TERMS AND CONDITIONS

Welcome to Feel Good Ink! We provide a platform where you can create your own greeting cards and donate a portion of the price to charity. But first, there are just a few terms and conditions that we need to cover to make sure we’re all on the same page.

1. Acceptance

  1. (a)

    This website (Site) is operated by Feel Good Ink Pty Ltd (we, our or us). It is available at: www.feelgoodink.co and may be available through other addresses or channels. On our Site you can create and customise digital greeting cards, make a donation to a charity set out on our Site and then send the greeting card to a recipient for a fee (Services).

  2. (b)

    By accessing and/or using the Site you:

    • (1)

      warrant to us that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site);

    • (2)

      warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

    • (3)

      agree to use the Site in accordance with the Terms.

  3. (c)

    If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2. Accounts

  1. (a)

    You may create and purchase greeting cards from us without an account or you may choose to create an account with us which allows you to review your order history, save drafts, access a personal repository where your sent and received greeting cards will be saved and access any other extra features outlined on our Site. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

  2. (b)

    When you make a purchase, you will be asked to input basic contact information such as your name, email address and billing address and payment details and if you choose to create an account, you will need to choose a password.

  3. (c)

    Your account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the account owner, and regardless of any change in any contact details, you will remain responsible for your account as set out in these Terms. If you wish to change the account owner, you must provide us with a written request to transfer the ownership of the account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the account.

  4. (d)

    It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. You agree to immediately notify us of any unauthorised use of your account.

3. Greeting Cards

  1. (a)

    You may use the Site to select greeting card templates and customise them (including by adding text and uploading images) and we will send them on your behalf to your chosen recipient.

  2. (b)

    To send a greeting card to another person or business, you will need to purchase the greeting card from us as set out on the Site.

  3. (c)

    When you submit an order for a greeting card, you must select a charity set out on the Site to donate part of the purchase price to. The minimum donation amount will be as set out on the Site and included in the price. You will also have the opportunity to increase the amount of your donation to an amount of your choice. All donations made by you will be set out on the greeting card to show the recipient the difference the greeting card has made.

  4. (d)

    For each greeting card you purchase, we will make a donation of 50 cents to a charity or campaign of our choice, as set out on the Site.

  5. (e)

    Any order placed through the Site is an offer by you to purchase a particular greeting card or greeting cards for the price notified (including your donation to your selected charity and any other applicable charges and taxes) at the time you place your order.

  6. (f)

    Each order that we accept results in a separate binding agreement between you and us for the Services in accordance with the Terms.

  7. (g)

    It is your responsibility to check the order details, including the selected greeting card, the customisable message, the selected recipient and their contact details, any images uploaded, pricing and chosen charity, before you submit your order through the Site.

  8. (h)

    When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which will include a description of what was ordered, a tax invoice, an acknowledgment of the donation made to the selected charity and a guarantee that 100% of the donated amount will be directed to the selected charity. We will then send the greeting card on your behalf to the selected recipient. The recipient will receive the greeting card via email or sms (as selected by you) and will be able to view the greeting card in their browser, and, if they have an account with us, they will be able to save it in their repository and access it again in the future while they have an active account. If the email address of the recipient is invalid or the email bounces, we will endeavour to let you know so that you can correct the email address.

  9. (i)

    Please be aware that some of the greeting cards available through the Site, including our ‘Wicked’ category, may not be suitable for children under 18 years old and if you are under 18 years old, you should not browse, order or send such greeting cards. Please take extra care when ordering greeting cards for children under 18 years old.

  10. (j)

    You may terminate your account at any time using the ‘terminate account’ functionality. When you terminate your account, you will no longer have access to your repository or any drafts.

4. Price, payments and receipts

  1. (a)

    You must pay us the purchase price of each greeting card you order plus any applicable donation selected by you as set out on the Site (Donation) (together, the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).

  2. (b)

    You must pay the Price via Stripe, our third party payment processor, and the payment will be subject to Stripe’s terms and conditions (available via: https://stripe.com/au/legal).

  3. (c)

    We are appointed by each charity on our Site as their limited collection agent for the purpose of accepting Donations from you. Each charity agrees that payment of a Donation by you to us (as the charity’s limited payment collection agent) is to be considered the same as a Donation made directly by you to the charity. As the limited payment collection agent for the charity, we agree to facilitate the payment of the Donation to them.

  4. (d)

    All Donations to deductible gift recipients (DGR) though the Site will be tax deductible, to the extent permitted by law.

  5. (e)

    If you would like a DGR receipt for a Donation from the relevant charity you donated to, please get in touch with us and we will use reasonable endeavours to assist.

  6. (f)

    You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

  7. (g)

    We may from time to time issue promotional discount codes for certain greeting cards on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5. Returns and refunds

  1. (a)

    Digital cards at Feel Good Ink are non-refundable. You must ensure that you check your order carefully before pressing the checkout button at the end of the checkout process. We are unable to provide replacements or refunds for products due to your own spelling mistakes or other content errors which are not identified by you during the checkout process.

  2. (b)

    Please ensure the correct email address or mobile number was used when sending your card by reviewing the Feel Good Ink tax invoice sent to your email. The tax invoice contains the mobile number and email address used for delivery for your reference. Also, if your card was sent via email, ask your receiver to check their junk mail just in case your card has not reached their inbox. If you've completed these checks and the details are correct, please contact us at hello@feelgoodink.co and we'll investigate and get back to you promptly

6. Reporting a problem

  1. If for any reason you are not happy with your Feel Good Ink order, please contact the FGI Team hello@feelgoodink.co. You will need to quote your order number, the email address or mobile number you have sent your card to and the details of the issue with the order. We aim to acknowledge any issue within 24 hours, and will do our best to resolve it within 7 days.

7. Consumer Guarantees

  1. (a)

    Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).

  2. (b)

    Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

8. Prohibited conduct

  1. You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Site or which apply to you or your use of our Site; anything which we would consider inappropriate; or anything which might bring us or our Site into disrepute, including:

    • (1)

      anything that would constitute a breach of an individual’s privacy rights or any other legal rights;

    • (2)

      using our Site to defame, harass, threaten, menace or offend any person;

    • (3)

      interfering with any user using our Site;

    • (4)

      tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

    • (5)

      anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; or

    • (6)

      facilitating or assisting a third party to do any of the above acts.

9. Intellectual Property rights

  1. (a)

    We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site and Services in accordance with these Terms. All other uses are prohibited without our prior written consent.

  2. (b)

    Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the greeting cards available on our Site. Your use of our Site and the Services and your purchase of any greeting card does not grant or transfer to you any rights, title or interest in relation to our Site or the greeting cards.

  3. (c)

    You must not, without the prior written consent of ourselves or the owner of a greeting card (as applicable):

    • (1)

      copy, in whole or in part, any greeting card;

    • (2)

      reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any greeting card to any third party (other than through our Site); or

    • (3)

      breach any intellectual property rights connected with our Site, including by (i) causing any of our greeting cards to be framed or embedded in another website or location; or (ii) altering, modifying or creating derivative works from our greeting cards or any of our intellectual property (other than through our Site).

10. User Content

  1. (a)

    You will be permitted to upload and transmit relevant information and content, including text and images to customise a greeting card (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content for the purposes of providing our Services. We will not publicly publish any User Content without asking you first.

  2. (b)

    You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

    • (1)

      you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

    • (2)

      neither the User Content nor the uploading or transmission of the User Content or our use of the User Content on, through or by means of our Site is inappropriate or will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  3. (c)

    We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

11. Liability

  1. (a)

    In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

  2. (b)

    Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

    • (1)

      your acts or omissions;

    • (2)

      any use or application of the Site or Services by a person other than you, or other than as reasonably contemplated by these Terms;

    • (3)

      any works, services, goods, materials or items which do not form part of the Site or Services;

    • (4)

      the tax deductibility of any Donation;

    • (5)

      any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Site or Services;

    • (6)

      the Site or Services being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or

    • (7)

      any event outside of our reasonable control.

  3. (c)

    This clause will survive the termination or expiry of these Terms.

12. Limitations

  1. (a)

    Despite anything to the contrary, to the maximum extent permitted by law:

    • (1)

      our maximum aggregate liability arising from or in connection with the Terms will be limited to us resupplying our Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and

    • (2)

      we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

    whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

  2. (b)

    This clause will survive the termination or expiry of these Terms.

13. Warranties, Disclaimers and Indemnities

  1. (a)

    You represent, warrant and agree that:

    • (1)

      you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms;

    • (2)

      these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms; and

    • (3)

      to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Services will be true, accurate and complete.

  2. (b)

    You acknowledge and agree that although we allow you to make Donations to charities through our Site and our Site may contain links to websites operated by those charities, unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for those charities or the content on their websites. You should make your own investigations with respect to the suitability of those charities, any information available on their websites, and which charity you would like to donate to.

  3. (c)

    You acknowledge and agree that:

    • (1)

      you use the Site and the Services at your own risk; and

    • (2)

      the provision of the Site and Services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

  4. (d)

    You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

  5. (e)

    Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Site and Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. This clause will survive the termination or expiry of these Terms.

14. Termination

  1. At our sole discretion, we may suspend your account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights.

15. Collection Notice

  1. (a)

    We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process your orders, send greeting cards and for other purposes set out in our Privacy Policy.

  2. (b)

    We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our greeting cards to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

  3. (c)

    Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

  4. (d)

    By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

16. General

  1. (a)

    Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

  2. (b)

    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

  3. (c)

    Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

  4. (d)

    Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

  5. (e)

    Photographs: If you provide us with photographs of the greeting cards, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

  6. (f)

    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

  7. (g)

    Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

  8. (h)

    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

  9. (i)

    Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

  10. (j)

    Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

  11. (k)

    Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

For any questions and notices, please contact us at:

Feel Good Ink Pty Ltd 65 626 407 083
Email: hello@feelgoodink.co

Last update: December 2020