Terms and Conditions
2 DONATE Limited, whose registered office is at 27 William Pickering Dr, Albany, Auckland trading as 2 DONATE ("2 DONATE"), operates www.donate.co.nz (the "Website"). These are the general Terms of Service which govern your use of the Website. Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website. If you have any queries please contact us. Please note: these Terms of Service may change or be updated from time to time at the sole discretion of 2 DONATE. It remains your responsibility to access and check these Terms of Service wherever and whenever you access the Website. The latest version of these Terms of Service will be used as the current version in determining any future usage by you of the Website.
Definitions:
Donor means the person who is making or has made a donation by credit card or direct debit from bank account.
Donee means the recipient organisation, which can be a New Zealand registered charity, school or religious organisation.
Charities, Schools and Religious Organisations (Donees)
The Website allows you to donate to, and raise funds for, any New Zealand registered donee. Donees are accepted as members at 2 DONATE's discretion. Donees must be registered with either the Donee Commission, IRD List of Donee organsaitions or the Ministry of Education to be eligible to receive a donation. To qualify for a tax rebate, the doneemust be registered on the IRD list of Qualified Donees
Use of your donation
2 DONATE is not responsible for what purpose any donee which receives funds from 2 Donate uses those funds, and makes no guarantees as to the quality of service provided by the donee or any other promise made by the donee in how raised funds may be used. Please note that the donee reserves the right to use your donation for its general purposes. 2 DONATE cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the donee itself. Should you believe that a donee has mis-used funds or engaged in any illegal activity around the use of funds please contact 2 Donate.
2 DONATE fees
2 DONATE charges a small transaction fee on every donation made on the Website, in addition to the merchant service fee or direct debit fee, if applicable. The transaction fee is currently 4% of the gross donation. Additional fees may also apply to donees for additional services.
Donation Refunds
Donations will only be refunded to donors with the prior written consent of the donee to whom it has been made, regardless of whether or not the donation had been paid to the donee by 2 DONATE. Before a donation is refunded, the relevant donee must agree that 2 DONATE may deduct the amount to be refunded from subsequent payments to be made by 2 DONATE to the donee. Where no further payments are due to be made to such donee within two weeks of the refund being made to you, 2 DONATE reserves the right to invoice the donee for the amount of the refund and the donee must agree to settle that invoice within four weeks of the date of the invoice.
Unauthorised card use
When a donation is made on the Website the transaction is final and not disputable unless unauthorised use of your payment card is proved by your issuing card issuer. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its misuse or fraudulent reporting rules.
Protecting your password
When you register with 2 DONATE and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately and contact us on support@donate.co.nz
Links
The Website contains links to the websites of donees and other organisations. Inclusion of a link to another website does not imply endorsement of its content, opinions or use of funds. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.
Trademarks
The names 2 Donate, donate.co.nz the 2 Donate logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not 2 DONATE's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit 2 DONATE. Other trademarks, service marks or logos that appear on the Website, in particular (but not exclusively) those of member donees, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. These trademarks, service marks or logos must not be used without the express permission of both 2 DONATE and the trade mark owner.
Privacy
2 DONATE's Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here
Copyright
All content on the Website is owned by 2 DONATE, our member donees, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or any other proprietary notices. No other use of the Website's content is permitted without the express prior permission of 2 DONATE, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to info@donate.co.nz
Changes to the service
2 DONATE will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice, or assign services to a third party. Any new features, services or software applications introduced now or in the future shall be subject to these Terms of Service.
Termination
You may discontinue use of the Website and services at any time. Any unsettled funds will be distributed to donees within one month of the last payment received, less any refunds or monies owing for rendered services. These Terms of Service will continue to apply to past use by you.
Disclaimer and Limitation of Liability
The Merchant indemnifies and undertakes to keep indemnified 2 Donate and its Related Entities (as defined in the Corporation Law) against any liability or losses whosoever arising directly, indirectly or consequently (both direct and consequential) sustained by them as a result of use of this Website. This indemnity is a continuing obligation and survives termination of this or any subsequent Agreement.
2 Donate’s liability to the Merchant under this Agreement will be limited to $100.00. In no case will 2 Donate be liable for any consequential loss or damage suffered by users or any other 3rd party arising from the Users use of or inability to use the Website. Your participation in the Website or by your authorized representatives infers that you are aware or have been advised of the possibility of consequential loss or damage flowing from, but not limited to, any errors, faults, omission or other inaccuracies of the Website. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
Neither party will be liable to the other for any delays or non-performance of contractual obligations under this agreement caused by a force Majeure event provided each party has taken all reasonable steps to minimize any loss, damage or delay resulting from a force Majeure event.
2 DONATE may change the format and content of the Website from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.
Governing law
These Terms of Service are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
Third party rights
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service. Failure to comply with these Terms of Service In the event that you commit a breach of these Terms of Service 2 DONATE reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and services.
Governing law
These Terms of Service are governed by New Zealand law and are subject to the exclusive jurisdiction of the New Zealand courts.
Third party rights
A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.
Currency Statement
All donations will be transacted in NZ dollars.
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