Terms & Conditions
For the purposes of these terms and conditions:
'Cause' means an organisation or person who raises funds through the Kiteflyr Service
'Cause Manager' means a representative of the Cause
'Cause Page' means the webpage on the Kiteflyr Website where the Cause raises funds
'Partner company' means a merchant that has agreed with Kiteflyr to make donations off their products and/or services to Causes through the Kiteflyr Giving Account in accordance with these terms and conditions. See 'Merchant';
'Loyalty programme' means the tool being offered by Kiteflyr which allows a Partner Company to donate part of an offered product and/or service to the Cause of the Supporter’s choice;
‘Loyalty Offer’ means the offer from a Partner Company to donate a percentage of a Supporter’s purchases and/or monthly bill to a Cause of the Supporter’s choice through the Giving Account on the Kiteflyr Service.
'Donation' means monies paid by Kiteflyr at its total discretion to any cause listed with the service, and/or monies donated by Partner Companies as part of their participation in the Loyalty Programme; and/or monies donated by a Supporter through the Kiteflyr Service;
‘Direct Donation’ means monies directly donated by a Supporter to a Cause through debit card, credit card or bank transfer.
‘Donation through the Giving Account’ means donating to a Cause from the money that a Partner Company made available to the Supporter from their products and/or services.
'Kiteflyr Service' means the Kiteflyr website and mobile based donating, advertising and credit/debit card payment service operated by Kiteflyr;
'Kiteflyr website' means the Kiteflyr website owned and operated by Kiteflyr;
'Supporter' means a registered user of the Kiteflyr website;
'Merchant' means any participating vendor, trader, business or company that has agreed to make Goods and/or Services available to Supporters and/or Causes through the Loyalty Programme or Rewards on the Kiteflyr Service; See Partner Company;
'Nominated Bank Account' is the verified bank account nominated by a Cause.
'Redemption period' means the date(s) and time period(s) for which the Reward will be available to be redeemed;
'Rewards' means products and services available on the Rewards section of the website that can be redeemed by Supporters by utilising points in their Rewards-Points account;
'Reward Points' means points that have been allocated to a Supporter's Kiteflyr account that can be redeemed for a Reward offer on the website. These have been earned by donating to a Cause directly or through the Giving Account on Kiteflyr;
'Reward voucher' means the voucher obtained when using Reward Points to redeem vouchers on the rewards section of the service;
‘Reward Offer’ means the offer a Merchant makes on the Kiteflyr Website for Supporters, which includes the specific product and/or service, amount of Reward Points to redeem, Terms & Conditions and general description and merchant information.
‘Member’ means a registered user of the Kiteflyr website; see Supporter
'Venue' means a Merchant who lists his venue on the Kiteflyr website and thereby states to be available for group fundraising events.
'We' 'us' 'our' means Kiteflyr;
'You' means you, the supporter/ purchaser, cause manager or merchant.
1. System availability
1.1 Kiteflyr will use its reasonable endeavours to ensure the availability of the website and the Service, subject to any downtime required for maintenance.
1.2 Kiteflyr takes no responsibility for any system unavailability or for any loss or damage that is suffered as a result of the website or Service being unavailable for any reason.
1.3 Kiteflyr does not warrant that the website or the Service will be uninterrupted or error-free, or that the website will be free from viruses or other harmful content.
1.4 Kiteflyr is not responsible or liable for the corruption of any data or information submitted via the website or held by Kiteflyr.
2.1 You agree to indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a Kiteflyr Deal or Donation, or your use of the website's message boards.
2.2 Kiteflyr takes steps to ensure that information displayed on the website is accurate and complete, but does not guarantee that information on the website is free from errors or omissions and does not accept liability for any errors or omissions. Kiteflyr reserves the right to alter information published on the website if Kiteflyr considers it incorrect or misleading.
2.3 Kiteflyr mobile offerings may detect your location and we will endeavour to ensure we have you in the right location. However, Kiteflyr excludes any liability in the event location information is incorrect.
2.4 The Service and all information and materials on the website are provided "as is" and Kiteflyr does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. Kiteflyr makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on the website.
2.5 To the maximum extent permitted by law (and subject to any rights you have under the Consumer Guarantees Act 1993), Kiteflyr is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of the website or the Service or from the use of, or inability to use, any product or service bought via Vouchers on the website. If, notwithstanding these terms and conditions, Kiteflyr is held liable, then Kiteflyr 's total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount of the Voucher purchased.
3. Intellectual property
3.1 Kiteflyr owns all intellectual property rights on the website, including everything you see on the website, the software and other material underlying the website or that is used by Kiteflyr with the permission of Advertisers. Unauthorised use of Kiteflyr's or any Advertiser's intellectual property may result in civil and/or criminal penalties.
3.2 Kiteflyr is our trademark. All rights in respect to this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
4. If we do not exercise or enforce a right available to us under these terms and conditions, it does not constitute a waiver of those rights.
5. If any provision of these terms is held to be invalid, illegal, uncertain or unenforceable, the remaining provisions will not be affected or impaired.
6. These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
- 1. Use of Kiteflyr Service
1.1 The Kiteflyr Service is an online service operated by Kiteflyr that offers the ability to donate to a Cause and receive reward-points for Rewards. The Supporter can donate directly to a Cause through debit card, credit card or bank transfer payment, or by donating a percentage of their monthly bills through the Giving Account.
1.2 Kiteflyr reserves the right at its sole discretion to decline to provide you with the Service at any time, or to amend, alter or terminate the Service in any way.
1.3 Kiteflyr may send you emails or push notifications relating to your transactions and activities on the website. Kiteflyr may also send regular informative emails (via email or push notification), electronic newsletters and other communications. You will be able to unsubscribe from these emails and newsletters if you wish.
1.4 A Cause you support or donate to may send you emails with updates or update posts applicable to that cause. You will be able to unsubscribe from these emails if you wish.
1.5 To use the Service you must:
1.5.1 Be 18 years old and able to form a legally binding contract;
1.5.2 Ensure that your username and password are kept secure and confidential. Kiteflyr is entitled to act on any instruction issued using your username and/or password unless you notify us otherwise; and
1.5.3 Not post or transmit any information on the website which is illegal, objectionable, false or misleading, infringing the intellectual property rights of a third party or otherwise breaches any policy or guideline issued by Kiteflyr from time to time.
- 2. Donations
2.1 You must register with Kiteflyr and create an account in order to be eligible to make a Direct Donation, donate through the Giving Account or redeem a Reward. This is required so you can log in at a later stage and view/print/redeem your Donations, Points and Vouchers.
2.2 Donations, both direct and through the Giving Account, are immediate, non-refundable, non-transferrable and non-disputable. The minimum donation amount is $1.
2.3 All Direct Donations must be made via credit or debit card or bank transfer (account2account). When you make a Direct Donation, you agree to your credit or debit card or bank account being charged and to these terms and conditions.
2.5 When you choose to make a donation on the website, the by you chosen amount will be deducted from your credit or debit card or bank account. All amounts are displayed in New Zealand Dollars. All payment transactions carried out on this website are processed by DPS (Payment Express) on their secure payment gateway and no credit card data is handled by us directly or stored by us.
2.6 Kiteflyr is responsible for sending all Supporters a donation overview at the end of each financial year, which is set to end on 31 March each year.
- 3. Redemption of reward vouchers
3.1 Vouchers will be made available on the Kiteflyr website and/or by email. Vouchers must be presented to the relevant Merchant for redemption by printing it out.
3.2 Each Voucher has a unique code and can be redeemed only once.
3.3 Your name will be printed on the Voucher and provided to the Merchant.
3.4 Redemption dates/times will be outlined by the Merchant in the terms and conditions section of the voucher. All Vouchers expire on the date specified. No refunds are payable by either Kiteflyr or the Merchant for expired Kiteflyr Vouchers.
3.5 It is at the discretion of the Merchant offering the Voucher as to whether it can be redeemed in conjunction with other offers, deals or promotions.
3.6 You bear the sole responsibility for lost or stolen Reward Vouchers.
3.7 As long as the terms of the Voucher allow it, you may give Vouchers purchased in your own name to another person. However, your name will still be printed on the Voucher and provided to the relevant Merchant.
3.8 Any attempted redemption of Vouchers that is inconsistent with these terms and conditions, or the Voucher terms and conditions, will render the Voucher null and void.
3.9 Once purchased, Vouchers cannot be changed, cancelled, redeemed for cash or refunded.
3.10 The Merchant is responsible for conducting redemption of Vouchers and is liable to you for any damage or loss that may be suffered by you as a result of the provision of any good or service purchased on the Kiteflyr Website.
3.11 Kiteflyr is not responsible for the redemption of any Reward Voucher.
3.12 In the event of any inconsistency between these terms and conditions and the terms and conditions advertised on the Voucher by the Merchant, these terms and conditions will prevail.
3.13 Reward vouchers are purchased using Reward Points. No actual money is paid for the Reward Voucher. By using Reward Points, the Supporter obtains the right to purchase the product or service offered by the Merchant at that stated price/with that stated discount detailed on the Reward Voucher based on the terms and conditions stated on the Reward Voucher.
3.14 Kiteflyr will maintain Reward Points accounts for each Kiteflyr user to record your Reward Points. You can view your Reward Points balance on the 'My Account' section of the website. Reward Points will be added to your Kiteflyr Points account automatically when donating.
3.15 Unless specified otherwise, Reward Points may be used for any Rewards listed on the Rewards section of the Website. The number of Rewards Points required to redeem the offers will be stated in relation to each Reward.
3.16 Reward Points cannot be redeemed for cash as they have no cash value, and can only be used to redeem offers on the Rewards section of the Kiteflyr website.
3.17 Once Reward Points are used to purchase a Reward, this transaction is final and cannot be reversed.
- 4. Loyalty Offers
4.1 We advertise goods and services on behalf of Merchants on our website: all goods and services are subject to the Merchant's availability.
4.2 The relevant Merchants are solely responsible for honouring the terms & conditions of the Loyalty offer. We have no control over and are in no way responsible for the quality, safety or legality of goods/services provided by the Merchants.
4.3 We do not warrant the accuracy or completeness of any material or the reliability of any advice, statement, opinion or other information displayed or distributed via the website. Such material is based on information provided by the relevant Merchant. Reliance on any such information is at your own risk.
4.4 Signing up to the goods/services of a Partner Company with their Loyalty Offer, you enter a contract with that Merchant and their Terms & Conditions will apply to those services. Kiteflyr is in no way involved or responsible for the goods/services promised and/or provided by the Merchant.
- 5. Shopping online
5.1 Only registered users can generate a donation by shopping online.
5.2 A donation will only be generated if you shop at the participating retailer after coming through their page on the Kiteflyr website.
5.3 Retailers can change their terms and conditions at any time, so always ensure you understand their terms, which can be found on each retailer's page on the Kiteflyr website. Kiteflyr is not responsible for any mistakes or missing donations that occur from incorrect online shopping.
- 6. Refunds & Cancellations
6.1 Once donations are made to your nominated cause, a refund will be at the sole discretion of the Kiteflyr management.
6.2 If a Merchant that is supposed to provide goods or services to you under a Reward Voucher closes down, or if that Merchant does not honour your Kiteflyr Voucher under certain circumstances, we can provide a refund of Reward Points at the sole discretion of the Kiteflyr Management.
6.3 If a Merchant that is supposed to provide goods, services and/or donations through their Loyalty offer closes down, Kiteflyr can in no way be held responsible/liable for any losses incurred and cannot be forced to provide these goods, services and/or donations instead.
6.4 If a Supporter returns goods purchased from a Partner Company, the accrued donation in their Giving Account will be debited on their list of Purchases, calculated from the value of the returned goods and the Loyalty Offer of the Partner Company.
- 7. Competitions and promotions
7.1 These Promotion or Competition Rules apply to all Kiteflyr Promotions or Competitions conducted on or off air and by means of any medium online and offline.
7.2 Unless otherwise stated in the rules of a specific competition, registration, entry or vote is limited to 1 per person. Where multiple registrations, entries or votes are acceptable, each must be made separately.
7.3 Entry into the Promotion or Competition is deemed to be acceptance of the Rules and confirmation that the entrant has the necessary authority to enter the Promotion.
7.4 Promotions and Competitions are open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion.
7.5 Kiteflyr reserves the right to exclude any person from participating in Promotions and/or Competitions on reasonable grounds.
7.6 Kiteflyr reserves the right to refuse to award any prize to an entrant who Kiteflyr decides (in its sole discretion) has violated the Rules, gained unfair advantage in participating in the promotion or won using fraudulent means.
7.7 By participating, entrants grant Kiteflyr exclusive permission to use their names, characters, photographs, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
7.9 Only the person who originally entered the Promotion and/or Competition can be awarded the prize.
7.10 The winner will be determined in the manner set out in the Promotion Terms and Conditions, by the party set out in the Promotion Terms and Conditions.
7.11 The party deciding the winner of the Promotion and/or Competition will be deemed the Judge. The Judge's determination of the winner will be final and no correspondence will be entered into.
7.12 The winner of the prize will be notified through email and/or phone if that information has been collected, otherwise the winner will be notified through the medium of entry.
7.13 The winner once notified has one calendar month to return correspondence and arrange collection of the prize, unless specified otherwise in the Promotion terms and conditions.
7.14 The prize is not redeemable for cash or transferable. No other family members, friends, office associates or any other person will be able to claim on the Winner's behalf.
7.15 In the event that the prize specified in the Promotion becomes unavailable for any reason the Merchant may substitute a prize of like or equal value.
7.16 Where the Winner is required to claim the prize in person, they must provide proper identification (eg driver's licence, passport, birth certificate). If the Winner is under the age of 18 years their parent or guardian must give their prior written consent to the award of the prize.
7.17 The Winner accepts the prize entirely at his/her own risk and indemnifies Kiteflyr in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the prize.
7.18 Kiteflyr reserves the right to amend, vary, extend or discontinue a Promotion and/or Competition at any stage, for any reason.
7.19 Kiteflyr takes no responsibility for any inability to enter, complete, continue or conclude the Promotion due to equipment or technical malfunction, busy lines, inadvertent disconnection, texts with a misspelt keyword, texts to an incorrect short code, Force Majeure or otherwise.
7.20 To the fullest extent permitted by law, Kiteflyr will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion and/or Competition entry or winning the Promotion prize.
7.21 Where the prize is to be supplied by an entity outside Kiteflyr's control and that entity fails, for whatever reason, to supply the prize, Kiteflyr has no responsibility for the provision of the prize and is not obliged to provide an alternative prize or to take legal action to require the prize supplier to provide the prize.
7.22 Kiteflyr employees are excluded from participation in any of the Promotions or Competitions.
7.23 Participation in the Promotion is deemed in acceptance of these Terms and Conditions.
- 8. Fundraising Events
8.1 All ticket prices are shown in NZ Dollars and include GST where applicable. Kiteflyr accepts debit cards, credit cards and Account2Account.
8.2 Tickets are sold on behalf of the Cause manager by Kiteflyr Ltd. Do not purchase tickets from any source other than the Kiteflyr website at www.kiteflyr.co.nz. Tickets purchased from any other source may be unauthorised copies and may be refused admittance to the event.
8.3 Kiteflyr maintains a minimum number of tickets that must be confirmed as booked or purchased in order for the event to occur. Failure in reaching the minimum number of people will result in cancellation of the event.
8.4 In the occurrence of an Event not reaching the minimum number of tickets booked/purchased. Kiteflyr will cancel the all tickets booked and no charges will be made for booked tickets.
8.5 When booking a ticket for an Event, Kiteflyr displays a $1 charge. This amount will not be charged to your card but allows DPS to hold your card information, so that your purchase can be transacted when the minimum number of tickets sold has been reached.
8.6 Ticket purchases are limited to a total of 10 tickets per transaction. If you need to purchase more than 10 tickets for an event, you will have to purchase in a separate transaction. This policy is in place to restrict unfair purchasing practices.
8.7 Kiteflyr accepts no responsibility for any lost or damaged tickets. Look after your ticket(s) as you would cash. It must be presented in order to gain admittance to the event. The code on the ticket uniquely identifies this ticket and the purchaser, and can be redeemed only once. Multiple copies of this ticket will not allow multiple entries. In the event that multiple copies of this code are presented at the event, the Event manager may refuse entry to all ticket holders presenting tickets with this code.
8.8 When presenting concession tickets or entering events with an age restriction in place, appropriate identification must be shown. If suitable identification is not presented, you may be refused admittance to the event.
8.9 The Cause manager or Venue reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose behaviour does not comply with the rules and regulations set forth by the venue and/or Event manager.
8.10 Tickets cannot be refunded, exchanged or cancelled once issued except in accordance with the applicable laws of New Zealand.
8.11 In the event of a cancellation, the purchase will be refunded directly to the credit card used for the original purchase. In the event of a postponement, purchased tickets for the original date will be valid for the new date unless otherwise notified. Purchasers have the option to seek a refund for the value of the purchased ticket(s) for a postponed event by contacting Kiteflyr prior to the replacement date for the postponed event at email@example.com. In the event that a Kiteflyr authorises ticket refunds for a postponed event, they will be issued only to the original credit card used for the purchase.
8.12 Kiteflyr's ticketing system is an e-ticket system with an immediate exchange of information between us and your bank via DPS. Occasionally, your bank may not authorise a transaction, based on your account status or your card not being enabled for online purchases. In these instances, it is your bank denying your card, not Kiteflyr, so please contact your bank for a resolution.
8.13 Kiteflyr passes on a 2.5% payment processing fee to the purchaser of a ticket for a Fundraising Event.
- 9. Privacy
9.1 Kiteflyr collects personal information about you through your use of the Service and the Website, including but not limited to: Your contact details; and information relating to your use of the website and the content you access.
9.3 Kiteflyr will not sell or allow third parties to access your personal information without your consent. Kiteflyr releases account and other personal information only when it believes release is appropriate to comply with the law, to facilitate court proceedings, to improve our targeted marketing effectiveness, to enforce or apply Kiteflyr's terms and conditions or protect the rights, property, or safety of Kiteflyr, its website users, its members or others.
9.4 In the event that we sell the Kiteflyr business, your membership details will be provided to the new owner to ensure you can continue using the Service. In this event, we will communicate this to you in advance, advising of the change, and explain how you can update or remove your details.
- 10. General terms
10.1 Kiteflyr will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by Kiteflyr. Any unlawful or voidable provision in these terms and conditions shall be read down so as to be valid and enforceable or, if it cannot be read down, will be severed without affecting the validity, legality or enforceability of the remaining provisions.
10.2 In the event a dispute arise between you and another user of the Kiteflyr website (including a third party/Advertiser); you agree not to include Kiteflyr in any such dispute.
10.3 The following acts may result in your account being terminated:
(a) An attempt to use the Kiteflyr platform to raise funds for activities or intentions which are directly or indirectly illegal according to New Zealand law;
(b) Misrepresentation of identity or affiliation with any other person or organisation;
(c) Using Kiteflyr to send junk email to people contrary to the Unsolicited Electronic Messages Act 2007;
(d) Using Kiteflyr to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like; and
(e) Interfering with, or disrupting, the Kiteflyr service or services or networks connected with Kiteflyr, or introduce any computer virus (including any bug, worm, Trojan, robot, spider, scraper, or other automated virus) which may be harmful to our system.
- 1. General terms
1.1 Any Member may create a Kiteflyr cause Page and become a Cause manager:
(a) For a specific purpose on behalf of themselves as either an organisation, group or individual user
(b) to the benefit of another organisation or cause
(c) in association with an organised fundraising event or appeal
1.2 Cause managers will send a request for the cause to be approved by Kiteflyr before their Cause Page is published to the Kiteflyr Website.
1.3 Kiteflyr has the right to decline any cause where the cause breaches any of the terms or conditions set out on its website or if it breaches New Zealand law or at its sole discretion.
1.4 A Cause Manager must ensure that the Content uploaded to a Kiteflyr Page does not infringe the intellectual property rights of any third party (including copyright). Where it does, the Cause Manager must obtain the owner's written consent to the use of it. We reserve the right to remove any Content from any Kiteflyr Page, at our sole discretion and without notice if any intellectual property rights are contested. Kiteflyr takes no responsibility or liability for a Cause Manager failing to adhere to this term by uploading Copyrighted content.
1.5 If you suspect a breach of any intellectual property right on the Kiteflyr Website, please email us at firstname.lastname@example.org
1.6 Kiteflyr reserves the right to request a Cause Manager to provide evidence of what the raised funds are spent on.
- 2. Payment to causes
2.1 A Cause is paid out on a monthly basis; Donations for the previous calendar month will be paid out to the Cause Manager’s nominated bank account around the 15th of the following calendar month.
2.2 Once the cause has reached the end of its designated donation period, the amount raised is directly paid out within 7 working days, to the Nominated bank account provided by the Cause Manager.
2.3 Kiteflyr can decide to refrain from paying out monthly by its sole discretion if misuse of the Kiteflyr Service is suspected.
2.4 A Cause Manager needs to verify their nominated bank account with Kiteflyr before being able to receive payment. Until the nominated bank account is verified, Kiteflyr will hold the monies in a Trust.
- 3. Kiteflyr Service Fees
3.1 Kiteflyr charges a 6% administration fee from the gross Direct Donation made to a Cause. We also pass on a 2.5% payment processing fee to the Cause that covers every payment type for Direct Donations made.
3.2 Kiteflyr does not take any admin or payment processing fee on Donations through the Giving Account.
3.3 We charge a 6% ticketing system fee from the Cause on Fundraising Events tickets sold:
- a) from the full ticket price when hosted at their own venue
- b) from the cause’s profit margin when hosted at one of Kiteflyr's partner venues.
- 4. Fundraising Events
4.1 All ticket prices are shown in NZ Dollars and include GST where applicable. Kiteflyr accepts debit cards, credit cards and Account2Account.
4.2 Kiteflyr maintains a minimum number of tickets that must be confirmed as booked or purchased in order for the event to occur. Failure in reaching the minimum number of people will result in cancellation of the event.
4.3 In the occurrence of an Event not reaching the minimum number of tickets booked/purchased. Kiteflyr will cancel the all tickets booked and no charges will be made for booked tickets.
4.4 The Cause manager or Venue reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose behaviour does not comply with the rules and regulations set forth by the venue and/or Event manager.
4.5 Tickets cannot be refunded, exchanged or cancelled once issued except in accordance with the applicable laws of New Zealand.
4.6 It is the responsibility of the Cause to agree on a date, time, price and all other conditions of a Fundraising Event with the Venue before creating an Event on the Kiteflyr system. Kiteflyr reserves the right to confirm these conditions before approving a Fundraising Event. Kiteflyr will not be responsible for failure to meet any obligations that occur from the agreement between Cause and Venue, for either party.
- 5. Termination
5.1 We reserve the right to reject any Cause registration, Cause Page creation, or terminate a registered Cause. Without limiting this absolute freedom, we may terminate a Cause 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 Cause and his/her/its conduct in using the Kiteflyr Website;
(b) if the Cause breaches these Terms and conditions;
(c) if you attempt to log in as another Cause other than at the express and constant direction of that Cause (where the registered Cause is not capable of logging in due to a disability); or
(d) if we deem the Cause's behaviour to be unacceptable (as solely determined by Kitefyr Management).
(e) if we consider that the fundraising activity is detrimental or could cause distress or harm to any individual or organisation whom the public may reasonably assume is both consenting to and/or benefitting from the fundraising activity.
5.2 Causes registered more than once without our express consent may have all of their Kiteflyr registrations cancelled.
- 1. Merchant's obligations and service levels
1.1 The Merchant's use of the Kiteflyr Service is deemed to be of acceptance of these terms and conditions.
1.2 The Merchant will comply with all Kiteflyr's requirements and instructions for Loyalty and Reward requests and accepted Loyalty offers to purchasers through the Kiteflyr Service.
- 2. Rewards
2.1 By submitting a Reward Offer to Kiteflyr, the Merchant agrees that it is committing to running a Reward as outlined and submitted to Kiteflyr. Once the Reward Offer has been submitted, Kiteflyr will review the Reward offer and approve the Reward Offer prior to it being published on the website and available to Supporters. Even though a Reward may be submitted by the Merchant, it is not a guarantee that it will be advertised via the Kiteflyr Service. Kiteflyr reserves the right to ask the Merchant to modify a Reward submitted by the Merchant.
2.2 The Merchant must not submit a Reward Offer or run a Reward Offer unless it reasonably believes it is able to supply the advertised goods or services to all voucher holders, in the quantity advertised and within the advertised Redemption Period. The Merchant agrees to honour the Reward advertised in accordance with these terms and conditions and any additional terms and conditions applicable to the relevant Reward. In the event of any inconsistency between terms and conditions, these terms and conditions will prevail.
2.3 If the relevant Reward advertised via the Kiteflyr Service differs to what is or can be supplied by the Merchant to the Purchaser when that Purchaser seeks to redeem a Voucher, then the Merchant must supply a similar product or service of equal value. In this event, Kiteflyr will not be responsible or liable for any difference between the Reward offered and delivered. The Merchant also indemnifies Kiteflyr against any damages or consequential loss it suffers as a result of the Purchaser's inability to redeem its Voucher or redeem it for the goods and services advertised.
2.4 In the event that a Merchant is unable to offer a similar product or service of equal value of a Reward they cannot deliver on, Kiteflyr will refund the Points used to claim the Reward. In this situation, the Merchant must be proven to not be able to meet the terms and conditions of the reward within 28 days of the Supporter claiming the Reward Voucher by the Supporter by email to email@example.com
2.5 Merchants agree to conduct themselves in good faith, respond to communications with Kiteflyr in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Purchaser.
2.6 All Vouchers for Rewards must:
- a) be listed in New Zealand dollars (if applicable);
- b) include an expiry date;
2.7 Merchants are not obliged to redeem any Reward Voucher which has expired (but may choose in their discretion to do so).
2.8 The Merchant agrees not to advertise or offer any goods or services in a way which may be incorrect, or may mislead, or which may be illegal or objectionable to Kiteflyr. Kiteflyr has absolute discretion to remove or alter any information advertised via the Kiteflyr Service which is in breach of these terms and conditions, or as it deems appropriate.
2.9 The Merchant warrants that its Reward advertisements and any other information in relation to it advertised via the Kiteflyr Service is accurate in all respects and will not breach any laws or advertising standards, or the intellectual property rights of any party.
2.10 Kiteflyr may, in its discretion, by notice to the Merchant set limits on the number of Rewards and/or the total value of the Rewards, which the Merchant may advertise via the Kiteflyr service at any one time.
2.11 Kiteflyr shall not have any liability for the information entered into the Kiteflyr system by the Merchant, including without limitation, Reward Offer information.
2.12 The Merchant is responsible for entering the applicable Voucher code number into the Merchant's 'My Business' section after a Voucher has been redeemed, which will mark a Voucher as being redeemed in the Kiteflyr system. It is the responsibility of the Merchant to ensure that the Voucher is marked as redeemed in the Kiteflyr system.
2.13 The Merchant has seven days after the Voucher Redemption Period has expired to mark a Voucher as being redeemed, using the applicable Voucher number.
- 3. Loyalty offers
3.1 By submitting a Loyalty Offer to Kiteflyr, the Merchant agrees that it is committing to offering the user the offer as outlined and submitted to Kiteflyr. The Loyalty Offer will be agreed upon by the Merchant and Kiteflyr in an agreement. In the event of any inconsistency between the agreement and these terms and conditions, the agreement will prevail. Kiteflyr reserves the right to ask the Merchant to modify a Loyalty offer submitted by the Merchant.
3.2 The Merchant must not run a Loyalty Offer unless it reasonably believes it is able to supply the advertised goods or services to all Supporters. The Merchant agrees to honour the Loyalty offer advertised in accordance with these terms and conditions and any additional terms and conditions applicable to the relevant Loyalty offer. In the event of any inconsistency between both terms and conditions, these terms and conditions will prevail.
3.3 If the relevant Loyalty offer advertised via the Kiteflyr Service differs to what is or can be supplied by the Merchant to the Purchaser, then the Merchant must supply a similar service of equal value. In this event, Kiteflyr will not be responsible or liable for any difference between the Loyalty offer advertised and delivered. The Merchant also indemnifies Kiteflyr against any damages or consequential loss it suffers as a result of the Purchaser's inability to redeem its Loyalty offer.
3.4 Merchants agree to conduct themselves in good faith, respond to communications with Kiteflyr in the event of a dispute, and be bound by the outcome of any dispute resolution process that they enter into with the Purchaser.
3.5 Merchants are not obliged to redeem any Loyalty offers which have expired (but may choose in their discretion to do so).
3.6 The Merchant agrees not to advertise or offer any Loyalty offer in a way which may be incorrect, or may mislead, or which may be illegal or objectionable to Kiteflyr. Kiteflyr has absolute discretion to remove or alter any information advertised via the Kiteflyr Service which is in breach of these terms and conditions, or as it deems appropriate.
3.7 The Merchant warrants that its Loyalty offer advertisements and any other information in relation to it advertised via the Kiteflyr Service is accurate in all respects and will not breach any laws or advertising standards, nor the intellectual property rights of any party.
3.8 Kiteflyr shall not have any liability for the information entered into the Kiteflyr system by the Merchant, including without limitation, Loyalty Offer information.
- 4. Fundraising Events Venues
4.1. All listings or communications made through the Kiteflyr Service shall be made in good faith.
4.2. The Venue will be responsible for ensuring that the data provided is accurate, and truthful, does not breach any applicable law or regulation, and does not infringe copyright, privacy, data protection, trade mark or any other rights of any third party. The Venue will also be responsible for dealing with any questions or complaints arising from data provided.
4.3. Kiteflyr reserves the right to refuse, alter, or cancel listings or advertisements at its sole discretion, and is solely responsible for the design and layout of the site. Kiteflyr reserves the right to make changes to the design and layout of the web site at any time and without notice.
4.4. Kiteflyr Fundraising Events is an online marketing service only, and Kiteflyr accepts no responsibility for bookings accepted by Venues from Members of our website. Losses, damages, unpaid charges or other costs are the responsibility of the venue concerned.
4.5. Kiteflyr is not responsible for Web server or Internet technical faults which may affect online advertising.
4.6. In the event of material not being submitted by the due advertising date for banner, feature, or sponsorship advertisements, Kiteflyr shall have the right to use a previous advertisement or to compose or enter substitute copy at their absolute discretion.
4.7. You agree not to post or transmit any unsolicited advertising or promotional materials on the site, and agree not to use the email as an enquiry function for this purpose.
4.8. You will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable.
4.9. We do not accept any liability for the accuracy or content of any material posted by other members on this website. We are not liable for any loss resulting from any action taken or reliance made by you on any information, or material posted by another member.
4.10. Kiteflyr reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- 5. Disclaimers
5.1 Kiteflyr only facilitates the Merchant with Service, and does not take any part in the sale itself or the offering or honouring of the goods and/or services advertised via the Kiteflyr Service.
5.2 Kiteflyr makes no warranty that the Service will meet the requirements of all prospective users, or that the Service will be uninterrupted, timely, secure or error free.
5.3 Kiteflyr bears no responsibility or liability for any misconduct or mistakes by Purchasers or other third parties who are involved in a transaction.
- 6. Indemnity and liability
6.1 The Merchant agrees to indemnify Kiteflyr, its officers and employees against any claim or demand made by any third party (including Purchasers) due to or arising out of the Merchant's use of the Service, and/or offering and fulfilment of any Rewards or Loyalty Offers.
6.2 Except as expressly provided in this agreement all representations or warranties by Kiteflyr (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
- 7. Intellectual property rights
7.1 The Merchant grants to Kiteflyr a non-exclusive, royalty-free licence to use, copy and publish the Merchant's trademarks to the extent necessary to fulfil its obligations under this agreement.
7.2 A Merchant must ensure that the Content uploaded to a Kiteflyr Page does not infringe the intellectual property rights of any third party (including copyright). Where it does, the Merchant must obtain the owner's written consent to the use of it. We reserve the right to remove any Content from any Kiteflyr Page, at our sole discretion and without notice if any intellectual property rights are contested. Kiteflyr takes no responsibility or liability for a Merchant failing to adhere to this term by using Copyrighted content.
- 8. Termination
8.1 Kiteflyr may terminate a Reward of Loyalty Offer immediately if the Merchant breaches these terms and conditions or engages in conduct that Kiteflyr deems inappropriate or unacceptable, including if it deems there to be unacceptable risk to Kiteflyr or its users.
8.3 In the event that a Reward of Loyalty Offer is terminated, the Merchant must honour all obligations to Purchasers, including honouring all valid Rewards by providing the goods and services advertised.
- 9. General terms
9.1 Kiteflyr may change these terms and conditions at its discretion.
9.2 As the owner of the Service, Kiteflyr retains final authority on the look and feel of the Kiteflyr website and associated Services, and has the discretion to alter any information on that site that it deems necessary.
9.3 Each party will keep the other party's confidential information confidential and shall not disclose such confidential information to any person except as required by law and to the extent that the information was already known to the receiving party or is generally available to the public other than as a result of a breach of these terms and conditions by the receiving party.
If you have any questions or concerns in relation to the Website or these Terms and Conditions please contact us: firstname.lastname@example.org