Welcome to www.twopresents.com (the "Website") of Twopresents Limited, a limited liability company duly incorporated under the laws of Hong Kong with its registered office located at 21/F Tung Sun Commercial Centre, 194-200, Lockhart Rd, Wan Chai, Hong Kong ("Twopresents", "us", "we").
1. About Twopresents
1.1 Twopresents’ good-cause model
Through the Website, Twopresents provides hosts of events (the "Hosts") with an online event invitation service that allows Hosts to invite monetary contributions towards a gift for the person that the event is hosted for and a donation that the Host will make to one of Twopresents’ Hong Kong registered charity partners (each, a "Charity Partner") as follows:
- The Host may use tools on the Website to set up an event and send event invitations to the Host’s guests ("Guests"). It is not necessary for the Guests to attend the event to contribute.
- Instead of receiving presents, the Host asks his/her Guests to contribute money ("Gift Money") to a collection pool ("Event Fund") organised through the Website that will be shared between a Charity Partner to be selected by the Host and the Host to purchase a gift for the person for which the event is hosted.
- The Host determines the proportion of the total Event Fund to be donated to the selected Charity Partner ("Charity Donation").
- Once the Guests send the Gift Money to Twopresents, the money is deemed gifted to the Host and becomes part of the Event Fund. The Event Fund is the property of the Host, who has absolute discretion to dispense the proceeds of the Event Fund according to these Terms of Service. Twopresents simply holds and manages the Event Fund on behalf of the Host.
- After the Event Fund closes (described in Section 4.4 below), Twopresents will divide the Event Fund in the proportion determined by the Host and will transfer the Charity Donation to the selected Charity Partner (after the deduction of the Processing Fee described below in Section 4.5). The remainder of the Event Fund will be transferred to the Host.
- The Host is deemed to be the person that makes the Charity Donation to the Charity Partner and will receive a tax receipt for the donation accordingly.
1.2 Use of Event Fund
We provide examples on our Website of how the Event Fund may be used by the Host and Charity Partners. However, Twopresents does not guarantee that the Event Fund will be used in the ways described. Guests contributing Gift Money to the Event Fund acknowledge that the Charity Partners have absolute discretion in the use of the Charity Donation to fulfill their respective charitable cause. Hosts and Guests shall not hold Twopresents responsible or in any way liable for the Charity Partners’ use of the Charity Donation. Similarly, Twopresents is not responsible nor in any way liable for the way in which the Host uses the portion of the Event Fund transferred to them.
2. Your use of the Website
2.1 Identity of Hosts
Twopresents does not independently verify or assess the identity of each person or entity who applies to become a Registered User (as described below) of the Website. If you receive an invitation sent via the Website from a Host who is unknown to you and are asked to make a contribution of Gift Money, you should exercise caution in deciding whether or not to make a donation.
2.2 Children’s use of the Website
We are not able to verify the actual age of users of the Website. If you are under 18 years of age, Twopresents requires that you use the Website under the supervision of your parent or guardian.
2.3 Registration on the Website
Hosts are required to register an account on the Website to become a registered user ("Registered User") in order to send event invitations to Guests. Hosts must be 18 years of age or over.
A Guest can reply to an invitation and send Gift Money without registering on the Website as a Registered User. However, by replying to an invitation and sending Gift Money, the Guest accepts and agrees to be bound by these Terms of Service.
By registering as a Registered User, a Guest can track updates to the invitation and see the amount of Gift Money contributed to the Event Fund.
2.4 Materials you submit to Twopresents
You acknowledge that any feedback and/or other materials you submit to Twopresents through the Website, including about Twopresents’ services, and/ or for inclusion or display on or through the Website ("User-Generated Content") is your own work. By submitting User Generated Content to Twopresents, you agree to grant Twopresents a worldwide, royalty-free and irrevocable licence to use, reproduce, translate and modify any User-Generated Content (in whole or in part), which you submit.
You warrant and represent to Twopresents that you have all necessary rights and authority to use, disclose and otherwise provide the User-Generated Content to Twopresents for the uses stated above, including publication on the Website. You warrant and represent to Twopresents that the publication of the User-Generated Content does not infringe any third party rights in the User-Generated Content and that when you submit a photograph, picture, image or other recording that features any person, you have obtained that person’s prior consent to publish the photograph, image or other recording (or where the individual is under 18 years of age, you have obtained the consent of his or her parent/guardian).
2.5 User Conduct
You represent and warrant that all information provided by you about yourself, including all information provided as part of the Registered User application, to Twopresents is accurate and up-to-date.
You agree to create your personal profile and event invitation in a positive manner and not to post or upload any content or any link to materials that are illegal, unlawful, defamatory, obscene, invasive of privacy, or victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability. Unless you have obtained Twopresents’ written permission to do so, you may not post advertisements of any kind on the Website as part of the User-Generated Content.
You agree NOT to use the Website for any unlawful purposes, including not to use the Website to (i) deal with money which you know or have reasonable grounds to believe represents the proceeds of crime, or (ii) provide or collect any money with the intention or knowledge that the money will be used to fund illegal acts, including acts of terrorism (regardless of whether the money is actually so used).
You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to attempt to access any parts of the Website that you are not authorised to access. You agree not to use the Website in any manner that might interfere with the lawful rights of third parties.
Any unauthorised use of this Website may give rise to civil and/or criminal actions and claims for damages. Twopresents retains the right to remove any content, including User-Generated Content, and deny access to the Website to anyone who it believes has violated any of these Terms of Service.
You agree to indemnify Twopresents and hold us harmless against any liability, loss, expenses, costs or damages (including direct, indirect, or consequential losses, whether economic or otherwise, loss of profit, loss of reputation and all interest, claims, expenses, damages and other payments, penalties and legal and other professional costs and expenses) incurred by Twopresents arising in connection with a breach by you of these Terms of Service.
2.6 Your account and password
You are responsible for all activities conducted under your Registered User account with Twopresents. You agree that your Registered User account is personal to you and you shall not gift, lend or transfer your Registered User account to any person. You are responsible for safeguarding any passwords used to access your Registered User account and the Website, and shall take all necessary steps to ensure that no one other than you has access to your Registered User account and password. You shall promptly notify us by email if you believe that your password or account has been compromised.
3. Our Charity Partners
3.1 Selection of Charity Partners
In the selection of our Charity Partners, Twopresents carries out a series of verification exercises on a commercially reasonable basis to ensure that donations made to Charity Partners are appropriately used for meaningful purposes. Our verification of Charity Partners consists of:
- verifying that the Charity Partner is a charitable institution or trust of a public character exempted from tax under section 88 of the Inland Revenue Ordinance (Cap 112 of the Laws of Hong Kong);
- visiting on-site our Charity Partners’ offices and conducting induction meetings with our Charity Partners to discuss the Charity Partner’s mission, intended beneficiaries, sources of funding, key programmes, interaction with the beneficiaries and their practices in the issuing of tax receipts;
- entering into agreements with our Charity Partners that set out the terms of cooperation between Twopresents and the Charity Partner; and
- conducting annual review meetings to check on each Charity Partner’s operations and standing generally.
3.2 No partnership or agency
Twopresents is an independent company and has no affiliation, partnership or other agency relationship with any Charity Partner. Twopresents does not represent or act as an agent on behalf of any Charity Partner or other third party. Twopresents is not responsible nor shall it be liable for any action carried out by any Charity Partner.
3.3 Exclusion of Liability for Third Party Sites
Links to third party websites, including websites for Twopresents’ Charity Partners, may be provided on this Website ("Linked Sites"). The links to Linked Sites are provided solely for reference purposes only. If you use Linked Sites, you will leave the Website. Linked Sites have their own Terms of Service and privacy policies, which may be different from those of the Website.
Twopresents has not reviewed all content on Linked Sites and does not control and is not responsible for any of the Linked Sites or their content. Our links to Linked Sites do not imply an affiliation, sponsorship, endorsement or any other involvement by us in respect of the contents of the Linked Sites. Twopresents is not responsible for, and accepts no liability, any contents of Linked Sites or any breaches of applicable law or infringement of third party rights that may occur on the Linked Sites.
4. Processing of Event Fund and Payment Terms
4.1 Proportion of donations going to Charity Partner
Upon setting up an event invitation, the Host must determine the proportion of the Event Fund that will be transferred to the selected Charity Partner as a Charity Donation at the end of the event.
After the event invitations have been sent out, the Host is not permitted to reduce the proportion of the Event Fund that is allocated for the Charity Donation. The Host may increase the proportion of the Event Fund that is allocated for the Charity Donation when closing the Event Fund on the Website.
4.2 Making a payment
Upon receiving an invitation, Guests may use one of our approved online payment providers (currently, PayPal and IPGPAY) (each, a "Payment Provider") to send Gift Money. In order to make a payment, the Guest must enter an amount that they wish to contribute to the Event Fund that is not less than HK$100. The Guest is then re-directed to the applicable website of our Payment Providers, where the Guest is requested to enter his/her credit card number and expiry date, among other information, in order to effect the payment. The Guest’s provision of credit card, payment details and personal information to the Payment Provider is governed by the Payment Provider’s own terms and conditions. Such payment information is directly submitted to the Payment Provider and Twopresents does not have access to such information.
Twopresents does not monitor Gift Money contributed by Guests but will notify Guests by email that a contribution has not been successfully processed within two hours of a Guest making a contribution. The relevant Payment Provider will also notify a Guest of successful payment once the transaction has been completed. Guests are therefore responsible for monitoring the status and amount of Gift Money paid to Twopresents.
4.3 Hosts’ verification of bank account details
When setting up an event invitation for the first time, the Host will be asked to provide certain personal information, including mailing address, phone number and bank account information.
The Host has the option to provide his/her personal information immediately after sending out the event invitation or at a later time when the Host returns to Twopresents’ site. If the Host does not provide these information, he/she will not be able to access the Event Summary page for the event that the Host has created, or see the Guests’ RSVPs or the aggregate amount of Gift Money contributed. A Host is only required to provide this information once, but the Host will be asked to verify some of these information (eg. bank account details) each time the Host closes an Event Fund. A Host cannot close an Event Fund if he/she does not verify this information. After a Host verifies his/her personal information and closes the Event Fund, Twopresents will make a payment by wire transfer of the Host’s proportion of the Event Fund into the Host’s bank account.
Hosts are responsible for ensuring that the bank account information they provide to Twopresents is accurate and up-to-date. Twopresents is under no obligation to recall funds transferred to an incorrect bank account. Twopresents shall not be liable for any amounts transferred to an incorrect bank account due to incorrect bank account information submitted by the Host. Twopresents advises that the Host carefully reviews his/her bank account information before submitting the bank account information to Twopresents.
4.4 Closing the Event Fund
The Host may close the Event Fund at any time before or after the event date but, in any case, no later than eight (8) weeks’ time from the event date (as explained in the immediate paragraph below). On the day that the Host closes the Event Fund, all invitations sent to the Guests inviting them to send Gift Money to Twopresents will expire. Provided that the Host has verified his/her the information needed by Twopresents to proceed with transferring the Event Fund (as described in Section 4.3), the Charity Donation will be transferred to the Charity Partner (after the deduction of the Processing Fee described below in Section 4.5) and the remainder of the Event Fund will be distributed to the Host. The Charity Partner and the Host will generally receive payment within 2 weeks of Event Fund closing date assuming we have all the correct account details.
The Host must verify his/her personal information in order to close the Event Fund. Twopresents will send a number of reminders to the Host to verify his/her personal information and to close the Event Fund within the eight (8)-week period. Twopresents will send the final reminder to the Host in the seventh week after the event date. If the Host does not verify his/her personal information to enable the closing of the Event Fund, Twopresents shall be entitled upon the completion of the eight (8)-week period to close the Event Fund without further notice to the Host and (having deducted the Processing Fee described in Section 4.5) immediately transfer the entire Event Fund to the selected Charity Partner. The Host acknowledges and agrees that he/she shall have no claim against Twopresents in respect of the proportion of the Event Fund previously designated to the Host but subsequently transferred to the Charity Partner due to the Host’s delay in verifying his/her bank account information.
Notwithstanding this Section 4.4, Twopresents may close the Event Fund at any time in accordance with its rights stated under Section 9.1 and 9.2.
Twopresents charges an administration fee equivalent to five (5) per cent of the Event Fund collected for each event invitation ("Administration Fee") to cover the costs of maintaining its operations. The Administration Fee is in addition to the "Transaction Fee" of four point eight (4.8) per cent ("Transaction Fee"), which covers all fund transfer related expenses (e.g. credit card, transfer fee to host/charity). (The Administration Fee and the Transaction Fee are collectively referred to as the "Processing Fee".) The Processing Fee is the only fee that would be charged for using Twopresents’ services; use of the Website is otherwise free-of-charge.
Owing to the way our IT system is automated, we can only deduct the Processing Fee from the Charity Donation. By way of example, if the Event Fund is HK$1000 and the Host has allocated 50 per cent as the Charity Donation, the Host will receive HK$500 and the selected Charity Partner will receive HK$402, net of the Administration Fee of HK$50 and Transaction Fee of HK$48.
Twopresents will make two payments by wire transfer of the appropriate amounts to the Host and the selected Charity Partner.
4.6 Returned funds due to incorrect bank details
In the event that Twopresents’ instruction to deposit the proportion of the Event Fund into the Host’s bank account is rejected because the Host has provided the incorrect bank account information, Twopresents will notify the Host by email and request that the Host provides the correct bank account details. If the Host fails to provide the correct account information within four (4) weeks of Twopresents’ notification email being sent, thus causing Twopresents unable to successfully deposit the amount into the Host’s account, Twopresents will (having deducted the Transaction Fee) immediately transfer the Host’s proportion of the Event Fund to the selected Charity Partner. The Host acknowledges and agrees that he/she shall have no claim against Twopresents in respect of the proportion of the Event Fund previously designated to the Host but subsequently transferred to the Charity Partner due to the Host’s failure to provide correct bank account information.
HSBC, which we use for transferring Charity Donations to Charity Partners and the Host’s proportion of the Gift Money to the Host, may charge Twopresents additional processing fees for handling rejected deposit payments. If Twopresents is charged additional processing fees by HSBC as a result of incorrect bank account details provided by the Host, Twopresents shall be entitled to deduct an amount equivalent to such additional processing fees from the rejected deposit payment before wire transferring it back to the Host or to the selected Charity Partner (in the situation where the Host fails to provide the correct account information within four (4) weeks of Twopresents’ notification email being sent).
4.7 Refund of contributions to Guests
If Guests discover that they have made a payment error by mistake, please contact us immediately by email at the address shown at the end of these Terms of Service. Provided that the Event Fund has not closed and the event date has not passed, Twopresents will investigate the purported payment error and may refund Guests their Gift Money. The decision to refund Gift Money shall be subject to Twopresents’ absolute discretion and determined by Twopresents on a case-by-case basis.
All refund of Gift Money to the Guests are made net of any applicable refund fee of HK$2.5 ("Refund Fee").
4.8 Rescheduling or cancelling an event
A Host can cancel or reschedule an event.
The Host can reschedule an event multiple times but the rescheduled event date must be within two (2) years of the date on which the Host sends out the first invitation.
If an event is cancelled or rescheduled, Gift Money contributed by Guests through the Website cannot be refunded.
In the case of a cancelled event, no more contributions can be made towards the party. The Host need to will close the Event Fund immediately so that Twopresents can distribute the amount of the Event Fund collected as of the date of cancellation in the proportions elected by the Host to the Host and the selected Charity Partner (after deduction of the Processing Fee).
In the case of a rescheduled event, Twopresents will not make refunds to those Guests who have made contributions but cannot attend the event on the rescheduled date, but will instead keep the accumulated Event Fund open until the Host closes it (which could be before or after the rescheduled event date). After the rescheduled event occurs and the Event Fund is closed, Twopresents will process the Event Fund in accordance with Sections 4.1 to 4.7.
5. Tax receipts
The relevant Charity Partner will issue and send to the Host (not to the Guest) a tax receipt for the Charity Donation (net of the Processing Fee), provided that the Charity Donation is greater than HK$100. The tax receipt is issued in the name provided by the Host at the time that he/she closes the Event Fund. The Host should receive the tax receipt a few weeks after Twopresents wire transfers the Charity Donation to the selected Charity Partner. (Twopresents will notify the Host that the Event Fund has been transferred to the Host and the selected Charity Partner once the transactions have been completed.) Please contact us if you do not receive your tax receipt.
6. Twopresents’ disclaimer of warranties and exclusion of liability
The materials on the Website are provided "as is". Twopresents does not provide any warranty or guarantee as to the accuracy, validity, reliability, timeliness, performance, completeness or suitability of the information contained in or published on the Website and does not warrant that any material shown on the Website is fit for any particular purpose.
Twopresents does not warrant that any User-Generated Content is free from unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under applicable law. If you consider that any User-Generated Content contains any such materials, please alert us immediately by sending an email to the address shown at the end of these Terms of Service, and we will attempt to resolve the issue as soon as reasonably practicable.
To the maximum extent permitted by law, Twopresents excludes all direct and indirect liability for any loss or damages suffered by any users of the Website. You expressly agree that, except for death and personal injury arising as a consequence of Twopresents’ negligence, neither Twopresents, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production or distribution of the Website are responsible or liable to any person or entity whatsoever for any loss or damage resulting from the use of this Website.
Twopresents does not guarantee continuous, uninterrupted or secure access to the Website. While Twopresents attempts to keep the Website free from viruses, Twopresents does not guarantee that the Website is free from viruses. We recommend that you take care to ensure that your computer and equipment has adequate anti-virus protection (eg. using virus scanners) before downloading documents and data from this Website.
7. Protection of Gift Monies
Twopresents places all Gift Monies in a non-interest-bearing account held with a bank licensed as such by the Hong Kong Monetary Authority (the “Trust Account”). We keep Gift Monies separate from our own money, which we hold in a bank account separate from the Trust Account. We hold Gift Monies and the Trust Account on trust for application as provided in these Terms of Service. We shall have no fiduciary or other duties in our role as trustee of the Gift Monies or the Trust Account, except as expressly provided in these Terms of Service. We shall not be liable for any breach of trust, negligence or other action or inaction, except to the extent that such liability arises from our own fraud, willful misconduct or gross negligence.
8. Intellectual Property
Unless otherwise notified on the Website, all trade marks, service marks, logos and domain names used and displayed on the Website (the "Trade Marks") are the exclusive property of Twopresents, or the property of the third parties which have granted Twopresents permission for use under licence or applicable law. Nothing in the Terms of Service or on the Website grants, by implication, estoppel, or otherwise, any licence or right to you to use any of the Trade Marks or any other intellectual property rights of Twopresents.
You are permitted to browse the Website for your personal use without charge (unless you use the Website to collect Event Fund) in accordance with these Terms of Service.
You are not permitted to duplicate, translate, republish, upload, post, transmit, or distribute any content contained on the Website, including texts, images, illustrations, audio clips, and video clips. Such content is owned and controlled by Twopresents or by third parties that have licensed such materials for use to Twopresents.
You are not permitted to copy, modify, reverse engineer or extract any information, source codes or underlying HTML from the Website or any connected or related applications, systems or services, except to the extent permitted under applicable law or with our prior written consent. You agree that you will not use the Website in conjunction with any application or other technology that attempts to do any of the above prohibited operations or which otherwise causes the Website to operate in an unauthorised manner.
9.1 Termination of Service
Twopresents, in its sole discretion, reserves the right to terminate these Terms of Service and/or your access to services on the Website for any reason, including your breach of any provisions of the Terms of Service or breach of applicable law in relation to your use of the Website or any other unlawful conduct at any time upon notice to you. Whether you are accessing the Website as a Host or a Guest, if we cancel or suspend your access to your account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it to be appropriate. You acknowledge that our decision to take certain actions, including cancelling or suspending access to your account may be based on confidential criteria that is essential to our risk management, the security of the accounts of other Registered Users and Twopresents’ IT system. You agree that Twopresents is under no obligation to disclose the reasons for cancellation or suspension of your account.
9.2 Effects of Termination
An event invitation will remain open despite the cancellation or suspension of the use of the Website or the account of any Guests invited to contribute to the Event Fund for that event.
If a Host’s account is cancelled or suspended, any active event invitation organised by that Host will be closed immediately. The Event Fund will be distributed to the Host and the Charity Partner in accordance with the proportions designated by the Host after deduction of the applicable Processing Fee.
Twopresents may place a reserve on Event Fund collected up to the date of cancellation/suspension if it is legally required or ordered to hold the Event Fund by the relevant authorities. In such situations, we will notify you of such action (to the extent permitted under applicable law).
9.3 Use of Your Account Post-Termination
Your Registered User account name remains the property of Twopresents and we reserve the right to reclaim and reuse your Registered User account name once your account is terminated or deactivated for whatever reason by either you or us.
10. Use of Personal Data
11. Revisions and Modification of Terms of Service
Twopresents reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Service at any time. Any material changes to these Terms of Service that may affect your rights will be notified to you on the Website’s homepage within the first week of which such change is made and notified to you by email if you have registered your email address with Twopresents. We encourage you to review these Terms of Service regularly so that you are familiar with their scope and any changes that may have been made. By accessing and using the Website after we have posted notice of any changes, alterations or updates, you agree to be bound by the revised Terms of Service.
13.1 Governing law and dispute resolution
These Terms of Service are governed by, construed and enforced in accordance with the laws of Hong Kong. Any action by you, any third party or Twopresents may bring to enforce these Terms of Service or, in connection with, any matters related to this Website shall be subject to the exclusive jurisdiction of the Hong Kong courts.
If you are reading a translated version of the Terms of Service, the English version of the Terms of Service shall prevail.
14. Contact Us
Last updated: August 2016