Terms & Conditions

Tinystart is an online baby registry that allows expecting parents, families and other eligible users to create a cash gift registry.

Registry creators can share their registry with friends, family and other guests. Guests can contribute money to the registry using the payment methods available through Tinystart.

Tinystart provides the technology used to create registries, accept contributions and facilitate payment of funds to registry creators.

Unless expressly stated otherwise, Tinystart does not sell the products or services that registry creators may choose to purchase using the money they receive.

Tinystart is not a bank, financial institution, financial adviser, investment platform or provider of financial advice.

You must be at least 18 years old to:

• create or manage a Tinystart registry;
• connect a payment account or receive payouts through Tinystart; or
• make a monetary contribution through Tinystart.

By using Tinystart, you confirm that you have legal capacity to enter into these Terms and that the information you provide is accurate.

You must not create or manage a registry on behalf of another person without their permission.

When you create a Tinystart registry, you are responsible for:

• providing accurate and current information;
• keeping your account secure;
• ensuring you have permission to publish any names, photographs or other content you upload;
• providing accurate payment and payout information;
• complying with any requirements imposed by Stripe or another payment provider; and
• using Tinystart and funds received through Tinystart lawfully.

Tinystart registries may include descriptions of items, experiences, savings goals or other things the registry creator is considering purchasing.

These descriptions help guests understand what their gift may contribute towards.

Unless expressly stated otherwise, they do not require the registry creator to purchase a particular product or service.

A contribution made through Tinystart is a cash gift to the registry recipient.

It is not a purchase of a particular product displayed on the registry.

For example, if a registry includes a cot, pram or nursery item, contributing towards that item does not mean the contributor is purchasing that particular product for the recipient.

Registry creators may ultimately choose how to use the money they receive.

Suggested items, categories, goals and descriptions are provided for context and inspiration and do not create a contractual obligation between a contributor and the registry creator.

Contributions are not charitable donations and will generally not be eligible for charitable tax deductions.

Tinystart does not provide tax advice. Contributors and registry creators should obtain their own advice where required.

Guests may choose the amount they wish to contribute, subject to any minimum or maximum amounts displayed by Tinystart.

Before confirming a payment, you will be shown:

• the contribution amount;
• any applicable Tinystart fee;
• any other amount charged as part of the transaction; and
• the total amount to be charged.

By confirming a contribution, you authorise the relevant payment provider to charge your selected payment method.

You are responsible for checking the contribution amount before confirming payment.

Tinystart uses Stripe Connect to facilitate payments and payouts.

Stripe may process payments, hold funds, transfer funds, process payouts, conduct identity verification, investigate suspected fraud and manage payment disputes.

When creating a registry or receiving funds, you may be required to create or connect a Stripe account and provide information requested by Stripe.

Your use of Stripe's services may also be governed by Stripe's applicable agreements, including the Stripe Connected Account Agreement and Stripe Services Agreement.

You must provide accurate information requested as part of Stripe's onboarding and verification processes.

Stripe may require additional information from you from time to time to comply with its legal, regulatory, security or payment network obligations.

Tinystart does not store full payment card numbers.

Money contributed to a registry is paid out using Stripe Connect.

Payout timing may depend on:

• Stripe's payout schedule;
• bank processing times;
• identity or account verification;
• fraud and security checks;
• payment disputes;
• refunds or reversals;
• public holidays;
• technical issues; and
• legal or regulatory requirements.

Tinystart does not guarantee that funds will reach a registry creator's bank account within a specific period.

Stripe or Tinystart may temporarily delay, restrict or suspend a payout where reasonably necessary to:

• comply with a legal or regulatory requirement;
• complete identity verification;
• investigate suspected fraud;
• investigate an unauthorised transaction;
• respond to a payment dispute or chargeback;
• address a negative Stripe account balance;
• comply with Stripe requirements; or
• protect Tinystart, Stripe, a contributor, a registry creator or another person from suspected misuse.

Where reasonably possible, we will provide information about any action required from you to resolve a payout issue.

Tinystart may charge a service or platform fee for transactions processed through the service.

Any applicable Tinystart fee will be clearly disclosed before a contributor confirms payment.

Stripe or another payment provider may also charge payment processing or other fees associated with a transaction or payout.

Tinystart may change its fees from time to time.

Changes will apply only to future transactions and the applicable fee will be displayed before the transaction is confirmed.

Any payment surcharge or similar charge will be applied only where permitted by applicable Australian law and relevant payment network rules.

Nothing in this section limits any rights you have under the Australian Consumer Law.

Because contributions made through Tinystart are gifts to another person, contributions are generally final once successfully processed.

A contributor is not automatically entitled to a refund because they:

• change their mind;
• no longer wish to give the gift;
• expected the recipient to purchase a particular item;
• disagree with how the recipient ultimately uses the money; or
• no longer plan to attend an associated baby shower or event.

A change in the registry creator's personal circumstances or plans does not automatically cancel completed gifts.

However, refunds may be appropriate where:

• a payment was made accidentally;
• a payment was duplicated;
• an incorrect amount was charged;
• a transaction was unauthorised;
• the registry creator agrees to return the gift; or
• a refund is required by law.

Contact us at support@tinystart.com.au as soon as possible if you believe a payment should be refunded.

Whether a refund can be processed may depend on the status of the payment, whether funds have already been paid out and the requirements of Stripe.

Nothing in these Terms limits any refund or other remedy available under applicable law.

Cardholders may have rights to dispute transactions through their bank, card issuer or payment provider.

If you believe a Tinystart transaction was unauthorised or incorrect, we encourage you to contact us first so that we can investigate.

A payment may be reversed following:

• a chargeback;
• a successful payment dispute;
• fraud;
• an agreed refund;
• a payment provider decision; or
• another valid payment reversal.

Registry creators acknowledge that money appearing in their registry or Stripe balance may therefore not always represent permanently settled funds.

Where a contribution is legitimately reversed after funds have been paid to a registry creator, the relevant amount may need to be recovered from the registry creator or their Stripe account to the extent permitted by law and Stripe's applicable rules.

Stripe may offset refunds, disputes, reversals or other amounts against funds held in a connected Stripe account.

Refunds, disputes, reversals or other payment adjustments may result in a negative Stripe account balance.

Where this occurs, Stripe may recover the relevant amount in accordance with the agreements governing the connected Stripe account.

A registry creator must not deliberately withdraw, transfer or otherwise manipulate funds for the purpose of avoiding a legitimate refund, dispute or payment reversal.

Tinystart may temporarily restrict payments or payouts where reasonably necessary to resolve a negative balance or payment dispute.

You must not use Tinystart:

• fraudulently;
• deceptively or misleadingly;
• to impersonate another person;
• to create a registry without the relevant person's permission;
• to obtain money using false information;
• to process transactions that are not genuine gifts;
• to artificially process or cycle payments;
• for money laundering;
• to conceal the source or destination of funds;
• to facilitate unlawful activity;
• to test stolen or unauthorised payment credentials;
• to interfere with Tinystart's security or operation;
• to access another person's account without permission;
• to distribute malicious software; or
• in a way that breaches applicable laws or Stripe requirements.

We may investigate, suspend or restrict an account where we reasonably suspect fraud or misuse.

We may also provide information to Stripe, financial institutions, payment networks, law enforcement or regulatory authorities where required or permitted by law.

You retain ownership of photographs, text, messages and other content you upload to Tinystart.

You grant Tinystart a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce and display your content only to the extent reasonably necessary to operate and provide Tinystart.

For example, this permission allows us to display your photographs and registry description when someone visits your registry.

You confirm that:

• you own the content you upload or have permission to use it;
• your content does not infringe another person's rights; and
• your content does not breach applicable law.

We may remove or restrict content where we reasonably believe it is unlawful, fraudulent, seriously abusive, infringes another person's rights or creates a security risk.

If you upload photographs or information relating to another person, including a partner, family member or child, you are responsible for ensuring you have an appropriate right or permission to do so.

You should consider carefully what personal information you make visible on a publicly accessible or shared registry.

Registry creators are responsible for deciding who they share their registry with.

Anyone who obtains access to a registry link may be able to view information made available through that registry.

You should not include information in your registry that you would not want registry guests or other people with access to the link to see.

We cannot guarantee that another person will not copy, forward or share a registry link.

Tinystart handles personal information in accordance with its Privacy Policy.

Our Privacy Policy explains the types of personal information we collect, how we use it, when it may be shared and the choices available to you.

Stripe separately processes personal and payment information in accordance with its own privacy practices.

You are responsible for taking reasonable steps to protect your Tinystart account and login credentials.

You must notify us promptly if you believe:

• your account has been accessed without permission;
• your login details have been compromised;
• your Stripe connection has been compromised; or
• fraudulent activity has occurred through your registry.

We may temporarily restrict an account while investigating suspected unauthorised access.

Tinystart relies on third-party services to operate parts of the platform, including Stripe.

Third-party services may be subject to their own:

• terms and conditions;
• privacy policies;
• eligibility requirements;
• availability;
• processing times; and
• technical limitations.

Tinystart is not responsible for failures caused solely by a third-party service outside our reasonable control, except where responsibility cannot legally be excluded.

We aim to provide a reliable service but cannot guarantee that Tinystart will always be available, uninterrupted or error-free.

Tinystart may occasionally be unavailable because of:

• maintenance;
• software updates;
• infrastructure failures;
• payment provider outages;
• security incidents; or
• circumstances outside our reasonable control.

We may modify, improve, replace or discontinue features as Tinystart develops.

Where a change affects a service you have already paid for, we will comply with any obligations imposed by Australian Consumer Law.

You may stop using Tinystart at any time.

Registry creators may close or deactivate their registry using the functionality we provide.

Closing a registry does not automatically refund contributions that have already been completed.

We may suspend, restrict or close an account where reasonably necessary because of:

• a serious or repeated breach of these Terms;
• suspected fraud;
• unlawful activity;
• a material security risk;
• Stripe requirements;
• payment disputes;
• a legal or regulatory requirement; or
• conduct that poses a material risk to Tinystart or other users.

Where appropriate, we will provide reasonable notice or an opportunity to resolve the issue.

Tinystart and its associated software, branding, designs, graphics, logos and other intellectual property are owned by or licensed to Joshua Aaron Myers.

You may use Tinystart only for its intended purpose.

Except where permitted by law, you must not copy, reproduce, distribute, modify, sell, commercially exploit or reverse engineer Tinystart or its underlying technology without our permission.

This section does not transfer ownership of content you upload to Tinystart.

Tinystart services may come with consumer guarantees and other rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.

Where permitted by law, Tinystart is not responsible for losses caused solely by:

• inaccurate information you provide;
• your failure to take reasonable steps to keep your account secure;
• another user's unlawful conduct;
• your use of Tinystart contrary to these Terms; or
• a bank, payment network or third-party service outside our reasonable control.

This does not exclude liability to the extent that a loss was caused or contributed to by Tinystart or where liability cannot legally be excluded.

Tinystart does not control how registry creators use money after it has been successfully paid to them.

Tinystart does not guarantee that:

• a particular registry item will be purchased;
• money will be used for a particular category;
• a savings goal will be reached; or
• a registry creator will use funds in the manner a contributor expected.

Contributors should only make a gift if they are comfortable giving the recipient discretion over how that money is ultimately used.

Information provided through Tinystart is general information only.

Tinystart does not provide financial, legal, accounting or tax advice.

You are responsible for determining whether receiving or making gifts has any tax, government benefit, reporting or other consequence relevant to your circumstances.

If you have a problem with Tinystart, a payment or a registry, contact us at:

support@tinystart.com.au

Please provide enough information for us to identify the relevant account or transaction.

We will take reasonable steps to investigate and respond to complaints.

If your complaint relates specifically to payment processing or your connected Stripe account, we may need to refer the matter to Stripe or obtain information from Stripe in order to resolve it.

We may update these Terms to reflect changes to:

• Tinystart;
• our fees;
• our payment providers;
• applicable law;
• security requirements; or
• our business practices.

The current Terms will be published on tinystart.com.au with the date they were last updated.

Where a change materially affects an existing user's rights or obligations, we will take reasonable steps to notify affected users before the change takes effect where appropriate.

Changes will not retrospectively remove rights that have already accrued.

These Terms are governed by the laws of Victoria, Australia.

You and Tinystart submit to the courts and tribunals having jurisdiction in Victoria and any courts entitled to hear appeals from them.

Nothing in this section limits rights you may have under Australian Consumer Law or other laws that apply to you.

Questions about these Terms can be sent to:

Tinystart
Joshua Aaron Myers
ABN 25 467 752 123
Email: support@tinystart.com.au
Website: tinystart.com.au