Date of Last Revision: 24 October 2017
Givealittle is an online fundraising service that is owned and operated by the Spark Foundation, the charitable foundation of Spark New Zealand Trading Limited.
The service exists to facilitate online donations from members of the public wishing to donate money to a cause (“Donors”) to members of the public who have set up a Givealittle Page for the purposes of fundraising for such causes (“Fundraising Members”).
These Terms apply to every Donor, Fundraising Member, Fundraising Beneficiary and Verified Payee. By using Givealittle and setting up a Givealittle Page, Fundraising Members and/or Fundraising Beneficiaries and/or Verified Payees accept these Terms and authorise Spark Foundation to collect and receipt donations from Donors on their behalf. By donating money through Givealittle every Donor accepts these Terms authorising the Spark Foundation to deduct the value of donation and pass on these amounts in full to a Verified Payee on their behalf.
The Terms may be updated from time to time without notice. It is the Users responsibility to check these Terms for updates and changes whenever they access Givealittle. If at any time you do not agree to these Terms and Conditions, please refrain from using Givealittle. If you continue to use Givealittle after any changes are made to the Terms then you will be deemed to have agreed to those changes.
Givealittle Service Fees
From 1 September 2016 a fee of 5% (inclusive of GST) will be levied on the gross Main Donations raised by the Fundraising Member via the Givealittle website ("Service Fee").
The Service Fee will be automatically deducted from the Main Donations being paid to the Verified Payees.
Service Fees are not levied on Top-Up Donations.
Donors are able to donate to a Fundraising Member either by making a direct donation, a conditional pledge or a planned donation.
Donors can choose to make an immediate, unconditional donation using a valid credit card, a valid Givealittle Voucher or a positive funds balance in a My Givealittle Account. Donations are immediate, non-refundable, non-transferrable and non-disputable. The minimum donation amount is $1.
Donors are able to conditionally donate via a pledge to a Fundraising Member who has a Givealittle Page for a Project. A pledge is conditional until such time as the minimum donation target is achieved at which point the pledge will immediately become an unconditional donation. The minimum pledge amount is $1.
A Donor can cancel their pledge on request at any time before the pledge becomes an unconditional donation by contacting email@example.com. Unconditional donations are non-refundable, non-transferrable and non-disputable.
Credit card is the only method of payment available for making a pledge.
Upon making a pledge, a Donor agrees to Givealittle pre-authorising a credit card transaction in order to draw down the value of the Pledge when the Project reaches its minimum Donation target.
In the event that the Project does not reach its minimum donation target, the Donor’s card will not be charged.
If a charge for a pledge is unsuccessful on the first attempt, the Donor authorises Givealittle to attempt to charge the card for a further 7 days before we must advise the Fundraising Member that the Donor’s pledge has been cancelled.
Donors that have registered and have a My Givealittle Account can create a Plan via recurring credit card payment or payroll giving. Any donation made via a Plan must be a minimum value of $1.
Once processed, all donations made via a Plan are immediate, non-refundable, non-transferable and non-disputable.
Givealittle is not authorised to share information regarding a Donor’s planned donation activity without their express consent. This extends to discussing a Donor’s Plan with their employer or Fundraising Members that benefit from donations made via a Plan.
Recurring Credit Card Payment Plan:
A Plan may be funded by recurring credit card payment. Funds are drawn from the credit card that has been nominated by the Donor and are processed on the date and frequency selected by the Donor at the time of creating the Plan.
The credit card used to fund a Plan has a $1 authorisation hold made to it by Givealittle's merchant bank at the time that that card is nominated by the User for their Plan. The success of this allows Givealittle to regularly charge this card in the future for the purpose of funding the User's Plan. The $1 authorisation charge is held by the User's issuing bank, and released as available funds to the User as per their terms. When funds are drawn from the credit card they are first applied to the balance in the Donor's My Givealittle Account.
Where a Plan is funded by credit card the Donor may schedule donations from their My Givealittle Account to any moderated and donor validated Givealittle page(s).
In the event of insufficient funds in the donor’s authorised credit card for the Plan, the respective Plan will process all donations in list order to the extent of available funds. Incomplete donations will not carry over until the next Plan Installment Date.
A Donor may hold multiple recurring credit card payment Plans and assign different credit cards to each Plan.
Payroll Giving Payment Plan:
A Plan may also be funded by payroll giving donations. The Donor's payroll giving balance will be credited by Givealittle on it receiving the funds from the donor's employer via electronic bank transfer. Payroll giving donations are then made from the Donor's payroll giving balance in their My Givealittle Account.
Givealittle will not be liable for any incorrect electronic bank transfer payments made by the Donor's employer as a result of an incorrect reference number and/or bank account details.
Givealittle is not authorised to liaise with an employer regarding the funding of a Plan on behalf of a Donor.
Where a Plan is funded by payroll giving donations the Donor may only schedule donations to moderated and donor validated Givealittle pages that have Donee Tax Status.
Payroll giving donations will be processed on the date selected by the Donor at the time of creating the Plan provided that there are sufficient funds in the Donor’s payroll giving balance in their My Givealittle Account.
In the event of there being insufficient funds in the payroll giving balance of the Donor's My Givealittle Account, the Plan will process all donations in list order to the extent funds are available. In the event that funds are left over - either because they are insufficient for a Plan donation, because excess funds have been credited, or there are no valid Donations to process - the excess will be added to the balance of the Donor’s My Givealittle Payroll Giving Account. This balance can then be used to fund ad-hoc donations to pages that meet the criteria described above (i.e. moderated, donor validated, Donee Tax Status).
A donor may only hold one payroll giving Plan at any time.
Using Credit Cards
Where there has been an unauthorized use of a Donor's credit card to make a donation, and it is proven, then that donation will be refunded by the Spark Foundation to the Donor’s credit card from donations held on trust for the Fundraising Member or Fundraising Beneficiary. If the donation has already been paid to the Fundraising Beneficiary, the Fundraising Member or Fundraising Beneficiary (as the case may be) agrees to refund the unauthorized donation it has received to the Spark Foundation to enable this obligation to be met.
Other Sources of Donations
My Givealittle Account
Spark Foundation holds the value of all User funds for future donations on trust for the Donor.
A Donor can credit their My Givealittle Account via payroll giving deductions (facilitated by their employer), account to account payments, credit card payments, or from Vouchers.
The credit balance in a Donor’s My Givealittle Account must be applied or transferred to a Verified Payee. Spark Foundation will not refund any credit balance in a Donor’s My Givealittle Account other than in exceptional circumstances at Spark Foundation’s sole discretion.
Any payroll giving credit in a Donor’s balance of their My Givealittle Account must be used within 12 months of the date of receipt of the credit from their employer. Any My Givealittle Account credit balances that are inactive for 12 months or more are surrendered to the Spark Foundation to be applied at its sole discretion.
The Spark Foundation may, at its discretion, choose to Verify a Donor based on either the credit balance of their My Givealittle Account at any one time, and / or the total volume of donations made through their My Givealittle Account over any 12 month period, and / or to facilitate special payments to a Fundraiser
Spark Foundation reserves the right to refund donations back to the Donor’s employer in the case of a payroll giving donation or back to the Donor if Donor Verification is unable to be completed to the satisfaction of the Spark Foundation.
Spark Foundation holds the value of active Voucher codes on trust. The value of a pre-paid Voucher code is surrendered to the Spark Foundation to be applied at its discretion when the voucher expires.
On making a donation or a pledge a Donor is able to opt-in to make a discretionary Top-up Donation to the Fundraising Beneficiary or Verified Payee to cover or help offset the Service Fees that will be applied to all funds raised.
Where the total of Top-up Donations given to the Fundraiser is greater than the Service Fee to be charged to the Fundraiser, then the additional amount will be added to the net amount raised by the Fundraising Member and will be paid to the Fundraising Beneficiary or Verified Payee.
For the avoidance of doubt the Top-up Donation does not incur a Service Fee. Top-up Donations are immediate, non-refundable, non-transferrable and non-disputable.
Top-up Donations are automatically used to offset Service Fees. For the avoidance of doubt the maximum Top-up Donation is ten (10) percent of the amount of the Main Donation.
Receipts & Refunds
Donors are automatically emailed a receipt for every Donation on Givealittle, with the exception of donations funded by payroll giving, where a Payroll Giving Notice is issued.
There are two types of receipts generated from the Givealittle system – a donation tax receipt and a standard receipt.
Where a donation of $5 or greater amount is made to a Verified Payee with Donee Tax Status, a donation tax receipt is issued in the name of the Spark Foundation which is itself a charitable organisation with Donee Tax Status. A donation tax receipt can be used to claim a donation tax credit with the Inland Revenue Department.
Where the donation is made to a Verified Payee without Donee Tax Status, a receipt is issued in the name of the Verified Payee.
When a Donor donates on Givealittle, the Donation is automatically attributed to the intended Fundraising Beneficiary selected by the Donor and the Fundraising Member is notified.
Donations to a Givealittle Page are unconditional and non-refundable unless the Fundraising Member gives consent. This is regardless of whether or not the donation has been paid from the Spark Foundation to the Verified Payee.
In the event that Spark Foundation is holding funds that have been raised for a stated purpose or intention and it is proved that this purpose or intention has been misrepresented or is untrue then the Spark Foundation reserves the right to refund donations to Donors.
Spark Foundation is not responsible for ensuring that the Fundraising Member, Fundraising Beneficiary or Verified Payee uses donations in any particular way. We cannot guarantee that donations will be applied for a particular purpose, however we rely on the good faith of all Users to meet any stated objectives advertised on their Givealittle Page.
If a Donor is dissatisfied with a User’s application of any donation made through Givealittle (or websites powered by Givealittle) then the Donor should raise the dissatisfaction directly with the User or make use of any forums on Givealittle such as the Q&A feature or “Report This” tool, and/or contact Givealittle directly via the Helpdesk.
Donations in trust will only be paid by Spark Foundation to Verified Payees.
Each Fundraising Member creating a Givealittle page must specify a Fundraising Beneficiary that will also be the Verified Payee of funds raised, or, where suitable, in addition to the Fundraising Beneficiary, nominate a third party to register with Givealittle as the Verified Payee.
The Fundraising Beneficiary and Verified Payee will publicly displayed on the relevant Givealittle Page.
Donations are aggregated per Verified Payee. The Service Fee and Top-up Donations are calculated, and net funds raised are batched and paid to the nominated New Zealand bank account between the 20th and 25th day of the month following.
Pledges that convert to unconditional donations will be paid to the Verified Payee within seven days of the minimum donation target being reached. Any pledges that do not convert on the first attempt will be paid in the monthly payment cycle together with any funds which are donated after the Project has reached its minimum donation target.
Once the User is a Verified Payee, one-off payments can be facilitated in special circumstances at the complete discretion of the Spark Foundation to support emergency situations, special needs and projects or events that fall ahead of the next scheduled monthly batch payment. To request a one-off payment please email firstname.lastname@example.org and provide details on your special circumstances.
All payments to fundraisers where a Service Fee has been deducted will be accompanied by an account statement and invoice, detailing the Main Donations, the Service Fee deducted from the Main Donations, and the Top-up Donations.
As a potential outcome of the internal investigation process, Givealittle reserves the right to require an independent trustee or change in Verified Payee as a condition for payment. Givealittle may also require that any funds be paid to direct creditors of the Fundraising Beneficiary.
In the event that Spark Foundation is holding funds raised for a closed Givealittle page for longer than 12 months where no payee has been Verified, the Spark Foundation reserves the right to refund donations to Donors and, where a refund is not possible in Spark’s sole discretion, use the funds to maintain the Givealittle service.
Any interest earned on monies held on trust for a Verified Payee shall be retained by the Spark Foundation and will be used to maintain the Givealittle service.
Becoming a Registered User
You can become a registered Givealittle User for free provided you complete the registration process and meet the following criteria:
(a) you are at least 18 years old; and
(b) in all other respects you can form a legally binding contract that is enforceable against you.
If you complete the registration process you confirm to Spark Foundation that you can form a legally enforceable contract. All entity types and individuals can register as a User.
A registered User confirms that the information provided is true and accurate.
Where that information is no longer current the User agrees to promptly update the information (including details of Registered Charitable Status and Donee Tax Status for applicable Non-Profit Organisations).
When a User registers, Spark Foundation or a representative may contact the User to verify any information supplied.
A User must only register once, and must not register under multiple user names or characters (whether make believe or not) unless otherwise approved by Spark Foundation (in its sole discretion).
All Users may create a Givealittle Page:
(a) for any unspecified purpose on behalf of an organisation (organisation page)
(b) for a specific purpose requiring flexible funding on behalf of themselves as either an organisation, group or individual user or to the benefit of another unregistered individual (cause page)
(c) for an activity or pursuit conditional on fixed funding (project page)
(d) to the benefit of another organisation or cause (fundraiser page)
(e) in association with an organised public participation fundraising event or appeal (event page)
A User must ensure that the Content uploaded to a Givealittle Page does not infringe the intellectual property rights of any third party (including copyright). Where it does, the User must obtain the owner's written consent to the use of it. We reserve the right to remove any Content from any Givealittle Page, at our sole discretion and without notice if any intellectual property rights are contested. If you suspect a breach of any intellectual property right on the Website, please email us at email@example.com.
Only Users who operate on a not-for-profit basis (whether holding a Registered Charitable Status or not) can create a Givealittle page for untagged donations. You may only register as a User representing an organisation if you can form a legally binding contract that is enforceable against you.
Where a User has Registered Charitable Status, Non-Profit Organisation must provide satisfactory evidence of that Registered Charitable Status. Where the User has Donee Tax Status, the Non-Profit Organisation must, on request, provide satisfactory evidence of its Donee Tax Status. Whether or not the evidence supplied is satisfactory is solely at the discretion of Spark Foundation.
Where a User creates a Givealittle Page to raise funds for an entity or individual other than themselves they must nominate a Fundraising Beneficiary which will be displayed publicly on the Givealittle Page.
Where a User creates a Project page on Givealittle the User agrees to fundraising being conditional on reaching the target. The User agrees that this target cannot be changed after the page has been moderated. The User also acknowledges that because of the nature of the pledge process, it is not guaranteed that all conditional pledges will convert to unconditional donations due to circumstances outside of the control of Spark Foundation and that, to the maximum extent permitted by law, Spark Foundation and Spark New Zealand Trading Limited are not liable to the Users in the event that funds raised are lower than the minimum target set by the Project.
The creation of a Givealittle Page by a User to raise funds for one or more Fundraising Beneficiaries in no way implies the endorsement of Spark Foundation, Spark New Zealand Trading Limited or the ultimate beneficiaries to the fundraising activity. It is important to note that a Fundraising Beneficiary may disapprove of and may not wish to be associated with or involved in, dangerous or inappropriate fundraising activities or unusual challenges by other Users. It is the User's responsibility to check with the Fundraising Beneficiary first that the chosen activity does not contravene their specific policies or expectations.
Spark Foundation reserves the right, and without notice, to cancel a Givealittle Page at the request of the Fundraising Beneficiary (in their absolute discretion) who deems a fundraising activity inappropriate or unnecessarily dangerous in pursuit of donations.
Passwords & Security
All Users are responsible for keeping personal login information safe, private and secure at all times. This means:
(a) not allowing any other person to use their login information or hold themselves out as the User;
(b) not disclosing, or allowing a copy to be discovered of the login information of the User.
Spark Foundation may lock or restrict certain User data or information from being edited after first entry, post-moderation or verification for security purposes, such as nominated bank account information.
We reserve the right to reject any User registration, Givealittle Page creation, or terminate a registered User without cause or any obligation to discuss the matter with that User.
Without limiting this absolute freedom, we may terminate a User if:
(a) a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its conduct in using the Website;
(b) if the User breaches these Terms;
(c) if you attempt to log in as another User other than at the express and constant direction of that User (where the registered User is not capable of logging in due to a disability); or
(d) if we deem the User's behaviour to be unacceptable (as solely determined by Spark Foundation).
(e) if we consider that the fundraising activity is detrimental or could cause distress or harm to any individual or organisation whom the public may reasonably assume is both consenting to and/or benefitting from the fundraising activity whether or not they are named as the Fundraising Beneficiary or Verified Payee.
Users registered more than once without our express consent may have all of their Givealittle registrations cancelled.
Withheld Approval or Suspension of Services
We may, at any time and without notice, withhold approval as part of the moderation process or suspend a User's access or use to part or all of the Givealittle service:
(a) if a User creates Content which is, or is suspected to be in breach of the Terms and the Givealittle Code of Conduct (at the sole discretion of the Spark Foundation);
(b) for such time as is necessary for any system maintenance determined by us to be necessary from time to time and, where possible, after giving the User as much advance notice as is reasonably practical in the circumstances;
(c) to reduce or prevent interference with our systems or the Givealittle service;
(d) if required to do so, as a result of a direction from any government, law enforcement or other authority;
(e) if a User is in breach of these Terms; or
(f) if we consider that the fundraising activity is detrimental or could cause distress or harm to any individual or organisation whom the public may reasonably assume is both consenting to and/or benefitting from the fundraising activity whether or not they are named as the Fundraising Beneficiary or Verified Payee
The obligations of a User under these Terms shall continue to apply through any suspension. No liability shall attract to Spark Foundation or Spark New Zealand Trading Limited as a result of any suspension under this section.
Code of Conduct
The integrity of the Givealittle service is dependent upon all Users conducting themselves in a responsible and legal manner. Spark Foundation operates a moderation, approval and verification process in a best effort to ensure all Users and Content complies with standards required for a healthy public giving community.
Breaches requiring immediate remedy or invoking termination include (but are not limited to):
(a) An attempt to use the Givealittle service to raise funds for activities or intentions which are directly or indirectly illegal according to New Zealand law;
(b) Misrepresentation of identify or affiliation with any other person or organisation;
(c) Using Givealittle to send junk email or "spam" to people contrary to the Unsolicited Electronic Messages Act 2007;
(d) Using Givealittle to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like;
(e) Using Givealittle to facilitate product or event ticket sales where the Verified Payee has Donee Tax Status; and
(f) Interfering with, or disrupting, the Givealittle service or services or networks connected with Givealittle, or introducing any computer virus (including any bug, worm, Trojan, robot, spider, scraper, or other automated virus) which may be harmful to our system.
The User covenants in respect of any Content uploaded on the Website that it does not:
(a) Infringe any intellectual property rights of any third party;
(b) Detrimentally affect the brand or reputation of Givealittle, the Spark Foundation, Spark New Zealand Trading Limited, any other User or any affiliates or partners of Spark Foundation;
(c) Mislead as to the nature, type, service, intentions or benefits resulting from donations to the Content;
(d) Contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out-of-date information;
(e) Encourage, counsel, incite or suggest any criminal or unlawful acts;
(f) Prey on individual groups by virtue of their circumstances;
(g) Contain vulgar and/or suggestive languages or images, or innuendo or slang of a sexual, immoral, racial or violent nature; or
(h) Promote or provide inflammatory or demeaning opinions of an individual or group.
Spark Foundation actively moderates Givealittle Pages and activity by Users to maintain a high standard of user-generated Content and ultimately reserves the right to remove or edit any Content posted on Givealittle at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms. If a User notices any such content, please email us at firstname.lastname@example.org.
We expect Users to take responsibility in using the internet and the Givealittle service with courtesy and responsibility, and be familiar with, and practice good etiquette (as deemed by Spark Foundation). Any breach of the Code of Conduct policy is deemed a breach of these Terms.
We collect personal information about Users when they use Givealittle. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the Content viewed.
The User agrees to allow Spark Foundation or Spark New Zealand Trading Limited the right to use any personal information collected in pursuit of the Spark Foundation achieving its goals and to provide better services to Users.
The User agrees that previous donation or fundraising history (as the case may be) can be published online (at the discretion of Spark Foundation). We shall not detail amounts donated by any particular Donor unless that User has otherwise given their express consent via their donation settings and My Givealittle privacy settings.
Spark Foundation and Spark New Zealand Trading Limited will not sell or knowingly allow third parties to access the personal information of a User without the consent of the User. Despite this, Spark Foundation reserves the right to release other personal information where we believe (acting on honest belief) release is required to:
(a) Comply with the law (either at the direction of a court or by a person exercising some statutory authority);
(b) Enforce these Terms or assist a person for whom these Terms are deemed to benefit;
(c) Protect any intellectual property rights of Spark Foundation, the Users or other third parties; or
(d) Meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of Spark Foundation disclosure is desirable to maintain the integrity of the Givealittle service and/or its Website e.g. enquiries from international authorities in respect of anti-money laundering activities.
In the instance of release under (d) Spark Foundation will advise a User if information has been released (but not necessarily the details of the information released) provided that such disclosure will not attract any liability to Spark Foundation.
Donor Trust & Confidence
Undertaking the verification process is a mandatory process for all Fundraising Beneficiaries and other nominated payees. The verification process ensures that all donations are paid to a verified bank account of the Fundraising Member’s intended Fundraising Beneficiary or nominated Verified Payee, and that these entities have been publicly disclosed as the recipient of donations or facilitator of funds raised on behalf of a recipient.
It is important to note that not all Fundraising Members and Fundraising Beneficiaries on Givealittle are registered New Zealand charities under the Charities Act. We endeavour, through the verification process, to identify whether the Verified Payee has:
(a) Registered Charitable Status; and/ or
(b) Donee Tax Status
Givealittle provides Donors with a Donor Confidence Key on all Givealittle Pages where donate or pledge functionality is enabled. This key provides Donors with important information collected by the Givealittle to support informed, independent donation decision-making by all Users.
All reasonable efforts will be taken to ensure that information is accurate when moderated, approved, verified and displayed in the Donor Confidence Key, however no liability shall attach to the Spark Foundation in the event of mistake or error in the moderation, approval or verification process.
Taxation and Accounting Matters
It is important to note that the Spark Foundation is not an accounting, taxation or financial adviser for donations, and Users should not rely on any information given on Givealittle to determine the accounting, tax or financial consequences of making a donation or using Givealittle to fundraise.
We strongly recommend that all Users consult with their own adviser(s) about any accounting, taxation or financial consequences. This is particularly important if:
(a) a Donor requires a tax credit for their donation, in which case the Donor is responsible for verifying the donee status of the Verified Payee;
(b) a Fundraising Member is establishing a Givealittle Page for their own cause, in which case the Fundraising Member is responsible for any tax associated with any donations (and indemnifies Spark Foundation from any liability in this regard)
(c) a Fundraising Beneficiary and/or Verified Payee is required to account for or audit all donations raised by third party entities.
Spark Foundation (and any person who it licenses from, as applicable) owns all Intellectual Property Rights. A User must not:
(a) assert any ownership or rights in respect of the Intellectual Property Rights;
(b) must not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly (by allowing anyone else to do so);
(c) exploit, sell or generate profit from the Intellectual Property Rights.
Any content on Givealittle owned by Spark Foundation, Fundraising Members, Fundraising Beneficiaries or any other providers approved by us, is protected by the applicable intellectual property and proprietary rights and laws. No use of Givealittle Content is permitted without the express prior consent of Spark Foundation, and where applicable, the intellectual property right holder. Enquiries and permission requests may be sent to email@example.com.
The User warrants that all Content uploaded or shared by him/her/it, either from their own computer or another website/server, are either created or owned by the User, or the User has the necessary licenses, rights and permissions to use the Content.
The User acknowledges and agrees that upon receipt and notice of any claim under this section, Spark Foundation may immediately remove any content from Givealittle without liability. Any claims of any complaining party shall be referred onto the User for their attention.
We will utilise our reasonable efforts to maintain an acceptable performance of the Givealittle service and our support of Users, however we do not guarantee continuous operation of the Website, our support services or integrity of the data stored or transmitted via Givealittle, Internet or any services. This warranty replaces all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).
Limitation of Liability
Spark Foundation and Spark New Zealand Trading Limited are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of the Website and our services whether foreseeable or not. Termination of the User's contractual relationship with Spark Foundation shall be the sole and exclusive remedy for any and all damages or injuries suffered by a User.
Despite any other provision in these Terms, if we are determined liable to a User for losses, our liability is limited to a maximum amount equal to funds donated by the User or received to the benefit of the User.
The User indemnifies and holds Spark Foundation, Spark New Zealand Trading Limited, its subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
(a) the User’s use or misuse of Givealittle;
(b) the Content uploaded by the User;
(c) the violation of laws, rules, regulations or terms in these Terms;
(d) any activities arising out of the use of a User's Givealittle account; or
(e) infringement by any Content uploaded by the User (or somebody using the User's account) of any intellectual property or any other right of any person or entity.
Spark Foundation reserves the right, at its own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by the User, in which event the User agrees to cooperate with Spark Foundation in asserting any available defences.
These Terms are governed by the laws of New Zealand. The User submits to the non-exclusive jurisdiction of the Courts of New Zealand.
A User will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms, ("Dispute"), unless the User has first complied with this section.
Where any Dispute arises, a representative of the User and Spark Foundation will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.
If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.
Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
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.
No representation made by us, Spark New Zealand Trading Limited, our suppliers, our marketers, agents, employees or any other person so authorised by us shall be binding upon Spark Foundation if:
(a) made before the existence of the registration of the User and not included in these Terms; or
(b) subsequent to the date of registration of the User and not in writing.
Where any provision is expressed as being for the benefit of a party who is not a party to these Terms then that provision is made for the benefit of that third party for the purposes of the Contracts (Privity) Act 1982.
Notices under these Terms shall be in writing and shall be deemed given when delivered:
(a) Personally – when they are received;
(b) By email – upon confirmation of receipt;
(c) By overnight mail or conventional mail – two business days after sending.
In these Terms, unless the context otherwise requires:
"Charities Act" means the Charities Act 2005.
"Content" means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality provided by the User.
"Donee Tax Status" means registered donee status under the Tax Legislation for a Non Profit Organisation which allows a donee to claim a Tax Credit.
"Donor" means a User who makes payments on a Givealittle Page to a Fundraising Beneficiary or Verified Payee.
"Donor Confidence Key" means User-supplied information that supports donor decision-making.
"Donor Verification" means customer due diligence required for Users who exceed donation activity or donation value thresholds within a given time period.
"Fundraising Member" means a User who registers with Givealittle to create a page to raise funds from Donors.
“Fundraising Beneficiary” means a User or other named entity to whom funds raised are applied or who may benefit indirectly from funds raised.
"Givealittle", "Givealittle service", "we", "us" and "our" means Spark Foundation.
"Givealittle Page" means a Content generated by a User for fundraising purposes, specifically profile, cause, champion and event page types.
"Intellectual Property Rights" means all trademarks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, Content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same in respect of the Website, any software developed by us and applied in the Website, and any underlying materials contained on the Website.
"Main Donation" means a donation given by a Donor to a Fundraising Beneficiary, of which the total sum will have the Service Fee applied.
"My Givealittle Account" means a total virtual balance maintained by Spark Foundation for Users to record any funds raised, any donations made or a balance of funds) available for that User to donate.
"Non-Profit Organisation" means any not-for-profit organisation which may or may not have Registered Charitable Status and/or Donee Tax Status.
“Payroll Giving Notice” means a notice issued by the Spark Foundation confirming that a payroll giving donation has processed sucessfully.
“Plan” means a schedule of future donation intentions that reoccur at a certain frequency subject to available funds in a Donor’s My Givealittle Account.
“Plan Instalment Date(s)” means the dates, selected by the Donor when creating the relevant Plan, on which funds are charged to the Donors authorised credit card and applied to a Givealittle Page.
"Project" means a specific fundraising project with a minimum donation target.
"Registered Charitable Status" means a registered charity under the Charities Act.
"Service Fee" means the 5% fee (inclusive of GST) which is levied on all funds raised (excluding the Top-Up Donation) by the Fundraising Member via the Givealittle website.
"Taxation Authority" means the Inland Revenue Department or any other governmental body administering Donee Tax Status.
"Tax Credit" means any donation rebate allowable to a Member under Tax Legislation for making a donation to an organization with Donee Tax Status.
"Tax Legislation" means all applicable tax laws in New Zealand from time to time.
"Top Up Donation" means an optional, supplementary donation given by a Donor to a Fundraising Beneficiary or Verified Payee in order to cover part or all of the Service Fee.
"Verified" means a status applied to Users which indicates that Spark Foundation has undergone the following checking process on that User:
If the User is a Non-Profit Organisation,
- Verified its name and registered number matches the details contained on the Charities Register website (www.charities.govt.nz);
- Checked with the Tax Authority whether the Non-Profit Organisation has Donee Tax Status; and
- Obtained a copy (by PDF scan) of a bank deposit slip or other evidence, satisfactory to the Spark Foundation, showing bank account details that match the name of the Non-Profit Organisation, and the person representing the Non-Profit Organisation must present the information required for an Individual.
If the User is an Individual,
- Verified by obtaining Certified Documents including:
- certified PDF scan of a drivers license, passport that matches the identity of the payee nominated by the Fundraising Member;
- certified PDF scan of a bank statement or credit card statement issued by a registered bank within the last 12 months addressed to the individual and showing the name and address of the individual; (or)
- Verified by Electronic Verification; (and)
- For both (a) and (b) above a PDF scan or photo of a bank deposit slip or other evidence, satisfactory to the Spark Foundation, showing bank account details that match the name of the Verified Payee
"Verified Payee" means a User who registers with Givealittle as a Fundraising Beneficiary who is the direct recipient of funds raised or as the nominated recipient on behalf of the Fundraising Beneficiary, and is Verified.
"User" means a Donor, Fundraising Member, Fundraising Beneficiary, Verified Payee or visitor to Givealittle (as applicable).
"Voucher" means a unique pre-paid code that can be applied to a Fundraising Beneficiary via a donation or used to Top-up a MyGivealittle account.
Givealittle.co.nz is an online fundraising platform for user-generated Kiwi causes.
Through Givealittle, Spark Foundation provides universally available, secure online donation technology for all Kiwis, to ensure connectedness and generosity at times when New Zealanders and New Zealand-based organisations need public help and fundraising.
It is our view that censoring Givealittle pages on a values basis may limit Givealittle's ability to be a true reflection of the diverse ways Kiwis express generosity. To uphold these open values Givealittle must actively monitor and manage abuses that compromise our ability to provide this service and preserve the freedom of giving and receiving that it encourages.
The Givealittle service team undertakes content management in line with the Terms and Code of Conduct, using the following methods:
Givealittle follows commonly accepted boundaries and community standards for user generated content. All Givealittle pages must pass a review by a Givealittle moderator before being flagged as acceptable for the public browse pages and search functions. Moderation includes, but is to limited to, checks on:
- Verifiable data, i.e. Donee tax status, Charities Register, MOE database
- Good taste and decency
- Legal activity
- Clear stated intentions for funds raised
- Free from graphic content or profanity
- Clear real world identity
- Evidence of New Zealand affiliation
- Respect for third party intellectual property
- Respect for third party privacy
- Full compliance with Givealittle Terms
- Full compliance with User Code of Conduct
A lightbox notice is displayed on a page until it is fully moderated by Givealittle. Pending moderation status does not limit the ability to share or collect donations (with the exception of Non-Profit Organisations).
A lightbox notice is displayed on a page until it has received 3 donations from 3 independent parties. A page will not display in the search or browse of Givealittle until donor validation has been achieved.
Certain data and information provided by Users is locked after first input and review to prevent unauthorised changes and to protect the integrity of the fundraising process for all Donors.
Givealittle undertakes a comprehensive verification process for the purpose of safeguarding the payment of funds raised. Users that complete this process will be verified to receive regular payments from the Givealittle trust accounts of funds raised.
From time to time, Spark Foundation may also request additional information from any Fundraising Member, Fundraising Beneficiary or Verified Payee to satisfy itself in relation to these Terms or associated payment processes.
Endorsement of content by the Spark Foundation or Spark New Zealand Trading Limited is not to be inferred from automated display on Givealittle.
Individual Donor Responsibility
We respect the individual freedom of Users to donate on Givealittle pages where there is personal trust and confidence in the Fundraising Member, Fundraising Beneficiary and/or Verified Payee. We expect all Givealittle users to exercise their own good sense and judgement in determining whether a Givealittle page offers a satisfactory impact or result in return for their donation. Givealittle strives to provide the best tools and information to donors to help make good independent decisions about online donations.
We expect all Users to take ultimate responsibility for the pages they create, or which are set up for their benefit, on the Givealittle website. This includes ensuring that content created under a registration is authored by the named, registered User, and not by third parties.
If you encounter a Givealittle page that you believe violates the Givealittle Terms, Code of Conduct or this Content management policy, please report it to us using the 'Report this’ page link located in the Donor Confidence Key. The Givealittle service team undertakes reviews and investigations on pages that are reported by the public.
Givealittle User Code of Conduct
This policy sets out the Spark Foundation's expectations for how public users manage their use of Givealittle in order to protect the unique trust and confidence required for a healthy New Zealand giving community.
This policy applies to all users of Givealittle including Fundraising Members, Fundraising Beneficiaries, Verified Payees, Donors and browsing visitors.
When you use Givealittle for any purpose you agree to:
- generally, abide by the Terms and agree to the Spark Foundation's right to actively monitor and engage with users around registration and activity under the detailed standards of the Terms
- be honest and factual in all representations and information you make publicly available on Givealittle Pages
- be co-operative and open in all interactions other Users, the Givealittle service team, the Spark Foundation, Spark New Zealand Trading Limited or other representatives
- comply with all New Zealand law when considering your fundraising purpose or intentions for funds raised on Givealittle
- take full responsibility for fulfilling your personal obligations, including any legislative, reporting or compliance requirements arising from receiving funds raised or making donations using Givealittle
When using Givealittle to fundraise online for an organisation, cause, event or individual need, you agree to:
- generally, abide by Givealittle's Terms and agree to the Spark Foundation's right to moderate your Content and verify the data and information you provide
- represent your fundraising purpose and intentions honestly with the most complete and factual information
- use all funds you raise on Givealittle for the purpose you advertise on your Givealittle page
- provide regular updates to donors and champions using the tools provided
- respond to all questions and requests for information from Users, the Givealittle service team, Spark Foundation, Spark New Zealand Trading Limited or other direct representatives of Givealittle promptly
- immediately update your Givealittle page if your fundraising purpose or intentions for use of funds raised changes or you are not able to meet your good faith obligations to donors
- co-operate with the Givealittle service team in the event that your fundraising purpose is interrupted, discontinued or unable to proceed for any reason.
Note: Where the Fundraising Member is not the Fundraising Beneficiary the Fundraising Member agrees to obtain the consent of the Fundraising Beneficiary prior to uploading any Content to a Givealittle Page that may contain personal information of the Fundraising Beneficiary. We reserve the right to remove any Content from any Givealittle Page, at our sole discretion and without notice, if requested by the Fundraising Beneficiary.
And when using Givealittle to donate online you agree to:
- respect the role of the Spark Foundation as the enabler of Givealittle as a free public service, not a regulator of charitable purpose in New Zealand
- respect the freedom of all Givealittle users to donate freely online
- respect the freedom of all Givealittle users to fundraise responsibly
- immediately contact firstname.lastname@example.org if the legitimacy of an organisation, cause or individual providing information on Givealittle is in doubt
Harmful Digital Communications Act 2015
The Harmful Digital Communications Act (HDCA) sets out to deter, prevent and mititgate 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 Givealittle members are expected to abide by these principles.
It is now outlined in law that members must respect others and conduct themselves honestly and in good faith at all times. If a member breaches these principles or their content is deemed harmful and/or offensive, Givealittle may take action by removing specific content.
Spark Foundation is 100% committed to protecting your privacy. Givealittle facilitates donations from Users and we recognise that donating is a very personal process so we take every precaution with the way we capture and use your personal information.
Your Personal Information
Under the Privacy Act 1993 (New Zealand law) you are able to access any personal information provided via the Givealittle service and held by Spark Foundation about you, and correct or update your personal information at any time.
The Givealittle user registration process requires minimal personal information (i.e. name and email address).
Some Givealittle pages require additional information to be able to facilitate robust services for you and donors.
In order to become a Verified Payee, we will require further personal information in order to verify your identity. Should you choose Electronic Verification, as part of such process we may disclose your personal information to a 3rd party. This is so that we comply with our obligations as a reporting entity under the Anti-Money Laundering and Counter Financing of Terrorism Act 2009. If we cannot verify you either by Electronic Verification or by way of Certified Documents, you will not be able to be a Verified Payee and will not be able to be paid donations.
Spark Foundation or Spark New Zealand Trading Limited will never sell or rent your personal information to a third party or disclose your individual Givealittle donation or fundraising activity outside of the privacy settings or permissions you give through the donation process. Spark Foundation and Spark New Zealand Trading Limited will always aggregate and de-personalise donation and fundraising data for the purposes of promotion and public reporting of Givealittle activity.
Your personal information may be available to independent auditors as required from time to time for the Spark Foundation's charitable reporting purposes.
Your personal information will only be disclosed if public authorities (including government agencies with statutory law enforcement responsibilities) require access to your details:
- to investigate legal compliance
- to assist with court proceedings
Spark Foundation may use your personal information:
- to contact you when necessary about your activity on Givealittle or your My Givealittle account
- to provide you information about our Foundation or changes on Givealittle
- to enforce or apply our Terms
- to protect the property, rights, or safety of Spark Foundation, Spark New Zealand Trading Limited, our users, or others.
Our general policy is to contact our members by email, however other means of contact may be used (if other contact information is available).
Givealittle Users are able to contact us at any time to verify if your personal information has been provided in any of the above circumstances.
Updating Your User Information
Givealittle enables you to change or update your personal information, including your password, email address and profile information through your My Givealittle page. We will store any prior email addresses held against your profile to uphold compliance with our Terms.
Closing Your Account
To have your user account removed from Givealittle entirely; please contact us at email@example.com.
You are personally responsible for ensuring the security of your user name, email address, password, profile information and donation details. We recommend you do not disclose your user registration details to any third parties. If you choose to share your personal information, including registration details with a third party you are responsible for any actions taken with this information and access.
Spark Foundation only sends you email communication you agree to receive as a Fundraising Member, Fundraising Beneficiary, Verified Payee or Donor on Givealittle, in addition to mandatory emails relating to registration and donations.
Other email communications can be managed through your My Givealittle page. You can be removed from any mailing list upon request.
From time to time, Spark Foundation or Spark New Zealand Trading Limited will send newsletters and other communications to Users. These communications will contain instructions for how you can 'unsubscribe'.
Please make every effort to protect against unauthorised access to your Givealittle registration details and to your computer.
Givealittle uses 'session' cookies, which are removed from your computer once you leave the Givealittle site. Session cookies are used so we can remember that you have logged in recently without prompting you to do so again. We use Microsoft Active Server Pages which require the use of session cookies. Session cookies expire and are deleted after 20 minutes of inactivity on the Givealittle site.
Givealittle also uses 'persistent' cookies to individualise our service. We use them as a protection tool for our members and to provide us with data (such as the frequency and duration that members visit Givealittle). Persistent cookies enable us to track members on Givealittle and recognise members that abuse the Givealittle site.
Spark Foundation collates additional information to better understand our Givealittle users, including the site that you've just visited, the site you visit next, your browser and IP address.
Your IP address makes up part of your personal information and as such will only be given to legal institutions and authorities in events as described above. This data is stored securely. We may also collect messages you choose to post, and feedback you leave for other Users on Givealittle. Any correspondence you send us, such as letters or emails, or correspondence from other members or third parties that relate to your activities on Givealittle may be collected.
Givealittle may link to third party sites for the benefit of Users. Givealittle does not control the content, privacy policies of these sites or endorse these organisations except where expressly stated.