Terms of Use

These Terms of Use were last updated on 27 September 2024.

1. Introduction

The Arts Foundation of New Zealand is a charity registered in New Zealand (registration number CC24256) ('Arts Foundation', 'we', 'us', 'our'). These terms of use (‘Terms’) apply to all users of our website (the ‘Website’) and any other platforms or electronic content provided by us from time to time.

These Terms constitute an agreement between you, the website user, ('you', 'your') and us. Your use of this Website is governed by these Terms and our Privacy Notice. By accessing and using this website you agree that you have read and understood and agree to be bound by these Terms and our Privacy Notice.

2. Privacy

Where we collect personal information about you as a result of your accessing or use of this Website, our Privacy Notice will apply to that information.

3. Project Submissions

When you submit a proposal for funding of a project using this website, our Submission Terms will apply to that proposal.

4. Changes

We may 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 may change these Terms from time to time by amending the Terms and any amendment will be effective from the date the updated Terms are posted on the Website. By continuing to access or use this Website following such publication you accept the revised Terms.

5. Your use of this Website

When using this Website, you must not:

use this Website for any purpose that is unlawful or prohibited by these Terms;
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 our charitable status;
transmit or upload any information to the Website which is not true and correct or which may be misleading or deceptive, or which is in breach of any intellectual property laws, rights or any other applicable law;
either knowingly or otherwise, provide a materially false or fraudulent statement, detail or information when registering an account with us or otherwise in connection with your use of the Website;
alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of the Website otherwise than in accordance with clause 14;
copy, modify, adapt, enhance, decompile, disassemble, reverse engineer or transmit the Website (or any part of them), or attempt to do the same, without our express written consent, except as expressly permitted by the law;
attempt to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Website including any mechanisms used to restrict or control the functionality of the software;
resell, resupply, publish or distribute copies of any materials, data, content or other information made available through the Website, to any third party;
remove any copyright, trade mark, or proprietary rights notices included in or on the Website and any materials or information accessed through the Website;
engage in any conduct that may disrupt or interfere with the operation of the Website or interfere with other users’ use and enjoyment of the Website; and
engage in any other conduct that we in our absolute discretion consider inappropriate.

We 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 the 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 that you 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.

You agree to notify us immediately by email to admin@thearts.co.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 us in relation to one or more projects (a 'Donation'). All Donations made through this Website, or through any other means, are donated to the us and not to any other person.

No amount given to us shall become a receipted donation ('Receipted Donation') except to the extent that we issue a receipt in relation to that amount. We will issue a receipt when we decide, in our absolute discretion, that we will either grant an amount to a project or will allocate a Donation to another purpose (see clause 9 below). Where an amount is granted to a project, we will grant some or all of the amounts of all Donations made for that project after deducting associated administration costs (see clause 10 below).

We may 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, we will either:

using the email address provided by the relevant donor in the donation form, invite the relevant donor to agree that we may allocate such money to a different project, or
refund such money to the relevant donor by crediting their credit card or bank account.

9. Use of Donations for Another Purpose

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

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 we may allocate such money Donation to a different project, or treat it as a donation to the us for our general purposes or other agreed purpose; or
if we hold contact details for the relevant donor, refund such Donation to the relevant donor by crediting their credit card or bank account.

If neither of the above cases apply, we will use such Donations, or part of such Donations, in accordance with our policies and procedures, including Arts Foundation's Deed of Trust (if relevant).

10. Administration Costs

In the event that we grant 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 a Donation through the Website you authorise us or our nominated third-party payment service provider, Stripe, 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 us for a project by 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:

to the extent reasonably possible we will endeavour to treat that Donation as if it were a Donation made through this Website.
you are responsible for providing us with the following information:
– the name of the Boosted project that your Donation is made in support of;
– your contact details, including your name, address, contact phone number and email address; 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.

c. We accept no responsibility for ensuring that such Donations are received by us.

13. Tax

In order to be eligible for hosting on our Website, in particular on our Boosted platform, a project must align with our purpose and objectives as set out in 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 33.33% credit up to the annual net income of the donor. Companies (including unlisted close companies) and Māori 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 https://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 Website, including all materials displayed on, or accessed through this Website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. Unless otherwise stated, copyright and other intellectual property rights in the Website and all material published belong to us or to our licensors (together, 'our intellectual property').

The software that operates the Website may include proprietary software and you may not use such software except as expressly allowed under these Terms. Any other use or purported licensing, modification, enhancement or interference of such elements is strictly prohibited.

Except in accordance with clause 16 or with our prior written permission, you may not in any form or by any means:

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

15. Limited Permission to Use Our Materials

Any trade marks appearing on this Website, in our materials or any part of our materials, belong to us and our licensors. You are not permitted to use or reproduce, or allow anyone to use or reproduce such trade marks for any reason without our prior written permission.

You may copy, download, or store material or content from this Website in the following situations only:

where this Website provides ‘sharing’ functionality (e.g., to share specific content with a third-party social networking website) and you use that functionality; or
for your own non-commercial research or private study, or personal use, provided that you maintain all copyright and other notices contained in it; or
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,

In all cases, you must comply with clause 14 of these Terms and you must not remove, cover, overlay, obscure or change any copyright notices, legends, or Terms that we post on this Website.

16. Indemnification

To the maximum extent permitted by law, you must indemnify us for all losses we incur in respect of any claim or proceedings against us arising out of or in connection with:

your use of this Website;
another person using your user account and/or your failure to keep your username or password secure and confidential as required by clause 7;
any hyperlink, hotlink, or embedding by you as set out in clause 22;
your breach of these Terms; and/or
your negligence,

Except to the extent the losses arise directly due to our breach of these Terms or our negligence.

17. 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 must not use any third party materials in a manner that would infringe or violate the rights of any person. We are 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:

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
may be subject to additional terms and conditions that apply when you use those accounts (or affiliate services, third party content, or third party software).

18. 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.

19. 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.

Third party works: The works of third parties 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 ours. We do not necessarily agree with or endorse the views expressed by any third party or within any third parties' works published on our Website. To the maximum extent permitted by law, we assume no responsibility nor accept any liability for the content of any third party's work published on, or available through, our Website or views or opinions expressed by any third party.

Third party links: 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. To the maximum extent permitted by law, 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.
Content published by us: While we endeavour to supply accurate information on this website, errors and omissions may occur. 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 we accept no responsibility for the performance, non-performance, completion, or non-completion of any project.
Consumer: Nothing in these Terms is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (e.g. the Consumer Guarantees Act 1993). 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 do not apply to this application or those services.

20. Liability

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 warranties of non-infringement or fitness for a particular purpose.

Subject to clause 19 above, to the fullest extent permitted by law, we exclude all liability in relation to the Website whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).

If any or all of the limitations of liability above are held to be invalid in whole or in part, then our maximum aggregate liability to you for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) will not exceed NZD$1.

21. 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.

22. 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.

23. 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.

24. Severability

If any provision of these terms of us becomes or is held invalid, unenforceable or illegal (whether partly or in full) for any reason, that provision (or part of that provision) will be severed from the remaining terms and conditions, which will continue in full force and effect.

25. Waiver

If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition, or our rights to later enforce that or any other term or condition. Further, no waiver by us, in exercising any right, power or provision in these Terms will operate as a waiver of any other right or of that same right at a future time. Any delay in the exercise of any power or right by us will not be interpreted as a waiver of such power or right.

26. Governing Law

This Website is controlled by us, from offices within New Zealand. Information on this Website may not be appropriate for use in other jurisdictions. If you choose to access this Website from outside New Zealand, you do so on your own initiative and you are responsible for compliance with applicable laws of that jurisdiction.

These Terms 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.