draw.name

Terms of Service

These Terms of Service ("Terms") govern your use of draw.name (the "Service"), available at https://www.draw.name. The Service is operated from Australia ("we", "us", or "our").

By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

You can contact us at hi@draw.name at any time.

1. The Service

draw.name is a free online tool that helps groups of people organise gift-exchange draws (sometimes called "Secret Santa", "Kris Kringle", "White Elephant", and similar). It allows you to enter a list of names, optionally set rules about who should not be matched together, and generate a private link that each person can use to privately reveal their match.

2. Eligibility

You may use the Service if you are at least 13 years old, or older if your country of residence requires a higher minimum age for using online services without parental involvement. The Service is not available in all countries — you may only use it where it is accessible.

If you are using the Service on behalf of a group, you confirm that you have the right to do so and to share with us the names of the people in that group for the purpose of running the draw.

3. Acceptable use

You agree not to use the Service to:

  • Break any law or violate anyone else's rights.
  • Harass, abuse, threaten, defame, dox, or impersonate any person.
  • Enter information that is unlawful, hateful, sexually explicit, or designed to harm or deceive others.
  • Attempt to gain unauthorised access to the Service, our systems, or any other user's draws or data.
  • Probe, scan, or test the security of the Service except in accordance with a coordinated disclosure that we have agreed to in writing.
  • Interfere with the operation of the Service, including by sending automated traffic, attempting to overload our infrastructure, or circumventing rate limits or security controls.
  • Reverse-engineer, scrape, or systematically extract content from the Service, except as expressly permitted by law.
  • Use the Service to send spam or to collect personal information about other people without their knowledge or consent.
  • Use the Service in any way that could damage, disable, or impair it, or that could expose us or other users to liability.

We may suspend or block access to the Service (in whole or in part, including individual draws) if we believe these rules have been broken, or to protect the Service or its users.

4. Your content

You may enter information into the Service, including names, group names, exclusion rules, and wishlist items ("Your Content").

  • You retain ownership of Your Content. We do not claim any rights over it beyond what is described in this section.
  • You grant us a limited licence to host, store, process, transmit, and display Your Content for the purpose of operating the Service for you and your group. This licence ends when Your Content is deleted from our systems (see our Privacy Policy for details on retention).
  • You are responsible for Your Content, including making sure that you have the right to enter the names and other information you submit, and that doing so does not violate anyone's rights or any law.
  • The draw link is accessible to anyone who has it. Participant names and group names are visible to anyone with the link. Wishlist items are visible to the participant matched to a particular person.

We do not actively monitor Your Content, but we may review, remove, or refuse to host it if we become aware that it breaks these Terms or applicable law.

5. Privacy

Our Privacy Policy explains how we handle information in connection with the Service. By using the Service, you acknowledge that we will handle information as described in that policy.

6. Affiliate links

Wishlist items can include links to retailers. Some of those links may be affiliate links, which means we may earn a small commission if you click them and make a purchase, at no extra cost to you. This does not affect what you pay or which retailers you can link to.

As an Amazon Associate, we earn from qualifying purchases.

7. Service availability and changes

We provide the Service on a best-effort basis. We do not guarantee that the Service will be available at any particular time, that it will be uninterrupted, or that it will be free of errors.

We may, at any time and without prior notice:

  • Add, change, or remove features.
  • Limit, suspend, or discontinue the Service in whole or in part.
  • Set or change limits on how the Service can be used.
  • Modify our infrastructure or sub-processors.

Where reasonable, we will try to give advance notice of significant changes that affect existing draws.

8. Intellectual property

The Service, including its software, design, layout, text, images, and branding (other than Your Content), is owned by us or our licensors and is protected by copyright and other intellectual property laws. Nothing in these Terms transfers any of those rights to you, except for a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose in accordance with these Terms.

9. Third-party services and links

The Service relies on third-party providers (such as Cloudflare, Google Cloud, PostHog, and Sentry — see our Privacy Policy) and may include links to third-party websites (for example, retailer links in wishlists). We are not responsible for the content, availability, security, practices, products, services, purchases, or transactions of any third party. Your use of any third-party service or website is governed by that party's own terms and policies.

10. Disclaimers

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

We do not warrant that the Service will:

  • Be available, uninterrupted, secure, or free of errors;
  • Meet your requirements or expectations;
  • Produce particular results, including any particular pairing of participants in a draw;
  • Be free of viruses, harmful components, or unauthorised access; or
  • Preserve Your Content beyond the periods described in our Privacy Policy.

You use the Service at your own risk.

Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other rights that cannot lawfully be excluded.

If a consumer guarantee under the Australian Consumer Law applies to the Service and we are entitled by law to limit our liability for breach of that guarantee, our liability is limited, at our option, to re-supplying the Service or paying the cost of having the Service re-supplied.

11. Limitation of liability

To the maximum extent permitted by law:

  • We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of (or inability to use) the Service.
  • Our total aggregate liability to you for all claims arising out of or related to the Service or these Terms, however caused, is limited to AUD $10 or the amount you have paid us for the Service in the 12 months before the event giving rise to the claim, whichever is greater. The Service is free, so the second amount is normally zero.

These limits apply even if a remedy fails of its essential purpose, and regardless of the legal theory on which a claim is based (contract, tort, statute, or otherwise).

Some of the limitations in this section may not apply to you if your local law does not allow them. In that case, our liability is limited to the smallest amount permitted by that law.

12. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  • Your use of the Service;
  • Your Content;
  • Your breach of these Terms; or
  • Your violation of any law or any third party's rights.

13. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to the Service, or to a specific draw, at any time and for any reason, including if we believe you have breached these Terms, if we are required to do so by law, or if we discontinue the Service.

Termination does not affect any provisions of these Terms that, by their nature, are intended to survive termination — including provisions about Your Content, intellectual property, disclaimers, limitation of liability, indemnity, and governing law.

14. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict-of-laws rules.

You agree that the courts of New South Wales, Australia have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or the Service, except that we may bring proceedings against you in any jurisdiction where you are located if necessary to enforce our rights. Nothing in this clause prevents you from bringing proceedings in a court of competent jurisdiction in the country where you live, where the law of that country gives you that right and that right cannot be waived.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Effective date" at the top of this page. If the changes are significant, we will take reasonable steps to make them more visible — for example, by posting a notice on the Service.

Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not accept them, please stop using the Service.

16. Miscellaneous

  • Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us in relation to the Service, and they replace any prior agreements on the same subject.
  • No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of that right or provision.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • Assignment. You may not transfer or assign these Terms or any rights under them without our prior written consent. We may transfer or assign these Terms in connection with a sale, merger, or other transfer of the Service.
  • No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and us.
  • Notices. You can send notices to us at hi@draw.name. We may give notices to you by posting them on the Service.

17. Contact

If you have any questions about these Terms, please contact us at:

hi@draw.name