Terms of Use

The Good Registry

Date of Last Revision: May 2023

This website located at thegoodregistry.com (Website) is owned and operated by The Good Registry Limited, (The Good Registry, we, us or our).

This page outlines the Terms of Use when using our Website. 

By using this Website, and in consideration of The Good Registry providing you with access to the Website, you agree that you have read, understood and accept that these Terms of Use govern your access to, and use of, the Website and you agree to comply with them.

We reserve the right to amend these Terms of Use from time to time.  The latest version of these Terms of Use will always be available on our Website. By continuing to use the Website after any changes to our Terms of Use, you are deemed to have accepted and shall be bound by those changes. If at any time you no longer agree to our Terms of Use, you must immediately discontinue using the Website.  

In these Terms of Use, unless the context otherwise requires:

“Charity” means a not-for-profit organisation which is a Charitable Entity under the Charities Act 2005 and/or a Donee Organisation under Tax Legislation that we have approved to be able to receive donations via the Website. “Charity” includes the plural “Charities”.  

“Content” means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality created by you or us.

“Dispute” means a question, difference or dispute relating to these Terms.

“Gift Cards” means Gift Cards issued by The Good Registry for the purposes of facilitating a donation to a Charity or Charities.

“#GiveSimply Donations” means donations made via the Website to a Charity or Charities.

"Intellectual Property Rights" means all trademarks, 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.

“Registries” means the gift registries created to facilitate donations in lieu of gifts for an event.

"Registry Page" means a page on the Website created for each Registry, for fundraising purposes and includes all content on that page.

"Service Fee" means the 10% fee which is levied on all donations made via the Website, comprising a payment platform provider fee and a management fee.

"Taxation Authority" means the Inland Revenue Department or any other governmental body administering the recognition of Donee Organisations.

"Tax Credit" means any donation rebate allowable under Tax Legislation for making a donation.

"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.

Overview

The Good Registry facilitates online fundraising to not for profit organisations, via the Website that is owned and operated by The Good Registry. Funds donated via the Website are received, receipted and administered by The Good Registry Trust. Donations are facilitated through the use of Registries, Gift Cards, Charity Polls and #GiveSimply Donations.  

Registries

In lieu of gifts, Registries can be created to facilitate donations to a selected Charity. Each Registry will have a Registry Page which can be created by completing the sign-up process on the Website. In order to sign-up via the Website you must meet the following criteria: 

• be at least 16 years old or have parent or guardian consent; and
• in all other respects be able to enter into a legally binding contract that is enforceable against you.

A Registry Page is accessible by the public and will specify:

• the event being used to collect donations in lieu of gifts for;
• the selected Charity that will receive an amount equivalent to the donations (less the Service Fee); and
• the closing date for the event. 

Minimum donations of $1 can be made via a Registry Page at any time up until 10 days after the closing date. We will remove Registry Pages from the Website 10 days after the closing date for the event unless earlier in accordance with these Terms. 

Donations from Registries are aggregated per Charity and the donations less the Service Fee are then paid to the nominated New Zealand bank account of the Charity between the 20th and 22nd day of the month following the closing date of the event.

Gift Cards 

Gift Cards can be issued for a minimum of $10. At the time of purchase an unconditional non refundable donation is made. The value of the donation is held by the Good Registry Trust until the recipient of the Gift Card selects a Charity or Charities to allocate the donation to. Once issued, a link and code is provided to the purchaser of the Gift Card that can then be shared with the recipient. 

Recipients of Gift Cards can redeem the Gift Card by accessing the link provided, choosing the Charity, and then entering the code on the Website. Recipients can select more than one Charity to allocate the donation to. Allocations must be a minimum of $5. Donations, less the Service Fee are aggregated per Charity and paid to the nominated New Zealand bank account of the Charity quarterly.  

Gift Cards are non-refundable and cannot be redeemed for cash. Where a Gift Card has not been redeemed within 6 months from the date of issue, we may choose to allocate the funds to a Charity of our choosing either directly, by competition, or any other method. 

Charity Polls

Charity Polls are created by the Good Registry upon request. A request must include:

• The amount to be donated, which must not be less than $500. 
• Up to six selected Charities that voters may vote for. 
• How the funds are to be distributed based on votes. (i.e all to the Charity or Charities with the most votes, or to all Charities proportionately based on votes).
• The end date for the Charity Poll.

Once the Charity Poll is created we will provide a URL which can be shared to facilitate voting. Votes can be placed up until the end date. Within a week after the end date of the Charity Poll, we will advise the results via email. Donations are aggregated per Charity after the end date of the Charity Poll. The donations less the Service Fee are paid to the nominated New Zealand bank account of the Charity between the 20th and 22nd day of the month following the end date of the Charity Poll.

#GiveSimply Donations 

#GiveSimply Donations can be made to Charities via the Website. #GiveSimply Donations, less the Service Fee are aggregated per Charity and paid to the nominated New Zealand bank account of the Charity quarterly. 

Donation Method

Donations made via the Website are immediate, non-refundable, non-transferrable and non-disputable. Donations can be made by using a valid credit card or debit card, by bank deposit or direct payments via POLi. 

Transactions processed through POLi (polipay.co.nz) are subject to the policies and terms of POLi. Beyond any obligations as a merchant which we are not able to exclude, we assume no responsibility for such transactions. 

Credit card transactions are processed through a third-party payment processor called Stripe (stripe.com) and are subject to the policies and terms of Stripe. Beyond any obligations as a merchant which we are not able to exclude, we assume no responsibility for such transactions. 

Where there has been an unauthorised use of a credit card to make a donation, and it is proven, then that donation will be refunded by The Good Registry Trust to the used credit card. If any part of the donation has already been on-paid to a Charity, the Charity agrees to refund the amount it has received to The Good Registry Trust to enable this obligation to be met.

Registering as a Charity

Registration as a Charity on the Website is by invitation only. When we decide to invite an organisation to be registered on our Website we will provide registration details via email. Registration is free. A Charity must update us immediately if there is any change in their status as either a Donee Organisation or a Charitable Entity or if they cease operating. 

Registered Charities will have the following information displayed on the Website: Their name, the nature of their charitable work, how they might use donations received through The Good Registry, and their website address.

We may remove a Charity’s registration at any time. We will use reasonable endeavours to consult with a Charity prior to removing its registration. 

The Good Registry Service Fee

A Service Fee of 10% will be levied on the gross total donations made via the Website.

The Service Fee will be automatically deducted from any donations. You can see more information about what is included in this Service Fee in our FAQ section. 

Receipts & Refunds

Donation receipts will be automatically emailed for every donation made via the Website. Where a donation of $5 or greater is made, the donation tax receipt may be able to be used to claim a donation tax credit with the Inland Revenue Department. Charities will receive an account statement accompanying payments made by The Good Registry Trust. 

Interest

Any interest earned on donations will be retained by The Good Registry Trust and will be used to contribute to the Trust’s costs. 

Privacy

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 our Privacy Policy here.                                                         

Taxation and Accounting Matters

It is important to note that The Good Registry is not an accounting, taxation or financial adviser for donations, and you should not rely on any information given by us to determine the accounting, tax or financial consequences of making a donation.

We strongly recommend that you consult with your own adviser(s) about any accounting, taxation or financial consequences. 

Intellectual Property

We own all Intellectual Property Rights. No use of our Content is permitted without our express prior consent. Enquiries and permission requests may be sent to [email protected].

You warrant that all Content uploaded or shared by you, either from your own computer or another website/server, is either created or owned by you, or you have the necessary licenses, rights and permissions to use the Content.

You acknowledge and agree that upon receipt and notice of any claim under this section, we may immediately remove any content from the Website without liability.

Removal of Content

You must not incorporate any Content that we, in our absolute discretion, consider inappropriate for inclusion on the Website. We reserve the right to block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice.  We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Website constitutes a violation of their intellectual property rights or of their right to privacy.

The Good Registry is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than The Good Registry. We do not endorse any opinion, view, advice or statement made by any person other than The Good Registry.

No Warranties

We will use reasonable efforts to maintain an acceptable performance of the Website and our support of Website users, however we do not guarantee continuous operation of the Website, our support services or integrity of the data stored or transmitted via the Website, 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

We 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 whether foreseeable or not.                                                      

If, despite any other provision in these Terms, we are determined liable to you for losses, our liability is limited to:

• in respect of a person who purchases a Gift Card or donates funds via a Registry Page, Charity Poll or a #GiveSimply Donation, a maximum amount equal to funds donated by that person in respect of any donation connected to the loss;
• in respect of a Charity, a maximum amount equal to funds received for the benefit of that Charity in respect of any donation connected to the loss;
• in respect of a person who creates a Registry Page or is the recipient of a Gift Card, $1.00 NZD.

You indemnify and hold The Good Registry, its subsidiaries, affiliates, officers, employees and contractors, volunteers and pro-bono partners, and Trustees of The Good Registry Trust harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:

• your use or misuse of the Website; 
• the Content uploaded by you;
• the violation of laws, rules, regulations or terms in these Terms by you; or
• infringement by any Content uploaded by you of any intellectual property or any other right of any person or entity.

We reserve the right, at our own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by any person or entity, in which event the person or entity agrees to cooperate with us in asserting any available defences.

Jurisdiction

These Terms are governed by the laws of New Zealand. You and we agree that any disputes relating to these Terms will be heard by the Courts of New Zealand.

Dispute Resolution

You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms, unless you have first complied with this section.

Where any Dispute arises, you (or your representative) and The Good Registry 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 Resolution Institute standard Mediation Agreement (NZ version). 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.

Harmful Digital Communications Act 2015

The Harmful Digital Communications Act (HDCA) sets out to deter, prevent and mitigate harm caused to individuals by harmful digital communications.  This includes cyber bullying, harassment and revenge porn posted online through emails, text, websites, applications or social media. 

Harmful digital communication and cyber bullying includes:

• sending or publishing threatening or offensive material 
• spreading damaging rumours 
• sending or publishing sensitive personal information such as embarrassing photos and videos.  

Digital communication is defined widely in the Act to include any form of electronic message such as texts, photos, pictures, recordings etc. 

The test for determining what is a harmful digital communication is whether the communication was designed to cause serious emotional distress. This is also very wide in its scope.

If you are deemed to have posted any Content that breaches the requirements of the HDCA or is deemed harmful and/or offensive, The Good Registry may take action by removing specific Content and may notify relevant authorities.