Terms & Conditions of Coromandel Classic 2019 - NZ

Terms and conditions of purchase for 25000spins Events

These Terms and Conditions of Entry (“Entry Terms”) are designed to enable 25000spins events (the “Ride”) to run effectively. By registering to participate in the Ride, you (the “Rider”) accept and agree to be bound by these Entry Terms:

Entry Requirements

1.     The Rider may elect to take part in one of the ride options. The ride lengths may not match the exact distance promoted.

2.     The Rider may change his/her Ride Option. If the Rider changes to a Ride Option with a higher entry fee, the Rider will be required to pay and will be charged the difference between the entry fee paid and the higher entry fee. If the Rider changes to a Ride Option with a lower entry fee, the difference between the entry fee paid and the lower entry fee will not be refunded.

3.     A registration is not considered to be complete, and a place held in the rider's preferred ride option until all required rider information is supplied and payment in full has been received and the fundraising minimum has been met.

4.     The Rider warrants that he/she has prior experience or will obtain experience riding in groups and be able to maintain a minimum average speed of 20km per hour.

5.     25000spins may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration.

6.     Anyone taking part in this event will be classed as a professional fundraiser.

7.     In return for a secured place on the event, you must donate to 25000spins a non-refundable contribution to the trip costs of your entry deposit and commit to raising a further minimum amount in sponsorship as outlined on sign up. Proof of confirmed pledges for the full amount should be received no later than 5 days before the trip starts.

8.     Raise the specified minimum in sponsorship to take part in the event.

9.     Make it clear that I am not an employee or agent of the Charity.

10.   To be at least 18 years of age.

Cancellations

10.   No refunds will be offered for cancellations received.

11.   Should you not be able to take up your place, donations will not be refundable or transferrable to another event.

Ride Communications

12.   Ride Communications will principally be made via email and text message. The Rider should therefore provide a valid email address and mobile number.

13.   The Rider consents to receiving and reading all information that is made available, in email, text message, the Ride Guide and all other literature concerning the Ride.

Mode of Transport

14.   Only standard, human-powered bicycles are permitted on the Events. Unicycles, scooters, motorised and power-assisted bicycles, child seats, tagalongs, trailers and animals are not permitted on Events.

 

Merchandise

15.   All Riders who register pay in full and reach the fundraising minimum will be eligible to receive an official event cycling jersey.

16.   All Riders on all Ride options must wear their event jersey whilst participating in the ride unless part of a registered team. The event jersey must be worn each day of the event.

17.   All merchandise purchased is non-refundable.

Transport

18.   All transport bookings for the ride options are non-refundable.

19.   25000spins will use its best endeavours to take due care in handling bikes transported, but is not responsible for any loss, damage, cost or expense that the Rider may suffer or incur as a result of 25000spins handling his/her bike.

Acknowledgement and Waiver

20.   The Rider acknowledges and agrees that participation in the Ride is inherently dangerous and that he/she participates in the Ride at his/her own risk.

21.   In consideration of 25000spins permitting the Rider to enter and participate in the Event, the Rider hereby releases and indemnifies 25000spins, the sponsors of the Ride and any of their respective representatives from and against all and any claims, suits, demands, liabilities, loss and damage (including indirect and consequential loss), costs, expenses and, interest, whether pursuant to common law or statute, that the Rider may suffer or incur arising from or connected with the Rider’s participation in the Ride including as a result of the negligence, breach of duty, breach of care or other fault or responsibility of 25000spins, the sponsors of the Ride and any of their respective representatives. A waiver and release form of 25000spins is annexed to this agreement as its integral part. You are not entitled to participate in the Event until you agree with terms and conditions of both this Agreement and the said Waiver form.

22.   If the Rider is a parent/Guardian of a person under 18 years (“Under Age Child”) who is participating in the Ride, that Rider consents to the Under Age Child participating in the Ride and agrees to take full and sole responsibility for the Under Age Child’s safety and participation in the Ride.

23.   The Rider further agrees and undertakes to 25000spins for and on behalf of the Under Age Child that the release and indemnity contained in clause 35 applies with full force and effect to the Under Age Child and that the Rider and any spouse or defacto spouse or partner will take no steps of any sort on behalf of the Under Age Child that would result in the release and indemnity in clause 35 being rendered inoperative, of no effect or being declared or ordered by a court of law as not applying to the Under Age Child.

24.   An adventure Event is not without risks. You must be adequately fit to cover the distances and undertake the programme set out in your Event itinerary. You therefore take part entirely at your own risk. In addition you agree to indemnify 25000spins and the Charity against claims for loss or damage to personal property or for loss or consequential losses or claims through your participation in this Event arising from your own actions.

25.   You take the risk that you will be able to satisfy all immigration customs or other authorities to be able to be granted lawful access into all the countries on the itinerary. If you are refused access, 25000spins accepts no liability for any costs and expenses you incur in resolving your difficulties or returning home. 25000spins will give such assistance as we can in the circumstances without any obligation upon us to do so and without any liability for our actions on your behalf.

Compliance with Laws

26.   During the Ride, the Rider must comply with all traffic and road laws, all directions issued by Police and all instructions given by 25000spins or any employees or officials representing 25000spins at the Ride. Failure to do so may result in the Rider being removed from the Ride and they will not receive a registration refund.

The Rider must wear a standard cycling helmet at all times during the Ride while riding a bicycle whether or not it is mandatory under the jurisdiction the event takes place.

27.   Rider acknowledges and guarantees her/his knowledge and compliance with the traffic rules of the jurisdiction of the ride. If traffic rues contain less safety requirements than this Agreement this Agreement should be applied. If traffic rules require higher safety standards, traffic rules should be applied by Rider. In case of direct contradiction of traffic rules and this Agreement, traffic rules shall be applied

28.   The rider of a bicycle must not ride at night, or in hazardous weather conditions causing reduced visibility, unless the bicycle, or the rider, displays: (a) a flashing or steady white light that is clearly visible for at least 200 metres from the front of the bicycle; and (b) a flashing or steady red light that is clearly visible for at least 200 metres from the rear of the bicycle; and (c) a red reflector that is clearly visible for at least 50 metres from the rear of the bicycle when light is projected onto it by a vehicle’s headlight on low-beam.

29.   You must comply with the laws and regulations of the countries visited and comply with all reasonable instructions of the Event Leader relating to the safety and organisation of the Event. If in 25000spins opinion, any airline pilot, accommodation manager or other person in authority feels that you are behaving in such a manner as to cause danger, distress or annoyance to others or cause damage to property, your Event arrangements may be terminated by us or the Supplier concerned. In such an event, 25000spins shall have no liability to you and will not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. Furthermore, you must meet any expenses 25000spins incurs as a result of your behaviour.

Preparation, Training, Health and Safety

30.   The Rider is responsible for ensuring that he/she has adequately and appropriately prepared both physically and mentally for the Ride. If the Rider has any health issues or doubts prior to the Ride, he/she should immediately seek appropriate medical advice.

31.   If, during the Ride, the Rider becomes ill or is injured, 25000spins will endeavour to arrange medical transport, usually in an ambulance. Any medical transport will be at the Rider’s expense. (25000spins recommends that Riders hold current ambulance service membership and /or health insurance to cover such costs.

32.   The Rider is responsible to ensure that the bicycle is properly serviced, roadworthy and suitable for the event.

33.   Most participants complete the Event they undertake. However, if you are obliged to cut your Event short due to ill-health or for any other reason, there is no refund. Any additional accommodation and/or transfer fees, flight and accommodation costs are your responsibility.

Common Sense

34.   The Rider must ride in a safe and responsible manner during the Ride and use common sense at all times.

35.   The Rider must exercise caution on all public roads and other thoroughfares and ride defensively and courteously.

Meal and Dietary Requirements

36.   If these food provided do not meet your dietary requirements, you must consider alternate ways in which to personally cater for your own meals.

37.   Any special meal option for the Ride is provided by 25000spins as a service to the Ride Participants. Every effort is made by 25000spins to ensure that recipes and ingredients are controlled.

38.   25000spins cannot however, guarantee that any meal or food item is exactly as described - contamination by allergens can occur that is beyond 25000spins and or the caterer's reasonable control.

39.   It is solely the Ride Participant’s responsibility to carry on you at all times, suitable food and/or medication which may be necessary to treat any particular medical condition that you suffer from.

40.   Meals provided for the Ride not intended to provide full nutrition for your ride distance. We expect that riders will adequately cater to their nutritional requirements while undertaking their chosen ride distance.

Ride and Ride Option Variation

41.   25000spins reserves the right, in its absolute discretion, to: (a) change or vary the route of any of the Ride Options without notice; (b) cancel, postpone, reschedule or change the time or place for the Ride or any of the Ride Options for any reason and at any time prior to the commencement of the Ride; and (c) 25000spins is not responsible for or liable to the Rider for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by the Rider resulting from any such action taken by 25000spins.

42.   25000spins has no control and accepts no liability whatsoever for cancellations and delays, which are subject to operational decisions by carriers, airlines and/or traffic control authorities. You are responsible for checkin at the correct time and for presenting yourself to take up all pre-booked components of your Event. If transportation delays mean that any additional transfers are required to enable you to join the group these costs must be met immediately by you and should later be reclaimed under your insurance policy if applicable. If you are joining the tour locally (i.e. the country(s) the Event takes place in) the responsibility of 25000spins does not commence until the appointed time at the designated meeting point.

43.   The timings of road or rail departures are estimates only. We cannot accept liability for any delay in your travel arrangements from or to the event start point whether the cancellation or delay is caused by adverse weather conditions, rescheduling by a transport provider, port authority, mechanical breakdown or industrial action. Where long delays result in lost Event time, no refunds are given by hotels or suppliers. Similarly, transport providers do not offer compensation for delays.

44.   If 25000spins is required to change the itinerary during the Event, the Event Leader will arrange the best alternative. This decision will rest on the sole judgement of the Event Leader. The decision of the Event Leader is final.

Private support vehicles

45.   Private support vehicles are not permitted on the Ride. Riders found to be making use of private support vehicles may be expelled from the event. Registration in future events may be rejected if found to be using private support vehicles.

Photography

46.   The Rider acknowledges and agrees that he/she may be photographed or filmed during the Ride and consents to 25000spins using the Rider’s picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by 25000spins

47.   The parent/Guardian acknowledges and agrees that their Under Age Child may be photographed or filmed during the Ride and consents to 25000spins using the Rider’s picture and likeness contained in any photographs or film for publicising the Ride and for promoting any future ride or event to be staged by 25000spins.

Privacy

48.   25000spins collects, uses, discloses and otherwise handles the Rider’s personal information in accordance with the terms of its Privacy Policy Statement. All information remains the property of 25000spins.

49.   The Rider consents to their details being shared with our partners including the following: a) Our charity partners: for online fundraising registration; b) Our event photographer and videographer; c) Our communication team.

Medical Treatment

50.   It is a condition of joining an Event that in cases of emergency the 25000spins representative has your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

51.   You are responsible to pay for your personal equipment, tips, Airport Taxes, government imposed fees and the costs of visas, vaccinations, additional food and drink, personal spending money, transport to and from the airport of departure, travel insurance and any other activities not included in the itinerary. Clients taking their own equipment on tour are responsible for any charges for transportation levied by the transport provider including excess baggage.

Fundraising

52.   You agree that you will not use the Event to raise funds for any cause other than the charity named in your registration form. If you cancel, or you are required to withdraw from the Event, you will be required to send all sponsorship money collected or received, directly to the Charity.

53.   The Participant agrees to raise the money using legal methods and complying with the advice given in the Charity’s fundraising pack.

54.   Comply with all guidelines concerning use of the Charity logo and any other promotional materials/ tools.

55.   Do nothing that will bring 25000spins, the event or the Charity into disrepute.

56.   Not use the Charity name or logo for any purpose without written permission after the termination date of this agreement.  

57.   A percentage of the money raised will be invoiced by 25000spins to the charity to cover the balance of the trips costs. 25000spins is a not for profit business. Our aim is to maximise the funds to the charity and ultimately to the field helping those less fortunate.  

58.   Inform all potential donors and sponsors that all donations are for the Charity (a registered charity);  

59.   Donations will not be refundable to me or transferrable to another event, even if I do not participate in, or complete, the event. 

60.   Pay all cash and at the earliest opportunity but in any event no later than 28 days after receipt, using the online fundraising page or direct to the charity.

61.   Where you raise over the minimum sponsorship required, I understand that donations raised and banked will be non-transferable to any future events.

Force Majeure

62.   25000spins is not responsible for changes which arise as a result of situations outside of our control such as technical or maintenance problems with means of transportation, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, war or threat of war, civil strife, industrial disputes, natural disasters, bad weather, bureaucratic obstacles or terrorist activity.

63.   Very rarely, 25000spins maybe forced by “Force Majeure” to change or terminate the event after departure but before the scheduled end of your time away. This is extremely unlike but if the situation does occur, 25000spins regret it will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

Travel Insurance

64.   In order to participate in a 25000spins Event, it is compulsory that you have adequate Travel Insurance. Clients together with their personal property including baggage are at all times solely at their own risk. Clients are wholly responsible for arranging their own insurance.

Assignment

65.   This Agreement and all the rights under it may be assigned or transferred by 25000spins.

Medical Form

66.   If you are over 65 years of age or if you have any medical condition that could be adversely affected by exercise, particularly a heart condition or asthma, you must provide 25000spins with a medical certificate from your doctor. By agreeing to the terms and conditions you are confirming that, to the best of your knowledge, your general state of health is good and that you take full responsibility for your health and personal wellbeing.

Other

67.   “25000spins” means Lingo Services UK Limited No. 06720746, ABN 15 534 704 258 and includes where appropriate 25000spins employees, volunteers, agents, contractors and officers.

68.  Participants may cancel their registration without penalty up until 6mths prior to the event.  Cancellations received less than 6mths before an event will incur a $350 administration fee to cover event & adminstration costs. All registrations are transferable to other participants as long as the person who takes up the position meets the minimum requirements for the event.

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (“Event Terms”) and which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise NZ Limited of Level 10, 21 Queen Street, CBD, Auckland 1010 (“GoFundraise”, “We”, “Us”). Our Australian address is Suite 508, 19A Boundary St, Rushcutters Bay, NSW 2011. The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (“Users”, “You”, “Your”) is governed by these Terms & Conditions (“Terms”). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
  2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that when You use the Platform, You remain in agreement with the then current Terms.

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Non-Profit Organisations (“NFPs”), Donee organisations and other users of the Platform facilities (“Other Clients”) (Other Clients and NFPs together and each a “Beneficiary”) with limited authority limited to the delivery of online services and consequential accounting, adequate to facilitate the collection, accounting and payment of funds raised. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User.
  2. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  3. Every Beneficiary listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  4. Despite clause 5, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use donation, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise charges the Beneficiary a service fee of between 0.75 - 5% + GST (depending on the plan of the Beneficiary or where the donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. After an introductory period following registration of the Beneficiary, there may be a per annum hosting and administration fee payable by the Beneficiary depending on their plan. Regular Giving payments are charged at 1.95% + GST to the Beneficiary. Direct donations to a Charity’s fundraising portal (located at www.gofundraise.co.nz/beneficiaries/search ) are charged at the amazingly low administration fee of 0.75% service fee + GST and processing cost. Other transactions are charged at the rate based on their plan.
  2. GoFundraise also recovers a credit card processing fees from the gross transaction amount. These fees are at the current market rate of 1.4% + $ 0.18 per transaction for Visa & MasterCard (GST exempt), 2.9% + $ 0.18 for American Express (GST exempt) and 2.9% for PayPal (GST exempt). The PayPal transaction fee is $ 0.50. These fees are subject to change. Any transaction consisting of more than one beneficiary may incur an additional $ 0.18 fee for credit cards or $ 0.50 for PayPal (per beneficiary).

  3. An example of the way this fee structure works for a direct donation to a Charities fundraising portal is as follows:

    Total Donation $ 30.00
    Administration fee of 0.75% $ 0.23
    GST on administration fee (15%) $ 0.03
    Credit card processing fee (1.4%) $ 0.42
    Credit card transaction fee $ 0.18
    Total fees $ 0.86
    Net amount to beneficiary $ 29.14
    GST amount claimed back via beneficiary $ 0.03
    TOTAL TO BENEFICIARY $ 29.18
  4. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit Card Payments

  1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 2.00 NZD.
  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

TicketSales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 18.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (“Personal Page”) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page in favour of a Beneficiary, the Beneficiary must be registered on the Website. The creation by a User of a Personal Page in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete a Personal Page at the request of a Beneficiary in the event that the Beneficiary gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page to be inappropriate or unnecessarily dangerous.

  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

  5. In addition, You must not use the Platform to:

    1. send junk email or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GF systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of a donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support@gofundraise.co.nz

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (“User IP”) is owned by the User or the User has the necessary rights and/or permissions to:

    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 28,

    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.

  2. You grant to GoFundraise a royalty free, worldwide, non-exclusive, transferable licence to use, copy, perform, modify and create derivative works of Your Content, in whole or part, for the purposes contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate Your use of the Platform if:

    1. We receive a serious complaint or a number of complaints (amounting to what we determine as a serious complaint) about You or Your conduct in using the Website
    2. You breach these Terms and Conditions, whether the breach is material or otherwise;
    3. We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. You must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform; or
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so.
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, You acknowledge and agree that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. Your use of the Platform;
    2. Your representations or activities on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. You indemnify and hold GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. Your use or misuse of the Platform;
    2. Content uploaded by You or other Users;
    3. Your breach by these Terms; or
    4. any liability arising in connection with the use of Your account.

Notices

  1. A person notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 38 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The servers on which the Platform is hosted are located in Australia. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions, without recourse to conflict of law principles, whether You log into the Platform from Australia, New Zealand or any other country.

Survival

  1. Clauses 15, 23, 24, 28, 33 and 40 and any other clauses which, on their proper construction are clearly intended to have continuing effect, survive termination or expiry of these Terms as between You and GoFundraise.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All transactions are in New Zealand Dollars.
  4. Terms & Conditions updated September 2020

 

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