Terms of Service

GivingToHelp is an online fundraising service that is owned and operated by GivingToHelp society Our service allows Users to set up a GivingToHelp web page (GivingToHelp Page) for the purposes of seeking and receiving online donations for Kiwi causes from members of the public.

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.

From time to time We will make changes to Our Terms by posting the changes on the GivingToHelp 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 GivingToHelp, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the GivingToHelp website.  If You have any queries or concerns in relation to Our Terms, please contact Us at support@givingtohelp.org.

1. ACCEPTANCE OF OUR TERMS

By using Our services, You accept these Terms.

If You have set up a GivingToHelp Page (Page Owner), You authorise Us to collect donations from persons who choose to make a donation (Donors). 

If You are a Donor, You authorise Us to pass on the donation to the recipient of the funds (Payee) who may be the beneficiary named on the GivingToHelp Page (Beneficiary) or a recipient who receives the donation on behalf of the Beneficiary.

2. YOUR OBLIGATIONS

By using Our services, You agree:

• to comply with Our Code of Conduct;
• to our Content Management Policy and Privacy Policy;
• to provide Us with true and accurate information as reasonably requested by Us to conduct Our services, including as part of the registration process for establishing a GivingToHelp account maintained by Us to record any amounts donated (GivingToHelp Account), when creating a GivingToHelp Page and when providing information to Us for verification purposes;
• 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;
• not to engage in any conduct in relation to the services that violates laws (including privacy laws), rules, regulations or these Terms; and
• not to use Our intellectual property (e.g. trade marks and/or copyright) or assert any rights in any of Our intellectual property without Our prior consent. Enquiries and permission requests may be sent to helpdesk@GivingToHelp.co.nz.

3. GIVINGTOHELP SERVICE FEES AND INTEREST

We deduct a service fee of 2% (inclusive of GST) on all donations (except for Top-Up Donations, described below) (Service Fee).

We also retain any interest earned on monies held for You or Beneficiaries (see section 8 below), which We use to maintain Our services.

4. USE OF DONATIONS

We rely on the good faith of all Users of Our services to meet any stated objectives advertised on any GivingToHelp Page.  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.  

If You are a Donor and You are dissatisfied with the application of any donation made through a GivingToHelp Page, You should raise this directly with the Page Owner or make use of any forums on GivingToHelp such as the Q&A feature or “Report This Page” form, and/or contact GivingToHelp directly via the support email.

5. TYPES OF DONATIONS

You can make a donation by any of the means set out below.  

Direct Donations

You can make an immediate donation using a credit or debit card (Card), internet banking, a GivingToHelp Voucher (Voucher) or by transferring funds from Your GivingToHelp Account. The minimum donation amount is $1.

Conditional Pledges

You can pledge a donation by Card in relation to a GivingToHelp Page which has a minimum donation target. The minimum pledge amount is $1.

If the minimum donation target is not achieved before the close date, Your Card will not be charged. 

If the minimum donation target is achieved, and You have not revoked Your pledge before that time, Your Card will be charged at the pledge amount. If a charge for a pledge is unsuccessful, We may attempt to charge the Card for a further 7 days.

Planned Donations

If You have a GivingToHelp Account, You can create a regular donation plan, via your bank account, recurring Card payments or payroll giving (Plan).  Any donation made via a Plan must be a minimum value of $1.

Recurring Card Plan

Donations made via Cards are processed on the date and at the frequency selected by You at the time of creating the Plan. Your Card may be subject to an ongoing $1 "authorisation hold" from Your Card provider in order to complete the donation.

It is possible for You to hold multiple recurring Card payment Plans and assign different Cards to each Plan.

Payroll Giving Plan

Payroll giving Plans are donations made directly by Your employer via electronic bank transfer into Your GivingToHelp Account. Only Beneficiaries with tax donee status can benefit from payroll giving Plans.  Please contact Us if You require further information on this.  If You have any payroll giving funds accumulated in your GivingToHelp Account, these funds must be used within 12 months of the date of receipt of the funds from Your employer, otherwise the funds are surrendered to GivingToHelp. We reserve the right to distribute these funds to such charitable causes as We see fit. 

You may only hold one payroll giving Plan at any time.

Employer Matching

Some employers offer an employer scheme providing their employees with some form of employee donation matching (Employer Scheme).  If Your employer has an Employer Scheme and You are participating in it, We may share Your details (including donation details) with Your employer, as required to administer the Employer Scheme (although We will, where possible, attempt to anonymise or provide summary data only).

GivingToHelp Vouchers

Vouchers can be used to make a donation or to top up Your GivingToHelp Account.  Each Voucher has an expiry date displayed on it. If a Voucher has not been used to make a donation or to top up Your GivingToHelp Account on or before its expiry date, We may apply the value of the Voucher to such charitable causes as We see fit. 

Any tax credits from using a Voucher to make a donation will accrue to the benefit of the person using the Voucher to make that donation, rather than the original purchaser of the Voucher. 

Top-up Donations

On making a donation or a pledge, You are able to make a discretionary top-up donation of up to ten (10) percent of the amount of the main donation (Top-Up Donation). This is used to offset the Service Fee.

6. REFUNDS

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

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

7. USING CARDS AND INTERNET BANKING 

Card based transactions and internet banking transactions are processed through a third-party payment processor and are subject to the terms and conditions of the third-party payment processor. The privacy policy of the third-party payment processor applies to any such transactions.

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

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 having regard to the circumstances.

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.

8. GIVINGTOHELP ACCOUNT

If You have a GivingToHelp Account, We hold any funds within the account for You.

You can credit Your GivingToHelp Account via payroll donations, internet banking, Card payments, or from Vouchers.

If You would like to close Your GivingToHelp Account, please contact Us at support@givingtohelp.org.

9. VERIFICATION

In order to maintain compliance with laws and to ensure that We maintain a high standard of trust and confidence in Our services, We may require that a verification process takes place to verify Your identity. The verification 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.

If You are a Payee, this process is mandatory, but We may also verify any other Users including Beneficiaries and Donors. For details on the type of information We may require from You for verification purposes please see Our Privacy Policy.

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 User (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.

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 GivingToHelp or pay You any funds.

10. PAYMENT TERMS

Donations will only be paid out to verified Payees.  Donations and top ups made each month are batched and paid out (less the Service Fee) to the relevant verified Payee between the 20th and 25th day of the month following receipt of the donation by GivingToHelp.

Pledges that are converted into unconditional donations will be paid out in the monthly payment cycle immediately following the month in which the minimum donation target is achieved along with any funds donated in that month after the minimum donation target has been reached.

One-off payments can be facilitated in special circumstances at Our discretion in the event of an emergency, special need or projects or events that fall ahead of the next scheduled monthly batch payment.  To request a one-off payment please email support@givingtohelp.org and provide details of Your special circumstances.  We reserve the right to request additional information or supporting documentation at any stage in considering Your request.

We reserve the right to require an independent trustee or a change in the Verified Payee as a condition for payment. We may also require that any funds are paid to direct creditors of the Beneficiary.

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

11. RECEIPTS

Donors are automatically emailed a receipt (or notice of successful payment) for every donation on GivingToHelp.

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 support@givingtohelp.org.

12. YOUR REGISTRATION DETAILS

To register with GivingToHelp, You must be at least 18 years old. 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.

13. GIVINGTOHELP PAGES

All registered Users may create a GivingToHelp Page for any charitable or funding purpose which We approve.  You agree to comply with Our Content Management Policy.

When setting up a GivingToHelp Page, You must make it clear what the raised funds will be used for.  This purpose will be displayed on the GivingToHelp Page.

You may only create a GivingToHelp 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.

Where a GivingToHelp Page is a project page with a minimum donor target, donations will be conditional on reaching that minimum donor target by a specified date.  The minimum donor target and the closing date for that GivingToHelp Page cannot be changed after the GivingToHelp Page is active.  We cannot guarantee that all donations pledged will convert to unconditional donations and We are not liable to Users in the event that donations pledged and/or funds raised are lower than the minimum donor target.

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

We may immediately remove Content from a GivingToHelp 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 the GivingToHelp website, please email Us at support@givingtohelp.org. We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.

Where You are a Page Owner, but not the Beneficiary of that GivingToHelp Page, You agree to obtain the consent of the Beneficiary prior to uploading any Content to the GivingToHelp Page that may contain the Beneficiary's personal information.  We reserve the right to remove any Content from any GivingToHelp Page, at Our sole discretion and without notice, if requested by the Beneficiary.

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

no Payee has been verified; or

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 in the event that a GivingToHelp Page raises less than $100 nor for individual donations that are less than $20.

14. 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 GivingToHelp Account or GivingToHelp Page if We suspect any malicious activity or unauthorised access.

15. TERMINATION OR SUSPENSION

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

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

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;

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

We consider Your behaviour to be unacceptable;

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

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;

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

We are unable to complete our verification processes as set out in section 9 of these Terms (including any required re-verification).

16. 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.

17. NO WARRANTIES

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

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

18. 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.

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 GivingToHelp to fundraise.

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).

19. 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 GivingToHelp Account.

20. 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 support@givingtohelp.org.

GivingToHelp 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 support@givingtohelp.org

We are also a member of an external, independent dispute resolution scheme operated by Financial Services Complaints Limited (FSCL) and approved by the Ministry of Consumer Affairs.

If we cannot agree on how to resolve your issue, you can refer the matter to FSCL by emailing info@fscl.org.nz, calling FSCL on 0800 34 72 57, by contacting the Complaint Investigation Officer, Financial Services Complaints Limited, Level 4, 101 Lambton Quay, Wellington 6145 or by post at PO Box 5967, Wellington 6145. Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. There is no cost to you to use the services of FSCL.

21. 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.

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

Content Management Policy

GivingToHelp is an online fundraising platform that allows Users to set up a GivingToHelp Page for the purposes of seeking and receiving donations for Kiwi causes from members of the public.

In Our opinion, censoring GivingToHelp Pages on a values basis may negatively impact the diverse ways in which Kiwis choose to express generosity. In order to minimise this risk, We actively monitor and manage abuses that compromise Our ability to provide the service and preserve the freedom of giving and receiving that it encourages.

1. CONTENT

The integrity of the GivingToHelp service depends on all Users using the GivingToHelp service in a responsible and legal manner, with courtesy and consideration.

You agree that You will not upload any Content onto a GivingToHelp Page that We reasonably believe:

• infringes any intellectual property rights of any third party;
• detrimentally affects the brand or reputation of GivingToHelp, Perpetual Guardian, any other User or any affiliates or partners of Perpetual Guardian (GivingToHelp) Holdings;
• misleads as to the nature, type, service, intentions or benefits of donating to the GivingToHelp Page;
• contains inaccurate, ambiguous, exaggerated, defamatory, untrue or out-of-date information;
• encourages, counsels, incites or suggests any criminal or unlawful acts;
• preys on individual groups by virtue of their circumstances;
• contains vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racial or violent nature;
• promotes or provides inflammatory or demeaning opinions of an individual or group;
• uses images or information of a named or identifiable third party without their consent (parental/guardian consent is required if the third party is under 18 years);
• misrepresents Your identity or affiliation with any other person or organisation;
• uses GivingToHelp to send junk mail or “spam” in breach of the Unsolicited Electronic Messages Act 2007;
• conducts, displays or forwards surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like;
• uses the GivingToHelp service to facilitate product or event ticket sales;
• uses the GivingToHelp service in a way that will result in the Donor receiving a material benefit in respect of GivingToHelp Pages that are eligible for a tax credit;
• uses the GivingToHelp service to facilitate any form of equity crowd funding or investment where Donors may expect a return on that investment;
• interferes with or disrupts the GivingToHelp service or services or networks connected with GivingToHelp, or introduces any computer virus which may be harmful to Our system; or
• is harmful and/or offensive.

2. MODERATION

All GivingToHelp Pages are reviewed and approved by a GivingToHelp moderator prior to the GivingToHelp Page becoming publicly searchable.  The moderation process may include checks on:

• The identities of the Page Owner, Payees and Beneficiary;
• Verifiable data, i.e. Donee tax status, Charities Register, Ministry of Education database;
• Good taste, decency and acceptable Content;
• Clearly stated and legal intentions for funds raised;
• Any graphic content or profanity;
• Respect for third party rights and privacy;
• Compliance with the Terms, Content Management Policy and Code of Conduct; and
• Beneficiary Consent.
• We try to complete the moderation process within three business days of the creation of the GivingToHelp Page, however, this is dependent on the nature of the Content and ease of communication with the Page Owner. 
• A 'lightbox' notice is displayed on a GivingToHelp Page until the page has been moderated by Us. A GivingToHelp Page may still receive donations where it is awaiting moderation. A GivingToHelp Page will not be publicly searchable until it has been successfully moderated by Us, and 'donor validation' has been achieved. 

3. DONOR VALIDATION

A 'lightbox' notice is displayed on a GivingToHelp Page until it has achieved 'donor validation', meaning it has received three donations from three independent parties. A GivingToHelp Page will not be publicly searchable until donor validation has been achieved.

4. LOCKED DATA

Certain data and information provided by Users of GivingToHelp is locked after it is inputted.  This is to prevent unauthorised changes and to protect the integrity of the fundraising process for all Donors. 

5. NO ENDORSEMENT

We do not endorse any Content displayed on a GivingToHelp Page.

6. INDIVIDUAL DONOR RESPONSIBILITY

Donors may donate to GivingToHelp Pages as they see fit and Donors are solely responsible for their decisions to make a donation.

7. ENFORCEMENT

If You encounter a GivingToHelp Page that You believe violates Our Terms, Content Management Policy or Our Code of Conduct, please report it to Us using the Report This Page link displayed on the Page. We carry out reviews and investigations of GivingToHelp Pages that are reported by the public and may remove or edit, at Our discretion and without notice, any Content posted on a GivingToHelp Page if We consider that any violation has occurred.

 

Code of Conduct

This Code of Conduct applies to all Users, including browsing visitors, and sets out Our expectations in relation to use of the GivingToHelp service.

When You use GivingToHelp for any purpose You agree to:

• abide by the Terms, Content Management Policy and this Code of Conduct;
• Our right to actively monitor and engage with Users as described in the Terms;
• act honestly and truthfully in all representations and information You make publicly available on GivingToHelp;
• cooperate in all interactions with other Users, Our service team and other representatives;
• respect the role of GivingToHelp as the enabler of GivingToHelp as a public service, not a regulator of charitable purpose in New Zealand;
• respect the freedom of all GivingToHelp Users to donate online;
• respect the freedom of all GivingToHelp Users to fundraise responsibly; and
• immediately contact support@givingtohelp.org if the legitimacy of an organisation, cause or individual providing information on GivingToHelp is in doubt.

When using GivingToHelp to fundraise You agree to:

• only upload Content that does not violate the Terms, Content Management Policy or this Code of Conduct;
• Our right to moderate Your Content and verify the data and information You provide;
• honestly and truthfully represent Your fundraising purpose and intentions on Your GivingToHelp Page;
• use all funds You raise on GivingToHelp for the purpose You advertise on Your GivingToHelp Page;
• provide regular updates to Donors using the tools provided;
• promptly respond to all questions and requests for information from Users,  Our service team and other representatives;
• immediately update Your GivingToHelp Page if Your fundraising purpose or intentions for use of donations changes;
• co-operate with Our service team in the event that Your fundraising purpose is interrupted, discontinued or unable to proceed for any reason;
• comply with all New Zealand law relevant to your fundraising activities and use of funds raised on GivingToHelp; and
• take full responsibility for fulfilling Your personal obligations, including any legislative, reporting or compliance requirements arising from receiving funds raised or donations made using GivingToHelp.
• For further information about this Code of Conduct, or to report a breach please contact Us or email support@givingtohelp.org.
• Harmful Digital Communications Act 2015
• The Harmful Digital Communications Act 2015 (HDCA) sets out to deter, prevent and mitigate harm caused to individuals by harmful digital communications.
• The HDCA is made up of a list of communications principles, all of which apply to digital communications (which means any form of electronic communication). All Users are expected to abide by these principles.
• Users must respect others and conduct themselves honestly and in good faith at all times. If a User breaches these principles or their Content is deemed harmful and/or offensive, GivingToHelp may take action by removing that Content.

For further information about the HDCA, please email us at support@givingtohelp.org.