Giv2 is a fundraising service that is owned and operated by Giv2 Limited (We, Us or Our). Our service allows Fundraising Groups to set up a Client Account (Giv2 Client Account, Organisation Account) for the purposes of receiving online donations and contributions from members of the public via a cashless and contactless method of transaction.

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These terms of service (Terms) describe the services that We provide for you (User, You or Your) and what We require of You in return.

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From time to time We will make changes to Our Terms by posting the changes on the Giv2 website and indicating the date these terms were last revised. If the changes to Our Terms are material and will significantly impact the way that You use Giv2, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the Giv2 website.  If You have any queries or concerns in relation to Our Terms, please Contact Us on info@giv2.co.nz.

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1. ACCEPTANCE OF OUR TERMS

By using Our services, You accept these Terms.

• If You have set up a Giv2 Client Account, You authorise Us to collect donations and contributions from persons who choose to make a donation or contribution (Donor) on your behalf.

• If You have set up a Giv2 Donor Account (Donor), You authorise Us to pass on the donation or contribution, as well as your details, to the recipient of the funds (Payee) who may be the beneficiary or account owner of the Giv2 Client Account (Beneficiary).

 

2. YOUR OBLIGATIONS

By using Our services, You agree:

1. to comply with Our Code of Conduct;

2. to our Content Management Policy and Privacy Policy;

3. to provide Us with true and accurate information as reasonably requested by Us to conduct Our services for creating and maintaining a Giv2 account and when providing information to Us for verification purposes;

4. not to upload any content (including text, pictures, graphics, audio, video, images or other data) (Content) which breaches the intellectual property rights of any third person or entity;

5. not to engage in any conduct in relation to Our services that violate laws (including privacy laws), rules, regulations or these Terms;

6. not to use Our intellectual property (e.g. trademarks and/or copyright) or assert any rights in any of Our intellectual property without Our prior consent. Inquiries and permission requests may be sent to info@giv2.co.nz; 

7. if you are a Donor, that you should be informed about the organisations you support, and as such for us to pass your contact details to them to provide you with marketing / communication materials, which you may choose to opt-out of directly with them.

 

3. GIV2 SERVICE FEES AND INTEREST

Our Service may be provided for a fee or other charge. If you elect to use a paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at Our sole discretion. (Service Fee).

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We also retain any interest earned on monies held for Beneficiaries (see section 8 below), which We use in support of maintaining Our services.

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4. USE OF DONATIONS

We rely on the good faith of all Users of Our services to use funds for the objectives stated on any Giv2 Page, or in support of the work mentioned on their own publicly available websites. We are not responsible for ensuring that Beneficiaries use donations in any particular way and We cannot guarantee that donations will be applied for a particular purpose.

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If You are a Donor and You are dissatisfied with the application of any donation made through a Giv2 Page, You should raise this directly with the Fundraising Group

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5. TYPES OF DONATIONS

Direct Donations:

You can make an immediate donation using a credit or smart debit card (Card). Some Client Accounts utilises OnlineEftpos so you can make a bank-to-bank account, low fee, instant donation.

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6. REFUNDS

All donations to a Giv2 Page are non-refundable and non-transferable unless We direct otherwise (which We will only do in exceptional circumstances).

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If any refund that We attempt to process is unsuccessful, the donation is surrendered to Giv2 and We reserve the right to distribute these funds to such charitable causes as We see fit.

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7. USING CREDIT CARDS

By using Giv2 the user agrees to their Credit Card details being captured through Our third-party payment processor. Giv2 stores a token, but not the Credit Card details of our User. The user is subject to the terms and conditions of the third-party payment processor (found here for Stripe & here for Paymark/WorldLine). The privacy policy of the third-party payment processor applies to any such transactions (found here for Stripe & here for Paymark/WorldLine).

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We assume no responsibility to You for such transactions, except where We cannot limit or exclude Our responsibility under law.

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If You have proved to Our reasonable satisfaction that there has been an unauthorised use of Your Card to make a donation, We will, if the donation has not yet been paid to the Beneficiary, refund the transaction to Your card.  Otherwise, any refunds will be at Our discretion.

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As part of Our monitoring process and to comply with Our reporting obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AMLCFT Act), We may contact You regarding Your donation if We consider it necessary.

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8. VERIFICATION

In order to maintain compliance with laws, We may require that a verification process takes place to verify Your identity. This process may include requiring You to provide Us with certain personal information. Re-verification may be required in the event that You amend or update Your details or as part of the requirements for ongoing relationships.

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The information that We obtain as part of this process will be used for the purpose of verifying the identity of the intended Payee and/or other Users (including by checking that information against third party databases or other sources) and complying with Our obligations as a reporting entity under the AMLCFT Act. The verification process includes checks to identify Users who are politically exposed persons or close associates of such persons.  If You are providing this information on behalf of the intended Payee, please ensure that You have the consent of the intended Payee to do so for these purposes.

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If We cannot verify You or We identify an issue as a result of that verification process,  We may not be able to register You with Giv2 or pay You any funds.

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9. PAYMENT TERMS

Donations will only be paid out to verified Payees.  Donations made are batched and paid out (less any Service Fee) to the relevant verified Payee on a monthly basis by Giv2.

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In the event Giv2 makes an overpayment to a Payee, the overpaid funds must be returned to Giv2 within 3 days of that Payee being contacted by Giv2 or as otherwise agreed with Us.

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10. RECEIPTS

Donors are automatically emailed a receipt (or notice of successful payment) for every donation on Giv2, unless they have specifically opted out of receiving these by way of updating their profile preferences.

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The type of receipt or notice that will be issued will depend on the amount and type of the donation and the tax treatment of that donation. For further information please contact Us at info@giv2.co.nz

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11. YOUR REGISTRATION DETAILS

To register a Donor account with Giv2, You must be at least 16 years old. To register a Giv2 Client Account, You must be at last 18 years old. By registering for a Giv2 account You confirm that You meet these requirements and You confirm that all of the information You provide to Us as part of the registration process is true and accurate. It is Your responsibility to update Your details as they change from time to time.

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12. GIV2 PAGES

All Client Accounts registered may create a Giv2 Donation Page or Pages (Giv2 Page) by setting up a campaign with at least one Collection Point (Giv2-QR) code for any charitable or fundraising purpose which We approve. You agree to comply with Our Content Management Policy.

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You may only create a Giv2 Page on behalf of an organisation if You are an authorised representative of that organisation. If We receive advice contrary to the above then We will remove the page and potentially the Client Account.

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We reserve the right to cancel a Giv2 Page without notice at the request of the Beneficiary or otherwise for breach of the Terms or the Code of Conduct.

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We may immediately remove Content from a Giv2 Page if any intellectual property rights are contested by a third party or if We become aware that You are not properly authorised to use any Content. If You suspect a breach of any intellectual property right on a Giv2 page, please email Us at info@giv2.co.nz We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.

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In the event that Giv2 holds funds raised by a Giv2 Page for longer than 3 months and:

1. no Payee has been verified; or

2. the page is unable to be moderated in accordance with our Content Management Policy,

We will use reasonable endeavours to refund the funds but reserve the right to distribute the funds to such charitable causes as We see fit.  No refunds will be made for individual donations that are less than $10.

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13. PASSWORDS & SECURITY

You are responsible for keeping personal login information safe, private and secure at all times. We may take such security measures as We deem fit, including suspending or locking Your Giv2 Account if We suspect any malicious activity or unauthorised access.

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14. TERMINATION OR SUSPENSION

We may reject Your registration, use of or access to Our services at Our discretion.

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We may suspend or terminate Your Giv2 account and/or use of Our services without incurring any liability to You if:

1. a serious complaint is received or a number of complaints (amounting to what We determine as a serious complaint) are received about You in relation to Your use of Our services;

2. You breach these Terms, Our Content Management Policy or Our Code of Conduct;

3. We consider Your behaviour to be unacceptable;

4. We consider Your activity is detrimental to, or may cause distress or harm to, any person;

5. in relation to suspension only, such suspension is necessary for any system maintenance (after giving You as much advance notice as is reasonably practical in the circumstances) or without notice to address security concerns in relation to Our systems;

6. termination or suspension is required by any law or direction from any government, law enforcement or other authority; or

7. We are unable to complete our verification processes as set out in section 8 of these Terms (including any required re-verification).

 

15. PRIVACY

We take privacy seriously when We collect personal information from You. When You register, You agree to Our Privacy Policy and to Us occasionally making contact via email for matters that We deem important to Your membership, in accordance with Our Privacy Policy. You can find Our Privacy Policy here.

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16. NO WARRANTIES

We will use reasonable efforts to maintain the Giv2 service, however, We do not guarantee continuous operation of the Giv2 website or Our services.

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We do not provide any further warranties in relation to Our services, and exclude any additional warranties to the extent allowed by law.

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17. OUR LIABILITY TO YOU AND WHAT COMPENSATION WE WILL PAY

You have statutory rights under the Consumer Guarantees Act 1993.  Nothing in these Terms will limit Your rights under that Act, unless We are legally entitled to do so. If You use Our services for business purposes, the Consumer Guarantees Act 1993 does not apply.

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All other types of liability (including loss of profits or business) are excluded to the extent permitted under New Zealand law. In particular, We are not responsible for any information given by Us or contained on Our website in relation to the accounting, tax or financial consequences of making a donation or using Giv2 to fundraise.

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In the event We are liable to You, Our maximum liability to You under these terms, however caused, is limited to the funds donated by You or received by You as a Beneficiary (as applicable).

 

18. YOUR LIABILITY TO US AND WHAT COSTS YOU MUST PAY

You are liable to Us for any losses We suffer and costs We incur (including the cost of a solicitor) as a result of:

• Content uploaded by You;

• Your breach of these Terms or Our Code of Conduct; or

• third party claims arising as a result of Your use of Your Giv2 Account.

 

19. DISPUTES OR COMPLAINTS

If You have a dispute with Us or a complaint about Our Services, We would like the opportunity to resolve this with You amicably.  Please contact Us at info@giv2.co.nz.

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Giv2 always seeks to provide You with the highest level of service. If for any reason we do not meet your expectations, please contact us. We aim to resolve all disputes as soon as they are brought to our attention, as quickly and fairly as possible. If we are unable to do so, we will set out for you the steps we will take to find a solution and the timeframe in which you can expect the matter to be resolved. You may contact us to make a complaint by email via info@giv2.co.nz.

 

20. GENERAL

If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected.

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New Zealand law applies to these Terms and You agree that the New Zealand courts will hear any claim brought under these Terms.

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Last updated: 13-Jun-2022