Website Terms of Use

BELOW IS THE LEGAL STUFF.  FOR INFO ABOUT LOADING A PROJECT SEE THE ABOUT SECTION.

 

1 Introduction

boosted.org.nz (this 'website') is owned and operated by The Arts Foundation of New Zealand ('Arts Foundation', 'we', 'us', 'our'). These terms of use constitute an agreement between you, the website user, ('you', 'your') and us. You must not access or use this website unless you accept all of these terms of use. By accessing and using this website you agree that you have read, understood and accepted these terms of use, and you agree to be bound by them.

2 Privacy

Where we collect personal information about you as a result of your accessing or use of this website, our privacy policy will apply to that information. Accordingly, these terms of use must be read together with our privacy policy.

3 Submissions for funding

Where you submit a proposal for funding of a project using this website, our submission terms will apply to that proposal. Accordingly, these terms of use must be read together with our submission terms.

4 Changes

We reserve the right to add to, modify, suspend, or remove this website or any information, material, or feature incorporated in this website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on this website.  You should review these terms of use periodically to be aware of such changes.  By continuing to access or use this website following such publication you accept the revised terms of use.

5 Your use of this website

You agree not to use this website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means, or for any purpose that may affect the charitable status of the Arts Foundation. Furthermore you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of this website otherwise than in accordance with section 13 below. The Arts Foundation may impose limits on certain features and services or restrict your access to parts, or all, of this website without notice or liability to you or any third party.

6 Your account

We may provide you with an account login (including a username and password) to verify your identity when you use certain parts of this website including when making donations or submitting proposals. You must ensure your account details are complete and accurate when submitted to us, that the information you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

7 Your username and password

Your username and password are personal to you. You must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make the 'login required' areas of this website available to any other person.

You agree that you are solely responsible for any use of the website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.

You agree to notify us immediately by email to admin@boosted.org.nz of any unauthorised use of your account or any other breach of security.

8 Donations for projects

This website may enable you to give money to the Arts Foundation in relation to one or more projects (a 'Donation'). All Donations made through this website, or through any other means, are donated to the Arts Foundation and not to any other person.

No amount given to us shall become a receipted donation ('Receipted Donation') except to the extent that the Arts Foundation issues a receipt in relation to that amount. The Arts Foundation will issue a receipt when the Arts Foundation decides, in its absolute discretion, that it will either grant an amount to a project or will allocate a Donation to another pupose (see section 9 below). Where an amount is granted to a project, Arts Foundation will grant some or all of the amounts of all Donations made for that project after deducting associated administration costs (see section 10 below).

We reserve the right to remove any project from this website (regardless of whether or not we have received any Pledge in relation to that project).

To the extent that money pledged in relation to a particular project is not ultimately granted to that project, the Arts Foundation will either:

  1. Using the email address provided by the relevant donor in the [donation form ], invite the relevant donor to agree that the Arts Foundation may allocate such money to a different project, or treat it as a donation to the Arts Foundation for its general purposes or other agreed purpose; or
  2. Refund such money to the relevant donor by crediting their credit card or bank account.

Use of donations for another purpose

To the extent that money pledged Donations received  in relation to a particular project is not ultimately granted to that project, including where the Arts Foundation receives Donations that amount to a greater sum than is required for a particular project or receives a Donation after a particular project has closed, the Arts Foundation will either: 

1            Using the email address or other contact details provided by the relevant donor in the donation form for the relevant Donation, invite the relevant donor to agree that the Arts Foundation may allocate such money Donation to a different project, or treat it as a donation to the Arts Foundation for its general purposes or other agreed purpose; or

2            If the Arts Foundation holds contact details for the relevant donor, refund such Donation to the relevant donor by crediting their credit card or bank account; or

If none of the above cases apply, Arts Foundation will use such Donations, or part of such Donations, in  accordance  with Arts Foundations policies and procedures, including Arts Foundation's Deed of Trust (if relevant).

10 Administration costs

In the event that the Arts Foundation grants some or all of the amount of a Donation to a project, we will withhold up to 10% of the Receipted Donations given in relation to such projects to cover the costs associated with administering Boosted and its projects.

11 Online payment process

By making any Donation through this website you authorise us or our nominated third-party payment service provider, Direct Payment Solutions Limited ('DPS'), to charge your credit card or bank account using the details supplied by you. If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. 

12 Manual donations

If you make a Donation to Arts Foundation for a projectby any means other than through this website, including by giving cash, making a bank deposit, or by sending a cheque, the following terms apply to that Donation:

1             To the extent reasonably possible we will endeavour to treat that Donation as if it were a Donation made through this website.

2             You are responsible for providing us with the following information:

  • The  name of the  Boostedproject  that your  Donation  is made in support  of.
  • Your contact details, including your name, address, contact phone number and email address.

3             If you do not provide us with the above information, you acknowledge that we may be unable to (and have no responsibility to) acknowledge your Donation, provide you with a receipt, or contact you if your Donation is not allocated to the Boosted project that you wished to support.

4             The Arts Foundation accepts no responsibility for ensuring that such Donations are received by us.

13 Tax

The Arts Foundation is a registered charity with the Department of Internal Affairs. In order to be eligible for hosting on Boosted, a project must align with the Arts Foundation's purpose and objectives as set out the Arts Foundation Deed of Trust (including being for a 'Charitable Purpose' as defined in the Arts Foundation Deed of Trust). All Receipted Donations from individuals qualify for a 33% credit up to the annual net income of the donor. Companies (including unlisted close companies) and Maori Authorities may be also entitled to a tax deduction for Receipted Donations made to charitable organisations, limited only by the entity's net income. To claim your rebate simply fill in a rebate claim form (IR526), attach a copy of your Receipted Donation receipt and send it to the Inland Revenue Department. For further information, please visit www.ird.govt.nz.

14 Intellectual property

BOOSTED, THE ARTS FOUNDATION, The Arts Foundation logo, and other Arts Foundation trade marks, service marks, graphics, and logos used on or in connection with this website are trade marks or registered trade marks of The Arts Foundation of New Zealand. Other trade marks, service marks, graphics, and logos used on or in connection with this website are the trade marks of their respective owners. You must not use or reproduce or allow anyone to use or reproduce any of the foregoing marks for any reason without our prior written permission in each case.

The materials displayed on this website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through this website including text, illustrations, artwork, photographs, video, music, sounds, layout, designs, computer programs, source code, belong to us or to our licensors (together, 'our intellectual property').

Except in accordance with section 13 below or with our prior written permission, you may not in any form or by any means:

  1. use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way our intellectual property; or
  2. commercialise any information, products or services obtained from any part of this website.

15 Limited permission to use our materials

You are permitted to use, communicate, copy, download, or print extracts of material or content from this website in the following situations only:

  1. where this website provides 'sharing' functionality (e.g. to share specific content with a third-party social networking websites) and you use that functionality. When using such functionality you must comply with section 14 below; or
  2. for non-commercial research or private study; or
  3. where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.

You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on this website.

16 Third-party materials and interfaces

Certain content and materials available through this website (including in relation to a project) may include materials owned by third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any person and that the Arts Foundation is not in any way responsible for any such use by you.

This website may use one or more application programming interfaces to access social networking sites or other accounts. You acknowledge that:

  1. you may be required to grant certain permissions in order for this website to be able to access sites. This may require you to log into those third-party accounts; and
  2. you may also be subject to additional terms and conditions that apply when you use those accounts (or affiliate services, third-party content, or third-party software).

You should familiarise yourself with the terms of use of, and your personal settings and permissions for, those third-party accounts.

17 Feedback and ideas

If you give us feedback about this website or our products or services, we may use that feedback for the purpose of improving our website, products, or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation.  If you provide us with ideas as part of your feedback they will be deemed to be non-confidential and we will not be required to provide any acknowledgement of their source.

18 Disclaimers

You acknowledge that if you rely on this website or any materials available through this website, you do so solely at your own risk.

The third parties works published on this website (including all artists' works), and any views or opinions expressed by those third parties or within such third parties works, are those of the respective third parties and are not necessarily those of the Arts Foundation. The Arts Foundation does not necessarily agree with or endorse the views expressed by any third party or within any third parties'works published on our website. The Arts Foundation assumes no responsibility nor accepts any liability for the content of any third party' work published on, or available through, our website or views or opinions expressed by any third party.

We endeavour to ensure the accuracy of information available through this website and that the content of this website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on this website, or its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose. You acknowledge that the descriptions of the projects hosted on this website may differ from the projects actually undertaken, including in relation to the quality, location, or timing of the project.You further acknowledge that the Arts Foundation accepts no responsibility for the performance, non-performance, completion, or non-completion of any project.

To the maximum extent permitted by law, we provide this website and related information and services on an 'as is' basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

These terms of use shall not limit or restrict any right you may have under New Zealand law, including the Consumer Guarantees Act 1993, if applicable. However, notwithstanding the foregoing, if you are using this application or our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply to this application or those services. 

19 Liability

To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss of business opportunity, loss of revenue or profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website or any material appearing on this website, or from any action or decision taken as a result of using this website or any such material.

20 Availability

Due to the nature of the Internet and electronic communications, we and our service providers do not warrant that this website or any associated services will be error free, without interruption or delay, or free from defects in design.  Your use of this website and any associated services may be subject to interruption, unavailability, restriction, or delay.  We will not be liable to you should this website or the services supplied through this website become, interrupted, unavailable, restricted, or delayed for any reason.

21 Hyperlinks and third party websites

If you create a hyperlink or hotlink to this website or embed this website in another website, you do so at your own risk. You will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink, hotlink, or embedding and you will indemnify us against all claims arising from, or in connection with, that hyperlink, hotlink, or embedding.

This website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site.  We will not be liable for any damages or loss arising in any way out of, or in connection with, or incidental to any information or service provided by any third party.

22 Security and malicious code

All information transmitted to you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this website or any hyperlink.

Although we endeavour to prevent the introduction of viruses, Trojans, worms, or other malicious code (together, 'malicious code') to this website, we do not guarantee that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.

23 Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.  You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

24 Governing law

This website is controlled and operated by us, from offices within New Zealand. Information and products and services on this website have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country.  We make no representations or warranties as to whether or not any information, products or services available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand you are responsible for compliance with applicable local law. 

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use. 

These Terms of Use were last updated on 7 May 2015.