Chive is an online charity directory and donation platform owned by Chive Limited, a New Zealand registered company. Chive Charitable Trust, a New Zealand registered charitable trust receives and distributes all donations, and engages Chive Limited to provide the development, operation, and marketing of the Chive Limited’s website/platform to encourage and facilitate donations to charities and any related services. Our platform allows charities to set up a web profile for the purposes of seeking and receiving online donations from members of the public.
By visiting or using this Website You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Website. If You disagree with the changes then You must stop visiting and using this Website.
Last updated: August 2022
In these Terms, the following words have the following meanings:
Charity: The catch-all term we use for the various forms of charitable entities and other donation-recipients listed on our Website
Charity Profile: The web profiles set up by Charities for the purposes of seeking and receiving online donations from members of the public.
Donate: To send money to Chive to distribute to the Charity you selected
Donation: The actual money donated
Our IP: means intellectual property owned or licensed by Us relating to Our Website, Products or Services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.
Privacy Statement: means Our Privacy Statement available at https://www.chivecharities.nz/privacy-policy
Products: means any products provided to by Us via this Website.
Services: means any services, features or functionalities provided to You by Us via this Website.
Website: means this website www.chivecharities.nz.
We, Us and Our: means Chive Limited
You: means you as an individual and Your has a corresponding meaning.
ACCESS AND USE OF THE WEBSITE
You agree to access and use the Website and any Products and Services in accordance with these Terms and all applicable laws.
We grant You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.
You may not:
You must register an account ("Charity Account") to access and use certain features of the Website, such as editing your charity's profile. If you are registering for a Charity Account on behalf of a Registered Charity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You must provide accurate, current and complete information during the registration process and keep your Charity Account and public Charity Account profile page information up-to-date at all times.
You are liable for any and all activities conducted through your Charity Account, unless such activities are not authorised by you and you are not otherwise negligent.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Charity Account User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Charity Account User's to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Charity Account User's.
If you have previously purchased a charity plan on Chive, this subscription service is no longer available. We do not charge Charities to be listed on Chive. Please contact firstname.lastname@example.org if you have any questions about your previous purchase.
DONATION TERMS: FOR GIVERS
Using the Website, you can Donate to most of the Charities listed.
When you make a Donation to a Charity through the Website, your Donation goes directly to Chive Charitable Trust first, which has exclusive legal control over the Donation, and we issue you a receipt for your charitable contribution as an IRD donee. On a regular basis, Chive Charitable Trust disburses funds collected through Donations directly to recipient Charities. This process ensures your eligibility for a tax-deduction and consolidated records of your giving, and reduces the administrative burden of the Charities to process multiple small donations from hundreds of donors. Except in cases of fraud, we do not issue refunds.
When you Donate through the Website, you may do so by either making a Recurring Donation or by making a One-Time Donation. You must provide a valid payment method to make a Donation using the Website. By providing your Payment Provider information, you agree that Chive (through its third party payment service providers) is authorized to charge your Payment Provider for the full amount of any Donations you agree to make using the Website and that no additional notice or consent is required for such charges. You agree to notify us of any change in your billing address or payment account information used for payment hereunder.
If you would like to cancel a Recurring Donation, you may do so at any time by emailing email@example.com.
DONATION TERMS: FOR CHARITIES
By creating a Charity Profile on the Website, you consent to Chive Charitable Trust collecting Donations on your Charity’s behalf and disbursing these Donations.
In order to receive Disbursements from us via the Website, you will need to meet the following minimum requirements:
Your organisation is a registered charity in New Zealand.
You have a New Zealand bank account number.
Disbursements & Payment Processing
Every month, Chive Charitable Trust disburses funds actually collected through Donations to recipient Charities (either directly, or through a third-party nonprofit partner). All Donations are contributions to Chive Charitable Trust, not to your charity, so you do not need to issue a receipt to any Giver, and we also do not need a receipt so please do not provide any.
We use payment processing partners to receive Donations and make Disbursements. The amount your charity receives from Donations may be reduced by the fees of such payment processing partners depending on which payment method was chosen by the Giver. Your charity must provide sufficient information to such payment processing partners in order to receive Disbursements, and must update such information as needed.
In exchange for Disbursements, you agree and commit that:
You consent to the use of the name and certain limited, publicly-available information about your charity on the Website, and permit us to fundraise and collect donations on your behalf, acknowledging that it is not guaranteed that any Giver will request a Donation to your charity, and that we have no obligation to list you, or to fundraise and collect donations for you at any time.
You will use all Disbursements for your charity’s charitable purposes.
You will not use any Disbursement to conduct non-charitable activities, including illegal activities, impermissible political activities, or to provide an impermissible private benefit to any individual or entity.
You will comply with all applicable state and local statutes governing the solicitation of charitable solicitations, including but not limited to fulfilling any registration requirements.
The Giver who recommended their Donation support your charity will not receive any goods or services of value (such as memberships, merchandise, or event tickets) as a result of the Donation or Disbursement to your charity.
You will notify us promptly of any change to your tax-exempt status or ability to carry out the specific charitable purposes for which you have received Disbursements.
If circumstances make Disbursement to your charity impossible or inappropriate (such as if your charity ceases operations, loses its tax-exempt status, or fails to comply with these Terms), we may in our sole discretion select an alternate Charity to receive the Donation. Except in cases of fraud, we do not issue refunds to Givers. However, if we have made Direct Disbursements to your charity, we have the right to deduct amounts from your future Direct Disbursements to cover credit card charge-backs and disputed charges related to a Donation recommended for your charity. We will attempt to contact the Giver of any such Donation to let them know that a charge back or disputed charge will require you to refund their Disbursement to us. We reserve all rights to pursue charge back and disputed charge amounts from the Nonprofit.
When You make a Donation, you consent to Your Donation information being shared with the Charity.
Chive may, at its sole discretion, enable Charity Accounts to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Website ("Charity Content"); and (ii) access and view Charity Content and any content that Chive itself makes available on or through the Website, including proprietary Chive content and any content licensed or authorised for use by or through Chive from a third party ("Chive Content" and together with Charity Content, "Collective Content").
The Website, Chive Content, and Charity Content may in its entirety or in part be protected by copyright, trademark, and/or other laws New Zealand and other countries. You acknowledge and agree that the Website and Chive Content, including all associated intellectual property rights, are the exclusive property of Chive and/or its licensors or authorising third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Chive Content or Charity Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website, Chive Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or Collective Content, except to the extent you are the legal owner of certain Charity Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Chive or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Chive grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Website and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Charity Content on or through the Website, you grant to Chive a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Charity Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Charity Content to provide and/or promote the Website, in any media or platform. Unless you provide specific consent, Chive does not claim any ownership rights in any Charity Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Charity Content.
You are solely responsible for all Charity Content that you make available on or through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Charity Content that you make available on or through the Website or you have all rights, licenses, consents and releases that are necessary to grant to Chive the rights in and to such Charity Content, as contemplated under these Terms; and (ii) neither the Charity Content nor your posting, uploading, publication, submission or transmittal of the Charity Content or Chive's use of the Charity Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Charity Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Chive policy. Chive may, without prior notice, remove or disable access to any Charity Content that Chive finds to be in violation of applicable law, these Terms or otherwise may be harmful or objectionable to Chive, its Charity Accounts, its Users, third parties, or property.
5.9 Chive respects copyright law and expects its Charity Accounts to do the same. If you believe that any content on the Website infringes copyrights you own, please notify us at firstname.lastname@example.org and We will take action, including removal of the challenged material from the Website if appropriate.
Under these Terms, We may:
If You breach these Terms, We may:
We may terminate access to the Website at any time without notice. Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.
Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Website or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You agree and acknowledge that:
You agree and acknowledge that:
PRIVACY AND COMMUNICATION
By using the Website, You agree to abide by and comply with Our Privacy Statement. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by emailing Us at email@example.com.
To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website.
You acknowledge that:
This Website may contain links to other websites of which We do not have control and are not governed by these Terms or Our policies. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content, accuracy and/or availability on those websites.
You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties under these Terms, and from any third party claims arising out of or incidental to Your use of this Website.
LIMITATION OF LIABILITY
Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law.
To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.
Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.
Severability: If any part or provision of these Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from these Terms and the remainder of these Terms will continue to apply.
Relationship: These Terms do not create any relationship of partnership, agency, employment or joint venture between You and Us.
No waiver: Any failure or delay by either You or Us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these Terms (Right) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of Ours expressly set out in these Terms, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to Us in contract, at law or in equity, including any rights, powers or remedies that would be available to Us if the right, power, or remedy was not set out in these Terms.
Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer or novate any of Our rights and obligations under these Terms without Your consent.
NZ law: These Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your Use of this Website and the supply of any Products and/or Services to You by Us and any other matter arising from these Terms are subject to the laws of New Zealand. You agree that any dispute arising from or relating to these Terms is governed by the non-exclusive jurisdiction of the courts of New Zealand.
Entire Agreement: Unless We otherwise agree in writing, these Terms constitute the entire agreement between Us and You in relation to their subject matter. If you are a Member subject to a Licence Agreement with Us, if the terms of that agreement conflict with these Terms, the provisions of that agreement prevail.
Your Rights: The Website’s contents have not been prepared by taking into account the particular situation or needs of any individual users. Other than Your rights under the Consumer Guarantees Act 1993.
Contact: If You have any questions or concerns in relation to the website, related services or terms and conditions, please contact us via the “Contact Us” link provided on the Website.
CONTACTING US AND COMPLAINTS
If You have any questions, enquiries or complaints about Us and Our policies please contact Us at firstname.lastname@example.org.