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Terms and Conditions

Version: 5.1 - 1 October 2026

Alice and Bear Holdings Pty Ltd (ACN 701 192 896, ABN 84 701 192 896) trading as With A Bow

1. Definitions and interpretation

In these Terms, unless the context otherwise requires:

  • Account means the account created by an Event Organiser to access and use the Platform.
  • ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Active Event means an Event that has been published on the Platform and has not yet closed to Contributions.
  • Applicable Laws means all applicable laws, regulations, codes of conduct, regulatory guidance and industry requirements in force from time to time in Australia.
  • Business Day means a day on which banks are open for business in Sydney, New South Wales, excluding Saturdays, Sundays and public holidays.
  • Chargeback means a reversal, dispute, claim or chargeback initiated by or on behalf of a Guest through a card issuer, payment network, bank, the Payment Processor or other payments participant.
  • Connected Account means the Event Organiser's account with the Payment Processor which is linked or connected to the Platform for the purpose of receiving Contributions and payouts.
  • Contribution means a cash gift or payment toward a Gift Item made by a Guest through the Platform.
  • Event means an event, celebration, wedding, wishing well or registry created or administered through the Platform.
  • Event Date means the date entered for an Event by the Event Organiser, as amended in accordance with these Terms and the Platform functionality.
  • Event Organiser means the person who creates, administers or is authorised to administer an Event on the Platform and receive, or arrange receipt of, Contributions for that Event. A reference to an Event Organiser includes a host, couple or account holder where the context permits.
  • Fees means any fees, charges or amounts payable in connection with the Platform or Services, including the platform fee, pricing-tier fees, Payment Processor fees, refund fees, Chargeback fees or other amounts notified to users from time to time.
  • Gift Item means an item, experience, cash pool, charity item, honeymoon item, house-deposit item or other registry item created or displayed by an Event Organiser on an Event page.
  • GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Guest means a person who accesses an Event page, interacts with an Event page, makes or attempts to make a Contribution, leaves a message or receives communications through the Platform.
  • Intellectual Property Rights means all present and future intellectual property rights of any kind, including patents, trade marks, service marks, designs, copyright, database rights, know-how, trade secrets, domain names and all similar rights anywhere in the world, whether registered or unregistered.
  • Material Change has the meaning given in clause 22.
  • Non-Excludable Rights means any guarantee, condition, warranty or right implied or conferred by the ACL or any other legislation that cannot lawfully be excluded, restricted or modified.
  • Payment Processor means the nominated payment processor procured by With A Bow, which, as at the date of these Terms is Stripe Payments Australia Pty Ltd and/or its affiliates, but includes any replacement or additional payment processor procured by With A Bow from time to time in accordance with clause 22.
  • Payment Processor Terms means the terms, agreements, rules, requirements and policies that apply to the Payment Processor services, payments, refunds, Chargebacks and payouts.
  • Platform means the With A Bow online platform, including the website at withabow.com.au, event pages, payment flows, messaging tools, reporting tools, account features, software and related technology operated by With A Bow.
  • Platform IP means all Intellectual Property Rights in and to the Platform, including the software, source code, user interface, design, branding, logos, trade marks, content, documentation, analytics and related technology.
  • Privacy Policy means With A Bow's privacy policy as published on the Platform and amended from time to time.
  • Services means the digital wishing well and registry creation, payment facilitation, payout coordination, messaging, reporting, moderation, support, risk-review and related services provided through the Platform.
  • Terms means these Terms and Conditions as amended from time to time.
  • User Licence means the licence granted to users under the Intellectual Property clause of these Terms.
  • With A Bow means Alice and Bear Holdings Pty Ltd (ACN 701 192 896, ABN 84 701 192 896) trading as With A Bow.
  • With A Bow Parties means With A Bow and its directors, officers, employees, agents, contractors, advisers and affiliates.
  • Your Content means all content, information, data, documents, images, photographs, event details, gift items, descriptions, messages and materials uploaded, submitted, published, sent or otherwise provided by users through or in connection with the Platform.

In these Terms, unless the context otherwise requires: a reference to "you" or "users" includes a user of the Platform, including Event Organisers and Guests; headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a person includes a natural person, body corporate, partnership and unincorporated association; a reference to legislation includes any amendment, re-enactment or replacement of that legislation; "includes" and "including" are not words of limitation; "writing" or "written" includes email and other electronic communications; and time periods are calculated exclusive of the day on which the period commences.

2. Platform overview

With A Bow operates a digital wishing well and gift registry platform that allows Event Organisers to create Event pages through which Guests can make cash gifts, contribute toward Gift Items, leave messages and receive related communications.

The user acknowledges and agrees that:

  • With A Bow provides a software platform and related Services only and is not a party to any arrangement between an Event Organiser and any Guest;
  • With A Bow is not a bank, authorised deposit-taking institution, trustee, escrow service, financial adviser, charity, fundraiser, wedding planner, event organiser or provider of financial products, services or financial advice;
  • With A Bow does not hold Contributions in a pooled With A Bow bank account or trust account;
  • Contributions are processed through the Payment Processor and, based on the current Platform architecture, are directed to and held within the relevant Event Organiser's Connected Account before payout to that Event Organiser's nominated bank account;
  • Each Contribution is charged through With A Bow's platform Payment Processor account and the Contribution amount is transferred immediately to the Event Organiser's Connected Account. With A Bow's platform account retains only the applicable platform fee, and With A Bow does not hold the Contribution amount, except to the extent required to process refunds, reversals, Chargebacks, errors, risk reviews or other payment operations through the Payment Processor;
  • With A Bow does not guarantee the identity, authority, honesty, solvency, reliability, conduct or intentions of any Event Organiser or Guest;
  • With A Bow does not guarantee that an Event will occur, that any Contribution will be used for a particular purpose, or that any Gift Item description is accurate;
  • Guests are responsible for deciding whether to make a Contribution to an Event;
  • Event Organisers are responsible for the accuracy of their Event pages, their authority to receive Contributions, their use of Contributions after payout, and their compliance with Applicable Laws; and
  • nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary, trustee, escrow or advisory relationship between you and With A Bow.

With A Bow operates the Platform and owns or is licensed to use all Platform IP.

3. Ownership of Contributions

A Contribution is a gift from the Guest to the Event Organiser. Beneficial ownership of a Contribution passes to the Event Organiser when the payment is successfully processed, and With A Bow does not acquire any beneficial interest in a Contribution at any time.

With A Bow's role is limited to providing the Platform and to controlling the timing of payments to the Event Organiser. Where With A Bow handles a Contribution amount in connection with a refund, reversal, Chargeback, error, risk review or other payment operation, it does so administratively and this does not give With A Bow any beneficial interest in that amount.

4. Eligibility, accounts and registration

To create an Account or Event, you must register for the Platform and complete the account creation process. By creating an Account, creating an Event, making a Contribution or otherwise using the Platform, you represent and warrant that:

  • you are at least 18 years of age;
  • you have the legal capacity and authority to enter into a binding agreement;
  • all information you provide is true, accurate, current, complete and not misleading;
  • you will promptly update your Account, Event, Connected Account and payout information to maintain its accuracy;
  • you will comply with these Terms, the Privacy Policy, the Payment Processor Terms and all Applicable Laws; and
  • where you use the Platform on behalf of another person or entity, you are authorised to do so and to bind that person or entity to these Terms.

You may be required (and where so required, you agree) to provide information and complete steps reasonably required by With A Bow or the Payment Processor, including account details, identity information, authority information, Event details, payment information, bank account information, consents, acceptance records, risk-review information and any other information reasonably required to operate, verify, secure or administer the Platform.

You are responsible for maintaining the confidentiality and security of your Account credentials. You must notify With A Bow promptly of any unauthorised access to or use of your Account. You are responsible for activities that occur under your Account, except to the extent they result from With A Bow's failure to take reasonable steps to secure the Platform.

With A Bow may refuse registration, require additional information, require identity or authority verification, suspend access or terminate an Account where With A Bow reasonably considers it necessary for security, fraud prevention, risk management, legal, regulatory or payment reasons, or where you have not provided information reasonably required by With A Bow. Clause 17 applies to any suspension or termination.

5. Event pages and use of Platform

An Event Organiser may create an Event page for an Event for which they are authorised to receive Contributions. An Event page may include names, dates, descriptions, photographs, Gift Items, contribution options, messages and other content selected by the Event Organiser.

Event pages may be shared by Event Organisers with Guests and may be accessible to any person with the relevant link or through other Platform functionality. Event Organisers are responsible for ensuring they are comfortable with the information, names, images and details they make available on an Event page.

With A Bow may impose limits on Event pages, including limits on Event lead time, maximum Event duration, contribution periods, late-gift periods, contribution amounts, number of Gift Items, image sizes, content types or other Platform functionality. Limits that apply to an Event are shown on the Platform. A change to a limit that is a Material Change is subject to clause 22.

With A Bow does not actively review all Event pages before publication and does not guarantee that Event pages are complete, accurate, current, lawful or appropriate. With A Bow may review, edit, restrict, suspend, remove or refuse Event pages or content in accordance with these Terms.

6. Event Organiser obligations

In using the Platform and creating or administering an Event, the Event Organiser represents, warrants and undertakes that:

  • the Event is genuine and the Event Organiser has authority to create, publish and administer the Event page;
  • the Event is for the Event Organiser, their partner or spouse, their immediate family, or another person or persons who have authorised the Event Organiser to receive Contributions on their behalf;
  • all information on the Event page, including the Event title, Event Date, names of honourees, descriptions, photos, Gift Items, contribution purposes and messages, is true, accurate, current, complete and not misleading;
  • the Event Organiser has the right to use all names, images, photographs, trade marks, content and other materials included in or sent through the Platform, including the consent of any person shown or described where the law requires it;
  • the Event Organiser will not impersonate any person or organisation, create a fake Event, misrepresent their identity, misrepresent their relationship to any person, or mislead Guests about the purpose of any Contribution;
  • the Event Organiser has the legal right and authority to receive and use Contributions paid to the nominated bank account;
  • the Event Organiser will use the Platform and Contributions in accordance with all Applicable Laws, including laws relating to fraud, misleading or deceptive conduct, privacy, consumer protection, anti-money laundering, sanctions, fundraising and taxation;
  • the Event Organiser will not use Guest contact details for unrelated marketing or promotional purposes unless separately permitted by law and supported by appropriate consents;
  • the Event Organiser will promptly notify With A Bow if an Event is cancelled, materially changed, fraudulent, compromised, disputed or otherwise affected by circumstances that may affect Guests, Contributions, refunds or payouts; and
  • the Event Organiser will comply with any reasonable request by With A Bow or the Payment Processor for information, verification, cooperation or action in connection with an Event, Contribution, refund, Chargeback, dispute, risk review, legal request or Platform issue.

A breach of this clause may result in suspension or termination of the Account, a hold on pending payouts, removal of the Event page, refund or reversal of Contributions, and referral to law enforcement, regulators, the Payment Processor, card issuers or other relevant persons where appropriate. Clauses 9 and 17 apply to any of those steps.

7. Guest Contributions

Guests may access Event pages and make Contributions through the Platform. A Guest does not need to create an Account to make a Contribution, unless required by Platform functionality, With A Bow or the Payment Processor from time to time.

By making or attempting to make a Contribution, a Guest represents, warrants and acknowledges that:

  • they are authorised to use the payment method provided;
  • the Contribution is a gift or payment toward a Gift Item for the relevant Event Organiser and is not a deposit, investment, loan, stored value, financial product or payment for goods or services supplied by With A Bow;
  • the Event page and Gift Items are created by the Event Organiser, not With A Bow;
  • With A Bow does not guarantee that the Event will occur, that the Event Organiser will use the Contribution for any particular purpose, or that any Gift Item description is accurate;
  • the Contribution, Fees and any applicable Payment Processor fees are or have been disclosed before the Guest confirms payment; and
  • refunds are dealt with under clause 11, the Payment Processor Terms, payment network rules and Applicable Laws.

Guests should use their own judgement before making a Contribution. If a Guest believes an Event is not authentic, unauthorised, misleading, unlawful, cancelled or otherwise suspicious, the Guest should contact With A Bow promptly using the contact details on the Platform.

8. Payments, Fees and Payment Processor

Contributions, Fees, refunds, Chargebacks and payouts are processed through the Payment Processor. Your use of payment, Connected Account, refund, Chargeback or payout functionality may be subject to the Payment Processor Terms. You agree to comply with the Payment Processor Terms and any requirements imposed by the Payment Processor in connection with the Platform.

With A Bow may charge Fees for access to or use of the Platform or any features. Pricing tiers, the platform fee, fee allocation choices, inclusions, caps and limits are published on the Platform and may include different tiers which attract a different scope or limitation of the Platform and different Fees.

A platform fee may apply to each Contribution or to a selected pricing tier. The platform fee is the same whichever payment method the Guest uses, and With A Bow does not add any separate amount for card processing. Depending on the Event Organiser's selected settings, the platform fee may be added in addition to the Guest's Contribution, absorbed by the Event Organiser, or shared between the Guest and Event Organiser. The relevant amount payable by the Guest, the amount to be received by the Event Organiser and the relevant Fees will be disclosed through the Platform before payment is confirmed.

The platform fee is charged by With A Bow to the Event Organiser for access to and use of the Platform. Where the Event Organiser has chosen for Guests to cover the platform fee in whole or in part, a Guest who pays that amount does so in discharge of the Event Organiser's liability to With A Bow. With A Bow makes no supply to the Guest, and the Guest acquires no contractual right against With A Bow in respect of that amount. Nothing in this clause limits any Non-Excludable Right a Guest has, or any right a Guest has under clause 11.

The Payment Processor's card processing costs are borne by With A Bow out of the platform fee and are not charged to the Guest or deducted from the Contribution. International card fees, currency conversion fees, refund fees, Chargeback fees or other payment-related fees may apply. These fees may be charged by the Payment Processor or a card issuer, or deducted from Connected Account balances, payouts or other amounts in accordance with the Payment Processor Terms and the Platform settings, as disclosed on the Platform before payment is confirmed.

All Fees are quoted in Australian dollars and are exclusive of GST unless otherwise stated. GST will be added to Fees where applicable.

Subject to your Non-Excludable Rights and to clauses 11, 17 and 22, Fees are non-refundable unless expressly stated otherwise, required by law or agreed by With A Bow in writing.

9. Fund flow, payouts and holds

When a Guest makes a Contribution, the payment is processed by the Payment Processor through With A Bow's platform account, and the Contribution amount is transferred immediately to the relevant Event Organiser's Connected Account. With A Bow's platform account retains only the applicable platform fee. The Payment Processor's card processing costs are borne by With A Bow out of that fee.

With A Bow does not operate a pooled client account or trust account for Contributions. With A Bow initiates payout instructions through the Payment Processor according to the Platform settings but does not own the underlying Contributions.

Unless otherwise stated on the Platform or agreed by With A Bow, Contributions are paid to the Event Organiser's nominated bank account on the following basis: the main payout is initiated after the Event Date; late Contributions may be paid during a post-Event period using the payout timing specified on the Platform; and the Event page or contribution functionality may close after the post-Event period specified on the Platform.

Payout timing is subject to Payment Processor processing times, bank processing times, weekends, public holidays, Payment Processor Terms, technical availability, identity verification, Chargebacks, disputes, legal requirements and the matters set out below.

With A Bow may delay, withhold or suspend a payout, or cancel or reverse a payout where the Payment Processor allows it, where With A Bow or the Payment Processor reasonably considers it necessary because of: suspected fraud, impersonation or unauthorised activity; suspected money laundering, sanctions risk or other suspicious activity; a Chargeback or refund request; an Event cancellation; account compromise; a material breach of these Terms; a legal requirement or a request from a regulator, court or law enforcement body; a technical error affecting the payout; or another circumstance of a similar kind that creates a real risk of loss to a Guest, an Event Organiser, the Payment Processor or With A Bow.

Where With A Bow delays, withholds or suspends a payout under this clause, With A Bow will:

  • tell the Event Organiser as soon as reasonably practicable, with the reason, unless the law, the Payment Processor or a law enforcement request prevents it, or giving the reason would reasonably be expected to undermine an investigation into fraud, security or unlawful conduct;
  • keep the hold no longer than reasonably necessary, and review it at least every 14 days;
  • pay out any amount that is not affected by the concern as soon as it reasonably can; and
  • pay out the held amount, less any amount properly refunded or recovered under clause 11, once the reason for the hold no longer applies.

Event Organisers authorise With A Bow to initiate payment instructions, payout instructions, refunds, transfer reversals, adjustments and other payment operations through the Payment Processor in connection with the Platform, Contributions, Fees, refunds, Chargebacks, disputes, errors, risk reviews and compliance matters, in each case in accordance with these Terms.

10. Contributions that cannot be paid to the Event Organiser

An Event Organiser must complete identity verification with the Payment Processor before Contributions can be paid to them. Where an Event Organiser has not completed verification, Contributions remain the property of the Event Organiser and are held in the Event Organiser's own account with the Payment Processor. With A Bow does not hold those amounts and does not acquire any interest in them.

Where an Event Organiser has not completed verification by the date their Event page closes to Contributions, With A Bow may return the Contributions to the Guests who made them. With A Bow will give the Event Organiser reasonable notice before doing so. Amounts returned to a Guest are returned to the payment method used to make the Contribution.

11. Refunds, Event cancellations, Chargebacks and disputes

Refunds may be processed where required by law, required under the Payment Processor Terms, requested by the relevant Event Organiser and accepted by With A Bow, or otherwise considered appropriate by With A Bow acting reasonably. In all other cases, and unless these Terms say otherwise, Contributions are non-refundable and are irrevocable.

Where an Event is postponed or materially changed, With A Bow may pause payouts for that Event and will contact Guests where it considers it reasonable to do so. A Guest who does not wish their Contribution to go towards the changed Event may ask With A Bow for a refund, and With A Bow will consider the request with the Event Organiser under this clause.

Once a Contribution has been paid out to the Event Organiser, With A Bow cannot recover it from the Event Organiser's bank account. A Guest seeking the return of a Contribution that has been paid out should contact the Event Organiser, and may also contact With A Bow, which will help where it reasonably can. This does not affect a Guest's rights with their card issuer.

The time a refund takes to reach the Guest depends on their card issuer or bank. Refunds are made to the payment method used for the Contribution.

Unless With A Bow states otherwise, the law requires otherwise, or the refund is because of With A Bow's error or a duplicate or incorrect charge, the platform fee, currency conversion fees, Chargeback fees and other third-party fees may be non-refundable.

If an Event is cancelled, postponed, materially changed or does not take place, the Event Organiser must promptly notify With A Bow. With A Bow may, where permitted by law and technically available, pause payouts, refund Contributions, reverse transfers, remove or update the Event page, contact Guests or require further information.

A Chargeback occurs where a Guest disputes a payment with their card issuer, bank, the Payment Processor or another payment participant. Event Organisers acknowledge and agree that Chargebacks and related fees, penalties, costs or reversals may be recovered from the relevant Connected Account, withheld from payouts, offset against future amounts, or otherwise recovered from the Event Organiser to the extent permitted by law, except where the Chargeback resulted from With A Bow's error.

You must cooperate with With A Bow and the Payment Processor in relation to any refund, Chargeback, dispute, complaint, investigation or payment issue. This may include providing evidence of the Event, authority to receive Contributions, communications with Guests, identity information, payment information or other information reasonably requested by With A Bow or the Payment Processor.

12. Charity items and company giving

An Event Organiser may describe a Gift Item as relating to a charity, cause or charitable purpose only if the description is accurate, not misleading and complies with Applicable Laws.

Where an Event Organiser creates a charity-related Gift Item, the relevant Contribution is made to the Event Organiser through the Platform and is paid out to the Event Organiser in the same way as other Contributions. With A Bow does not collect, pool or disburse those Contributions to the charity unless expressly stated otherwise in writing.

Guests acknowledge that Contributions to charity-related Gift Items are not donations to With A Bow, are not donations made by With A Bow on behalf of the Guest, and should not be treated as tax-deductible donations unless the Event Organiser or the relevant charity separately confirms that position.

With A Bow may choose to donate a portion of its own service-fee revenue to selected Australian charities from time to time. Any such donation is made by With A Bow from its own revenue and does not convert Guest Contributions into tax-deductible donations or fundraising receipts.

13. Privacy and data

With A Bow collects, uses and discloses personal information in accordance with the Privacy Policy, which is available on the Platform and may be amended from time to time. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

You acknowledge that With A Bow may collect and use information in connection with Accounts, Event pages, Contributions, Connected Accounts, Payment Processor verification status, payment metadata, refunds, Chargebacks, disputes, reports, support interactions, Platform usage, security, fraud prevention, analytics and compliance, as described in the Privacy Policy.

You acknowledge that personal information and content may be visible to or shared with other users or recipients through the ordinary operation of the Platform. Event page content may be visible to Guests and to anyone else who can access the Event page.

Unless a Guest chooses to contribute anonymously, the Guest's name, the Gift Item or cash fund contributed towards, and the date of the Contribution may be displayed on the Event page and visible to anyone who can access that page. Contribution amounts, email addresses and Contribution messages are not displayed on the Event page.

Guest names, email addresses, messages and Contribution details are made available to the relevant Event Organiser for Event administration, reconciliation and permitted communications, except where the Guest has chosen to contribute anonymously, in which case the Guest's name and email address are not shown to the Event Organiser. Further detail is set out in the Privacy Policy.

Event Organisers must collect, use, disclose, store and protect Guest personal information received through the Platform only as reasonably necessary for Event administration, reconciliation, permitted communications and other purposes permitted by law and these Terms.

Event Organisers must not use Guest personal information for unrelated marketing, spam, resale, disclosure, profiling or other unrelated purposes unless separately permitted by law and supported by any required consent.

14. Content, messaging and reports

You are responsible for Your Content and for ensuring that Your Content is accurate, lawful, appropriate and does not infringe the rights of any third party.

Your Content must not be false, misleading, deceptive, defamatory, obscene, offensive, harassing, abusive, discriminatory, unlawful, fraudulent, impersonating, infringing or otherwise harmful to users, Guests, Event Organisers, third parties, the Payment Processor, With A Bow or the Platform.

When using messaging features, including the Sending Gratitude feature, you must only send communications for legitimate Event-related purposes. You must not use messaging features to harass, threaten, abuse, spam, market unrelated products or services, request off-platform payments, distribute malicious content or infringe any third-party rights.

You must not upload, publish or send any photograph, image, name, likeness, message or other content unless you have all necessary rights, permissions and consents to do so. Please do not include health information or other sensitive details about another person unless they have agreed.

With A Bow may review, moderate, edit, refuse, restrict, remove or disable any Account, Event page, Gift Item, message, photograph, report or other content where With A Bow reasonably considers it necessary, including where it receives a credible report or complaint. Where With A Bow removes content from an Active Event, it will tell the Event Organiser and the reason where it reasonably can.

Any person may report an Event, Account, Contribution, message or content to With A Bow using the contact details or reporting tools made available on the Platform. With A Bow may investigate reports and take reasonable action, including contacting users, contacting the Payment Processor, pausing payouts under clause 9, preserving evidence, removing content, suspending accounts under clause 17 or referring matters to authorities.

15. Third-party services and Payment Processor Terms

The Platform may contain links to or integrate with third-party services, websites, applications, APIs or payment flows, including the Payment Processor, Supabase, Resend, PostHog, Sentry and other service providers. With A Bow is not responsible for, does not control and does not endorse any third-party services except to the extent expressly stated.

Your use of third-party services may be subject to the third party's terms, privacy policy, security practices, availability, pricing, fees, dispute processes and operational requirements.

The Payment Processor may freeze, hold, delay, reverse, refund, investigate, terminate or restrict payments, payouts, Connected Accounts or payment functionality in accordance with the Payment Processor Terms, payment network rules, risk processes or Applicable Laws. To the extent permitted by law, With A Bow is not liable for the Payment Processor's actions or omissions, except to the extent they were caused by With A Bow's own breach of these Terms, negligence, fraud or wilful misconduct.

16. Acceptable use and prohibited conduct

You must not use the Platform to:

  • create or promote a fake, unauthorised, misleading, fraudulent or unlawful Event;
  • impersonate any person or organisation, or misrepresent your identity, authority, relationship, purpose or entitlement to receive Contributions;
  • collect money for an unlawful, deceptive, fraudulent, sanctioned or prohibited purpose;
  • launder money, evade sanctions, avoid payment network rules, circumvent financial crime controls or misuse payment functionality;
  • abuse the refund, Chargeback, dispute or reporting process;
  • request or encourage off-platform payments where those payments are intended to avoid Fees, safety controls, risk review or these Terms;
  • upload, publish, send or distribute content that is unlawful, defamatory, obscene, offensive, discriminatory, harassing, threatening, abusive, misleading, deceptive, infringing or otherwise inappropriate;
  • collect, scrape, harvest, store or use personal information of other users except as permitted by these Terms and Applicable Laws;
  • upload viruses, malware, harmful code or other material that may damage, interfere with or compromise the Platform or any third-party system;
  • interfere with, disrupt, reverse engineer, circumvent, scrape, probe, test, overload or gain unauthorised access to the Platform, the Payment Processor services or any related system;
  • use automated means, including bots, crawlers, scrapers or scripts, to access the Platform without With A Bow's prior written consent; or
  • engage in conduct that is harmful to users, Guests, Event Organisers, the Payment Processor, With A Bow or the Platform.

A breach of this clause may result in suspension or termination of your Account, removal of content, a hold on payouts, refund or reversal of Contributions, preservation of records, and referral to the Payment Processor, financial institutions, payment networks, regulators or law enforcement. Clauses 9 and 17 apply to any of those steps.

17. Suspension and termination

With A Bow may suspend, restrict or terminate your Account, remove or disable an Event page, suspend or cancel Contributions, hold payouts under clause 9, disable payment functionality, remove content or otherwise restrict access to the Platform where With A Bow reasonably considers it necessary for one or more of the following reasons:

  • you have materially breached these Terms, the Privacy Policy, the Payment Processor Terms or Applicable Laws, or have repeatedly breached them;
  • With A Bow receives a credible report or complaint about an Event, Account, Contribution, message or content;
  • With A Bow or the Payment Processor suspects fraud, impersonation, account compromise, unauthorised activity, money laundering, sanctions risk, Chargeback abuse, unlawful activity or a security risk;
  • identity verification, Connected Account setup or payout enablement is incomplete, failed, restricted or suspended;
  • an Event is cancelled, disputed, materially changed or appears not to have occurred;
  • With A Bow is required or authorised to do so by law, a regulator, a court, the Payment Processor, a financial institution, a payment network or other relevant person; or
  • continued access would create a material legal, regulatory, security or financial risk to users, Guests, the Payment Processor or With A Bow.

Any step taken under this clause will be proportionate to the reason for it. Where a temporary step, such as a suspension or a hold, is enough, With A Bow will take that step rather than terminate.

Where practical, With A Bow will give you notice before taking a step under this clause, with the reason. With A Bow may act without prior notice where it reasonably considers immediate action necessary to prevent harm or loss, or where the law, the Payment Processor or a law enforcement request requires it. In that case With A Bow will tell you as soon as reasonably practicable afterwards, unless it is prevented from doing so.

If you think a step taken under this clause is wrong, email hello@withabow.com.au. With A Bow will review it and respond within 5 Business Days.

You may terminate your Account at any time by closing your Account through the Platform or by contacting With A Bow. Termination will take effect upon confirmation or within a reasonable time.

If With A Bow terminates your Account for a reason that is not connected with your conduct, a report or complaint about your Event, or a requirement described above, With A Bow will refund any pricing-tier fee you paid for an Event that has not yet taken place, and will pay out Contributions due to you under clause 9.

Termination or suspension does not affect rights, obligations and liabilities accrued before termination, including payment obligations, indemnities, refund obligations, Chargeback obligations, privacy obligations, confidentiality obligations, intellectual property licences, limitations of liability and any provisions that by their nature survive termination.

18. Intellectual property

All Platform IP is owned by or licensed to With A Bow. Nothing in these Terms transfers ownership of any Platform IP to you.

Subject to your compliance with these Terms, With A Bow grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform for the purpose of creating, administering, accessing or contributing to Events in accordance with these Terms (User Licence).

The User Licence does not include the right to: sell, resell, licence, sublicence, distribute, rent, lease or commercially exploit the Platform; modify, adapt, translate or create derivative works of the Platform; reverse engineer, decompile, disassemble or attempt to derive the source code or algorithms of the Platform; copy or reproduce the Platform except as reasonably necessary for normal use; scrape, extract or harvest data from the Platform using automated means; frame, mirror or incorporate the Platform into other websites or applications; or remove, obscure or alter any proprietary notices or branding on the Platform.

The User Licence is personal to you and terminates automatically upon termination of your Account or these Terms.

You retain ownership of Your Content. By uploading, publishing, submitting or sending Your Content through the Platform, you grant With A Bow a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, communicate and format Your Content, and to make technical copies of it, for the purposes of:

  • operating, providing and securing the Platform and Services;
  • displaying Event pages and related content to Guests and other intended recipients;
  • processing Contributions, receipts, messages, reports, refunds, Chargebacks and disputes;
  • moderation, risk review, fraud prevention, compliance and enforcement;
  • support; and
  • improving the Platform, using Your Content only in de-identified or aggregated form.

With A Bow may sublicense these rights only to its service providers and the Payment Processor, and only so they can help With A Bow for those purposes. The licence lasts for as long as Your Content is held on the Platform, and for any longer period With A Bow must keep it under the Privacy Policy or the law.

With A Bow will not use Your Content, including photos and messages, in its marketing or advertising without your permission, and does not use Your Content to train artificial intelligence models.

You represent and warrant that you have all necessary rights to grant this licence and that Your Content does not infringe the Intellectual Property Rights, privacy rights, publicity rights, moral rights or other rights of any third party.

19. Disclaimers and warranties

To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without any warranties, representations or conditions of any kind, whether express, implied, statutory or otherwise.

With A Bow expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, except to the extent those warranties are Non-Excludable Rights.

Without limiting the two paragraphs above, With A Bow does not warrant that: the Platform will be uninterrupted, error-free, secure or free of viruses or other harmful components; the information or content on the Platform is accurate, reliable, complete or current; the Platform will meet your requirements or expectations; any defects or errors will be corrected; any Event will occur or proceed as described; any Event Organiser or Guest is who they claim to be or is authorised to act; Contributions will be used for any particular purpose; refunds will be available in all circumstances; the Payment Processor, banks, card issuers, payment networks or third-party services will operate without interruption, restriction, delay or error; or you will achieve any particular outcome by using the Platform.

You acknowledge that certain rights may be conferred on you under the Competition and Consumer Act 2010 (Cth), the ACL and equivalent State and Territory legislation that cannot be excluded, restricted or modified. Nothing in these Terms is intended to exclude, restrict or modify any Non-Excludable Rights.

20. Limitation of liability

Subject to the rest of this clause and to the maximum extent permitted by law, none of the With A Bow Parties will be liable to you for any: indirect, incidental, special, consequential, punitive or exemplary damages; loss of profits, revenue, business, goodwill, anticipated savings, opportunity, reputation or data; loss arising from reliance on information, Event pages, Gift Items, messages or content on the Platform provided by another user; loss arising from your interactions or dealings with any Event Organiser, Guest or third party; loss arising from an Event being cancelled, postponed, not occurring, materially changing or being misrepresented by an Event Organiser; loss arising from an Event Organiser's use, misuse, non-use or non-return of Contributions after payout; loss arising from the Payment Processor, banks, card issuers, payment networks or third-party services; loss arising from Chargebacks, refunds, account holds, payout delays, payout failures, reversals, frozen accounts or payment restrictions; loss arising from unauthorised access to your Account, Connected Account, payment method or data; or loss arising from the interruption, suspension, restriction or termination of the Platform.

The exclusions in the paragraph above do not apply to the extent the loss is caused by a With A Bow Party's breach of these Terms, negligence, fraud or wilful misconduct, including a failure to take reasonable steps to secure the Platform and the personal information it holds.

Subject to the rest of this clause, the total aggregate liability of the With A Bow Parties to you for all claims arising out of or in connection with these Terms or your use of the Platform is limited to the greater of the total Fees paid by you to With A Bow in the 6 months preceding the event giving rise to the claim, or AUD $500.

The limit in the paragraph above does not apply to:

  • Contribution amounts that With A Bow is responsible for paying out or refunding under these Terms;
  • loss caused by a With A Bow Party's fraud, wilful misconduct or gross negligence; or
  • personal injury or death.

Nothing in these Terms excludes or limits liability for any breach of a Non-Excludable Right. Where With A Bow breaches a Non-Excludable Right in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use, With A Bow's liability is limited, at With A Bow's option, to re-supplying the services or paying the cost of having the services re-supplied.

21. Indemnity

You agree to indemnify the With A Bow Parties against claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from a claim brought by a third party, including a Guest, an Event Organiser, the Payment Processor or a regulator, to the extent the claim is caused by:

  • your material breach of these Terms or of any representation, warranty or undertaking you give in them;
  • your breach of Applicable Laws, including laws relating to consumer protection, privacy, anti-money laundering, sanctions, fraud, fundraising, taxation, intellectual property or misleading or deceptive conduct;
  • Your Content infringing the Intellectual Property Rights, privacy rights, publicity rights, moral rights or other rights of any person, or being false, misleading or deceptive; or
  • your fraud, negligence or wilful misconduct.

Your liability under this clause is reduced to the extent the loss was caused or contributed to by a With A Bow Party.

If With A Bow intends to rely on this clause, it will:

  • tell you about the claim promptly after becoming aware of it;
  • take reasonable steps to reduce its loss;
  • let you take part in the defence of the claim at your own cost; and
  • not settle the claim in a way that makes you liable without your consent, which you must not unreasonably withhold.

With A Bow may conduct the defence of any claim covered by this clause, in which case you agree to cooperate reasonably with With A Bow.

22. Changes to the Platform and these Terms

With A Bow may update, improve or change the Platform and Services from time to time.

A Material Change is a change to the Platform, the Services or these Terms that materially and adversely affects you. It includes an increase in Fees, a change to how the platform fee is calculated or allocated, a change to payout timing or contribution periods, a change of Payment Processor, and the removal of a feature you have paid for.

For a Material Change, With A Bow will give you at least 30 days' notice by email and on the Platform before it takes effect. Where a Material Change is required sooner by law, by the Payment Processor, or to deal with a security or fraud risk, With A Bow will give as much notice as it reasonably can and explain why.

A Material Change to Fees, to how the platform fee is calculated or allocated, or to the scope of a pricing tier does not apply to an Event that was an Active Event when the change was announced. A pricing-tier fee you have paid for an Event covers that Event on the terms that applied when you paid.

If you do not agree to a Material Change, you may close your Account before it takes effect, without any fee or penalty. If you do, With A Bow will refund any pricing-tier fee you paid for an Event that has not yet taken place, and will pay out Contributions due to you under clause 9.

With A Bow may amend these Terms by publishing the updated Terms on the Platform and notifying you. Amendments that are not Material Changes take effect on the date stated in the updated Terms, and your continued use of the Platform after that date is acceptance of them. For a Material Change, With A Bow may also ask you to accept the updated Terms when you next sign in.

23. Notices, support and complaints

With A Bow may give notices to you through the Platform, by email, by publication on the Platform or by any other method permitted by law. You are responsible for keeping your contact details current.

If you have a question or a complaint about the Platform, these Terms or anything With A Bow has done, email hello@withabow.com.au. With A Bow will acknowledge your complaint promptly and aim to resolve it within 30 days, and will tell you if it needs longer and why.

With A Bow may ask for information reasonably necessary to assess and respond to your enquiry, report or complaint, including Account information, Event details, Contribution details, screenshots, identity information and payment information.

If you are not satisfied with how With A Bow handles your complaint, you may contact the consumer protection agency in your State or Territory. Complaints about privacy can also be made as set out in the Privacy Policy.

24. General

You must not assign, transfer or novate any rights or obligations under these Terms without With A Bow's prior written consent.

With A Bow may assign, transfer or novate its rights or obligations under these Terms in connection with a merger, acquisition, financing, corporate restructure, sale of business or assets, or similar transaction, provided the person receiving them agrees to be bound by With A Bow's obligations to you under these Terms. With A Bow will tell you before this happens where it reasonably can, and you may close your Account under clause 22 if you do not wish to continue.

If any provision of these Terms is invalid, void, illegal or unenforceable, that provision will be severed to the extent of the invalidity, voidness, illegality or unenforceability, and the remaining provisions will continue in full force and effect.

A failure or delay by With A Bow to exercise a right or remedy does not constitute a waiver of that right or remedy. A waiver must be in writing and signed by With A Bow.

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and With A Bow in relation to your use of the Platform and Services.

Nothing in these Terms limits any rights or obligations under the Payment Processor Terms or any other third-party terms that apply to your use of third-party services.

The clauses relating to payment obligations, refunds, Chargebacks, privacy, data, intellectual property, disclaimers, limitation of liability, indemnity, suspension, termination, disputes and any other provision that by its nature should survive termination survive termination or expiry of these Terms.

25. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from those courts.

Nothing in this clause prevents a consumer from bringing a claim in a court or tribunal in their own State or Territory where the law allows it.