Welcome to DonateNZ, New Zealand's premier community resource. These terms and conditions are intended to keep Donate NZ a safe place for all users of the site.

1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Donate Charitable Trust ('Donate NZ') offers you access to the services and the web site. By registering as a member of Donate NZ you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

1.2 Amendment of terms and conditions: These terms and conditions may be amended in whole or in part by Donate NZ from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 31st March 2009.

1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item', 'items', 'offer' means goods that may be donated through the DonateNZ process;
'member' means a registered member of DonateNZ, be it recipient or donor;
'services' means any one or more of the offered by Donate NZ from time to time, including news, events, blogs, warm fuzzies, needs & offers and any other service that Donate NZ may offer;
'we', 'us' and 'our' are a reference to Donate NZ;
'you' and 'your' are a reference to you as a member of the site;
'web site' means any Donate NZ web site through which the services are offered;
'listing' means a listing on the web site through which you offer or receive any item, whether by donation or receipt; 'Recipient' means any registered Donate NZ organisation/member that has the ability to donate and receive goods & services through Donate NZ; 'Donator', 'Donor' means any Donate NZ member who has the standard ability to donate goods & services through the site; 'Exchanged' means the fulfillment of goods & services donation from donor to recipient.

SPECIFIC WARNINGS

2.1 The services: Donate NZ provides a venue to introduce members who want to donate and receive items. Donate NZ does not take any part in the sale or exchange of items other than by providing our web site as a venue for members. Donate NZ does not guarantee that all listed donations will be matched with recipients, or all listed Needs matched with Donors who can provide that item. We do not act as agent for either party and do not participate in any exchange or transaction between you and other members.

2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Donate NZ takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Donate NZ gives no undertakings, representations, or warranties in relation to items exchanged or listed on the web site, including:

• about ownership of any item;
• as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;
• as to the accuracy or truth of listings;
• that any item will meet your requirements or expectations; or
• about the ability of members to complete a transaction.

2.3 Disclaimer: You expressly understand and agree that:

Your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Donate NZ disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;

Donate NZ does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the web site is error-free or reliable; no advice or information that is obtained by you from Donate NZ or anyone else shall create any warranty by Donate NZ that is not expressly stated in the terms and conditions; and responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Donate NZ's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Donate NZ to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Donate NZ's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of Donate NZ's message boards and chat rooms, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.

2.6 Breach: Without limiting any other rights and remedies available to Donate NZ, Donate NZ may limit your activities on the web site, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Donate NZ considers it appropriate.

2.7 Usage of goods & services: As a recipient organisation/member of Donate NZ you agree that any goods or services received will be solely for the benefit of the recipient organisation/member, or their beneficiaries.  Donations may not be accepted on behalf of another organisation. Any abuse of the Donate NZ receivable process will result in termination of the membership without warning, and require the return of the donation to Donate NZ.  Donate NZ reserves the right to ensure that the organisation/member has complied with the terms and conditions for which the goods/services were received.

BECOMING A MEMBER - DONOR

3.1.1 Becoming a Member: Becoming a member is free.

3.1.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Donate NZ to ensure it is kept current at all times. Donate NZ may phone or mail you to verify these details.

3.1.3 Termination of membership: Donate NZ reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Donate NZ may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, or we, at our sole discretion, deem your behaviour to be unacceptable.

3.1.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

• not to permit any other person to use your user name or membership; and
• not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

BECOMING A MEMBER - RECEPIENT

3.2.1 Becoming a Member: Donate NZ will assess applications for Membership taking into consideration the objects of Donate NZ. A recipient organisation/member of Donate NZ may be asked to provide either a copy of their Charter or Constitution outlining the purpose of the organisation, contact details of two Trustees/members of the Board or Governing Committee, and/or a copy of their Charitable Tax Exemption status as part of the registration process. Donate NZ Management shall have the sole right to determine whether membership is granted. There is no membership fee to become a Recipient organisation. An organisation must be located in New Zealand to be considered for membership.

Organisations who are able to join DonateNZ are as follows - 

• Schools 
• Kindergartens, Playcentres and Early Childhood Facilities
• Not-for profit organisations, with a welfare or education focus

Specific exclusions and exceptions:

• For-profit : Schools, Early Childhood Centres and After School Programmes
• Not-for-Profit organisations who join with intent to send items received overseas are able to join but are placed on limited acceptance, meaning they are offered items after organisations who keep things in NZ.
• Sporting, Leisure and Interest-based Clubs & Associations
• In home childcare (i.e. PORSE, Nannies & Barnardos)
• Political parties
• Private businesses

3.2.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Donate NZ to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Donate NZ will phone or email you to verify these details before activating your membership..

3.2.3 Termination of membership: Donate NZ reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Donate NZ may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Donate NZ may also terminate your membership if donations received are found to be benefiting any person or organisation other than the recipient organisation or its beneficiaries.

3.2.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

• not to permit any other person outside of your organisation to use your user name or membership
• not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

GENERAL RULES

4.1 General

All listings, exchanges or communications made through Donate NZ shall be made in good faith.

All "Make on Offer " listings created by Donor or Recipient must be those intended to give away at NO cost to the Recipient. You must not list items for sale, advertise your business or attempt to solicit business through this free listing service, unless given permission to do so in writing by DonateNZ.

You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.

You shall not list your email address, phone number or any other contact detail within the description of donation or needs listings or on the Donate NZ message boards.

All tax & charitable donation obligations are the responsibility of the donator and/or the recipient (as the parties determine).

Donate NZ memberships are not transferable and therefore can not be sold or traded.

4.2 Your obligations as a donor (Applies to both recipients and donors)

Donors must be located in New Zealand only.

You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of donation and shipping/drop off methods. You must list an item in one category only which must be the most appropriate category for your item.

You will only place listings for items that exist and are you are legally able to donate. You will not list items that you are not legally entitled to donate or that are not in your possession. You must not list illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law.

When you list an item for donation on Donate NZ, you should do so with the intention of donating this item through the site and maintain your profile in regards to said items accordingly. Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details, unless given permission to do so in writing by DonateNZ.

You must not use the services or the web site to promote items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.

You will not list adult content or firearms on this website in any section. Those who do so will be subject to revoked of membership (see 3.1.3)

Listings are not pre-screened for content. Donate NZ reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

You must endeavour to arrange for the listed item/service to be fulfilled according to your terms and conditions when donating, promptly on completion of the transaction.

You must not use your Donor membership to bypass the donation system by contacting or attempting to contact a donation's Donor. You will receive one warning and if this behavior continues, your account will be disabled.

You as a donor subscriber acknowledge that DonateNZ provides a database service and is not responsible for delivery, logistics, broken materials or damage due to any accident or incident involving donor's donations of items and/or services arising from any cause whatsoever.

4.3 Your obligations as a recipient of goods

Recipients must be located in New Zealand only.

Recipient Wish Listings are not pre-screened for content. Donate NZ reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

You must endeavour to arrange for fulfillment of the donation according to the stated terms promptly on completion of the transaction. Should you fail to do so, the Donor reserves every right to relist the item at their discretion with no right of reply.

You as a recipient member acknowledge that DonateNZ provides a database service and is not responsible for delivery, logistics, broken materials or damage due to any accident or incident involving donor's donations of items and/or services arising from any cause whatsoever.

You must not list needs or accept donations for hazardous substances or goods which could create a hazardous situation. Donate NZ reserves the right to remove any listing which is deemed hazardous and take disciplinary action towards members which list such.

You agree to your Organisation being shown publicly as a recipient of the Donate NZ website.

As an organisation granted Recipient status you agree that any receipt of goods or services received via the Donate NZ website will be solely for the benefit of the organisation who holds recipient status, and not for personal gain in any way, shape or form. Any abuse of the Donate NZ receipt process will result in termination of the membership without warning or right of refund.

All Goods or services received through DonateNZ must not be resold, unless:

• The intended use of the donation for resale is specified under the “Wish” listing
• The Donor has stated the donated item may be resold in the donation description
• The Recipient has discussed their intention to resell the items with the Donor to which the Donor agrees.
• The donated item has been in possession of the Recipient for a period of at least 6 months.

You must cooperate and assist DonateNZ Management if enquiries are made with your Organisation as to location and usage of donated items from the site.

4.4 Warm Fuzzies

Warm Fuzzies you provide to members must not contain offensive, defamatory or inappropriate language and must be of a positive nature. Donate NZ reserves the sole right to determine what is considered offensive, defamatory, negative or inappropriate language.

You may only give Warm Fuzzies that relate to a specific donation. You must not post Warm Fuzzies on a donation that does not relate to that specific donation.

FEES AND ACCOUNTS

5.1 DonateNZ Donor Membership Fees

Becoming a donor and donating on Donate NZ is free. You will never receive a bill from us.

5.2 Donate NZ Recipient Membership Fees

As of 1/4/09 Donate NZ does not charge a membership fee to become a Recipient member. However, which organisations are eligible to become a member is limited to the organisations stated in 3.2.1

Donate NZ reserves the right to charge for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

GENERAL PROVISIONS

6.1 System Integrity: Donate NZ will use its reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Donate NZ takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Donate NZ assumes no responsibility for the corruption of any data or information held by Donate NZ.

6.2 Resolution of disputes: As Donate NZ is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, Donate NZ in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

6.3 Donate NZ message boards: Donate NZ provides Message Boards for the use of Donate NZ members. The Message Boards may not be used to promote other web sites or any commercial or business activity. Donate NZ is not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.

6.4 Force Majeure: Without prejudice to clause 2.3(a), Donate NZ has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Donate NZ to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Donate NZ.

6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

6.8 Intellectual Property Rights: Donate NZ (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:

Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

6.10 Privacy: Donate NZ collects personal information about you through your use of the services and the web site, including:

• your registration details
• information relating to your use of the web site and the content you access.

You agree that Donate NZ may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Donate NZ products and services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent, however you agree that Donate NZ may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(c&d) at any time. Please review our privacy policy.