Date of Last Revision: 7 September 2020
Givealittle is an online fundraising service that is owned and operated by Perpetual Guardian Givealittle Trust, the sole trustee of which is Perpetual Guardian (Givealittle) Holdings Limited, trading as Givealittle (Givealittle, We, Us or Our). Our service allows Users to set up a Givealittle web page (Givealittle Page) for the purposes of seeking and receiving online donations for Kiwi causes from members of the public.
These terms of service (Terms) describe the services that We provide for you (User, You or Your) and what we require of You in return.
From time to time We will make changes to Our Terms by posting the changes on the Givealittle website and indicating the date these terms were last revised. If the changes to Our Terms are material and will significantly impact the way that You use Givealittle, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the Givealittle website. If You have any queries or concerns in relation to Our Terms, please contact Us at firstname.lastname@example.org.
1. ACCEPTANCE OF OUR TERMS
By using Our services, You accept these Terms.
If You have set up a Givealittle Page (Page Owner), You authorise Us to collect donations from persons who choose to make a donation (Donors).
If You are a Donor, You authorise Us to pass on the donation to the recipient of the funds (Payee) who may be the beneficiary named on the Givealittle Page (Beneficiary) or a recipient who receives the donation on behalf of the Beneficiary.
2. YOUR OBLIGATIONS
By using Our services, You agree:
3. GIVEALITTLE SERVICE FEES AND INTEREST
We deduct a service fee of 5% (inclusive of GST) on all donations (except for Top-Up Donations or Donations via TaxGift, described below) (Service Fee).
We also retain any interest earned on monies held for You or Beneficiaries (see section 8 below), which We use to maintain Our services.
Donations that are processed via TaxGift incur a service fee of 14.2% (inclusive of GST).
4. USE OF DONATIONS
We rely on the good faith of all Users of Our services to meet any stated objectives advertised on any Givealittle Page. We are not responsible for ensuring that Beneficiaries use donations in any particular way and We cannot guarantee that donations will be applied for a particular purpose.
If You are a Donor and You are dissatisfied with the application of any donation made through a Givealittle Page, You should raise this directly with the Page Owner or make use of any forums on Givealittle such as the Q&A feature or “Report This Page” form, and/or contact Givealittle directly via the Helpdesk.
5. TYPES OF DONATIONS
You can make a donation by any of the means set out below.
You can make an immediate donation using a credit or debit card (Card), internet banking, a Givealittle Voucher (Voucher) or by transferring funds from Your Givealittle Account. The minimum donation amount is $1.
You can pledge a donation by Card in relation to a Givealittle Page which has a minimum donation target. The minimum pledge amount is $1.
If the minimum donation target is not achieved before the close date, Your Card will not be charged.
If the minimum donation target is achieved, and You have not revoked Your pledge before that time, Your Card will be charged at the pledge amount. If a charge for a pledge is unsuccessful, We may attempt to charge the Card for a further 7 days.
If You have a Givealittle Account, You can create a regular donation plan, via your bank account, recurring Card payments or payroll giving (Plan). Any donation made via a Plan must be a minimum value of $1.
Donations made via Cards are processed on the date and at the frequency selected by You at the time of creating the Plan. Your Card may be subject to an ongoing $1 "authorisation hold" from Your Card provider in order to complete the donation.
It is possible for You to hold multiple recurring Card payment Plans and assign different Cards to each Plan.
Payroll giving Plans are donations made directly by Your employer via electronic bank transfer into Your Givealittle Account. Only Beneficiaries with tax donee status can benefit from payroll giving Plans. Please contact Us if You require further information on this. If You have any payroll giving funds accumulated in your Givealittle Account, these funds must be used within 12 months of the date of receipt of the funds from Your employer, otherwise the funds are surrendered to Givealittle. We reserve the right to distribute these funds to such charitable causes as We see fit.
You may only hold one payroll giving Plan at any time.
Some employers offer an employer scheme providing their employees with some form of employee donation matching (Employer Scheme). If Your employer has an Employer Scheme and You are participating in it, We may share Your details (including donation details) with Your employer, as required to administer the Employer Scheme (although We will, where possible, attempt to anonymise or provide summary data only).
Vouchers can be used to make a donation or to top up Your Givealittle Account. Each Voucher has an expiry date displayed on it. If a Voucher has not been used to make a donation or to top up Your Givealittle Account on or before its expiry date, We may apply the value of the Voucher to such charitable causes as We see fit.
Any tax credits from using a Voucher to make a donation will accrue to the benefit of the person using the Voucher to make that donation, rather than the original purchaser of the Voucher.
On making a donation or a pledge, You are able to make a discretionary top-up donation of up to ten (10) percent of the amount of the main donation (Top-Up Donation). This is used to offset the Service Fee.
All donations to a Givealittle Page and all funds in a Givealittle Account are non-refundable and non-transferable, unless We direct otherwise (which We will only do in exceptional circumstances).
If any refund that We attempt to process is unsuccessful, the donation is surrendered to Givealittle and We reserve the right to distribute these funds to such charitable causes as We see fit.
7. USING CARDS AND INTERNET BANKING
We assume no responsibility to You for such transactions, except where We cannot limit or exclude Our responsibility under law.
If You have proved to Our reasonable satisfaction that there has been an unauthorised use of Your Card to make a donation, We will, if the donation has not yet been paid to the Beneficiary, refund the transaction to Your card. Otherwise any refunds will be at Our discretion having regard to the circumstances.
As part of Our monitoring process and to comply with Our reporting obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AMLCFT Act), We may contact You regarding Your donation if We consider it necessary.
8. GIVEALITTLE ACCOUNT
If You have a Givealittle Account, We hold any funds within the account for You.
You can credit Your Givealittle Account via payroll donations, internet banking, Card payments, or from Vouchers.
If You would like to close Your Givealittle Account, please contact Us at email@example.com.
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.
The information that We obtain as part of this process will be used for the purpose of verifying the identity of the intended Payee and/or other User (including by checking that information against third party databases or other sources) and complying with Our obligations as a reporting entity under the AMLCFT Act. The verification process includes checks to identify Users who are politically exposed persons or close associates of such persons. If You are providing this information on behalf of the intended Payee, please ensure that You have the consent of the intended Payee to do so for these purposes.
If We cannot verify You or We identify an issue as a result of that verification process, We may not be able to register You with Givealittle or pay You any funds.
10. PAYMENT TERMS
Donations will only be paid out to verified Payees. Donations and top ups made each month are batched and paid out (less the Service Fee) to the relevant verified Payee between the 20th and 25th day of the month following receipt of the donation by Givealittle.
Pledges that are converted into unconditional donations will be paid out in the monthly payment cycle immediately following the month in which the minimum donation target is achieved along with any funds donated in that month after the minimum donation target has been reached.
One-off payments can be facilitated in special circumstances at Our discretion in the event of an emergency, special need or projects or events that fall ahead of the next scheduled monthly batch payment. To request a one-off payment please email firstname.lastname@example.org and provide details of Your special circumstances. We reserve the right to request additional information or supporting documentation at any stage in considering Your request.
We reserve the right to require an independent trustee or a change in the Verified Payee as a condition for payment. We may also require that any funds are paid to direct creditors of the Beneficiary.
In the event Givealittle makes an overpayment to a Payee, the overpaid funds must be returned to Givealittle within 3 days of that Payee being contacted by Givealittle or as otherwise agreed with Us.
Donors are automatically emailed a receipt (or notice of successful payment) for every donation on Givealittle.
The type of receipt or notice that will be issued will depend on the amount and type of the donation and the tax treatment of that donation. For further information please contact Us at email@example.com.
12. YOUR REGISTRATION DETAILS
To register with Givealittle, You must be at least 18 years old. You confirm that all of the information You provide to Us as part of the registration process is true and accurate. It is Your responsibility to update Your details as they change from time to time.
13. GIVEALITTLE PAGES
All registered Users may create a Givealittle Page for any charitable or funding purpose which We approve. You agree to comply with Our Content Management Policy.
When setting up a Givealittle Page, You must make it clear what the raised funds will be used for. This purpose will be displayed on the Givealittle Page.
You may only create a Givealittle Page on behalf of an organisation if You are an authorised representative of that organisation. If We receive advice contrary to the above then We will remove the page.
Where a Givealittle Page is a project page with a minimum donor target, donations will be conditional on reaching that minimum donor target by a specified date. The minimum donor target and the closing date for that Givealittle Page cannot be changed after the Givealittle Page is active. We cannot guarantee that all donations pledged will convert to unconditional donations and We are not liable to Users in the event that donations pledged and/or funds raised are lower than the minimum donor target.
We reserve the right to cancel a Givealittle Page without notice at the request of the Beneficiary or otherwise for breach of the Terms or the Code of Conduct.
We may immediately remove Content from a Givealittle Page if any intellectual property rights are contested by a third party or if We become aware that You are not properly authorised to use any Content. If You suspect a breach of any intellectual property right on the Givealittle website, please email Us at firstname.lastname@example.org. We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.
Where You are a Page Owner, but not the Beneficiary of that Givealittle Page, You agree to obtain the consent of the Beneficiary prior to uploading any Content to the Givealittle Page that may contain the Beneficiary's personal information. We reserve the right to remove any Content from any Givealittle Page, at Our sole discretion and without notice, if requested by the Beneficiary.
In the event that the Givealittle holds funds raised for a Givealittle Page for longer than 3 months and:
We will use reasonable endeavours to refund the funds but reserve the right to distribute the funds to such charitable causes as We see fit. No refunds will be made in the event that a Givealittle Page raises less than $100 nor for individual donations that are less than $20.
14. PASSWORDS & SECURITY
You are responsible for keeping personal login information safe, private and secure at all times. We may take such security measures as We deem fit, including suspending or locking Your Givealittle Account or Givealittle Page if We suspect any malicious activity or unauthorised access.
15. TERMINATION OR SUSPENSION
We may reject Your registration, Givealittle Page creation, use of or access to Our services at Our discretion.
We may suspend or terminate Your Givealittle Page and/or use of Our services without incurring any liability to You if:
We take privacy seriously when We collect personal information from You.
17. NO WARRANTIES
We will use reasonable efforts to maintain the Givealittle service, however, We do not guarantee continuous operation of the Givealittle website or Our services.
We do not provide any further warranties in relation to Our services, and exclude any additional warranties to the extent allowed by law.
18. OUR LIABILITY TO YOU AND WHAT COMPENSATION WE WILL PAY
You have statutory rights under the Consumer Guarantees Act 1993. Nothing in these Terms will limit Your rights under that Act, unless We are legally entitled to do so. If You use Our services for business purposes, the Consumer Guarantees Act 1993 does not apply.
All other types of liability (including loss of profits or business) are excluded to the extent permitted under New Zealand law. In particular, We are not responsible for any information given by Us or contained on Our website in relation to the accounting, tax or financial consequences of making a donation or using Givealittle to fundraise.
In the event We are liable to You, Our maximum liability to You under these terms, however caused, is limited to the funds donated by You or received by You as a Beneficiary (as applicable).
19. YOUR LIABILITY TO US AND WHAT COSTS YOU MUST PAY
You are liable to Us for any losses We suffer and costs We incur (including the cost of a solicitor) as a result of:
Content uploaded by You;
Your breach of these Terms or Our Code of Conduct; or
third party claims arising as a result of Your use of Your Givealittle Account.
20. DISPUTES OR COMPLAINTS
If You have a dispute with Us or a complaint about Our Services, We would like the opportunity to resolve this with You amicably. Please contact Us at email@example.com.
Givealittle always seeks to provide You with the highest level of service. If for any reason we do not meet your expectations, please contact us. We aim to resolve all disputes as soon as they are brought to our attention, as quickly and fairly as possible. If we are unable to do so, we will set out for you the steps we will take to find a solution and the timeframe in which you can expect the matter to be resolved. You may contact us to make a complaint by email via firstname.lastname@example.org or post Perpetual Guardian (Givealittle) Holdings Limited, Complaints Co-ordinator, PO Box 1934, Shortland Street, Auckland 1140
We are also a member of an external, independent dispute resolution scheme operated by Financial Services Complaints Limited (FSCL) and approved by the Ministry of Consumer Affairs.
If we cannot agree on how to resolve your issue, you can refer the matter to FSCL by emailing email@example.com, calling FSCL on 0800 34 72 57, by contacting the Complaint Investigation Officer, Financial Services Complaints Limited, Level 4, 101 Lambton Quay, Wellington 6145 or by post at PO Box 5967, Wellington 6145. Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. There is no cost to you to use the services of FSCL.
If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected.
New Zealand law applies to these Terms and You agree that the New Zealand courts will hear any claim brought under these Terms.
Givealittle is an online fundraising platform that allows Users to set up a Givealittle Page for the purposes of seeking and receiving donations for Kiwi causes from members of the public.
In Our opinion, censoring Givealittle Pages on a values basis may negatively impact the diverse ways in which Kiwis choose to express generosity. In order to minimise this risk, We actively monitor and manage abuses that compromise Our ability to provide the service and preserve the freedom of giving and receiving that it encourages.
The integrity of the Givealittle service depends on all Users using the Givealittle service in a responsible and legal manner, with courtesy and consideration.
You agree that You will not upload any Content onto a Givealittle Page that We reasonably believe:
All Givealittle Pages are reviewed and approved by a Givealittle moderator prior to the Givealittle Page becoming publicly searchable. The moderation process may include checks on:
We try to complete the moderation process within three business days of the creation of the Givealittle Page, however, this is dependent on the nature of the Content and ease of communication with the Page Owner.
A 'lightbox' notice is displayed on a Givealittle Page until the page has been moderated by Us. A Givealittle Page may still receive donations where it is awaiting moderation. A Givealittle Page will not be publicly searchable until it has been successfully moderated by Us, and 'donor validation' has been achieved.
3. DONOR VALIDATION
A 'lightbox' notice is displayed on a Givealittle Page until it has achieved 'donor validation', meaning it has received three donations from three independent parties. A Givealittle Page will not be publicly searchable until donor validation has been achieved.
4. LOCKED DATA
Certain data and information provided by Users of Givealittle is locked after it is inputted. This is to prevent unauthorised changes and to protect the integrity of the fundraising process for all Donors.
5. NO ENDORSEMENT
We do not endorse any Content displayed on a Givealittle Page.
6. INDIVIDUAL DONOR RESPONSIBILITY
Donors may donate to Givealittle Pages as they see fit and Donors are solely responsible for their decisions to make a donation.
If You encounter a Givealittle Page that You believe violates Our Terms, Content Management Policy or Our Code of Conduct, please report it to Us using the Report This Page link displayed on the Page. We carry out reviews and investigations of Givealittle Pages that are reported by the public and may remove or edit, at Our discretion and without notice, any Content posted on a Givealittle Page if We consider that any violation has occurred.
This Code of Conduct applies to all Users, including browsing visitors, and sets out Our expectations in relation to use of the Givealittle service.
When You use Givealittle for any purpose You agree to:
When using Givealittle to fundraise You agree to:
Harmful Digital Communications Act 2015
The Harmful Digital Communications Act 2015 (HDCA) sets out to deter, prevent and mitigate harm caused to individuals by harmful digital communications.
The HDCA is made up of a list of communications principles, all of which apply to digital communications (which means any form of electronic communication). All Users are expected to abide by these principles.
Users must respect others and conduct themselves honestly and in good faith at all times. If a User breaches these principles or their Content is deemed harmful and/or offensive, Givealittle may take action by removing that Content.
For further information about the HDCA, please email us at firstname.lastname@example.org.
1. YOUR PERSONAL INFORMATION
When You visit or use Givealittle, We may collect and store certain information from or about You, including information that can be used to uniquely contact, identify or locate You (Personal Information).
Set out below is a summary of the types of information, including Personal Information that may be collected from You depending on Your interaction with Givealittle:
Registration of Givealittle Page: When You register a Givealittle Page We collect Your name, email and IP address(es), contact number, and location information in respect of Your Page;
Verification of Payee/User: In order to become a verified Payee and/or other User, We require the following further information, to verify Your identity and comply with Our obligations as a reporting entity under the AMLCFT Act:
Beneficiaries: When You are named as the Beneficiary of a Givealittle Page We collect Your name and email address and in certain circumstances the verification information set out at clause 1(b) above;
Donors: When You make a donation We collect Your name, email and IP address(es), location and the details of Your donation including donation method; and
Donors who opt-in to TaxGift: Should You opt-in to becoming a TaxGift member, as well as clause 1.4 above, We also request Your IRD number and digital signature giving authorisation to appoint TaxGift as a Tax Agent for You. This is solely for the purpose of claiming your tax credit from IRD. Givealittle does not store your IRD number or digital signature.
Communications: If You contact Us, such as via letter or email, We may keep a copy of that correspondence. We may also collect messages and feedback You leave for other Users and correspondence from other Users or third parties that relates to Your activities on Givealittle.
2. USE OF PERSONAL INFORMATION
We may use the Personal Information that You provide to Us for the following purposes:
3. DISCLOSURE OF PERSONAL INFORMATION
Your Personal Information may be disclosed to third parties in the following circumstances:
4. DATA ANALYTICS
5. UPDATING YOUR INFORMATION
You can access, change, update or correct Your Personal Information that is stored on the Givealittle service or held by Us at any time.
If You need help accessing Your Personal Information, please contact Us at email@example.com.
We will retain a record of any prior email addresses registered against Your profile in order to uphold compliance with Our Terms.
6. PROTECTING YOUR INFORMATION
We endeavour to store Personal Information on secure servers and take steps to maintain the security of Your Personal Information. However, there are risks that are inherent in storing and transmitting data online. You are responsible for ensuring the security of Your:
We recommend You do not disclose Your User registration details to anyone. We cannot guarantee that all of Your Personal Information provided to Us will remain secure if You choose to share Your Personal Information, including registration details. You will be responsible for any actions taken with that information.
7. USER COMMUNICATION
Other than emails relating to registration, use of the Givealittle service and donations We will only send You emails that You elect to receive. Elected email communications can be managed through Your "My Givealittle" page.
For example, from time to time, We will send newsletters and other communications to Users. These communications will contain instructions for how You can 'unsubscribe'. Our general policy is to contact Users by email, however other means of contact may be used (if other contact information is available).
8. UNSOLICITED ELECTRONIC MESSAGES ACT 2007
By registering with Givealittle, You consent to receiving electronic messages from Us for the purpose of the Unsolicited Electronic Messages Act 2007.
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. Session cookies expire and are deleted after 20 minutes of inactivity on the Givealittle site.
11. CONTACTING US AND COMPLAINTS
If You are dissatisfied with Our response, You can make a complaint to the New Zealand Privacy Commissioner – please refer to contact information at https://www.privacy.org.nz/your-rights/how-to-complain.