Website and Donation Terms & Conditions
1. APPLICATION OF TERMS
- These Terms apply to your use of the Website and/or making a Donation. By accessing and using the Website and Donating:
- you acknowledge you have read, understood and agree that you are bound by these Terms; and
- you confirm you are authorised to agree to these Terms on behalf of any other person for whom you access and use the Website, and that person is bound by these Terms.
- If you do not agree to these Terms, you are not authorised to access and use the Website and/or donate any Products, and you must immediately stop doing so.
- We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change to these Terms takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website and/or making a donation, you indicate you understand and accept the amended Terms, and agree to be bound by them.
- We may change, suspend, discontinue, or restrict access to, the Website and/or making a donation of any Products without notice or liability.
- These Terms were last updated in March 2023.
3. DEFINITIONS AND INTERPRETATIONIn these Terms:
- Affiliates means our third party Product providers, distributors, licensees, or licensors once you complete a donation.
- Brand means all of the brand elements of our business, including the Website and in the name “Give a Trap”.
- Child or Children means any person under the age of 13 excluding those within Europe and the wider EU.
- Eligible Donors means legal residents of any non-EU country who makes a Donation of Products through our Website for delivery to third party located in New Zealand.
- Including and similar words do not imply any limitation.
- Intellectual Property means all intellectual property rights in relation to the Website and the Brand, including any trade mark(s), copyright, and goodwill in relation to them.
- Loss includes any and all loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
- Terms means these terms and conditions titled “Website and Donation Terms” as they may be amended from time to time.
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
- User ID means a unique name and/or password allocated to you to allow you to create an online account and access certain parts of the Website and/or donation of any Product.
- We, us or our means Give a Trap owned and operated by Forest & Bird and any of its employees and/or representatives.
- Website means www.GiveaTrap.org.nz.
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
- Words denoting the singular shall include the plural and vice versa.
4. YOUR OBLIGATIONS
- You must provide true, current and complete information in your dealings with us (including your Identity Information when setting up or maintaining an account), and must promptly update that information as required so that the information remains true, current and complete.
- If you are given a User ID, you must keep your User ID secure and:
- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
- immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
- You must:
- not act in a way, or use or introduce anything (including any virus, worm, trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
- You indemnify us against any and all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5. DONATION OF PRODUCTS
- Acknowledgements and agreements: You acknowledge and agree that Give a Trap are only facilitating a Donation between the Affiliate and you. The Products and any information in relation to them, including text and graphics, have been provided to the Website by the Affiliate and as such are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Give a Trap disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including those in relation to merchantability, fitness for a particular purpose, title, non-infringement and warranties arising from course of dealing or course of performance.
- Eligibility: Products can only be purchased by Eligible Donors. Any Order from a person who is not an Eligible Donor, will not be processed and will be cancelled.
- Pricing: The prices for the Products are in New Zealand dollars and include allc costs, including delivery charges, required to fulfill the Donation. We reserve the right to amend or rectify.
- Donating: A Donation is an offer to purchase one or more Products. When we receive a valid Donation from you we will accept this offer by confirming via email that we have received and are processing the Donation. The Affiliate will then be notified of your Donation and it is the Affiliate who will be responsible for packaging and arranging delivery of your Donation to the party for which the Donation is intended. Once your Donation has been dispatched you will receive an email notification of this.
- Delivery: It is expected that a Affiliate will dispatch the Donation within ten (10) working days of it being placed, which will be sent to the stated address by courier on a non tracked basis. It is expected, unless the Affiliate states otherwise, that deliveries to an urban address will be received within six working days of an Donation being dispatched, and in the case of rural delivery within eight working days of an Donation being dispatched.
- Refunds: Give A Trap will refund all donations made that are fraudulent due to unauthorised use of a credit card. In all other circumstances, refunds of donations will be at the discretion of Give A Trap, unless in the event of returning funds raised for a specific purpose that has not been fulfilled by Give A Trap as agreed. In assessing whether refunds of donations can be facilitated, we will determine whether the donation in question has already been applied to a charitable purpose or whether it is available to be released back to the donor.
- Returns: The Affiliate is required to meet their obligations contained in the Consumer Guarantees Act and the Fair Trading Act along with any other terms they may have in relation to returns stated on the Affiliates’s page of the Website or their own website. Please email@example.com in the first instance if you have any concerns about the quality of the product.
- Invalid affiliate: At the date of distribution, if any Affiliate that you have named in your Donation does not exist or has been amalgamated with another Affiliate or has changed its name, such Donation will not fail but Give a Trap will Donate it to the Affiliated organisation which they consider most nearly fulfils the objects intended to benefit.
- The Website contains content provided not just by us but also by our Affiliates. We will endeavour to ensure that any content on the Website will be true, current and complete when you access it. We will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
- Although we believe in freedom of speech, we reserve the right to remove any content from donor messages accompanying their donations at any time without notice and for any reason whatsoever. In particular, this includes any content that we deem to be offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable.
- To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with: a the Website being unavailable (in whole or in part), performing slowly or not being compatible with all computer systems; b any error in, or omission from, any information made available through the Website; c any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and d any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
- We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws. For the avoidance of doubt and as specifically stated in these Terms the purchase of Products can only be completed by persons who are Eligible Donors.
- To the maximum extent permitted by law: a your access and use of the Website, including the Donation of any Products, is at your own risk; and b we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website (including the purchase of any Products). This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD50.00.
- To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website (including the purchase of a Product), or your access and use of (or inability to access or use) the Website, must not exceed NZD50.00.
- You are not required to provide personal information to us including Identity Information, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you, including being able to Donate Products.
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