishbi has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Wishbi reserves the right to terminate accounts or Wishing Wells that are inactive for an extended period of time, provided that Wishbi will use its commercially reasonable efforts to provide a Wishing Well Organizer with reasonable notice before terminating an inactive Wishing Well having a positive balance of Contributions. You further acknowledge that Wishbi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services:

The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Wishbi and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wishbi account information to ensure that your messages are not sent to the person that acquires your old number.

CONDITIONS OF USE

User Conduct:

You are solely responsible for all Wishing Well descriptions, Wish descriptions and details, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Wishbi. However, this list is not exhaustive and Wishbi reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in Wishbi’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Wishing Well, freezing contributed (pitched in) funds when Wishbi reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:

  1. establish or contribute to any Wishing Well with the implicit or express purpose relating to any of the following:
  2. any activity that violates any law or governmental regulation;
  3. wishes, content or wishing wells that are fraudulent, misleading, inaccurate or dishonest;
  4. illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
  5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
  6. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
  7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
  8. the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
  9. activities with, in, or involving countries, regions, governments, persons, or entities (including but not limited to Specially Designated Nationals) that are subject to Australian economic sanctions, unless authorized by the Office of Foreign Affairs and Trade.
  10. human trafficking or exploitation;
  11. pornography or other sexual content;
  12. offensive, graphic, perverse or sensitive content;
  13. the defence or support of anyone alleged to be involved in criminal activity;
  14. offering monetary rewards, including gift cards;
  15. funding an abortion;
  16. ending the life of an animal;
  17. transactions for the sale of items before the seller has control or possession of the item;
  18. collection of payments on behalf of merchants by payment processors or otherwise; or
  19. credit repair or debt settlement services.
  • transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Wishbi, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Wishbi or its users to any harm or liability of any type; or
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.

Claiming and Granting Wishes:

You, as a claimer/granter, are responsible for delivering the wish/es that you have claimed to give to the wisher.

Wishbi is not responsible for any costs that may incur e.g. cost to purchase goods, delivery fees etc. All costs associated with granting and delivering of a wish and/or wishes is the sole responsibility of the claimer (the person who claimed the wish).

Wishbi is not responsible for any information the Wisher choose to provide to Claimers and users of the platform.

Accepting and Receiving Wishes:

You, as a Wisher, determine whether or not you should provide any information e.g. address details, phone numbers etc. to Claimers to allow delivery of Wish/es and or Gift/s. You do so at your discretion.

Wishbi is not responsible for any information the Wisher choose to provide to Claimers and users of the platform.

Pitch In Contributions:

In order to contribute to a Wishing Well, a Contributor will be required to provide Wishbi information regarding its credit card or other payment instrument. You, as a Contributor, represent and warrant to Wishbi that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Pitch in Contribution amount may apply, and that all Pitch in Contribution payments are final and cannot be refunded. Contributors may have the option to contribute recurring period pitch in contributions, and in electing to contribute on a recurring basis, you, as a Contributor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Contribution amount that you specify, and (ii) hereby authorize Wishbi to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.

Fees:

Wishbi does not charge a Wishing Well Organizer any upfront fees for initiating a Wishing Well. Wishbi retains a flat percentage of each Pitch In contributed to a Wishing Well and all charitable contributions made to a Community Organisation (collectively, “Wishbi Fees”). An additional payment processing fee is also deducted from each Contribution and is payable directly to our third party payment processors (the “Payment Processing Fee,” and together with the Wishbi Fees, the “Fees”). Contributors acknowledge that by contributing to a Wishing Well, the Contributor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Please see Fees at https://www.wishbi.com/pricing.
Fees are deducted directly from each Contribution, and will not be reflected in the amount which a Wishing Well Organizer can withdraw from the Wishing Well or which is directed to a Community Organisation. We reserve the right to change Wishbi’s Fee pricing from time to time. If Wishbi does change its Fees, Wishbi will provide notice of the change on the Site or in email to you, at Wishbi’s option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.

Account Holds:

From time to time, Wishbi may place a hold on a Wishing Well account (a “Hold”) restricting Withdrawals (defined herein) by a Wishing Well Organizer. Some of the reasons that we may place a Hold on a Wishing Well Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Wishing Well Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Wishing Well Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Wishing Well Organizer), (iii) if we have reason to believe that a Wishing Well Organizer has violated these Terms of Service, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Wishing Well account, or need information about how to resolve the Hold, please contact us.

Withdrawing Contributions from a Wishing Well:

You, as a Wishing Well Organiser (or, as applicable, the beneficiary designated by the Wishing Well), may request a maximum of one withdraw at the end of each Wishing Well (once Wishing Well has completed), less Fees and subject to any Holds that we may place on your Wishing Well account. A Wishing Well Organizer will received withdrawn Pitch In contributions by electronic bank transfer to your bank account. While Wishbi strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Wishbi does not guarantee that Withdrawals will be available to you within any specific time frame, and Wishbi expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Wishing Well Organizer, are responsible for ensuring that the information you provide to Wishbi in order to process a Withdrawal, including your bank account information, is accurate and up to date.

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks:

You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Wishbi, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Wishbi from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Wishbi, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Wishbi.

The Wishbi name and logos are trademarks and service marks of Wishbi (collectively the “Wishbi Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wishbi. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wishbi Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Wishbi Trademarks will inure to our exclusive benefit.

Third Party Material:

Under no circumstances will Wishbi be liable in any way for any content or materials of any third parties (including users and Wishing Well Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Wishbi does not pre-screen content, but that Wishbi and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Wishbi and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Wishbi, in its sole discretion, to be otherwise objectionable.

User Content Transmitted Through the Services:

With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Wishbi and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Wishbi and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Wishbi in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Wishbi’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Wishbi are non-confidential and Wishbi will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Wishbi may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wishbi, its users or the public.

Copyright Complaints:

Wishbi respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wishbi of your infringement claim by emailing info@wishbi.com
To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address.

If a counter-notice is received, Wishbi will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy:

Wishbi has adopted a policy of terminating, in appropriate circumstances and at Wishbi’s sole discretion, users who are deemed to be repeat infringers. Wishbi may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD PARTY WEBSITES/SERVICES

The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Wishbi has no control over such sites, services and resources and Wishbi is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Wishbi will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Wishbi is not liable for any loss or claim that you may have against any such third party.

SOCIAL NETWORKING SERVICES

You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Wishbi’s use, storage and disclosure of information related to you and your use of such services within Wishbi (including your friend lists and the like), please see our Privacy Policy at https://www.wishbi.com/privacy/. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Wishbi shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, Wishbi is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Wishbi is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Wishbi enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold Wishbi and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Contribution or Wishing Well, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISHBI AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WISHBI AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WISHBI NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WISHBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

IN NO EVENT WILL WISHBI BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

TERMINATION

You agree that Wishbi, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Wishbi believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Wishbi may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Wishbi may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Wishbi will not be liable to you or any third party for any termination of your access to the Services.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Services and Wishbi will have no liability or responsibility with respect thereto. Wishbi reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

USER DISPUTES

At Wishbi, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS

Please contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.

Withdrawing Contributions from a Wishing Well:

You, as a Wishing Well Organiser (or, as applicable, the beneficiary designated by the Wishing Well), will receive one lump sum withdraw once your Wishing Well has reached its end date or once Wishing Well has reached its target amount.