Terms and Conditions

1. Acceptance of Terms and Conditions

1.1 These terms and conditions (“Terms”) are issued by Go Generosity Limited ('we", "us", "our", "GoGenerosity") are effective from 1 August 2020. They cover the terms of use of our website at www.gogenerosity.com ("the Site") and your use of the products and services we make available through the Site (“Services”), and form part of the contract between you and us. These Terms should be read in conjunction with our Privacy Policy.

1.2 Each time you access the Site or use our Services, you confirm that you have read and understood these Terms. We may amend these Terms from time to time in our sole discretion and we recommend that you check them on a regular basis to keep informed of any changes. We will provide notice on our Site about any changes to these Terms at least one month before they come into effect.

1.3 By accessing this Site and using our Services you are indicating your agreement to be bound by all of these Terms, including any amendments made to them from time to time. If you do not agree to these Terms you should leave the Site immediately and cease using our Services.

2. Our Services

2.1 The Services provided by GoGenerosity (may at GoGenerosity’s discretion) include the provision of an app and website that allows consumers to give their money to businesses so that those businesses can “pay-it-forward” through providing their goods, products and services to non-profits, and any other services advertised through our Site. We may alter our Services from time to time.

3. Donations/Sponsorship

3.1 We rely on the good faith of our business partners to meet any stated objectives advised on our Site and to comply with the Terms. When you make a pay-it-forward donation or sponsorship payment to GoGenerosity or one of our business partners you authorise GoGenerosity or our business partner to pass on the pay-it-forward donation/sponsorship (through the provision of goods, products and/or services) to a charity or non-profit who may be a beneficiary of such charity. We are not responsible for ensuring that our business partners use donations/sponsorship funds in any particular way and we cannot guarantee that pay-it-forward donations/sponsorship funds will be applied for a particular purpose.

3.2 All pay-it-forward donations or sponsorship payments to GoGenerosity or our business partners are non-refundable and non-transferable, unless we direct otherwise (which we will only do in exceptional circumstances).

3.3 We assume no responsibility to you for such transactions, except where we cannot limit or exclude our responsibility under law.

3.4 You acknowledge and agree that we may collect your “pay-it-forward” data transactions and payments on your behalf from third party merchants.

4. Business Partners

4.1 Signing Up: To sign up as a business partner with GoGenerosity simply fill out the relevant application(s) provided on our Site.

4.2 Identity Authentication:

(a) 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.

(b) You authorise GoGenerosity, directly or through third parties, to make any inquiries we consider necessary to verify your identity, including verifying your information against third party databases or through other sources. We may also ask you for further information, require you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, or require you to take steps to confirm ownership of your email address or financial instruments. We may also ask to see your drivers license or other identifying documents at any time. GoGenerosity reserves the right to close, suspend, or limit access to your GoGenerosity account and/or our Services in the event we are unable to obtain or verify this information.

4.3 Fees: Our fees are listed on our application forms and on our Site. You agree, so long as you remain a business partner, to pay all fees charged by us from time to time. We reserve the right to introduce new fees or change existing fees for your use of our Services by giving you at least one month's notice before any changes take effect.

4.4 Termination: You may terminate your membership as a business partner at any time by providing not less than one month’s notice to us. All fees will cease from the date of termination. Any unredeemed pay-it-forward donations (including customer pay-it-forward donations & or corporate pay-it-forward donations) must either be returned to GoGenerosity upon receipt of an invoice or passed on (through the provision of goods, products and/or services) to a charity or non-profit who may be a beneficiary of such charity.

4.5 Charity Partnership: As a business member, you must partner with a local and registered charity or non-profit, which is approved by GoGenerosity to receive donations/sponsorship payments, and must ensure that 100% of donations/sponsorship funds received through your membership with GoGenerosity are used to provide your goods, products and services to those in need via your charity partner or non-profit. It is your responsibility to ensure that donations/sponsorship funds are being correctly applied and we make no representation or warranty as to the suitability of any particular charity or non-profit to receive such donations/sponsorship funds. To be eligible for receiving donations directly from GoGenerosity you must first complete in full the customer onboarding process.

4.6 Benefits: While you remain a business partner you will have access to the following benefits:

(a) Use of our technology platforms including any apps, websites and partner integrations that we may make available from time to time and subject to these Terms.

(b) Access to the GoGenerosity “generosity made easy” framework.

(c) The right to use our branding in marketing, subjected to our intellectual property rights and terms to be provided to you upon becoming a business partner. We reserve the right to amend such terms from time to time and to revoke our consent to use of our branding if we feel, in our sole discretion, that our intellectual property rights are at risk.

(d) A marketing pack with guidance on use of our branding.

(e) Marketing support from us via our social and web channels.

(f) Access to a list of pre-approved charities.

(g) Organisation of the interaction with the charitable partner.

(h) Feedback from charities that show the positive impact on those in need.

(i) Pay-it-forward donations/sponsorship from GoGenerosity corporate partners where available and applicable.

5. Software

5.1 Where we provide you with any software:

(a) we remain the owner or licensee of the software;

(b) you may only use the software for your own internal business use and for the purposes for which we provide it;

(c) you must not change or interfere with the software in any way; and

(d) you must not copy any part of the software without our permission.

5.2 We may at any time provide upgraded or new versions of the software. As long as an upgraded or new version does not adversely affect any Service we provide to you, or your use of our Services, you must install the upgrade or new version as soon as you reasonably can and not later than six months after we provide it to you.

6. Suspension of Services

6.1 If you do not pay our fees or meet any responsibilities you have to us, we may suspend or restrict any Service provided to you at any time. We will always do our best to contact you before doing this.

7. Security

7.1 User name and password: Use of our technology platforms may require you to choose a sign-in user name and a password. Your password should not be something obvious, or easily guessed, such as birth dates or street numbers.

7.2 Security of user name and password: You are responsible for the safekeeping of your user name and password and must take all reasonable steps to prevent their disclosure to any other person. You must not, for example, disclose your user name and/or password to your family and friends, or to anyone who claims to have a right to this information, including our employees. Your user name and password should be committed to your memory, and under no circumstances should you keep a written or electronic record of your password.

7.3 Reliance on Password: You understand and agree that we are entitled to rely on the authenticity of your user name and password being supplied to access any service supplied by us, or to give us instructions on your behalf. Where the correct user name and password have been entered, we may act on any instructions given without further enquiry.

7.4 Changing your password or user name: There are secure processes provided by our technology platforms for you to change your username and/or password should you choose to do so.

8. Electronic Communications

8.1 We may communicate with you about your GoGenerosity account or our Services electronically. You consent to receive, and acknowledge and agree that you can receive, electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your GoGenerosity account and your use of our Services, through our application(s), to the email address you provided, or on our Site. You will be considered to have received a Communication from us, if it’s delivered electronically, at the time we post it to our Site or email it to you. You will be considered to have received a Communication from us, if it’s delivered by mail, three business days after we send it. If you do not agree to receive Communications electronically, you must stop using our Services.

8.2 Unless you’re communicating with us about a matter where we’ve specified another notice address, written notices to GoGenerosity must be sent by postal mail to:

PO BOX 14365 Tauranga, 3143

9. Use of Cookies

9.1 Our Site may use “cookies” which are small files that the Site places on your hard drive for identification purposes, these files are used for website registration and customisation the next time you visit the Site.

10. Data

10.1 You acknowledge that we may require access to Your Content (defined below) to exercise our rights and perform our obligations under these Terms. You must arrange all approvals that are necessary for us to lawfully access and process Your Content as described in these Terms and as otherwise referred to in our Privacy Policy.

10.2 You acknowledge and agree that:

(a) we may:

(i) use information about your use of the Site and Services to generate anonymised and aggregated statistical and analytical data (Analytical Data);

(ii) use Analytical Data for our internal research, marketing and product development purposes and to conduct statistical analysis and identify trends and insights; and

(iii) supply anonymised Analytical Data to third party research organisations;

(b) our rights under clause 10.2(a) will survive termination or expiry of these Terms; and

(c) title to, and all Intellectual Property rights in, Analytical Data is and remains our property.

11. Intellectual Property

11.1 GoGenerosity’s Intellectual Property:

(a) GoGenerosity owns, controls, and/or licenses the software, and all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on our Site, applications and other Services (which we refer to as “Content”), with the exception of content you input or upload into our Services, in the form inputted or uploaded by you and to which you are the sole registered owner (which we refer to as “Your Content”). Our Content includes the design, structure, selection, coordination, expression, presentation and arrangement of content. Our Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

(b) Any information, data, or other content which is generated in the course of use of the Services, other than Your Content in the form uploaded or inputted into the Services shall vest in and be owned by GoGenerosity in the same manner as our Content. To the extent such content contains any personally identifiable information, the terms of GoGenerosity’s Privacy Policy apply.

(c) All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us by you or any of your users (collectively, Feedback) shall be (and shall remain) owned by us. We will be free to use, without restriction and without compensation to you or any other person, any ideas, concepts, know-how, suggestions, or techniques contained in any Feedback for any purpose whatsoever, including, without limitation, for incorporation into information provided as part of or in connection with the Services.

(d) No aspect of our Content, including our Site and all applications, may be copied, imitated, reproduced, re-published, modified or altered, uploaded, posted, transmitted, or distributed without GoGenerosity’s prior signed written consent. Notwithstanding the foregoing, any materials available for downloading, access, or other use from our Site or any application that may have their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Any and all technology and any content created or derived from our Content is the exclusive property of GoGenerosity and its licensors.

(e) You may not publish or use any GoGenerosity brand, branding or logos except with GoGenerosity’s prior written consent.

11.2 Your Content, Licenses Granted from You to Us and Your Intellectual Property Warranties:

(a) If you post to your personal social media including Facebook, Twitter, LinkedIn or Instagram in relation to the Services, you hereby grant GoGenerosity the perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide, royalty-free, fully paid up right and license to use that material for marketing purposes without any obligation to compensate you for them.

(b) We always appreciate any feedback and suggestions about GoGenerosity and its Services, but you understand that we may use your feedback or suggestions on an unrestricted basis without any obligation to compensate you for them (just as you have no obligation to offer them).

(c) GoGenerosity does not claim ownership of Your Content. Subject to the next paragraph, when you provide, upload, submit or send Your Content to GoGenerosity or post Your Content using our Services, you grant GoGenerosity (and parties that we work with) a perpetual, non-exclusive, irrevocable, royalty-free, fully paid up, transferable, sub-licensable, worldwide license to use Your Content and associated intellectual property and publicity rights to help us improve, operate and promote our current Services and develop new ones. GoGenerosity will not compensate you for any of Your Content. You acknowledge that GoGenerosity’s use of Your Content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against GoGenerosity.

12. Liability and Exclusions

12.1 You expressly understand and agree that:

(a) Your use of the Site and our Services is at your sole risk. To the maximum extent permitted by law, GoGenerosity disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) GoGenerosity will make all reasonable efforts to ensure that the Services, and our Site will be properly provided to you. However, we do not guarantee that the Services provided will be uninterrupted, timely, secure or error free.

(c) GoGenerosity does not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the Services or any other information available on this Site for any purpose. The Site and Services are provided on an "as is" and "as available" basis.

(d) GoGenerosity does not warrant that this Site or the Services will be free of infection by viruses, worms, trojan horses or anything else containing destructive properties.

(e) No advice or information that is obtained by you from the Site or GoGenerosity or anyone else shall create any warranty by GoGenerosity that is not expressly stated in these Terms.

(f) To the extent permitted by law, in no event shall we be liable for any loss sustained by you arising out of or in connection with the use or performance of this Site by you or others or the supply of the Services by us, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages and consequential and incidental loss, whether at law or in tort or otherwise.

12.2 Indemnity: You agree to indemnify GoGenerosity and its employees, agents and representatives and to hold them harmless from any and all claims and liabilities (including fees) which may arise from your breach of these Terms, our Privacy Policy, or your use of the Site.

12.3 Our Expenses: Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.

13. Complaints or Problems with a Service

13.1 If you let us know about a problem with our Services, we'll do our best to fix it as soon as possible.

13.2 You agree to advise us of any complaints relating to the Site by emailing [hello@gogenerosity.com] in the first instance. We will endeavour to resolve complaints directly, as soon as practicable.

14. Other Terms

14.1 Third Party Services and Sites: We may provide some of the Services through third party service providers (including via links to other websites) over which we have no control. We are not responsible for any third party services or the contents of any website linked to the Site. Responsibility for third party services and the content of advertisements appearing on the Site (including hyperlinks to advertisers' own websites) rests solely with the provider of such services or advertisements. The fact that we may make third party services available to you, or that third party advertisements may appear on the Site, does not constitute GoGenerosity’s recommendation or endorsement of those services. Each third party service provider is solely responsible for any representation made in connection with its services. Where you use such third party services, you acknowledge that we may receive a commission or fee from the relevant service provider for referring you to those services.

14.2 Consumer Guarantees Act: Please note that this Act may provide you with certain statutory rights and remedies in relation to consumer goods and services. However, if you are using our Site or Services for the purpose of a business, you agree that the Consumer Guarantees Act 1993 shall not apply.

14.3 Governing Jurisdiction: This agreement is governed by the laws in force in New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New Zealand. We make no representation that materials on this Site are appropriate or available for use in locations outside New Zealand and do not authorise access to them from jurisdictions where their contents might be illegal or prohibited under the laws of such jurisdictions.

14.4 Severability: In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force as though they had been entered into without the unenforceable provision being included.

14.5 Waiver: If either of us fail or are slow to enforce any rights or power we have under these Terms, it won’t mean we’re waiving those rights or power. And if either of us do decide to waive any breach of the Terms, it won’t mean we’re waiving any other or subsequent breaches.

14.6 Privacy Policy: We are committed to protecting your privacy. We recognise that your personal information is confidential and we understand that it is important for you to know how we treat your personal information. Please read our Privacy Policy for more information.

14.7 Consumer Fraud Warning: We’re always looking for ways to help keep you even more secure. Here’s some tips to help you avoid fraud:

(a) Know who you’re dealing with. Fraudsters often impersonate someone you know and trust.

(b) Guard your personal information. Fraudsters may pretend to be from companies that you do business with and may call or email you claiming to need to verify your personal information.

(c) Stay safe online. Don’t send sensitive information such as credit card numbers through email because it’s not secure.

(d) Be cautious of unsolicited emails. Many fraudsters impersonate companies or charities. Don’t respond to senders that you don’t know.

(e) Resist pressure. Legitimate businesses and charities will not pressure to make a decision nor threaten you with consequences for not responding immediately.

(f) Don’t believe promises of easy money. If it’s too good to be true, it probably is.

(g) Check your credit reports regularly.

(h) Always use common sense when sending money. Only send money for yourself and not for others.