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Terms and Conditions

Date of Last Revision: 12 November, 2017

Defined Terms

In these Terms, unless the context otherwise requires:

"Charities Act" means the Charities Act

"Content" means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality provided by Event Givers, Gift Givers and Charities.

"Donee Tax Status" means registered donee status under the Tax Legislation for a Non Profit Organisation which allows a donee to claim a Tax Credit.

"Gift Giver" means a person who makes payments on a Registry Page to a Charity.

"Event Giver" means a person who registers with The Good Registry to create a page to raise funds from Gift Givers for a Charity.

“Charity” means a Non-profit Organisation to whom funds raised are applied.

"Registry Page" means Content created by an Event Giver for fundraising purposes.

"Intellectual Property Rights" means all trademarks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, Content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same in respect of the Website, any software developed by us and applied in the Website, and any underlying materials contained on the Website.

"Main Donation" means a donation given by a Gift Giver to an Event Giver, of which the total sum will have the Service Fee applied.

"Non-Profit Organisation" means any not-for-profit organisation which has Registered Charitable Status and/or Donee Tax Status.

"Registered Charitable Status" means a registered charity under the Charities Act.

"Service Fee" means the 10% fee (inclusive of GST) which is levied on all funds raised by the Event Giver via The Good Registry website, comprising a payment platform provider fee and a management fee.

"Taxation Authority" means the Inland Revenue Department or any other governmental body administering Donee Tax Status.

"Tax Credit" means any donation rebate allowable to a Member under Tax Legislation for making a donation to an organisation with Donee Tax Status.

"Tax Legislation" means all applicable tax laws in New Zealand from time to time.

"Terms" means these terms and conditions together with any privacy policy and/or acceptable use policy.

“Website” means thegoodregistry.com.

Overview

The Good Registry is an online fundraising service, provided through a website that is owned and operated by The Good Registry Limited.

Funds donated through The Good Registry are received, receipted and administered by The Good Registry Trust.

The service exists to facilitate online donations from members of the public wishing to give money to a cause (“Gift Givers”) to not for profit organisations (“Charities”) in lieu of gifts for special occasions to individuals who set up a Registry Page for the purposes of fundraising for such causes (“Event Givers”).

These Terms apply to all Event Givers, Gift Givers and Charities. By using The Good Registry and setting up or giving via a Registry Page, Event Givers and Gift Givers accept these Terms and authorise The Good Registry to collect and receipt donations from Gift Givers on their behalf and pass on their donations minus the Service Fee to chosen Charities. By registering as a charity with The Good Registry, Charities accept these Terms and authorise The Good Registry to collect donations on their behalf.

The Terms may be updated from time to time without notice. It is the users’ responsibility to check these Terms for updates and changes whenever they use The Good Registry. If at any time you do not agree to these Terms, please refrain from using The Good Registry. If you continue to use The Good Registry after any changes are made to these Terms then you will be deemed to have agreed to those changes.

The Good Registry Service Fee

From 15 November 2017, a fee of 10% (inclusive of GST) will be levied on the gross total donation raised by the Event Giver via The Good Registry website ("Service Fee").

The Service Fee will be automatically deducted from the total donation being paid to Charities.

Donation Method

Gift Givers make an immediate, unconditional donation using a valid credit card or debit card. Donations are immediate, non-refundable, non-transferrable and non-disputable. The minimum donation amount is $1.

Using Credit Cards

Credit card-based transactions are processed through a third party payment processor called Stripe (stripe.com) (stripe.com) and are subject to the policies and terms defined by Stripe. Beyond any obligations as a merchant which we are not able to exclude, we assume no responsibility for such transactions.

Where there has been an unauthorised use of a Gift Giver’s credit card to make a donation, and it is proven, then that donation will be refunded by The Good Registry to the Gift Giver’s credit card from donations held on trust for the Charity. If the donation has already been paid to the Charity, the Charity agrees to refund the unauthorised donation it has received to The Good Registry to enable this obligation to be met.

Receipts & Refunds

Gift Givers will be automatically emailed a donation receipt from The Good Registry Trust for every donation on The Good Registry. Where a donation of $5 or greater amount is made to a Charity, the donation tax receipt can be used to claim a donation tax credit with the Inland Revenue Department.

When a Gift Giver donates on The Good Registry, the donation is automatically attributed to the intended Charity selected by the Event Giver.

Donations to a Charity through a Registry Page are unconditional and non-refundable.

Payments

Donations in trust will only be paid by The Good Registry to Charities.

Each Event Giver creating a Registry Page must specify a Charity that will receive funds raised. The Charity will be publicly displayed on the relevant Registry Page.

Donations are aggregated per Charity once events have closed. The Service Fee is calculated, and net funds raised are batched and paid to the nominated New Zealand bank account between the 20th and 25th day of the month following the close of the event.

All charities will receive an account statement accompanying payments, detailing the aggregate total of Main Donations for those events that closed in the payment period and the Service Fee deducted from the Main Donations.

Interest

Any interest earned on monies held on trust for a Charity will be retained by The Good Registry Trust and will be used to maintain the service.

Becoming an Event Giver

You may become an Event Giver for free provided you complete the sign-up process and meet the following criteria:

  • you are at least 16 years old; and
  • in all other respects you can form a legally binding contract that is enforceable against you.

Anyone under 16 years old may become an Event Giver provided that they have parent or guardian consent.

If you complete the registration process you confirm to The Good Registry that you can form a legally enforceable contract.

An Event Giver confirms that the information provided is true and accurate. Where that information is no longer current the User agrees to promptly update the information.

Registering as a Charity

Charities may register for free by completing the registration process. A Charity must update The Good Registry immediately if there is any change in their status as either a Donee Organisation or a Registered Charitable Trust or if they cease operating.

Registry Pages

An Event Giver must create a Registry Page. A Registry Page will specify the event that the Event Giver wishes to collect donations in lieu of gifts for, the Charity that will receive the donations and the closing date for the Event.

Removal of Content

Any Registry Page must not incorporate any Content that The Good Registry, in its absolute discretion, considers is inappropriate for inclusion on The Good Registry website. The Good Registry will use reasonable endeavours to consult with you prior to removing all or any part of the content on any Registry Page. Nonetheless, The Good Registry reserves the right to remove any Content without consultation. The Good Registry also reserves the right to prohibit users who breach these Terms of Use from using The Good Registry website in the future.

Privacy

We collect personal information about Event Givers and Gift Givers when they use The Good Registry. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the Content viewed.

Users agree that previous donation or fundraising history through the Good Registry (as the case may be) can be published online (at the discretion of The Good Registry). The Good Registry shall not detail amounts donated by any particular Gift Giver.

The Good Registry will not sell or knowingly allow third parties to access the personal information of anyone without their consent. Despite this, The Good Registry reserves the right to release other personal information where we believe (acting on honest belief) release is required to:

  • Comply with the law (either at the direction of a court or by a person exercising some statutory authority);
  • Enforce these Terms or assist a person for whom these Terms are deemed to benefit;
  • Protect any intellectual property rights of The Good Registry, the Users or other third parties; or
  • Meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of The Good Registry disclosure is desirable to maintain the integrity of The Good Registry service and/or its Website e.g. enquiries from international authorities in respect of anti-money laundering activities.

In addition to the above, the Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we may handle your personal information under that policy. You can access ourPrivacy Policy here.

Taxation and Accounting Matters

It is important to note that The Good Registry is not an accounting, taxation or financial adviser for donations, and Event Givers and Gift Givers should not rely on any information given by The Good Registry to determine the accounting, tax or financial consequences of making a donation.

The Good Registry strongly recommends that you consult with your own adviser(s) about any accounting, taxation or financial consequences.

Intellectual Property

The Good Registry owns all Intellectual Property Rights. No use of The Good Registry Content is permitted without the express prior consent of The Good Registry. Enquiries and permission requests may be sent to hello@thegoodregistry.com.

Users warrant that all Content uploaded or shared by him/her/it, either from their own computer or another website/server, are either created or owned by them, or they have the necessary licenses, rights and permissions to use the Content.

Users acknowledge and agree that upon receipt and notice of any claim under this section, The Good Registry may immediately remove any content from the Website without liability. Any claims of any complaining party shall be referred onto the Event Giver for their attention.

No Warranties

The Good Registry will utilise reasonable efforts to maintain an acceptable performance of The Good Registry service and our support of website users, however we do not guarantee continuous operation of the Website, our support services or integrity of the data stored or transmitted via The Good Registry, Internet or any services. This warranty replaces all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).

Limitation of Liability

The Good Registry is not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of the Website and The Good Registry’s services whether foreseeable or not. Termination of your contractual relationship with The Good Registry shall be the sole and exclusive remedy for any and all damages or injuries suffered by you.

Despite any other provision in these Terms, if The Good Registry is determined liable to you for losses, our liability is limited to a maximum amount equal to funds donated by a Gift Giver or received for the benefit of a Charity.

You indemnify and hold The Good Registry, its subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:

  • your use or misuse of The Good Registry;
  • the Content uploaded by Event Givers, Gift Givers or Charities;
  • the violation of laws, rules, regulations or terms in these Terms;
  • any activities arising out of the use of a The Good Registry account; or
  • infringement by any Content uploaded by an Event Giver of any intellectual property or any other right of any person or entity.

The Good Registry reserves the right, at its own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by a user, in which event the user agrees to cooperate with The Good Registry in asserting any available defences.

Jurisdiction

These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Dispute Resolution

You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms, ("Dispute"), unless you have first complied with this section.

Where any Dispute arises, you (or your representative) and The Good Registry will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.

Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

Harmful Digital Communications Act 2015

The Harmful Digital Communications Act (HDCA) sets out to deter, prevent and mitigate harm caused to individuals by harmful digital communications. This includes cyber bullying, harassment and revenge porn posted online through emails, text, websites, applications or social media.

Harmful digital communication and cyber bullying includes:

  • sending or publishing threatening or offensive material
  • spreading damaging rumours
  • sending or publishing sensitive personal information such as embarrassing photos and videos.

Digital communication is defined widely in the Act to include any form of electronic message such as texts, photos, pictures, recordings etc.

The test for determining what is a harmful digital communication is whether the communication was designed to cause serious emotional distress. This is also very wide in its scope.

If any user of The Good Registry is deemed to have posted any Content that breaches the requirements of the HDCA or is deemed harmful and/or offensive, The Good Registry may take action by removing specific Content and may notify relevant authorities.