Givealittle Terms & Policies

For those seeking all the important legal stuff behind the fundraising fun.

Standard Terms

Last updated: 07 August 2014


Overview

Givealittle is an online fundraising service that is owned and operated by the Spark Foundation, the charitable foundation of Spark New Zealand Trading Limited.

The service exists to facilitate online donations from members of the public wishing to donate money to a cause (“Donors”) to members of the public who have set up a Givealittle Page for the purposes of fundraising for such cause (“Fundraising Members”).

These Terms apply to every Donor, Fundraising Member and Fundraising Beneficiary. By using Givealittle and setting up a Givealittle Page, Fundraising Members and/or Fundraising Beneficiaries accept these Terms authorising Spark Foundation to collect and receipt donations from Donors on their behalf. By donating money through Givealittle every Donor accepts these Terms authorising the Spark Foundation to deduct the value of donation and pass on these amounts in full to a Fundraising Member on their behalf.

These Terms may change or be updated from time to time. It is the User’s responsibility to access and check the Terms whenever they access Givealittle. We will notify updates to the Terms in the Givealittle News. The latest version of the Terms will govern any future usage of Givealittle.

These Terms, Content Moderation Policy, Code of Conduct and Privacy Policy constitute the entire understanding and agreement between the User and Spark Foundation and supersede any and all prior oral or written communication on the subject matter contained in them.


Givealittle Service Fees

Givealittle is a zero fees fundraising service for Users with a New Zealand domestic bank account. The Spark Foundation covers all transactional and administrative costs so that all Users can be assured that 100% gets through.


Donation Methods

Donors are able to donate to a Fundraising Member either by making a direct donation (“Direct Donation”) or a conditional pledge (“Pledge”).

Direct Donations

Donors can choose to make a Direct Donation using a valid credit card, a valid Givealittle Voucher or a positive funds balance in a My Givealittle Account. Direct Donations are immediate, non-refundable, non-transferrable and non-disputable. The minimum Direct Donation amount is $1.

Pledges

Donors are able to donate via a Pledge to a Fundraising Member who has a Givealittle Page for a specific project with a minimum Donation target (“Project”). A Pledge is conditional until such time as the minimum Donation target is achieved at which point the Pledge will become an unconditional Donation. The minimum Pledge amount is $1.

A Donor can cancel their Pledge on request by contacting helpdesk@givealittle.co.nz. Unconditional Donations are non-refundable, non-transferrable and non-disputable.

Credit card is the only method available for making a Pledge.

On making a pledge, a Donor agrees to Givealittle pre-authorising a credit card in order to draw down the value of the Pledge when the Project reaches its minimum Donation target.

In the event that the Project does not reach its minimum Donation target, the Donor’s card will not be charged.

If a charge for a Pledge is unsuccessful on the first attempt, the Donor authorises Givealittle to attempt to charge the card for a further 7 days before we must advise the Fundraising Member that the Donor’s pledge has been cancelled.

Please note that credit card based transactions are processed through a third party payment processor called Direct Payment Solutions Limited.

Credit card transactions are subject to the policies and terms defined by Direct Payment Solutions Limited, and beyond any obligations as a merchant which we are not able to exclude, we assume no responsibility for such transactions. The Donor also acknowledges that the privacy policy of Direct Payment Solutions Limited shall apply. Such policy can be found here.

Spark Foundation holds the value of Voucher Codes and My Givealittle account balances on trust. Expired pre-paid Voucher Codes and My Givealittle account balances that are inactive for over 12 months are surrendered to the Spark Foundation to be applied at its discretion. Where there has been an unauthorised use of a Donor's credit card, and it is proven, then the Donation will be refunded and the Fundraising Member in turn agrees to refund any Donation to the Spark Foundation to enable this obligation to be met.


Receipts and Refunds

Donors are automatically emailed a receipt for every Donation on Givealittle.

Receipts are issued in the name of the Fundraising Beneficiary and any applicable Donee Tax Status.

There are two types of receipts from the Givealittle system – an official Donation receipt and a standard receipt. An official Donation receipt is issued where the Fundraising Beneficiary may have a Donee Tax Status where the official donation receipt can be used to claim a tax credit.

When a Donor donates on Givealittle, the Donation is automatically attributed to the intended Fundraising Member selected by the Donor and the Fundraising Member is notified.

Donations to a Givealittle Page are unconditional and non-refundable unless the impacted Fundraising Member gives consent. This is regardless of whether or not the donation has been paid from the Spark Foundation to the Fundraiser Beneficiary.

Spark Foundation is not responsible for ensuring that Fundraising Member uses donations in any particular way. We cannot guarantee that donations will be applied for a particular purpose, however we rely on the good faith of the Fundraising Member to meet any stated objectives advertised on their Givealittle Page.

If a Donor is dissatisfied with the Fundraising Member's use of any donation made through Givealittle (or websites powered by Givealittle) then the Donor should raise the dissatisfaction directly with the Fundraising Member or by the use of any forums on Givealittle such as the Q&A feature or “Report This” tool.


Payments

Donations are aggregated per Fundraising Beneficiary, batched and paid to the nominated New Zealand bank account between the 20th and 25th day of the month following.

Pledges that convert to unconditional Donations will be paid to the Fundraising Beneficiary within seven days after the target is reached. Any Pledges that do not convert on the first attempt will be paid in the monthly payment cycle together with any funds which are donated after the Project has reached its minimum Donation target.

One-off payments to Fundraising Beneficiaries can be facilitated in special circumstances at the complete discretion of the Spark Foundation to support emergency situations, special needs and projects or events that fall ahead of the next scheduled monthly batch payment. To requests a one-off payment please email helpdesk@givealittle.co.nz and provide details on your special circumstances.


Interest

Any interest earned on monies held on trust for a Fundraising Beneficiary shall be retained by the Spark Foundation and will be used to maintain Givealittle as a zero fees fundraising service.


Becoming a Registered User

You can become a registered Givealittle User for free provided you complete the registration process and meet the following criteria:

(a) you are at least 18 years old; and
(b) in all other respects you can form a legally binding contract that is enforceable against you.

If you complete the registration process you confirm to Spark Foundation that you can form a legally enforceable contract. All entity types and individuals can register as a User.

A registered User confirms that the information provided is true and accurate.

Where that information is no longer current the User agrees to promptly update the information (including details of Registered Charitable Status and Donee Tax Status for applicable Non-Profit Organisations).

When a User registers, Spark Foundation or a representative may contact the User to verify any information supplied.

A User must only register once, and must not register under multiple user names or characters (whether make believe or not) unless otherwise approved by Spark Foundation (in its sole discretion).


Givealittle Pages

All Users may create a Givealittle Page:

(a) for untagged purpose on behalf of an organisation (organisation page)
(b) for a specific purpose requiring flexible funding on behalf of themselves as either an organisation, group or individual user (cause page)
(c) for a Project conditional on fixed funding (project page)
(d) to the benefit of another organisation or cause (fundraiser page)
(e) in association with an organised public participation fundraising event or appeal (event page)

A User must ensure that the Content uploaded to a Givealittle Page does not infringe the intellectual property rights of any third party (including copyright). Where it does, the User must obtain the owner's written consent to the use of it. We reserve the right to remove any Content from any Givealittle Page, at our sole discretion and without notice if any intellectual property rights are contested. If you suspect a breach of any intellectual property right on the Website, please email us at helpdesk@givealittle.co.nz.


Organisation Pages

Only Users who operate on a not-for-profit basis (whether holding a Registered Charitable Status or not) can create a Givealittle page for untagged donations. You may only register as a User representing an organisation if you can form a legally binding contract that is enforceable against you.

Where a User has Registered Charitable Status, then User must provide satisfactory evidence of that Registered Charitable Status. Where the User has Donee Tax Status, the Non-Profit Organisation must on request provide satisfactory evidence of its Donee Tax Status. Whether the evidence supplied is satisfactory is solely at the discretion of Spark Foundation.


Cause Pages

Where a User creates a Givealittle Page to raise funds for a Fundraising Beneficiary with the capacity to self register on Givealittle, the Fundraising Beneficiary must be first registered on Givealittle to enable the User to create a page type which enables us to attribute donations directly to the Fundraising Beneficiary.


Project Pages

Where a User creates a Project page on Givealittle, including but not limited to the Spark My Potential Programme, the User agrees to fundraising being conditional on reaching the target. The User agrees that this target cannot be changed after the page has been moderated. The User also acknowledges that because the nature of the Pledge process, it is not guaranteed that all conditional Pledges will convert to unconditional Donations due to circumstances outside of the control of Spark Foundation and that, to the maximum extent permitted by law, Spark Foundation and Spark New Zealand Trading Limited are not liable to the Users in the event that funds raised are lower than the minimum target set by the Project.


Fundraiser Pages

The creation of a Givealittle Page by a User to raise funds for one or more Fundraising Beneficiaries in no way implies the endorsement of Spark Foundation, Spark New Zealand Trading Limited or the ultimate beneficiaries to the fundraising activity. It is important to note that a Fundraising Beneficiary may disapprove of and may not wish to be involved in, dangerous fundraising activities or unusual challenges by other Users. It is the User's responsibility to check with the Fundraising Beneficiary first that the chosen activity does not contravene their specific policies or expectations.

Spark Foundation must reserve the right, at our absolute discretion, and without notice, to cancel a Givealittle Page at the request of the Fundraising Beneficiary (in their absolute discretion) deems a fundraising activity inappropriate or unnecessarily dangerous in pursuit of donations.


Passwords & Security

All Users are responsible for keeping personal login information safe, private and secure at all times. This means:

(a) not allowing any other person to use their login information or hold themselves out as the User;
(b) not disclosing, or allowing a copy to be discovered of the login information of the User.

Spark Foundation may lock or restrict certain User data or information from being edited after first entry, post moderation or verification for security purposes, such as nominated bank account information.


Termination

We reserve the right to reject any User registration, Givealittle Page or terminate a registered User without cause or any obligation to discuss the matter with that User.

Without limiting this absolute freedom, we may terminate a User if:

(a) a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its conduct in using the Website;
(b) if the User breaches these Terms;
(c) if you attempt to login as another User other than at the express and constant direction of that User (where the registered User is not capable of logging-in due to a disability); or if we deem the User's behaviour to be unacceptable (as solely determined by Spark Foundation).

Users registered more than once without our express consent may have all of their Givealittle registrations cancelled.


Withheld Approval or Suspension of Services

We may at any time, without notice, withhold approval as part of the moderation process or suspend a User's access or use to part or all of the Givealittle service:

(a) if a User creates Content which is, or is suspected to be in breach of the Terms and the Givealittle Code of Conduct (at the sole discretion of the Spark Foundation);
(b) for such time as is necessary for any system maintenance determined by us to be necessary from time to time and, where possible, after giving the User as much advance notice as is reasonably practical in the circumstances;
(c) to reduce or prevent interference with our systems or the Givealittle service;
(d) if required to do so, as a result of a direction from any government, law enforcement or other authority; or
(e) if a User is in breach of these Terms.

The obligations of a User under these Terms of Use shall continue to apply through any suspension. No liability shall attract to Spark Foundation or Spark New Zealand Trading Limited as a result of any suspension under this section.


Code of Conduct

The integrity of the Givealittle service is dependent upon all Users conducting themselves in a responsible and legal manner. Spark Foundation operates a moderation, approval and verification process in a best effort to ensure all Users and Content complies with standards required for a healthy public giving community.

Breaches requiring immediate remedy or invoking termination include (but are not limited to):

(a) An attempt to use the Givealittle service to raise funds for activities or intentions which are directly or indirectly illegal according to New Zealand law;
(b) Misrepresentation of identify or affiliation with any other person or organisation;
(c) Using Givealittle to send junk email or "spam" to people contrary to the Unsolicited Electronic Messages Act 2007;
(d) Using Givealittle to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like; and
(e) Using Givealittle to facilitate product or event ticket sales where the Fundraising Beneficiary has Donee Tax Status
(f) Interfering with, or disrupting, the Givealittle service or services or networks connected with Givealittle, or introduce any computer virus (including any bug, worm, Trojan, robot, spider, scraper, or other automated virus) which may be harmful to our system.

The User covenants in respect of any Content uploaded on the Website that it does not:

(a) Infringe any intellectual property rights of any third party;
(b) Detrimentally affect the brand or reputation of Givealittle, the Spark Foundation, Spark New Zealand Trading Limited, any other User or any affiliates or partners of Spark Foundation;
(c) Be misleading as to the nature, type, service, intentions or benefits resulting from donations to the Content;
(d) Contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
(e) Encourage, counsel, incite or suggest any criminal or unlawful acts;
(f) Pray on individual groups by virtue of their circumstances;
(g) Contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and
(h) Promote or provide inflammatory or demeaning opinions of an individual or group.

Spark Foundation actively moderates Givealittle Pages and activity by Users to maintain a high standard of user generated Content and ultimately reserves the right to remove or edit any Content posted on Givealittle at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms. If a User notices any such content, please email us at helpdesk@givealittle.co.nz.

We expect Users to take responsibility in using the internet and the Givealittle service with courtesy and responsibility, and be familiar with, and practice good etiquette (as deemed by Spark Foundation). Any breach of the Code of Conduct policy is deemed a breach of these Terms.


Privacy

We collect personal information about Users when they use Givealittle. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the Content viewed.

The User agrees to allow Spark Foundation or Spark New Zealand Trading Limited the right to use any personal information collected in pursuit of the Spark Foundation achieving its goals and to provide better services to Users.

The User agrees that previous donation or fundraising history (as the case may be) can be published online (at the discretion of Spark Foundation). We shall not detail amounts donated by any particular Donor unless that User has otherwise given their express consent via their donation settings and My Givealittle privacy settings.

Spark Foundation and Spark New Zealand Trading Limited will not sell or knowingly allow third parties to access the personal information of a User without the consent of the User. Despite this Spark Foundation reserves the right to release other personal information where we believe (acting on honest belief) release is required to:

(a) Comply with the law (either at the direction of a court or by a person exercising some statutory authority);
(b) Enforce these Terms or assist a person for whom these Terms are deemed to benefit;
(c) Protect any intellectual property rights of Spark Foundation, the Users or other third parties; or
(d) Meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of Spark Foundation disclosure is desirable to maintain the integrity of the Givealittle service and/or its Website e.g. enquiries from international authorities in respect of anti-money laundering activities.

In the instance of release under (d) Spark Foundation will advise a User if information has been released (but not necessarily the details of the information released) provided that such disclosure will not attract any liability to Spark Foundation.

In addition to the above, the Privacy Policy forms part of these Terms. By agreeing to these Terms you also give your consent to the way we may handle your personal information under that policy. You can access that Privacy Policy here.


Donor Trust & Confidence

It is important to note that not all Fundraising Members and Fundraising Beneficiaries on Givealittle are registered New Zealand charities under the Charities Act. We endeavour, through the Spark Foundation verification process, to identify whether a Fundraising Member or Fundraising Beneficiary has:

(a) Registered Charitable Status; and/ or
(b) Donee Tax Status
(c) A Verified Bank Account.

Undertaking the Spark Foundation verification is an optional process for Fundraising Members and Fundraising Beneficiaries to increase public trust and confidence in their Givealittle Page.

Givealittle provides Donors with a Donor Confidence Key on all Givealittle Pages where donate or pledge functionality is enabled. This key provides Donors with important information collected by the Spark Foundation to support informed, independent donation decision making by all Users. All reasonable efforts will be taken to ensure that information is accurate when moderated, approved, verified and displayed in the Donor Confidence Key, however no liability shall attach to the Spark Foundation in the event of mistake or error in the moderation, approval or verification process.


Taxation and Accounting Matters

It is important to note that the Spark Foundation is not an accounting, taxation or financial adviser for donations, and Users should not rely on any information given on Givealittle to determine the accounting, tax or financial consequences of making a donation or using Givealittle to fundraise.

We strongly recommend that all Users consult with their own adviser(s) about any accounting, taxation or financial consequences. This is particularly important if:

(a) a Donor requires a tax rebate for their donation, in which case the Donor is responsible for verifying the donee status of the Fundraising Member
(b) a Fundraising Member is establishing a Givealittle Page for their own cause, in which case the Fundraising Member is responsible for any tax associated with any donations (and indemnifies Spark Foundation from any liability in this regard)
(c) a Fundraising Beneficiary is required to account for or audit all donations raised by third party entities.


Intellectual Property

Spark Foundation (and any person who it licences from, as applicable) owns all Intellectual Property Rights. A User must not:

(a) assert any ownership or rights in respect of the Intellectual Property Rights;
(b) must not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly (by allow anyone else to do so);
(c) exploit, sell or generate profit from the Intellectual Property Rights.


Any content on Givealittle owned by Spark Foundation, Fundraising Members, Fundraising Beneficiaries or any other providers approved by us, is protected by the applicable intellectual property and proprietary rights and laws. No use of Givealittle Content is permitted without the express prior consent of Spark Foundation, and where applicable, the intellectual property right holder. Enquiries and permission requests may be sent to helpdesk@givealittle.co.nz.

The User warrants that all Content uploaded or shared by him/her/it, either from their own computer or another website/server, are either created or owned by the User, or the User has the necessary licences, rights and permissions to use the Content.

By using Spark My Potential, the User consents to Spark and Spark Foundation using their name, city/town of residence, and the User’s Content for publicity purposes without compensation.

The User acknowledges and agrees that upon receipt and notice of any claim under this section, Spark Foundation may immediately remove any content from Givealittle without liability. Any claims of any complaining party shall be referred onto the User for their attention.


No Warranties

We will utilise our reasonable efforts to maintain an acceptable performance of the Givealittle service and our support of Users, however we do not guarantee continuous operation of the Website, our support services or integrity of the data stored or transmitted via Givealittle, internet or any services. This warranty replaces all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).


Limitation of Liability

Spark Foundation and Spark New Zealand Trading Limited are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of the Website and our services whether foreseeable or not. Termination of the User's contractual relationship with Spark Foundation shall be the sole and exclusive remedy for any and all damages or injuries suffered by a User.

Despite any other provision in these Terms, if we are determined liable to a User for losses, our liability is limited to a maximum amount equal to funds donated by the User or received to the benefit of the User.

The User indemnifies and holds Spark Foundation, Spark New Zealand Trading Limited, its subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:

(a) the Users use or misuse of Givealittle;
(b) the Content uploaded by the User;
(c) the violation of laws, rules, regulations or terms in these Terms;
(d) any activities arising out of the use of a User's Givealittle account; or
(e) infringement by any Content uploaded by the User (or somebody using the User's account) of any intellectual property or any other right of any person or entity.

Spark Foundation reserves the right, at its own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by the User, in which event the User agrees to cooperate with Spark Foundation in asserting any available defences.


Jurisdiction

These Terms are governed by the laws of New Zealand. The User submits to the non exclusive jurisdiction of the Courts of New Zealand.


Dispute Resolution

A User will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms ("Dispute") unless the User has first complied with this section.

Where any Dispute arises, a representative of the User and Spark Foundation will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.

Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.


General

If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.

No representation made by us, Spark New Zealand Trading Limited, our suppliers, our marketers, agents, employees or any other person so authorised by us shall be binding upon Spark Foundation if:

(a) made before the existence of the registration of the User and not included in these Terms; or
(b) subsequent to the date of registration of the User and not in writing.

Where any provision is expressed as being for the benefit of a party who is not a party to these Terms then that provision is made for the benefit of that third party for the purposes of the Contracts (Privity) Act 1982.

Notices under these Terms of Use shall be in writing and shall be deemed given when delivered:

(a) Personally – when they are received;
(b) By email – upon confirmation of receipt;
(c) By overnight mail or conventional mail – two business days after sending.


Defined Terms

In these Terms, unless the context otherwise requires:

"Charities Act" means the Charities Act 2005.

"Content" means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality provided by the User.

"Donee Tax Status" means registered donee status under the Tax Legislation for a Non Profit Organisation which allows a donee to claim a Tax Credit.

"Donor" means Users who make payments on a Givealittle Page to a Fundraising Member.

"Donor Confidence Key" means User supplied information that supports donor decision making.

"Fundraising Member" means Users who register under Givealittle to raise funds from Donors.

"Fundraising Beneficiary" means Users who register under Givealittle and who are the direct recipients of donations raised by a Fundraising Member.

"Givealittle", "Givealittle service", "we", "us" and "our" means Spark Foundation.

"Givealittle Page" means a Content generated by a User for fundraising purposes, specifically profile, cause, champion and event page types.

"Intellectual Property Rights" means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, Content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same in respect of the Website, any software developed by us and applied in the Website, and any underlying materials contained on the Website.

"My Givealittle" means an account maintained by Spark Foundation for Users to record any funds raised, any donations made or a balance of funds available for that User to donate.

"Non-Profit Organisation" means any not-for-profit organisation which may or may not have Registered Charitable Status and/or Donee Tax Status.

"Registered Charitable Status" means a registered charity under the Charities Act.

"Taxation Authority" means the Inland Revenue Department or any other governmental body administering Donee Tax Status.

"Tax Rebate" means any donation rebate allowable to a Member under Tax Legislation for making a donation to an organisation.

"Tax Legislation" means all applicable tax laws in New Zealand from time to time.

"Terms" means these Terms of Use together with any privacy policy and/or acceptable use policy.

"Spark Foundation Verified" means a status applied for by Non-Profit Organisations which indicates that Spark Foundation has undergone the following checking process on that Non-Profit Organisation:

(a) Verified its name and registered number matches the details contained on the Charities Register website (www.charities.govt.nz);
(b) Checking with the Tax Authority that the Non-Profit Organisation has Donee Tax Status; and
(c) Obtaining from the Non-Profit Organisation a copy (by facsimile or a PDF scan) of a bank deposit slip showing their bank account details.

"User" means a Donor, Fundraising Member, Fundraising Beneficiary or visitor to Givealittle (as applicable).

"Voucher" means a unique pre-paid code that can be applied to a Fundraising Beneficiary via a donation.

Spark My Potential Terms


In addition to the Standard Terms, the following terms apply to Projects that are part of the Spark My Potential programme on Givealittle (“Spark My Potential Terms”):

  • Spark My Potential (the “Programme”) including the sparkmypotential.co.nz website is promoted by the Spark Foundation and Spark New Zealand Trading Limited (together “Spark”).
  • The Programme is invitation only.
  • The Programme is intended to provide additional support (expert coaching, connections and where applicable variable matched crowd funding) to invited Givealittle users (“Individual”) with qualifying Projects that align with Spark’s objective of helping individual New Zealanders realise their dreams.
  • The Programme is powered by Givealittle and is subject to the same standard terms and policies of Givealittle.co.nz (“Givealittle Terms”).
  • The Programme commenced on 08/08/2014 and will continue at the sole discretion of Spark.
  • Anyone can create a proposal for a Project in the “Spark My Potential” category on Givealittle and express their interest in being considered for the Programme.
  • A representative of the Programme may be in contact with an Individual with a Project in the “Spark My Potential” category and request further information to support consideration for the Programme.
  • Following an assessment by Spark, a formal invitation to join the Programme may be offered to any individual (“Invited Participant”) who:
    • is a New Zealand resident,
    • is 14 years and above, with parental consent required for users under 18 years
    • has provided additional personal information via the Participant Information form at Spark’s request and consented to third party checks such as credit checks and/ or criminal record checks,
    • has engaged with a Spark Coach regarding the Project outcome, process for delivery, financial information (budgets) and any other information required to facilitate an initial assessment of suitability,
    • has a qualifying Project that meets Spark’s strategic objectives for the Programme,
    • has accepted these Spark My Potential Terms and the Standard Terms.
  • In addition, all Individuals and Invited Participants are required to disclose pre-existing connections to Spark including being an employee, agent, contractor, consultant to Spark or having a Spark employee in their families (including de facto spouses) or relationship to other persons assisting with this Programme.
  • A qualifying Project will:
    • be complete with all requisite and standard text, images and member information for a compliant Givealittle Page
    • moderated as per Givealittle’s Content Management policy
    • Donor validated as per Givealittle’s Content Management policy
    • deliver against the purpose of the Programme as determined by Spark
  • All Programme content must be entirely the Invited Participant’s original conception. Design or ideas which are found to be copied from another source will be immediately removed from the Programme. Where a Project represents a group interest, all Selected Participants with ownership and decision making rights must consent to participation in the Programme and agree to individually supply information via the “Participant Information Form”.
  • Accepting an invitation to the Programme constitutes the Invited Participant’s consent for Spark to use their name, city/town of residence and Project information (including photographs and video) for Programme or Spark publicity purposes without compensation.
  • Accepting an invitation to the Programme constitutes the Invited Participant’s commitment to deliver on their Project to the best of their ability.
  • On acceptance of an invitation to join the Programme, an Invited Participant will be assigned a coach, a support process will commence and the Project will be migrated from Givealittle.co.nz to Sparkmypotential.co.nz.
  • As part of the Programme and at Spark’s sole discretion, a period of matched fundraising may be offered by Spark before the Project reaches its target or deadline for fundraising.
  • Matched fundraising offers will be selected and authorised by Spark and Invited Participants will be advised either in person or by phone and/or email at least 3 hours prior to the start of the matching period.
  • At its sole discretion Spark will determine the value and timing of matched fundraising based on the Invited Participant’s demonstrated commitment to the Programme and a Project’s independent fundraising momentum.
  • The decisions of Spark on all matters relating to this Programme are final and no correspondence will be entered into.
  • Spark reserves the right to continue to monitor and verify details of Project activity after fundraising has concluded and request additional information on behalf of all donors in accordance with Givealittle terms.
  • You may list as many Projects as you like for the duration of this Programme.
  • Spark reserves the right to withdraw a Project and/or Invited Participant from the Programme for any reason.
  • Spark reserves the right to withdraw a matched fundraising offer or seek reimbursement for all Project funds for any Invited Participant that is withdrawn from the Programme or has failed to meet the commitment set out in their Project.
  • Spark reserves the right to amend these Spark My Potential Terms without notice and in its absolute discretion cancel the Programme at any time and without prior notice.
  • Spark is not responsible or liable for any loss or liability, or for any problems or technical malfunction which may result in delay or failure of a Project as part of this Programme.

To the extent permitted by law, Spark excludes any liability it may have to you arising directly or indirectly out of or in connection with this Programme.

  • In accepting an offer to be matched, you agree that some adjustments may be made to your Project by Spark in order to make it suitable for Spark’s communication purposes.
  • Any personal information collected as part of this Programme will be held by Spark in accordance with its privacy policy. You have the right to access, update and correct such information.

Content Management


Givealittle.co.nz is an online fundraising platform for user generated Kiwi causes.

Through Givealittle, Spark Foundation provides universally available, secure online donation technology for all Kiwis, offered on a zero fees basis to ensure connectedness and generosity at times when New Zealanders and New Zealand based organisations need public help and fundraising.

It is our view that censoring Givealittle pages on a values basis may limit Givealittle's ability to be a true reflection of the diverse ways Kiwis express generosity. To uphold these open values Givealittle must actively monitor and manage abuses that compromise our ability to provide this service and preserve the freedom of giving and receiving that it encourages. The Givealittle service team undertakes content management in line with the Terms and Code of Conduct, using the following methods:

Moderation

Givealittle follows commonly accepted boundaries and community standards for user generated content. All Givealittle pages must pass a review by a Givealittle moderator before being flagged as acceptable for the public browse pages and search functions. Moderation includes, but is to limited to, checks on:

  • Verifiable data, i.e. donee tax status, Charities Register, MOE database
  • Good taste and decency
  • Legal activity
  • Clear stated intentions for funds raised
  • Free from graphic content or profanity
  • Clear real world identity
  • Evidence of New Zealand affiliation
  • Respect for third party intellectual property
  • Respect for third party privacy
  • Full compliance with Givealittle Terms
  • Full compliance with User Code of Conduct

Visibility Restrictions

A lightbox notice is displayed on a page until it is fully approved by Givealittle. Pending approval status does not limit the ability for Givealittle pages to be shared to the personal contacts of the registered user.

Donor Validation

A lightbox notice is displayed on a page until it has received 3 donations from 3 independent parties. A page will not display in the search or browse of Givealittle until donor validation has been achieved.

Locked Data

Certain data and information provided by Users is locked after first input and review to prevent unauthorised changes and to protect the integrity of the fundraising process for all Donors.

Entity Verification

Spark Foundation facilitates a comprehensive bank verification process for the purpose of a universal payroll giving programme at Spark New Zealand Trading Limited. Organisations that complete this process with the Spark Foundation will be available to be selected to receive payroll giving donations from Spark employees. Givealittle also uses this verification status in the Donor Confidence Key on every Givealittle profile, cause and champion page.

Once awarded Spark Foundation Verified status, your Givealittle information in the Donor Confidence Key will be updated and you will be notified via an email from Givealittle.

The following organisation types can become Spark Foundation Verified:

  • Registered New Zealand charities
  • Not for profit organisations with donee tax status
  • State and state integrated schools
  • Early childhood centres that hold charitable status

To complete the verification process, please complete the Spark Foundation online verification form.

From time to time, Spark Foundation may also request evidence of identity or bank account from any Fundraising Member or Fundraising Beneficiary to satisfy itself in relation to these Terms or associated payment processes.

No Endorsement

Endorsement of content by the Spark Foundation or Spark New Zealand Trading Limited is to not to be inferred from automated display on Givealittle.

Individual Donor Responsibility

We respect the individual freedom of Users to donate on Givealittle pages where there is personal trust and confidence in the Fundraising Member and Fundraising Beneficiary. We expect all Givealittle users to exercise their own good sense and judgement in determining whether a Givealittle page offers a satisfactory impact or result in return for their donation. Givealittle strives to provide the best tools and information to donors to help make good independent decisions about online donations.

Fundraiser Responsibilities

We expect all Users to take ultimate responsibility for the causes they create on the Givealittle. This includes ensuring that content created under a registration is authored by the named, registered User, and not by third parties.

Enforcement

If you encounter a Givealittle page that you believe violates the Givealittle Terms, User Code of Conduct or this Moderation statement, please report it to us using the 'Report this page link located in the Donor Confidence Key. The Givealittle service team reviews these flags for policy violations.

Givealittle User Code of Conduct


This policy sets out the Spark Foundation's expectations for how public users manage their use of Givealittle in order to protect the unique trust and confidence required for a healthy New Zealand giving community.

This policy applies to all users of Givealittle including Fundraising Members, Fundraising Beneficiaries, Donors and browsing visitors.

When you use Givealittle for any purpose you agree to:

  • generally, abide by the Terms and agree to the Spark Foundation's right to actively monitor and engage with users around registration and activity under the detailed standards of the Terms
  • be honest and factual in all representations and information you make publicly available on Givealittle Pages
  • be co-operative and open in all interactions other Users, the Givealittle service team, the Spark Foundation, Spark New Zealand Trading Limited or other representatives
  • comply with all New Zealand law when considering your fundraising purpose or intentions for funds raised on Givealittle
  • take full responsibility for fulfilling your personal obligations, including any legislative, reporting or compliance requirements arising from receiving funds raised or making donations using Givealittle

When using Givealittle to fundraise online for an organisation, cause, event or individual need, you agree to:

  • generally, abide by Givealittle's Terms and agree to the Spark Foundation's right to moderate your Content and verify the data and information you provide
  • represent your fundraising purpose and intentions honestly with the most complete and factual information
  • use all funds you raise on Givealittle for the purpose you advertise on your Givealittle page
  • provide regular updates to donors and champions using the tools provided
  • respond to all questions and requests for information from Users, the Givealittle service team, the Spark Foundation, Spark New Zealand Trading Limited or other direct representatives of Givealittle promptly
  • immediately update your Givealittle page if your fundraising purpose or intentions for use of funds raised changes or you are not able to meet your good faith obligations to donors
  • co-operate with the Givealittle service team in the event that your fundraising purpose is interrupted, discontinued or unable to proceed for any reason

And when using Givealittle to donate online you agree to:

  • respect the role of the Spark Foundation as the enabler of Givealittle as a free public service, not a regulator of charitable purpose in New Zealand
  • respect the freedom of all Givealittle users to donate freely online
  • respect the freedom of all Givealittle users to fundraise responsibly
  • immediately contact helpdesk@givealittle.co.nz if the legitimacy of an organisation, cause or individual providing information on Givealittle is in doubt

For further information about the Givealittle Code of Conduct, or to report a breach of this code, please contact us or email helpdesk@givealittle.co.nz.

Privacy


Spark Foundation is 100% committed to protecting your privacy. Givealittle facilitates donations from Users and we recognise that donating is a very personal process so we take every precaution with the way we capture and use your personal information.

For detailed information please review our Terms and Givealittle Code of Conduct.

Your Personal Information

Under the Privacy Act 1993 (New Zealand law) you are able to access any personal information provided via the Givealittle service and held by Spark Foundation about you, and correct or update your personal information at any time.

The Givealittle user registration process requires minimal personal information (i.e. name and email address).

Some Givealittle pages require additional information to be able to facilitate robust services for you and donors.

Spark Foundation or Spark New Zealand Trading Limited will never sell or rent your personal information to a third party or disclose your individual Givealittle donation or fundraising activity outside of the privacy settings or permissions you give through the donation process. Spark Foundation and Spark New Zealand Trading Limited will always aggregate and de-personalise donation and fundraising data for the purposes of promotion and public reporting of Givealittle activity.

Your personal information may be available to independent auditors as required from time to time for the Spark Foundation's charitable reporting purposes.

Your personal information will only be disclosed if public authorities (including government agencies with statutory law enforcement responsibilities) require access to your details:

  • to investigate legal compliance
  • to assist with court proceedings

Spark Foundation may use your personal information:

  • to contact you when necessary about your activity on Givealittle or you're My Givealittle account
  • to provide you information about our Foundation or changes on Givealittle
  • to enforce or apply our Terms
  • to protect the property, rights, or safety of Spark Foundation, Spark New Zealand Trading Limited, our users, or others.

Our general policy is to contact our members by email, however other means of contact may be used (if other contact information is available).

Givealittle Users are able to contact us at any time to verify if your personal information has been provided in any of the above circumstances.

Updating Your User Information

Givealittle enables you to change or update your personal information, including your password, email address and profile information through your My Givealittle page. We will store any prior email addresses held against your profile to uphold compliance with our Terms.

Closing Your Account

To have your user account removed from Givealittle entirely; please contact us at helpdesk@givealittle.co.nz.

User Security

You are personally responsible for ensuring the security of your user name, email address, password, profile information and donation details. We recommend you do not disclose your user registration details to any third parties. If you choose to share your personal information, including registration details with a third party you are responsible for any actions taken with this information and access.

User Communication

Spark Foundation only sends you email communication you agree to receive as a Fundraising Member, Fundraising Beneficiary or Donor on Givealittle, in addition to mandatory emails relating to registration and donations.

Other email communications can be managed through your My Givealittle page. You can be removed from any mailing list upon request.

From time to time, Spark Foundation or Spark New Zealand Trading Limited will send newsletters and other communications to Users. These communications will contain instructions for how you can 'unsubscribe'.

Payment Security

We are 100% committed to protecting the security of your personal information, including credit card information. Givealittle does not hold your credit card details. Spark Foundation uses Payment Express to process online donations (please review their Privacy Policy).

Please make every effort to protect against unauthorised access to your Givealittle registration details and to your computer.

Cookies

Cookies are small pieces of information stored on your computer's hard drive when you access a website (and are also delicious with a hot drink). Most websites use cookies to provide useful features for their visitors.

Givealittle uses 'session' cookies, which are removed from your computer once you leave the Givealittle site. Session cookies are used so we can remember that you have logged in recently without prompting you to do so again. We use Microsoft Active Server Pages which require the use of session cookies. Session cookies expire and are deleted after 20 minutes of inactivity on the Givealittle site.

Givealittle also uses 'persistent' cookies to individualise our service. We use them as a protection tool for our members and to provide us with data (such as the frequency and duration that members visit Givealittle). Persistent cookies enables us to track members on Givealittle and recognise members that abuse the Givealittle site.

Other Information

Spark Foundation collates additional information to better understand our Givealittle users, including the site that you've just visited, the site you visit next, your browser and IP address.

Your IP address makes up part of your personal information and as such will only be given to legal institutions and authorities in events as described above. This data is stored securely. We may also collect messages you choose to post, and feedback you leave for other Users on Givealittle. Any correspondence you send us, such as letters or emails, or correspondence from other members or third parties that relate to your activities on Givealittle may be collected.

Third Parties

Givealittle may link to third party sites for the benefit of Users. Givealittle does not control the content, privacy policies of these sites or endorse these organisations except where expressly stated.

Privacy Policy Updates

From time to time changes we make to Givealittle will require that we update this privacy policy. Please check back here to get the latest version. If you have any questions about our privacy policy please contact us at helpdesk@givealittle.co.nz.



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