Preamble

Giv2 Limited is a New Zealand owned and operated business. Giv2 (We, Us or Our) offers a simple and easy way for donors to donate or make a contribution to fundraising groups, and for fundraising groups to easily receive these in support of their cause.

We believe in: Do good, do it Well and do it Right.

  • Do Good: is about What we do – this speaks to making a positive impact in the world,

  • Do it Well: is about How we do it – this speaks to the quality with which we do what we do,

  • Do it Right: is about the Way we do it with – this speaks to the integrity with which we do it.

 

We aim to do our best in providing a good and useful service to both fundraising groups and donors. Our intention is to operate with integrity, openness, honesty and to respect everyone’s privacy.

We expect these same behaviours from you as a user of our services.

This philosophy applies to our services and the Terms, Codes and Policies below.

 

At this early stage of our business, we choose to focus our attention on building a good and useful service to you, so we have started with a basic set of boilerplate Terms, Codes and Policies that we have adopted from around the industry, where we belive them to be in good order and will evolve these over time as required. Any of the provisions or situations covered for, or not, in the sections and paragraphs below will in practice always be measure against and applied based on our philosophy and approach outlined above.​

 

We reserve the right to terminate our services to you, and take legal action, if you willfully breach this basic understanding of mutual respect and integrity and/or you act unlawfully, or counter to the intentions with which, and for which, we operate and provide our services.

Our Terms, Codes and Policies may change from time to time. We will continue to refine and clarify them as we go.

The Giv2 Team

 

Terms

Giv2 is a fundraising service that is owned and operated by Giv2 Limited (We, Us or Our). Our service allows Fundraising Groups to set up a Client Account (Giv2 Client Account, Organisation Account) for the purposes of receiving online donations and contributions from members of the public via a cashless and contactless method of transaction.

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 Giv2 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 Giv2, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the Giv2 website.  If You have any queries or concerns in relation to Our Terms, please Contact Us on info@giv2.co.nz.

1. ACCEPTANCE OF OUR TERMS

By using Our services, You accept these Terms.

  • If You have set up a Giv2 Client Account, You authorise Us to collect donations and contributions from persons who choose to make a donation or contribution (Donor).

  • If You have set up a Giv2 Donor Account (Donor), You authorise Us to pass on the donation or contribution to the recipient of the funds (Payee) who may be the beneficiary or account owner of the Giv2 Client Account (Beneficiary).

 

2. YOUR OBLIGATIONS

By using Our services, You agree:

  1. to comply with Our Code of Conduct;

  2. to our Content Management Policy and Privacy Policy;

  3. to provide Us with true and accurate information as reasonably requested by Us to conduct Our services, when creating a Giv2 account and when providing information to Us for verification purposes;

  4. not to upload any content (including text, pictures, graphics, audio, video, images or other data) (Content) which breaches the intellectual property rights of any third person or entity;

  5. not to engage in any conduct in relation to Our services that violate laws (including privacy laws), rules, regulations or these Terms; and

  6. not to use Our intellectual property (e.g. trademarks and/or copyright) or assert any rights in any of Our intellectual property without Our prior consent. Inquiries and permission requests may be sent to info@giv2.co.nz

 

3. GIV2 SERVICE FEES AND INTEREST

Our Service may be provided for a fee or other charge. If you elect to use a paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at Our  ole discretion. (Service Fee).

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

4. USE OF DONATIONS

We rely on the good faith of all Users of Our services to use funds for the objectives stated on any Giv2 Page, or in support of the work mentioned on their own publicly available websites. 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 Giv2 Page, You should raise this directly with the Fundraising Group

5. TYPES OF DONATIONS

Direct Donations

You can make an immediate donation using a credit or smart debit card (Card).

6. REFUNDS

All donations to a Giv2 Page 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 Giv2 and We reserve the right to distribute these funds to such charitable causes as We see fit.

7. USING CREDIT CARDS

By using Giv2 the user agrees to their Credit Card details being captured through Our third-party payment processor. Giv2 stores a token, but not the Credit Card details of our User. The user is subject to the terms and conditions of the third-party payment processor (found here). The privacy policy of the third-party payment processor applies to any such transactions (found here).

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. VERIFICATION

In order to maintain compliance with laws, We may require that a verification process takes place to verify Your identity. This 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 Users (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 Giv2 or pay You any funds.

9. PAYMENT TERMS

Donations will only be paid out to verified Payees.  Donations made are batched and paid out (less any Service Fee) to the relevant verified Payee on a fortnightly basis by Giv2.

In the event Giv2 makes an overpayment to a Payee, the overpaid funds must be returned to Giv2 within 3 days of that Payee being contacted by Giv2 or as otherwise agreed with Us.

10. RECEIPTS

Donors are automatically emailed a receipt (or notice of successful payment) for every donation on Giv2, unless they have specifically opted out of receiving these by way of updating their profile preferences.

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 info@giv2.co.nz

11. YOUR REGISTRATION DETAILS

To register a Donor account with Giv2, You must be at least 16 years old. To register a Giv2 Client Account, You must be at last 18 years old. By registering for a Giv2 account You confirm that You meet these requirements and 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.

12. GIV2 PAGES

All Client Accounts registered may create a Giv2 Donation Page or Pages (Giv2 Page) by setting up a campaign with at least one Collection Point (Giv2-QR) code for any charitable or fundraising purpose which We approve. You agree to comply with Our Content Management Policy.

You may only create a Giv2 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 and potentially the Client Account.

We reserve the right to cancel a Giv2 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 Giv2 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 a Giv2 page, please email Us at info@giv2.co.nz We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.

In the event that Giv2 holds funds raised by a Giv2 Page for longer than 3 months and:

  1. no Payee has been verified; or

  2. the page is unable to be moderated in accordance with our Content Management Policy,

We will use reasonable endeavours to refund the funds but reserve the right to distribute the funds to such charitable causes as We see fit.  No refunds will be made for individual donations that are less than $10.

13. 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 Giv2 Account if We suspect any malicious activity or unauthorised access.

14. TERMINATION OR SUSPENSION

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

We may suspend or terminate Your Giv2 account and/or use of Our services without incurring any liability to You if:

  1. a serious complaint is received or a number of complaints (amounting to what We determine as a serious complaint) are received about You in relation to Your use of Our services;

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

  3. We consider Your behaviour to be unacceptable;

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

  5. in relation to suspension only, such suspension is necessary for any system maintenance (after giving You as much advance notice as is reasonably practical in the circumstances) or without notice to address security concerns in relation to Our systems;

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

  7. We are unable to complete our verification processes as set out in section 8 of these Terms (including any required re-verification).

 

15. PRIVACY

We take privacy seriously when We collect personal information from You. When You register, You agree to Our Privacy Policy and to Us occasionally making contact via email for matters that We deem important to Your membership, in accordance with Our Privacy Policy. You can find Our Privacy Policy here.

16. NO WARRANTIES

We will use reasonable efforts to maintain the Giv2 service, however, We do not guarantee continuous operation of the Giv2 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.

17. 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 Giv2 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).

 

18. 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 Giv2 Account.

 

19. 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 info@giv2.co.nz.

Giv2 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 info@giv2.co.nz.

 

20. GENERAL

If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected.

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

Last updated: 28-Aug-2020

 

Code of Conduct

This Code of Conduct applies to all Users, and sets out Our expectations in relation to use of the Giv2 service.


When You use Giv2 for any purpose You agree to:

  • abide by the Terms, Content Management Policy and this Code of Conduct

  • act honestly and truthfully including in all representations and information You make available on Giv2

  • respect the freedom of all Giv2 Users to donate online

  • respect the freedom of all Giv2 Users to fundraise responsibly

  • cooperate in all interactions with other Users, Our service team and other representatives

  • respect the role of Giv2 as the enabler of Giv2 as a public service, not a regulator of charitable purpose in New Zealand

  • Our right to actively monitor and engage with Users as described in the Terms

  • immediately contact info@giv2.co.nz if the legitimacy of an organisation, cause or individual providing information on Giv2 is in doubt.


When using Giv2 to fundraise You agree to:

  • only upload Content that does not violate the Terms, Content Management Policy or this Code of Conduct;

  • honestly and truthfully represent Your fundraising purpose and intentions on Your Giv2 Page;

  • Our right to moderate Your Content and verify the data and information You provide;

  • use all funds You raise on Giv2 for the purpose You describe on Your Giv2 Page;

  • promptly respond to all questions and requests for information from Users, Our service team and other representatives;

  • immediately update Your Giv2 Page if Your fundraising purpose or intentions for use of donations changes;

  • co-operate with Our service team in the event that Your fundraising purpose is interrupted, discontinued or unable to proceed for any reason;

  • comply with all New Zealand law relevant to your fundraising activities and use of funds raised on Giv2; and

  • take full responsibility for fulfilling Your personal obligations, including any legislative, reporting or compliance requirements arising from receiving funds raised or donations made using Giv2.


For further information about this Code of Conduct, or to report a breach please contact Us or email info@giv2.co.nz.

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, Giv2 may take action by removing that Content.


For further information about the HDCA, please visit Consumer Protection and also email Us at info@giv2.co.nz so we can take appropriate actions.

Last Updated: 28-Aug-2020

 

Content Management Policy

Giv2 is an online fundraising platform that allows Users to set up a Donation Page for the purposes of seeking and receiving donations from members of the public.


1. CONTENT

The integrity of the Giv2 service depends on all Users using our service in a responsible and legal manner, with courtesy and consideration.


You agree that You will not upload any Content onto a Giv2 Page that We reasonably believe:

  1. infringes any intellectual property rights of any third party;

  2. detrimentally affects the brand or reputation of Giv2, The Primus Ltd, any other User or any affiliates or partners of Giv2 or The Primus Limited;

  3. misleads as to the nature, type, service, intentions or benefits of donating to the Giv2 Page;

  4. contains inaccurate, ambiguous, exaggerated, defamatory, untrue or out-of-date information;

  5. encourages, counsels, incites or suggests any criminal or unlawful acts;

  6. preys on individual groups by virtue of their circumstances;

  7. contains vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racial or violent nature;

  8. promotes or provides inflammatory or demeaning opinions of an individual or group;

  9. uses images or information of a named or identifiable third party without their consent (parental/guardian consent is required if the third party is under 18 years);

  10. misrepresents Your identity or affiliation with any other person or organisation;

  11. uses Giv2 to send junk mail or “spam” in breach of the Unsolicited Electronic Messages Act 2007;

  12. conducts, displays or forwards surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like;

  13. uses the Giv2 service in a way that will result in the Donor receiving a material benefit in respect of Giv2 Pages that are eligible for a tax credit;

  14. uses the Giv2 service to facilitate any form of equity crowd funding or investment where Donors may expect a return on that investment;

  15. interferes with or disrupts the Giv2 service or services or networks connected with Giv2, or introduces any computer virus which may be harmful to Our system; or

  16. is harmful and/or offensive.


2. MODERATION

All Giv2 Pages are subject to a moderation process which may include checks on:

  1. The identities of the Page Owner, Payees and Beneficiary;

  2. Verifiable data, i.e. Donee tax status, Charities Register, Ministry of Education database;

  3. Good taste, decency and acceptable Content;

  4. Clearly stated and legal intentions for funds raised;

  5. Any graphic content or profanity;

  6. Respect for third party rights and privacy;

  7. Compliance with the Terms, Content Management Policy and Code of Conduct; and 

  8. Beneficiary Consent.


A Giv2 Page may still receive donations while it is awaiting moderation. 


3. LOCKED DATA

Certain data and information provided by Users of Giv2 is locked after it is inputted.  This is to prevent unauthorised changes and to protect the integrity of the fundraising process for all Donors.


4. NO ENDORSEMENT

We do not endorse any Content displayed on a Giv2 Page.


5. INDIVIDUAL DONOR RESPONSIBILITY

Donors may donate to Giv2 Pages as they see fit and Donors are solely responsible for their decisions to make a donation.


6. ENFORCEMENT

If You encounter a Giv2 Page that You believe violates Our Terms, Content Management Policy or Our Code of Conduct, please report it to Us by emailing info@giv2.co.nz. We carry out reviews and investigations of Giv2 Pages that are reported by the public and may remove or edit, at Our discretion and without notice, any Content posted on a Giv2 Page if We consider that any violation has occurred.


Last updated: 28-Aug-2020

 
 

Privacy Policy

This privacy policy sets out below how The Primus Ltd (Giv2) uses and protects any information that you give us when you use our service.

 

Giv2 is committed to ensuring that your privacy is protected. Should Giv2 ask you to provide certain information by which you can be identified when using this service, you can be assured that it will only be used in accordance with this privacy statement, Giv2 may change this policy from time to time by updating this page. You should check this page when you use the service to ensure that you are happy with any changes.

 

1. What Giv2 collects

Giv2 may collect the following information:

  • Name and Contact information including email address,

  • IRD number (and Charities Commission registration number for clients accounts) or other information required to meet any legal requirements in providing our service

  • Demographic information such as postcode, preferences and interests,

  • On a client account, Bank account details for depositing funds processed through Giv2 services.

 

2. What Giv2 does with the information we gather Giv2 requires this information to understand your needs and provide you with a better service in particular for the following reasons:

  • Internal record keeping,

  • Reporting purposes,

  • We may use the information to improve our products and services,

  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided,

  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone or mail,

  • We may use the information to customise the website/services according to your interests.

 

By creating a client or user account or making a donation through Giv2 you are consenting to receive marketing communications from us including community-related content, event partner opportunities, cause-related information, product updates, competitions and promotional campaigns. You can opt-out from any of these campaigns using the ‘unsubscribe’ instructions provided in the communication or by contacting us at info@giv2.co.nz.

 

3. Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@giv2.co.nz.

 

Giv2 will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting. You may request details of personal information which we hold about you. A small fee may be payable. If you would like a copy of the information held on you please write to us at info@giv2.co.nz

 

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

4. Deleting your account

You can request for your account to be deleted by emailing us at info@giv2.co.nz. Please put "Request my account to be deleted" in the subject line.

5. Security of Personal Information

While no website can guarantee security, Giv2 maintains reasonable administrative, technical, and physical safeguards to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

 

Giv2 does not disclose any personal information about our users to anyone, except as described in this policy and as permitted by law. We adhere to the Payment Card Industries Standard for storing user information.

 

Personal and Account information is restricted to those employees who need to know that information as part of their job, to service your account, or to provide products and services to you.

 

Giv2 adheres to the Payment Card Industry Data Security Standard (PCI DSS). The Payment Card Industry Data Security Standard (PCI DSS) is a proprietary information security standard for organisations that handle branded credit cards from the major card schemes including Visa, MasterCard, American Express, and Discover.

 

Giv2 maintains physical, electronic, and procedural safeguards that are reasonably designed to guard your non-public personal information.

 

Last Updated 23-Oct-2021

Acknowledgement:

As mentioned in the preamble, we have adopted much of the starting point for our policies and codes from sources within the fundraising industry in New Zealand.

In particular, we'd like to acknowledge Givealittle (www.givealittle.co.nz). Their general approach aligns well with our desired ways of working so we have borrowed heavily from them.