OurRippleffect provides its platform to you through its website, ourrippleffect.com (the “Website”) subject to the following terms of service, as amended from time to time (the “Terms”). If you are a viewer, campaigner or donor (each a “User” or “you”) you are contracting with Horsepower Limited, trading as OurRippleffect, a limited liability company incorporated in New Zealand with its registered address at 32 Normanby Road, Papakura, Auckland, New Zealand (“OurRippleffect”, “us”, “our” or “we”).
We reserve the right to amend these Terms from time to time. When we do this, we will post the revised Terms on this page and will indicate the date of such revision. If you access the Website, you will be taken to have accepted the most recent version of the Terms.
Users of any age may view material on the Website but Users must be eligible to enter into a binding contract in their country of residence to access certain functions on the Website like running a Campaign or being a Donor.
We offer the Website as a platform to allow an individual (a “Campaigner “) to post a fundraising campaign (a “Campaign”) to the Website to accept monetary donations (“Donations”) from donors (“Donors”) (the “Services”).
We reserve the right to modify the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting from such change.
Registering to use the Services
You do not need to register to view material on the Website.
You need to register for the Services on the Website if you want to run a Campaign or be a Donor. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted in your User profile on the Website. To be a Campaigner you must register using your true identity. Any information or images you upload must accurately describe and/or depict you or the beneficiary of your Campaign.
If you register for an account, you are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising to you if you do not comply with these instructions.
As a User, you agree:
to comply with all laws applicable in the country you live in;
to behave honestly at all times;
to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for OurRippleffect to verify compliance with these Terms of Service and make such records available to OurRippleffect upon our request. At OurRippleffect’s request, including without limitation in case of investigations by OurRippleffect, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
As a User, you agree not to:
victimise anyone by using threatening, abusive, harassing or defamatory behaviour and not to invade any other person’s privacy or to do anything obscene or profane;
harm any other person’s computer or cyber security, including ours, through the Website or Services; and
abuse any other Users’ personal information you may be given access to through the Services.
Publication of User content
Some User activity on the Website is public such as content you post publicly on the Website. You can check which information is public, and amend details, through your account settings.
If you are a Campaigner
If you are a Campaigner, you agree to:
give us full and accurate information regarding yourself and your Campaign when requested to do so by us;
use the funds donated to you through the Service for the purpose of the Campaign; and
If you are not the beneficiary of the Campaign you organize, deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
If you are a Campaigner, you agree not to:
misrepresent yourself or your skill, invention or idea which is the subject of a Campaign;
offer any contest, competition giveaway, sweepstakes or similar activity on or through the Services; and
operate a Campaign for the benefit of a minor without the permission of the minor’s guardian.
In the event OurRippleffect is contacted regarding your Campaign by a third party who is interested in working with or representing you or the beneficiaries of your Campaign, you agree to enter into and be bound by OurRippleffect’s Talent Brokerage Agreement. If you choose not to enter into such Talent Brokerage Agreement on mutually acceptable terms, you acknowledge and agree we are under no obligation to provide you with any third party communication to you.
You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish, display, transmit or otherwise use via the Services.
You represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Users; (ii) all donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable financial reporting obligations; and (v) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize us, and we reserve the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
If you are a Donor
If you choose to donate to a Campaign, we will charge you the Donation amount you choose via the payment method you choose. In order to contribute to a Campaign, a Donor must provide OurRippleffect’s payment platform with its credit card information.
In order to contribute to a Campaign, a Donor will be required to provide OurRippleffect with information regarding its credit card or other payment instrument that is linked to the Donor’s account on the Services. You, as a Donor, represent and warrant to OurRippleffect that such information is true and that you are authorized to use the applicable payment instrument.
OurRippleffect may stipulate a minimum donation amount.
All Donation payments are final and will not be refunded unless OurRippleffect, in its sole discretion, agrees to issue a refund.
Once your Donation has been paid by you to our third party payment processor, their fees and our fees (if applicable) will be deducted before the remainder of the donation is paid to the Campaigner.
If you are a Donor you acknowledge the following disclaimers:
While OurRippleffect does moderate the content on the Website, it has no control over the conduct of, or any information provided by, a Campaigner or any other User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not endorse any Campaigner and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of your donation.
Your donations are at your own risk. When you make a donation through the Services, it is your responsibility to understand how your money will be used. OurRippleffect is not responsible for any offers, promises, rewards or promotions made or offered by Campaigners. We do not and cannot verify the information supplied by Users and published on the Website. We do not represent or guarantee that your donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or in accordance with applicable laws.
OurRippleffect is under no obligation to refund Donations or any Fees collected by OurRippleffect to the User who made the Donation under any circumstances.
Other users content
All content uploaded to the Services is the sole responsibility of the user who uploads it. OurRippleffect does not guarantee the veracity or accuracy of any statement or claim contained in any content uploaded to the Services by a User or that all content on the Services will comply with this Agreement.
Third party service providers
Certain aspects of our Services may:
require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors), with whom OurRippleffect has entered into contracts, in order to be able to benefit from their services; and/or
contain advertisements and promotions offered by third parties and links to other websites,
we are not responsible for the availability of such external websites. If you choose to interact with such third parties through the Services, their terms will govern their relationship with you. OurRippleffect is not responsible or liable for such third parties’ terms or actions.
Termination by OurRippleffect
If we, or our payment processor, discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms or their terms of service, we may suspend or prohibit your access to the Services on a temporary or permanent basis with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Service.
Limitation of liability
OurRippleffect is not liable for any damages or losses related to your use of the Services, we don’t become involved in disputes between Users, or between Users and any third party relating to the use of the Services and we don’t oversee the performance of Campaigns. When you use the Services, you release OurRippleffect from claims, damages and demands of every kind – know or unknown, suspected or unsuspected, disclosed or undisclosed – arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You are solely responsible for any resulting damage or loss to any party.
If you start a Campaign with us, we’ll deduct our fee (if applicable,as advertised on the Website) from each Donation made to your Campaign by a Donor. We will notify you of what our fee is on your Donation when you set up a Campaign (if you are a Campaigner) and when you make a Donation (if you are a Donor).
You own the content that that you upload on the Website (“Your Content”). However, by uploading Your Content, you are giving OurRippleffect permission to copy it or otherwise use it in any way necessary to operate and promote the Website and highlight and showcase Your Content to users of the Website. By uploading Your Content to the Website you also grant to OurRippleffect, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to Your Content. You also grant to OurRippleffect the right to edit, modify, reformat, excerpt, delete, or translate any of Your Content. You warrant, represent and undertake that Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant OurRippleffect all the license rights outlined here) and you further that OurRippleffect’s use of Your Content will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You acknowledge and agree that you will pay all royalties and other amounts owed to any person or entity based on Your Content, or on OurRippleffect’s hosting of Your Content and further agree that all information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated and that OurRippleffect will not be liable for any errors or omissions in any content.
OurRippleffect’s Services are legally protected in various ways, including, but not limited to copyrights, trade marks, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website. You also agree not to change, translate, or otherwise create derivative works based on information provided or displayed on the Website.
Deleting your account
We reserve the right to:
make changes to the Website and Service without notice or liability;
decide who can and cannot have a RE account or decline to offer our Services to some people;
cancel any donation or refuse to process any donation; and
reject, cancel, interrupt, remove or suspend any Campaign at any time and for any reason.
OurRippleffect is not liable for any damages as a result of any of these actions.
Disclaimer, Services provided on an as is basis
You use the Services at your own risk. The Services are provided on an “as is” basis and we provide no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all content contained therein) to the maximum extent permitted at by law in your country.
OURRIPPLEFFECT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM OURRIPPLEFFECT SHALL CREATE ANY WARRANTY.
If you do something that results in a claim being brought against us by a third party or break any of the promises you make in this agreement, you agree to defend, indemnity, and hold us harmless from all liabilities, claims and expenses including reasonable attorney’s fees and other legal costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defences.
Dispute resolution and governing law
This agreement is subject to, and will be enforced in accordance with the laws of New Zealand. In the case of any dispute, the parties agree to submit to the jurisdiction of the courts of New Zealand.
These terms, along with any terms included by reference, constitute the whole agreement between OurRippleffect and each User.
No User may transfer the rights, interests or benefits under this agreement.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent versions of this Agreement will be posted on the Website.
Date last updated: 1 January 2020