Terms of Use

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: October 2020

Definitions

In these Terms, the following words have the following meanings:

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.notion.so/Privacy-Policy-e2582070996c476fbbe87a75908ac7e0.

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:

  • temporarily download one copy of the Website content for personal, non-commercial transitory viewing only.

You may not:

  • Archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under these Terms) any of the Website content;
  • Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website;
  • Use any automated tools or mechanisms including any robot, spider or scraper to access the Website or insert any code or manipulate the Website;
  • Reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
  • use the Website content for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary notices on the Website;
  • Install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website, Products or Services.

Our Options

Under these Terms, We may:

  • Edit or remove any content, features or functionality of the Website;
  • Monitor Your use of the Website;

If You breach these Terms, We may:

  • Suspend or terminate Your use of the Website; and/or
  • Take legal action against You.

We may terminate access to the Website at any time without notice. Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.

Charity Account

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 ("Charity Account User") 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.

Fees

Chive is an intermediary providing the Platform and is not involved in handling any donations. It does not take any cut or fee on donations.

Chive charges monthly or yearly subscription fees to certain Charity Accounts. More information about what fees apply can be found on the Pricing page.

Chive reserves the right to change the Fees at any time, and will provide Charities adequate notice of any fee changes before they become effective.

You are responsible for paying any Fees that you owe to Chive. The applicable Fees (including any applicable Taxes) are collected by Stripe (Stripe.com). You agree that the terms of use for Stripe are incorporated into this Agreement, and you will be subject to any terms applicable to such third party services (“Third Party Terms”).

Content

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 hello@chivecharities.nz and We will take action, including removal of the challenged material from the Website if appropriate.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback“). You may submit Feedback by emailing us at hello@thesocialexpeirment.co, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Intellectual Property

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, unless expressly set out in the terms and conditions:

  • We retain all right, title and interest in and to the Our IP and You agree to not attack, dispute or contest the validity, or the ownership, of Our IP; and
  • no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit.

Privacy and Communication

By using the Website, You agree to abide by and comply with Our Privacy Statement located at https://www.notion.so/Privacy-Policy-e2582070996c476fbbe87a75908ac7e0. 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 hello@chivecharities.nz.

No Warranty/Disclaimer

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:

  • Your use of the Website is at Your sole risk;
  • The Website are provided “as is” and “with all faults”; and
  • the Website may not be secure, timely, uninterrupted, error-free or otherwise reliable;
  • We may cease to make available any of the Website content;
  • the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Website.
  • We do not control the content, condition, legality or suitability of any products or services advertised by users;
  • We do not perform background checks or endorse any users;
  • Users are responsible for providing accurate information, and you do not confirm the accuracy of any information provided; and
  • We do not accept any responsibility as to the reliability, accuracy completeness of any information provided by users.

Linked Sites

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.

Indemnity

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.

Limited 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.

General Provisions

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.