These terms and conditions govern the use of our website. By using our website or donating to us you are agreeing to abide by our terms and conditions.
Your donations enable the NZSAS Trust to look after those who are actively serving or were previously posted to the 1st New Zealand Special Air Service Regiment, including their immediate families – on their behalf we sincerely thank you.
If you have any further questions please do not hesitate to contact us.
The NZSAS Trust is a tax-registered charitable trust which was established in 2004 to look after persons who are actively serving or have been previously posted to the 1st New Zealand Special Air Service Regiment, including their immediate families
The service exists to facilitate online donations from members of the public wishing to donate money to the trust. The NZSAS Trust ensures past and present NZSAS members and their families have the resources they need to thrive – including welfare and financial assistance for further education and vocational training.
These Terms apply to every Donor and Verified Payee. By donating money through NZSAS Trust every Donor accepts these Terms authorising the NZSAS Trust to deduct the value of donation and pass on these donations.
The Terms may be updated from time to time without notice. It is the Users responsibility to check these Terms for updates and changes whenever they access NZSAS Trust. If at any time you do not agree to these Terms and Conditions, please refrain from using NZSAS Trust. If you continue to use NZSAS Trust after any changes are made to the Terms then you will be deemed to have agreed to those changes.
NZSAS Trust Fees
NZSAS Trust recovers a credit card processing fees from the gross transaction amount. These fees are at the current market rate of 2.9% + $0.30 per transaction. These fees are subject to change without notice.
Donors are able to donate to the NZSAS Trust by making a donation via cheque, electronic bank transfer, recurring credit card payment or bequest.
Donors can choose to make an immediate, unconditional donation using a valid credit card. Donations are immediate, non-refundable, non-transferrable and non-disputable. The minimum donation amount is $1.
Where there has been an unauthorised use of a Donor’s credit card to make a donation, and it is proven, then that donation will be refunded by the NZSAS Trust to the Donor’s credit card.
Donors are automatically emailed a receipt for every Donation on NZSAS Trust.
Where a donation of $1 or greater amount is made, a donation tax receipt is issued in the name of the NZSAS Trust which is itself a charitable organisation with Donee Tax Status. A donation tax receipt to the amount of $5 or more can be used to claim a donation tax credit with the Inland Revenue Department.
Donations are immediate, non-refundable, non-transferrable and non-disputable.
If a Donor is dissatisfied with the application of any donation made through NZSAS Trust then the Donor should raise the dissatisfaction directly with the NZSAS Trust.
You can become a registered NZSAS Trust User for free provided you complete the registration process and meet the following criteria:
(a) you are at least 18 years old; and
(b) in all other respects, you can form a legally binding contract that is enforceable against you.
A registered User confirms that the information provided is true and accurate.
Where that information is no longer current the User agrees to promptly update the information (including details of Registered Charitable Status and Donee Tax Status for applicable Non-Profit Organisations).
When a User registers, NZSAS Trust or a representative may contact the User to verify any information supplied.
A User must only register once, and must not register under multiple user names or characters (whether make believe or not) unless otherwise approved by NZSAS Trust (in its sole discretion)
Passwords & Security
All Users are responsible for keeping personal login information safe, private and secure at all times. This means:
(a) not allowing any other person to use their login information or hold themselves out as the User;
(b) not disclosing, or allowing a copy to be discovered of the login information of the User.
NZSAS Trust may lock or restrict certain User data or information from being edited after first entry, post-moderation or verification for security purposes, such as nominated bank account information.
We collect personal information about Users when they use NZSAS Trust. This may include (without limitation) information such as registration details and profiling, particulars of use, regularity of access, and the Content viewed.
The User agrees to allow NZSAS Trust the right to use any personal information collected in pursuit of the NZSAS Trust achieving its goals and to provide better services to Users.
The User agrees that previous donation or fundraising history (as the case may be) can be published online (at the discretion of NZSAS Trust). We shall not detail amounts donated by any particular Donor unless that User has otherwise given their express consent.
NZSAS Trust will not sell or knowingly allow third parties to access the personal information of a User without the consent of the User. Despite this, NZSAS Trust reserves the right to release other personal information where we believe (acting on honest belief) release is required to:
(a) Comply with the law (either at the direction of a court or by a person exercising some statutory authority);
(b) Enforce these Terms or assist a person for whom these Terms are deemed to benefit;
(c) Protect any intellectual property rights of NZSAS Trust, the Users or other third parties; or
(d) Meet requests by any domestic or international authority (whether or not exercising statutory authority) where in the opinion of NZSAS Trust disclosure is desirable to maintain the integrity of the NZSAS Trust service and/or its Website e.g. enquiries from international authorities in respect of anti-money laundering activities.
In the instance of release under (d) NZSAS Trust will advise a User if the information has been released (but not necessarily the details of the information released) provided that such disclosure will not attract any liability to NZSAS Trust.
Donors who choose to submit an anonymous donation will show any information as anonymous.
NZSAS Trust (and any person who it licenses from, as applicable) owns all Intellectual Property Rights. A User must not:
(a) assert any ownership or rights in respect of the Intellectual Property Rights;
(b) must not reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly (by allowing anyone else to do so);
(c) exploit, sell or generate profit from the Intellectual Property Rights.
Any content on NZSAS Trust is protected by the applicable intellectual property and proprietary rights and laws. No use of NZSAS Trust Content is permitted without the express prior consent of NZSAS Trust, and where applicable, the intellectual property right holder.
The User warrants that all Content uploaded or shared by him/her/it, either from their own computer or another website/server, are either created or owned by the User, or the User has the necessary licenses, rights, and permissions to use the Content.
The User acknowledges and agrees that upon receipt and notice of any claim under this section, NZSAS Trust may immediately remove any content from NZSAS Trust without liability. Any claims of any complaining party shall be referred to the User for their attention.
We will utilise our reasonable efforts to maintain an acceptable performance of the NZSAS Trust service and our support of Users, however, we do not guarantee continuous operation of the Website, our support services or integrity of the data stored or transmitted via NZSAS Trust, 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).
NZSAS Trust is 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 and our services whether foreseeable or not. Termination of the User’s contractual relationship with NZSAS Trust shall be the sole and exclusive remedy for any and all damages or injuries suffered by a User.
Despite any other provision of these Terms, if we are determined liable to a User for losses, our liability is limited to a maximum amount equal to funds donated by the User or received to the benefit of the User.
The User indemnifies and holds NZSAS Trust, its subsidiaries, affiliates, officers, employees and contractors harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:
(a) the User’s use or misuse of NZSAS Trust;
(b) the Content uploaded by the User;
(c) the violation of laws, rules, regulations or terms in these Terms;
(d) any activities arising out of the use of a User’s NZSAS Trust account; or
(e) infringement by any Content uploaded by the User (or somebody using the User’s account) of any intellectual property or any other right of any person or entity.
NZSAS Trust reserves the right, at its own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by the User, in which event the User agrees to cooperate with NZSAS Trust in asserting any available defences.
These Terms are governed by the laws of New Zealand. The User submits to the non-exclusive jurisdiction of the Courts of New Zealand.
A User will 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.
Where any Dispute arises, a representative of the User and NZSAS Trust 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 LEADR New Zealand Incorporated Standard Mediation Agreement. 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.
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.
No representation made by us, NZSAS Trust, our suppliers, our marketers, agents, employees or any other person so authorised by us shall be binding upon NZSAS Trust if:
(a) made before the existence of the registration of the User and not included in these Terms; or
(b) subsequent to the date of registration of the User and not in writing.
Where any provision is expressed as being for the benefit of a party who is not a party to these Terms then that provision is made for the benefit of that third party for the purposes of the Contracts (Privity) Act 1982.
Notices under these Terms shall be in writing and shall be deemed given when delivered:
(a) Personally – when they are received;
(b) By email – upon confirmation of receipt;
(c) By overnight mail or conventional mail – two business days after sending.