SITE TERMS

Terms & Conditions for use of this website
1. Overview
1.1
The Generator is an online platform that facilitates the distribution of funds to people experiencing financial hardship who have an enterprising idea that increases income or reduces costs for themselves, their family or their community. The process of applying for and receiving funds aims to build financial wellbeing in New Zealand communities.
1.2
The Generator is a programme managed in partnership by the Emerge Aotearoa and Vaka Tautua. Emerge and Vaka Tautua are non-profit registered charitable trusts delivering mental health, social services and financial capabilities programmes throughout New Zealand.
1.3
This website and all services and online tools (the "Platform") exist to facilitate funding from entities (“Funders”) contributing to a pool of funds (the “Seed Pool”) to an individual, whānau, family or group (the “Applicant”) who has submitted a proposal for an initiative that will increase income or reduce costs for themselves, their whānau, family or their community. The first Funder on the Platform is MSD Eligibility to become an Applicant to the Seed Pool is defined by eligibility to receive a New Zealand Government issued Community Services Card.
1.4
The Platform is governed by these terms and conditions ("Terms"). These Terms apply to every Funder and Applicant (referred to collectively as "Users", "you", "your") using the Platform. By funding applications through the Platform, every Funder accepts these Terms authorising the Generator to use the funding and apply it towards the activities of Applicants on their behalf, in accordance with these Terms. By registering on the Platform, Funders and Applicants agree to be bound by these Terms governing how they must use money contributed by Funders and passed on by the Generator.
1.5
While these Terms use the name "the Generator" (also referred to as "us", "we", "our" etc.), by using the Platform you will be entering into a contractual relationship with Emerge Aotearoa and Vaka Tautua (as the legal body managing the Generator).
1.6
Any new features or tools which are added to the current Platform shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any of these Terms from time to time without notice. Users agree to check these Terms and to be bound by the conditions that are in effect at the time at which you access the Platform. If at any time you do not agree to these Terms and Conditions, please refrain from using the Generator. If you continue to use the Generator after any changes are made to the Terms then you will be deemed to have agreed to those changes.
2. Registration
2.1
To be a User of the Platform you must be over 18 years of age, or be over 16 years of age and be engaged in full time tertiary study, and reside in New Zealand. We reserve the right to refuse or cancel the registration of a member for any reason whatsoever.
2.2
When you register on the Platform, you may be asked for your name, address, email address and a password. You will also be asked to indicate you are an individual or community generator so we will be able to associate your activity on the Platform with your profile (name, group type and image).
2.3
You must be a fully registered User if you wish to complete any of the following activities:
(a)
create a profile on behalf of yourself or someone else;
(b)
join a community on the Platform;
(c)
start, edit or save a proposal for an initiative that increases income or reduces costs;
(d)
submit a proposal for an initiative that increases income or reduces costs;
(e)
receive a tasklist and select success steps as an applicant to the fund;
(f)
verify the completion of success steps; and
(g)
receive funding for an initiative that increases income or reduces costs.
3. Passwords & security
3.1
Because your email and password allows access to view and edit your contact information, we advise that you keep your email and password secure and that you should not give out these details to any other person. The Generator will never ask you to disclose your password.
3.2
We recommend the password you select should not relate to any readily accessible data such as your name, birthdate, address, telephone number, driver's licence, licence plate or passport. Nor should it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login on the Generator, and for all activity which occurs on or through your account, whether authorised or unauthorised.
3.3
If any unauthorised party gains access to your username and password, please notify us at support@thegenerator.org.nz and change your password immediately. We do not have any liability for your failure to comply with these obligations.
4. Termination
We reserve the right to reject any User registration, the Generator Page creation, or terminate a registered User without cause or any obligation to discuss the matter with that User.
Without limiting this absolute freedom, we may terminate a User if:
(a)
a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its conduct in using the Website;
(b)
if the User breaches these Terms;
(c)
if you attempt to login as another User other than at the express and constant direction of that User (where the registered User is not capable of logging in due to a disability); or
(d)
if we deem the User's behaviour to be unacceptable (as solely determined by Emerge Aotearoa and Vaka Tautua).
(e)
if we consider that an application 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 application activity.
Users registered more than once without our express consent may have all of their Generator registrations cancelled.
5. Withheld approval or suspension of services
We may, at any time and without notice, withhold approval as part of the moderation process or suspend a User's access or use to part or all of the Generator service:
(a)
if a User creates Content which is, or is suspected to be in breach of the Terms and the Generator Code of conduct (at the sole discretion of Emerge Aotearoa and Vaka Tautua);
(b)
for such time as is necessary for any system maintenance determined by us to be necessary from time to time and, where possible, after giving the User as much advance notice as is reasonably practical in the circumstances;
(c)
to reduce or prevent interference with our systems or the Generator service;
(d)
if required to do so, as a result of a direction from any government, law enforcement or other authority;
(e)
if a User is in breach of these Terms; or
(f)
if we consider that an application 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 application activity.
The obligations of a User under these Terms shall continue to apply through any suspension. No liability shall attract to Emerge Aotearoa or Vaka Tautua.
6. Code of conduct
The integrity of the Generator is dependent upon all Users conducting themselves in a responsible and legal manner. The Generator operates an approval and verification process in a best effort to ensure all Users and Content complies with standards required for a healthy public giving community.
Breaches requiring immediate remedy or invoking termination include (but are not limited to):
(a)
An attempt to use the Generator service to apply for 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 the Generator to send junk email or "spam" to people contrary to the Unsolicited Electronic Messages Act 2007;
(d)
Using the Generator to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like;
(e)
Interfering with, or disrupting, the Generator service or services or networks connected with the Generator, or introducing any computer virus (including any bug, worm, Trojan, robot, spider, scraper, or other automated virus) which may be harmful to our system.
The User covenants in respect of any Content uploaded on the Website that it does not:
(a)
Infringe any intellectual property rights of any third party;
(b)
Detrimentally affect the brand or reputation of the Generator, Emerge Aotearoa, Vaka Tautua, any other User or any affiliates or partners of the Generator;
(c)
Mislead as to the nature, type, service, intentions or benefits resulting from funding;
(d)
Contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out-of-date information;
(e)
Encourage, counsel, incite or suggest any criminal or unlawful acts;
(f)
Prey on individual groups by virtue of their circumstances;
(g)
Contain vulgar and/or suggestive languages or images, or innuendo or slang of a sexual, immoral, racial or violent nature; or
(h)
Promote or provide inflammatory or demeaning opinions of an individual or group.
The Generator actively moderates activity by Users to maintain a high standard of user-generated Content and ultimately reserves the right to remove or edit any Content posted on the Generator at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, in breach of these Terms. If a User notices any such content, please email us at info@thegenerator.org.nz.
We expect Users to take responsibility in using the internet and the Generator service with courtesy and responsibility, and be familiar with, and practice good etiquette (as deemed by Emerge Aotearoa and Vaka Tautua). Any breach of the Code of conduct policy is deemed a breach of these Terms.
7. The seed fund
7.1
The seed fund is a pool of funds that can be distributed to fund enterprising ideas that increase income or reduce costs for individuals, whānau, families or groups in hardship through the Platform.
7.2
The first Funder on the Platform is the Ministry for Social Development. The the future The Platform may allow other Funders, with approval from Emerge Aotearoa & Vaka Tautau, to establish their own seed fund to target individuals or communities.
7.3
The Generator is not responsible for ensuring that the Applicant uses funding in any particular way. We cannot guarantee that funding received will be applied for the stated purpose, however Applicants are required to keep receipts as proof of expenditure to be checked by the Community Generator.
8. Application to the fund
8.1
To be eligible to apply to the Fund, an applicant must:
(a)
be in possession of a Community Services Card or meet the eligibility criteria to receive one
(b)
be a member of a geographical or situational community identified as being in hardship by the Generator (“Target Community”) and
(c)
be connected to an individual(s) responsible to the Target Community (“Community Generator”)
8.2
Applications to the seed fund must be made via the Platform. Applicants are required to complete three phases before funding is to be released. The Community Generator is responsible for verifying when an applicant is ready to move to the next phase.
(a)
In Phase 1: Dream It - the Applicant is required to complete the online proposal form. A complete form is verified by the Community Generator;
(b)
In Phase 2: Plan It - the Applicant is required to select Success Steps from a list of tasks generated by the Platform system.
(c)
In Phase 3: Do It - the Applicant is required to complete their selected Success Steps.
(i)
A Success Step is an activity or task where evidence of completion to an acceptable standard is required before funding is released. The number of success steps required depends on the amount of funding requested.
(ii)
Success Steps are selected and agreed upon between the Applicant, Community Generator and Supporters.
(iii)
The completion of Success Steps must be verified by the Community Generator, and in cases more than $5000 by the governance group (“Leadership Collective”). Funding is released to an Applicant upon verification of the completion Success Steps.
(iv)
Upon completion of all required Success Steps funding is released to the Applicant
8.3
Processing payments

(a) The Generator is the trading name used by Emerge Aotearoa and Vaka Tautua. The name that will appear on the statement when funding a proposal is "the Generator".

(b) Where payment is required for a transaction on the Platform, we will make an electronic bank transfer to the Applicants nominated bank account.

9. The Generator pages
9.1
Profile Pages

(a) A Community Generator may set up a profile page on behalf of any Registered User

(b) An Applicant may set up a personal profile page

9.2
Proposal Pages

(a) A Community Generator may start, edit, save and submit a proposal on behalf of any Applicant in their Community

(b) An Applicant may start, edit, save and submit a proposal on their own behalf

9.3
Community Generator Pages

a) A Community Generator may edit and save content on the Community Generator Page, including information about the community(s) they are supporting and the partner agency they are connected to.

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

10. User generated content
10.1
The Generator Platform exists to facilitate the movement of funds from Funders to Applicants for enterprising ideas that increase income or decrease costs. It also exists as a place to learn from and be inspired by others.
10.2
Users provide us with information required for us to fund, track and celebrate the following activities:

(a) applying for funds via the proposal form;

(b) selecting and completing Success Steps;

(c) their progress in meeting their goals of increased income or reduce costs after receiving funding

10.3
When you apply to the Generator you confirm that it:

(a) is, to the best of your knowledge, accurate;

(b) does not infringe any copyright, trademarks, rights of privacy, confidentiality or intellectual property of any third party;

(c) does not contain any defamatory, abusive or offensive content; and

(d) does not impersonate someone else, or pretend to be associated with something when you are not.

10.4
We reserve the right to refund, remove or edit any transactions or content associated with your user account which does not comply with the above terms of use for any reason.
10.5
Information or material which you provide electronically through your registration or application to the seed fund is not confidential or proprietary and you acknowledge that unprotected communication over the Internet is subject to possible interception, alteration or loss. You agree that we shall have no liability for the interception or 'hacking' of your data through the Platform by unauthorised third parties.
11. Limitation of liability
11.1
The Generator will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages or loss of any kind whatsoever including for lost data, lost business, loss of profits, injury, claim, liability or damage or failure of security resulting from:

(a) your use of the the Generator;

(b) your representations or activities on or through the Generator; or

(c) the representations or activities of the Supporters made on or through the Generator.

11.2
You indemnify and hold the Generator, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

(a) your use of the Platform;

(b) content uploaded by you or other Users;

(c) your breach of these Terms; or

(d) any liability arising in connection with the use of your account.

12. Privacy
The Generator respects your privacy. Please read our Privacy Policy, which forms part of these Terms.
13. Copyright & trademarks
13.1
We own all information on the Platform whether it is directly owned by us or licensed to the Generator. All material on the Platform , including, without limitation, text, images, designs, graphics, pictures, video, software, music and sound files, the layout, the look-and-feel and any other information contained on or in the Platform (collectively referred to as the Content) is subject to copyright, various intellectual property protections (registered and unregistered) and other proprietary rights.
13.2
All trademarks, logos, brands and service marks (Marks) displayed on the Platform will either be registered or unregistered Marks of the Generator or will have been licensed to us for use on the Platform by third parties. You may not use any of the Marks on this website without our prior written permission.
14. Dispute resolution
14.1
A User may not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms ("Dispute"), unless the User has first complied with this section.
14.2
Where any Dispute arises, a representative of the User and the Generator will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.
14.3
Where the representatives of the parties do not resolve the Dispute within five (5) business days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the LEADR New Zealand Incorporated Standard Mediation Agreement. The mediation will be conducted by a mediator and a fee paid by the parties to the Dispute.
14.4
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.
14.5
Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.
15. General terms
15.1
Jurisdiction: These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the Courts of New Zealand
15.2
Severability: If any provision of these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and the remainder shall not be affected.
15.3
No waiver: If a party breaches these Terms and the other party does not immediately enforce its rights resulting from the breach that does not mean that the party in breach is released or excused from its obligation to perform the obligation at the time or in the future and does not prevent the other party from exercising its rights resulting from the breach at a later time.
15.4
No joint venture: Nothing in these Terms shall evidence or be deemed to constitute a partnership or joint venture between the parties, nor will either party constitute an agent of the other party.
15.5
Entire agreement: These Terms are to be read in conjunction with our Privacy Policy, and together constitute the entire agreement between the User and the Generator and supersede any and all prior oral or written communication on the subject matter contained in them. If there is any conflict between these Terms and the Additional Terms, then these Terms will prevail to the extent of the inconsistency.