in the fish Policies and Agreements

Date of Last Revision: 4 January 2021

Terms of Service

In The Fish is an online fundraising service that is owned and operated by Arketec Limited trading as In The Fish (In The Fish, We, Us or Our). Our service allows users to set up web pages (In The Fish Cause) displayed on Our website https://inthefish.com (In The Fish Website) for the purposes of seeking and receiving online donations for Your cause from members of the public.

These terms of service (Terms) describe the services that We provide for you (User, You or Your) and what we require of You in return.

From time to time We will make changes to Our Terms by posting the changes on the In The Fish website and indicating the date these terms were last revised. If the changes to Our Terms are material and will significantly impact the way that You use In The Fish, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on the In The Fish website. If You have any queries or concerns in relation to Our Terms, please contact Us at support@inthefish.com.

1. ACCEPTANCE OF OUR TERMS

By using Our services, You accept these Terms.

If You have set up an In The Fish Cause (Cause Owner), You authorise Us to collect donations from persons who choose to make a donation (Donors).

If You are a Donor, You authorise Us to pass on the donation to the recipient of the funds (Payee) who may be the beneficiary named on the In The Fish Cause (Beneficiary) or a recipient who receives the donation on behalf of the Beneficiary.

2. YOUR OBLIGATIONS

By using Our services, You agree:

• to comply with Our Code of Conduct;
• to our Content Management Policy and Privacy Policy;
• to provide Us with true and accurate information as reasonably requested by Us to conduct Our services, including as part of the registration process for establishing an In The Fish account maintained by Us to record any amounts donated (In The Fish Account), when creating an In The Fish Cause and when providing information to Us for verification purposes;
• not to upload any content (including text, pictures, graphics, audio, video, images or other data) (Content) which breaches the intellectual property rights of any third person or entity;
• not to engage in any conduct in relation to the services that violates laws (including privacy laws), rules, regulations or these Terms; and
• not to use Our intellectual property (e.g. trade marks and/or copyright) or assert any rights in any of Our intellectual property without Our prior consent. Enquiries and permission requests may be sent to support@inthefish.com.

3. IN THE FISH SERVICE FEES AND INTEREST

We deduct a service fee of 2% (exclusive of GST if applicable) on all donations (Service Fee).

We also retain any interest earned on monies held for You or Beneficiaries (see section 8 below), which We use to maintain Our services.

4. USE OF DONATIONS

We rely on the good faith of all Users of Our services to meet any stated objectives advertised on any In The Fish Cause. We are not responsible for ensuring that Beneficiaries use donations in any particular way and We cannot guarantee that donations will be applied for a particular purpose.

If You are a Donor and You are dissatisfied with the application of any donation made through an In The Fish Cause, You should raise this directly with the Cause Owner or make use of any forums on In The Fish such as the Q&A feature or “Report This Page” form, and/or contact In The Fish directly via the Helpdesk.

5. TYPES OF DONATIONS

You can make a donation by any of the means set out below.

5.1 Direct Donations

You can make an immediate donation using a credit or debit card (Card), internet banking, an In The Fish Voucher (Voucher) or by transferring funds from Your In The Fish Account. The minimum donation amount is $1.

5.2 Recurring Donations

You can create a regular donation plan via recurring Card payments (Payment Plan). Any donation made via a Payment Plan must be a minimum value of $1.

5.3 Recurring Card Plan

Donations made via Cards are processed on the date and at the frequency selected by You at the time of creating the Payment Plan. Your Card may be subject to an ongoing $1 "authorisation hold" from Your Card provider in order to complete the donation.

6. REFUNDS

All donations to an In The Fish Cause and all funds in an In The Fish Account are non-refundable and non-transferable, unless We direct otherwise (which We will only do in exceptional circumstances).

If any refund that We attempt to process is unsuccessful, the donation is surrendered to In The Fish and We reserve the right to distribute these funds to such charitable causes as We see fit.

7. USING CARDS AND INTERNET BANKING

Card based transactions and internet banking transactions are processed through a third party payment processor and are subject to the terms and conditions of the third party payment processor (found here). The privacy policy of the third party payment processor applies to any such transactions (found here).

We assume no responsibility to You for such transactions, except where We cannot limit or exclude Our responsibility under law.

If You have proved to Our reasonable satisfaction that there has been an unauthorised use of Your Card to make a donation, We will, if the donation has not yet been paid to the Beneficiary, refund the transaction to Your card. Otherwise any refunds will be at Our discretion having regard to the circumstances.

8. IN THE FISH ACCOUNT

If You have an In The Fish Account, We hold any funds within the account for You.

You can credit Your In The Fish Account internet banking, or Card payments.

If You would like to close Your In The Fish Account, please contact Us at support@inthefish.com.

9. VERIFICATION

In order to maintain compliance with laws and to ensure that We maintain a high standard of trust and confidence in Our services, We may require that a verification process takes place to verify Your identity. The verification process may include requiring You to provide Us with certain personal information. Re-verification may be required in the event that You amend or update Your details or as part of the requirements for ongoing relationships.

If You are a Payee, this process is mandatory, but We may also verify any other Users including Beneficiaries and Donors. For details on the type of information We may require from You for verification purposes please see Our Privacy Policy.

The information that We obtain as part of this process will be used for the purpose of verifying the identity of the intended Payee and/or other User (including by checking that information against third party databases or other sources). The verification process includes checks to identify Users who are politically exposed persons or close associates of such persons. If You are providing this information on behalf of the intended Payee, please ensure that You have the consent of the intended Payee to do so for these purposes.

If We cannot verify You or We identify an issue as a result of that verification process, We may not be able to register You with In The Fish or pay You any funds.

10. PAYMENT TERMS

Donations will only be paid out to verified Payees. Donations are batched and paid out (less the Service Fee) to the relevant verified Payee between the 20th and 30th day of the month following receipt of the donation by In The Fish.

We reserve the right to require an independent trustee or a change in the Verified Payee as a condition for payment. We may also require that any funds are paid to direct creditors of the Beneficiary.

In the event In The Fish makes an overpayment to a Payee, the overpaid funds must be returned to In The Fish within 3 days of that Payee being contacted by In The Fish or as otherwise agreed with Us.

11. RECEIPTS

Donors are automatically emailed a receipt (or notice of successful payment) for every donation on In The Fish.

The type of receipt or notice that will be issued will depend on the amount and type of the donation and the tax treatment of that donation. For further information please contact Us at support@inthefish.com.

12. YOUR REGISTRATION DETAILS

To register with In The Fish, You must be at least 18 years old. You confirm that all of the information You provide to Us as part of the registration process is true and accurate. It is Your responsibility to update Your details as they change from time to time.

13. IN THE FISH CAUSES

All registered Users may create an In The Fish Cause for any charitable or philanthropic funding purpose which We approve. You agree to comply with Our Content Management Policy.

When setting up an In The Fish Cause, You must make it clear what the raised funds will be used for. This purpose will be displayed on the In The Fish Web Site.

You may only create an In The Fish Cause on behalf of an organisation if You are an authorised representative of that organisation. If We receive advice contrary to the above then We will remove the page.

We reserve the right to cancel an In The Fish Cause without notice at the request of the Beneficiary or otherwise for breach of the Terms or the Code of Conduct.

We may immediately remove Content from an In The Fish Cause if any intellectual property rights are contested by a third party or if We become aware that You are not properly authorised to use any Content. If You suspect a breach of any intellectual property right on the In The Fish website, please email Us at support@inthefish.com. We may also immediately remove content if it breaches Our Code of Conduct, or We reasonably consider the content to be offensive.

Where You are a Cause Owner, but not the Beneficiary of that In The Fish Cause, You agree to obtain the consent of the Beneficiary prior to uploading any Content to the In The Fish Cause that may contain the Beneficiary's personal information. We reserve the right to remove any Content from any In The Fish Cause, at Our sole discretion and without notice, if requested by the Beneficiary.

In the event that the In The Fish holds funds raised for an In The Fish Cause for longer than 3 months and:

• no Payee has been verified; or
• the page is unable to be moderated in accordance with our Content Management Policy,

We will use reasonable endeavours to refund the funds but reserve the right to distribute the funds to such charitable causes as We see fit. No refunds will be made in the event that an In The Fish Cause raises less than $100 nor for individual donations that are less than $20.

14. PASSWORDS & SECURITY

You are responsible for keeping personal login information safe, private and secure at all times. We may take such security measures as We deem fit, including suspending or locking Your In The Fish Account or In The Fish Cause if We suspect any malicious activity or unauthorised access.

15. TERMINATION OR SUSPENSION

We may reject Your registration, In The Fish Cause creation, use of or access to Our services at Our discretion.

We may suspend or terminate Your In The Fish Cause and/or use of Our services without incurring any liability to You if:

• a serious complaint is received or a number of complaints (amounting to what We determine as a serious complaint) are received about You in relation to Your use of Our services;
• You breach these Terms, Our Content Management Policy or Our Code of Conduct;
• We consider Your behaviour to be unacceptable;
• We consider Your activity is detrimental to, or may cause distress or harm to, any person;
• in relation to suspension only, such suspension is necessary for any system maintenance (after giving You as much advance notice as is reasonably practical in the circumstances) or without notice to address security concerns in relation to Our systems;
• termination or suspension is required by any law or direction from any government, law enforcement or other authority; or
• We are unable to complete our verification processes as set out in section 9 of these Terms (including any required re-verification).

16. PRIVACY

We take privacy seriously when We collect personal information from You.

When You register, You agree to Our Privacy Policy and to Us occasionally making contact via email for matters that We deem important to Your membership, in accordance with Our Privacy Policy. You can find Our Privacy Policy here.

17. NO WARRANTIES

We will use reasonable efforts to maintain the In The Fish service, however, We do not guarantee continuous operation of the In The Fish Website or Our services.

We do not provide any further warranties in relation to Our services, and exclude any additional warranties to the extent allowed by law.

18. OUR LIABILITY TO YOU AND WHAT COMPENSATION WE WILL PAY

You have statutory rights under the New Zealand Consumer Guarantees Act 1993. Nothing in these Terms will limit Your rights under that Act, unless We are legally entitled to do so. If You use Our services for business purposes, or if the Payee or Beneficiary are not an individusal, the New Zealand Consumer Guarantees Act 1993 does not apply.

All other types of liability (including loss of profits or business) are excluded to the extent permitted under New Zealand law. In particular, We are not responsible for any information given by Us or contained on Our website in relation to the accounting, tax or financial consequences of making a donation or using In The Fish to fundraise.

In the event We are liable to You, Our maximum liability to You under these terms, however caused, is limited to the funds donated by You or received by You as a Payee or Beneficiary (as applicable).

19. YOUR LIABILITY TO US AND WHAT COSTS YOU MUST PAY

You are liable to Us for any losses We suffer and costs We incur (including all legal costs) as a result of:

• Content uploaded by You;
• Your breach of these Terms or Our Code of Conduct; or
• third party claims arising as a result of Your use of Your In The Fish Account.

20. DISPUTES OR COMPLAINTS

If You have a dispute with Us or a complaint about Our Services, We would like the opportunity to resolve this with You amicably. Please contact Us at support@inthefish.com.

In The Fish always seeks to provide You with the highest level of service. If for any reason we do not meet your expectations, please contact us. We aim to resolve all disputes as soon as they are brought to our attention, as quickly and fairly as possible. If we are unable to do so, we will set out for you the steps we will take to find a solution and the timeframe in which you can expect the matter to be resolved. You may contact us to make a complaint by email via support@inthefish.com or post Arketec Limited, Complaints Co-ordinator, 9 Holyoake Crescent, Avalon, Lower Hutt 5011.

21. 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.

New Zealand law applies to these Terms and You agree that the New Zealand courts will hear any claim brought under these Terms. Any legal proceeding will, in the first instance, be brought in a court in Wellington New Zealand.