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Terms of Use & Privacy Policy

Terms of Use


1. Introduction
Welcome to 100percent.org.nz ("Website"), a website operated by the 100Percent Charitable Trust ("100Percent"). The Website enables volunteers ("Volunteers") to donate certain services ("Services") to 100Percent, which can then pass the use of those Services on to recipients ("Recipients"). 
 
Recipients donate money for Services ("Donations") to 100Percent via the Website, with the Donations going to a charity of the Volunteer's choice.  During 2013, this charity will be World Vision or 100Percent, and from 2014, it is anticipated that further beneficiary charities will be available for Volunteers to donate Services to.  Beneficiary charities (including 100Percent and World Vision) may have more than one cause or project available for Recipients to choose to donate to.

 
2. Overview of the Terms of Use
These terms of use ("Terms of Use") govern all use by you of the Website, including all actions by you in the course of volunteering or receiving Services.  In these Terms of Use, references to "we", "us" and/or "our" mean 100Percent and references to "Users" or "you" and/or "your" means the users of the Website, including all Volunteers and Recipients.
 
By using the Website, including volunteering Services as a Volunteer or receiving Services as a Recipient, you have confirmed your acceptance of these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Website.
 
Users must also comply with the Privacy Policy.  The Privacy Policy forms part of these Terms of Use.

 
3. How the Website Works
The Website connects Volunteers with Recipients and includes the following features:
 
  • User accounts ("Accounts") which enable Users to use the Website, including volunteering and receiving Services;
  • the ability for Volunteers to post details of the Services that they are able to provide together with the amount of the required Donation which is set by 100Percent by publishing it on the Website, having been advised by the Volunteer as to the appropriate amount when creating their Volunteer profile;
  • the searchable and browsable directory of Services available on the Website;
  • the booking function which allows Users to book Services with 100Percent which are provided by Volunteers; and
  • the messaging function which allows Recipients to communicate with Volunteers and to communicate generally using the 'comments' function.
 
Volunteers donate their Services to 100Percent so that 100Percent may provide the donated Services to Recipients.  Recipients receive Services from 100Percent, not from Volunteers.  Recipients agree that their relationship is solely with 100Percent and that they have no contractual relationship with any Volunteer other than to the extent that a Volunteer has donated their Services to 100Percent so that 100Percent can provide those donated Services to a Recipient.

 
4. Donations and Accounts
All Services are paid for by the Recipient's at the time of booking.  Payment may be refunded to a Recipient if the Services donated were not received by the Recipient within 7 days of the scheduled date for the Services.  Services may be cancelled by the Recipient up to 24 hours before the scheduled time for the Services.  Services may be cancelled by the Volunteer at any time.
 
Please note that credit and debit card based transactions are processed through third party payment processors including Payment Express (DPS) or such other providers appointed by 100Percent from time to time ("Third Party Processors").  Such transactions are subject to the terms and conditions of that respective Third Party Processor.  To the maximum extent permitted by law, we assume no liability or responsibility for any transaction(s) processed through a Third Party Processor.
 
From 2014, it is anticipated that Donations may be allocated by 100Percent, with direction from the Volunteer, to a specific cause.  To the maximum extent permitted by law, 100Percent will not be responsible for ensuring that any Donations allocated to third party organisations are used for the cause for which they have been donated.  Donations will be aggregated per beneficiary charity, batched and paid to the relevant charity's nominated New Zealand bank account between the 20th and 27th of the following month.

 
5. General Responsibilities
Each User agrees to meet these general responsibilities:
  • If you are 14 years or younger, you will not use the Website or register as a User without permission from your parent/guardian and you agree that when you register as a User, you must provide the contact details of your parent/guardian who will be notified by email that you have registered as a User.
  • Comply with these Terms of Use.
  • Receive the Services for your own personal, non-commercial use.
  • Make sure all information you give us is accurate, correct and complete.  You must also be honest and factual in all representations and information you make or make available on the Website.
  • Follow our reasonable instructions and directions in relation to your use of the Website and the Services.
  • Comply with all applicable laws, regulations, standards and codes when using the Website and when providing or receiving Services, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961.
  • Do not infringe any third party's rights.  This includes ensuring that you do not make any unauthorised use of copyright material, such as photocopying textbooks.
  • Do not use the Website, including the messaging function, to make available any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Use information acquired in connection with the Website solely for the purposes of providing or receiving Services.
  • Do not use the Services or any information acquired in connection with the Website in any way that implies an endorsement or sponsorship of, or association by us or any other User with any product, service, person or entity.
  • Users must only register once and must not register multiple Accounts unless otherwise approved by 100Percent (in its sole discretion).
 
6. Further Responsibilities
 
Volunteers
Each Volunteer agrees that they provide Services free of charge to 100Percent and no amounts are at any time, or will at any time, become due and owing from 100Percent or a Recipient to a Volunteer in relation to any Service provided. 
 
Each Volunteer represents that they have the knowledge, know-how and/or qualifications to provide the Services and that they agree to provide such Services in a reasonably competent manner.
 
Recipients
Donations to 100Percent for the receipt of the Services are unconditional and non-refundable.     
 
User responsibilities in relation to Accounts
You agree to meet these responsibilities in relation to your Account:
  • You are responsible for maintaining the confidentiality of your Account and any username, login and password used by or allocated to you in connection with your Account. You are also responsible for any and all activities that occur under your Account.
  • Donations from your Account are based on the Services you receive.  If you think there is a mistake in relation to your Account, please let us know.
  • You agree to change your password at regular intervals, and at any time upon request by us.
  • You agree to notify us immediately of any actual or suspected unauthorised use of your Account, or other breach of security.  However, notice provided by you under this clause does not release you from your responsibilities under these Terms of Use.
  • Your Account is personal to you and may not be used by any other individual.  You agree not to let any other person use your Account.
 
7. Withholding, Suspending or Restricting Access to the Website and/or Services
In our sole discretion, including if you fail to comply with these Terms of Use, at any time we may withhold, suspend, restrict, or terminate your access to the Website or take such other steps as we believe are necessary or appropriate.  We will always do our best to contact you before doing this, but may not be able to do so in all circumstances.  If we terminate your access to the Website, we will refund the balance of your Account to you within a reasonable period of time after you have elected how you wish this money to be paid to you.
 
On ending your access to the Website, you agree we may retain some information, data or other material that we hold in relation to your use of the Website, including personal information, provided that this complies with the Privacy Act 1993 and the Telecommunications Information Privacy Code 2003. 
 
You agree we may, in our sole discretion, remove any materials that we consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms of Use.
 
You agree we may (but are not obliged to) monitor any User activity on the Website, including use of the messaging function.  Even though we may monitor User activity on the Website, we do not pre-screen any content made available by Users.

 
8. Termination by You
You may terminate your Account at any time.  To have your Account removed from 100Percent entirely please contact us at info@100percent.org.nz.

 
9. Consumer Protection Legislation and Exclusion of all Other Liability
Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms of Use, and are not affected or altered by them (including the exclusion of liability set out below).
 
Exclusion of all other liability
To the maximum extent permitted by law, 100Percent and World Vision (including all of their respective officers, employees, contractors and agents) exclude all liability arising from or in connection with your use of the Website (including the volunteering or receipt of Services via the Website).
 
No representations
Except to the extent required by law, 100Percent and World Vision (including all of their respective officers, employees, contractors and agents) make no warranties or representations relating to or in connection with the Services provided to you (whether express, implied or whenever arising).

 
10. Limitation of our Liability
If we or any of the other people / entities listed in clause 9 (under the heading "Exclusion of all other liability") are ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 9, then this clause applies.

Where this clause applies, the maximum combined amount we and all the other people / entities listed in clause 9 (together) will have to pay you in connection with your use of the Website or your provision or receipt of Services, will be limited to the value of the Services you provided or received in connection with the event for which you are claiming.  You agree that the value of any such Services is an amount equal to the Donation for those Services.

This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.


11. Changing these Terms of Use
We may change these Terms of Use by changing or removing existing terms or by adding new ones at any time. It is your responsibility to ensure you are aware of the Terms of Use currently applying to you and your continued use of the Website and/or your provision or receipt of Services after changes have been notified to you in this way indicates your acceptance of those changes.

 
12. Indemnity
Without limiting any of our rights or remedies, you indemnify us, as a continuing indemnity, against all costs, losses, liabilities (including legal and other professional expenses on a full indemnity basis and goods and services tax under the Goods and Services Tax Act 1985 and similar taxes), claims, demands, damages, fines and penalties including any consequential or indirect losses, economic losses or loss of profits arising directly or indirectly out of, or in connection with, your use of the Website or your provision or receipt of Services.

 
13. Transferring our Responsibilities 
We may transfer to someone else all or any part of our side of the agreement you have with us and you consent to that. We will tell you if we do this.  You may not transfer any rights you have in relation to these Terms of Use or the Services or the Website without our prior written consent.

 
14. Intellectual Property Rights
We own or are licensed to use all intellectual property rights in the content, software and anything else we use or make available to you in connection with the Website ("IP Rights").

These IP Rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these IP Rights will remain in us and/or our providers. You acknowledge such title, interest and rights in these IP Rights and will not take any action to jeopardise, limit or interfere in any manner with our or our providers' title, interests or rights in these IP Rights with respect to the Website, including, but not limited to, the use of our trademarks or trade name.
We do not claim ownership of any content or material you provide or make available through the Services ("User Material"). However, by placing any User Material on our websites or systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, sub-licence, redistribute, adapt, transmit, publish, delete, edit and/or display the User Materials, including for marketing purposes.  You may withdraw your authorisation for our use of User Material by contacting us and referencing these Terms of Use at info@100percent.org.nz.

 
15. General
Each User agrees that nothing in these Terms of Use shall create or be evidence of any partnership, joint venture, employer/employee or fiduciary relationship between any of the parties and you may not make, or allow to be made, any representation that any such relationship exists between any of the parties.  You have no authority to act for, or to incur any obligation on behalf of us, except as expressly provided for in these Terms of Use.

Each User agrees that they place no reliance on the operation of the Website at any time and that we have no obligation to provide or continue to provide access to the Website.  In addition, each User's ability to provide or receive Services, including through having a working internet connection, is that User's sole responsibility.
 
You may be able to access third party websites or services via the Website.  We are not responsible for third party websites, services, or content available through third party services.  Your use of third party websites may be subject to that third party's terms and conditions.
 
If for any reason any of the terms contained in these Terms of Use cannot be enforced or relied on by you, us or any of the other people listed in clause 9, all other terms in these Terms of Use remain binding.
 
Even if your Account is terminated, clauses 14 (Intellectual property rights) and 15 (General) will continue to apply and you will continue to be bound by them.

We make no representation that the Website or the Services are appropriate or available for use in locations outside of New Zealand, and accessing them from territories where their contents are illegal is prohibited. If you choose to access the Website from other locations you do so on your own initiative and are responsible for compliance with local laws.

Our Services are provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court.

 
16. Contact

If you have any complaints about the Website or any questions in relation to the Website, please contact us by sending an email to info@100percent.org.nz.

 
 

Our Privacy Policy

 
1. Introduction
Welcome to The100Percent Charitable Trust's Privacy Policy ("Privacy Policy").  This policy sets out the way in which we protect your privacy and the privacy of those using the Website.

 
2. Terms of Use
In addition to our Privacy Policy, our Terms of Use apply to your use of the Website and the Services you provide and/or receive. It is important that you are familiar with our Terms of Use. Please read them in conjunction with this Privacy Policy.  Terms used in this Privacy Policy have the same meanings as in our Terms of Use.  References to "100Percent", "we", "us" and "our" are references to The 100Percent Charitable Trust.
 
3. Your Personal Information
Under New Zealand's Privacy Act 1993, you are able to obtain confirmation of whether we hold any personal information about you, access any of your personal information held by us, and correct or update your personal information at any time.
 
Information we collect
If you are just surfing and reading information on the Website, then we may collect and store the following information about your visit:
  • the IP address of your machine when connected to the Internet and the domain name from which you are accessing the Internet;
  • the operating system and the browser your computing device uses, and any search engine you are using;
  • the date and time you are visiting;
  • the URLs of the pages you visit; and
  • any other information that you provide us.
In addition to this, if you want to register an Account with the Website, the User registration process requires some personal information to be provided.  This includes your name, email address, telephone number, and other personally identifiable information you submit in connection with the process of setting up an Account.  Volunteers may also provide additional information about their qualifications and background relevant to their provision of Services.  We may also collect messages you send to other Users using the messaging function, and feedback you leave for other Users. Any correspondence you send us, such as letters or emails, or correspondence from or to other Users or third parties that relate to your activities on the Website may be collected.
 
We may gather more extensive information if we are concerned, for example, about security issues. If we think it is necessary, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
 
How your information is used
100Percent may use your personal information:
 
  • to contact you when necessary about your activity on the Website or your Account (if applicable);
  • to provide you information about the Website, 100Percent or changes to the Website;
  • to protect the property, rights, or safety of 100Percent, its Users, and others; and
  • to comply with all applicable laws.
 
We also use the information we collect from you to measure the number of visitors to different parts of the Website and, for example, to measure the effectiveness of advertising.  Although we may publish aggregated information about usage patterns, we do not disclose information about individual machines except for the reasons set out in this section.
 
If you provide us with information about your qualifications and other similar matters, such information will be published on the Website, including your User profile. 
 
Your personal information will be stored on 100Percent's servers (as provided by third parties approved by 100Percent from time to time).

 
4. Updating your User Information
100Percent allows you to change or update your personal information, including your password, email address and other Account information through your Account.  We will store any prior email addresses held against your Account to uphold compliance with our Terms of Use.

 
5. User Communication 
Our general policy is to contact Users by email; however other means of contact may be used (if other contact information is available).
 
100Percent only sends you email communication you agree to receive as a User, in addition to mandatory emails relating to registration and Donations.
 
Other email communications can be managed through your Account online. You can be removed from any mailing list upon request by contacting us at unsubscribe@100Percent.org.nz.

From time to time, 100Percent will send newsletters and other communications to Users. These communications will contain instructions for how you can 'unsubscribe'. If you have difficulty unsubscribing from an email campaign, please contact us at unsubscribe@100Percent.org.nz.

 
6. Payment Security 
We are committed to protecting the security of your personal information, including credit card information. 100Percent does not hold your credit card number. 100Percent uses Payment Express (DPS) to process credit, debit card, and online banking Account payments.
 
Please make every effort to protect against unauthorised access to your Account and to your computer.

 
7. Cookies 
Cookies are small pieces of information stored on your computer's hard drive when you access a website. Most websites use cookies to provide useful features for their visitors.
 
100Percent uses 'session' cookies, which are removed from your computer once you leave the Website. Session cookies are used so we can remember that you have logged in recently without prompting you to do so again.
 
 
8. Changing this policy
We may change this policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new policy. We are under no obligation to tell you about any changes to this policy (other than to display that fact on the Website in a reasonably prominent way) and it is your responsibility to ensure you are aware of the policy and other terms and conditions applying to you.  Your continued use of the Website and/or the Services after changes have been notified to you in this way indicates your acceptance of those changes. 

If you have any questions about 100Percent's online privacy policy, email us using the contact details accessible at info@100percent.org.nz.
 
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