Amigo Nutrition is an online fundraising website set up to gather donations to fund the Amigo Bar, from The Sir Ray Avery Foundation.

The service exists to facilitate online donations from members of the public wishing to donate money to facilitate the production of Amigo bars.

These Terms apply to every Donor, and every Donor accepts these Terms authorising The Sir Ray Avery Foundation to deduct the value of the donation.

Donation Methods

Donors are able to donate by making a direct donation (“Direct Donation”).

Direct Donations

Donors can choose to make a Direct Donation using a valid credit card. Direct Donations are immediate, non-refundable, non-transferrable and non-disputable. The minimum Direct Donation amount is $1.

Please note that credit card based transactions are processed through a third party payment processor called Direct Payment Solutions Limited.

Credit card transactions are subject to the policies and terms defined by Direct Payment Solutions Limited, and beyond any obligations as a merchant which we are not able to exclude, we assume no responsibility for such transactions. The Donor also acknowledges that the privacy policy of Direct Payment Solutions Limited shall apply. Such policy can be found here.

Receipts and Refunds

Donors are automatically emailed a receipt for every Donation.

Privacy

We collect personal information about Users when they donate in order to send a receipt and fulfil a donation reward where applicable.

The User agrees that previous donation or fundraising history (as the case may be) can be published online (on our digital heroes wall). We shall not detail amounts donated by any particular Donor unless the Donor chooses to share this on their own social profiles through the ‘Share’ function.

Donor Trust & Confidence

The Sir Ray Avery Foundation is a registered New Zealand charity under the Charities Act.

Taxation and Accounting Matters

We strongly recommend that all Users consult with their own adviser(s) about any accounting, taxation or financial consequences. This is particularly important if a Donor requires a tax rebate for their donation.

Limitation of Liability

The Sir Ray Avery Foundation 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.

Despite any other provision in 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.

Jurisdiction

These Terms are governed by the laws of New Zealand. The User submits to the non- exclusive jurisdiction of the Courts of New Zealand.

General

If any provision in 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.

Defined Terms

In these Terms, unless the context otherwise requires:

“Charities Act” means the Charities Act 2005.

“Content” means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality provided by the User.

“Donee Tax Status” means registered donee status under the Tax Legislation for a Non-Profit Organisation which allows a donee to claim a Tax Credit.

“Non-Profit Organisation” means any not-for-profit organisation which may or may not have Registered Charitable Status and/or Donee Tax Status.

“Registered Charitable Status” means a registered charity under the Charities Act.

“Taxation Authority” means the Inland Revenue Department or any other governmental body administering Donee Tax Status.

“Tax Rebate” means any donation rebate allowable to a Member under New Zealand Legislation for making a donation to an organisation.

“Tax Legislation” means all applicable tax laws in New Zealand from time to time.

“Terms” means these Terms of Use together with any privacy policy and/or acceptable use policy.

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