What is Fund A Future?
Fund A Future Limited (FAF, We, Us or Our) is an online service allowing Users to claim donation tax rebates (Rebate(s)) and choose the recipient of the Rebate as directed by the User and in accordance with our Terms. These terms of service (Terms) describe the services that We provide you (User, You or Your) and what we require of You in return. By using Our service, You accept our Terms.From time to time We will make changes to Our Terms. If the changes to Our Terms are material and will significantly impact the way that You use FAF, We will notify You of the changes by reasonable means which may include emailing You in addition to posting the changes on Our website. If You have any queries or concerns in relation to Our Terms, please contact Us at firstname.lastname@example.org
1. THE FAF SERVICE & YOU
By signing up to the FAF service, you authorise and accept the following: For FAF to act as your Tax representative (for the purposes of s 124D of the Tax Administration Act 1994) for the purpose of making an application for a donation tax rebate (under s LD 1 of the Income Tax Act 2007) on your behalf. You further authorise FAF to communicate with Inland Revenue on your behalf and collect and use any of your information required to provide the FAF service to you.
For FAF to act as your agent with organisations you donated to (Donee Organisations): to obtain from them any information that is necessary to perform the FAF service. You also authorise FAF to provide donee organisations with personal information they request to source your donation data and/or process donations you make through FAF.
You are a New Zealand tax resident and your income tax filing is up to date.
You have made at least one unclaimed donation over $5 to a donee organisation during the last 4 tax years (a tax year is 1 April - 31 March) and that your taxable income during that period was more than your donations.
You may not be able to receive a donation tax rebate in the event that We do not receive the necessary information to do so and/or if the IRD does not authorise payment of a rebate.
Your donation tax rebate (if any) will be credited to the FAF Bank Account. This will be held on your behalf for the purpose of fee deduction (see section 3 below) and redirecting the funds as requested by you.For FAF to continue to act on your behalf as your tax representative.
You acknowledge that this is an ongoing service that does not terminate unless you contact us in writing to email@example.com and advise of your wish to terminate.
By using the FAF services, You further agree:
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 account maintained by Us
(FAF Account) to claim your Rebate and transfer it to a Payee, as well as for verification purposes;Not to upload any content (including text, pictures, graphics, audio, video, images or other data)
(Content) which breaches the intellectual property or identity 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) or assert any rights in any of Our intellectual property without Our prior consent.
Enquiries and permission requests may be sent to firstname.lastname@example.org
Not to use or disclose any confidential information about Us or our business including any updates we provide you, to anyone without our written consent, except if required by law. Not to use a service which competes directly with the FAF service. This can have negative effects on your experience of the FAF service and may prevent us from providing the service to you. We will use reasonable efforts to maintain the FAF service, however, We do not guarantee continuous operation of the FAF website or Our services.
2. PAYMENT TERMS
Payments are defined as: Rebate less service fee. If You have signed up for the FAF service and we receive any rebates on your behalf, You authorise Us to make payments on your behalf to a recipient of your choosing (Payee) as per below.
A Payee must only be:
a. A verified Donee organisation; orb. You - to your nominated bank account.Payments from FAF to a Donee organisation will only be paid to verified Donee organisations. No exceptions. We reserve the right to request a change of Payee as a condition of payment.
In the event that we receive the entire expected Rebate (i.e. if we are not waiting for the IRD to make related payments or assessments) and we have all the information required to make a payment (i.e. banking details), payments will be made by 20th day of the month following receipt of the Rebate by FAF.We will use reasonable endeavours to make Payments to the relevant Payee but in the event that FAF holds part or all of your Rebate for longer than 6 months due to insufficient information to verify a Payee or you have not confirmed your choice of Payee, we reserve the right to distribute the funds to such charitable causes as We see fit. In the event FAF makes an overpayment to a Payee, the overpaid funds must be returned to FAF within 3 days of that Payee being contacted by FAF or as otherwise agreed with Us.
3. FEES AND INTERESTIf the IRD determines you are not eligible for a particular tax credit or Rebate, Fund a Future will not charge a fee on that tax credit or Rebate. The Fund a Future service fee is 10% (plus GST) of your Rebate (Service Fee).We update the recipient bank account for your Donation tax credit account at the IRD and deduct our Service Fee from Rebates received in the FAF bank Account.
In some rare circumstances, the IRD may pay Rebates into another bank account nominated by you or use your tax credit or rebate to pay outstanding amounts you owe the IRD. One way this can happen is if you make or authorise changes to your personal IRD account settings that affect your donation tax credit account. If this occurs, our Service Fee remains payable and we will send you an invoice for our Service Fee with instructions to pay online. We reserve the right to refer unpaid invoices to debt collection services, at our discretion. We retain any and all interest earned on monies held for You or the Payee(s) which We use to maintain Our services.We may, at our discretion, choose to waive or donate our service fee entitlement in some circumstances.
4. VERIFICATION AND COMPLIANCE
5. YOUR DETAILS
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.
We request you provide us with your information in the manner requested (for example, through the secure links provided or via your secure login). We request you do not provide us sensitive information via email so can ensure the security of your information. If you choose to provide sensitive information to us via email or in any other way, you do so at your own risk. We may take such security measures as We deem fit, including suspending or locking Your account with Us if We suspect any malicious activity or unauthorised access.If you would like copies of donation receipts sent to Us by Donee organisations, please contact Us at email@example.com.
TERMINATION OR SUSPENSION
We may reject Your registration, use of or access to Our services at Our discretion. We may suspend or terminate Your use of Our services: a serious complaint is received about You in relation to Your use of Our services;You breach any of our Terms;We consider Your behaviour to be unacceptable or suspicious;You have an outstanding invoice;We require suspension as necessary for any system maintenance/updates;termination or suspension is required by any law or direction from any government, law enforcement or other authority; orWe are unable to complete our verification processes as set out in our Terms (including any re-verification requirements).We are unable to provide you with the service.
New Zealand law applies to these Terms. You have statutory rights under the Consumer Guarantees Act 1993 (if applicable). Nothing in these Terms will limit Your rights under that Act, unless We are legally entitled to do so.None of the information given by Us or contained on Our website constitutes accounting, tax or financial advice in any way.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.
1. YOUR PERSONAL INFORMATION
When You visit our website or use FAF, We may collect and store certain information from or about You, including information that can be used to uniquely contact, identify or locate You
Set out below is a summary of the types of information, including Personal Information that may be collected from You depending on Your interaction with FAF:
Registration: When You register or create an account with Us, We collect Your name, email and IP address(es), contact number, and location information as well as all other information we request at the time of registration and anything we further require you to send or upload for us to provide you with Our Service. We also collect donation information which we receive on your behalf from third parties, such as Donee Organisations.
Verification of Payee/User: We require the following further information, to verify Your identity and comply with our legal obligations:
- for Individuals: Individuals must provide information as requested by Us to comply with AML and other legal obligations which includes: Your IRD number, your valid NZ ID information (or in some circumstances Australian Passport), your address and date of birth. If Individuals are also Payees, then we will also require bank account information. In some rare circumstances, we may require a bank statement or other evidence satisfactory to Us to further verify your banking details;
- for Donee Organisations: for Donee Organisations: For Donee Organisations who provide donation information upon request, we will collect donation receipts and information to verify their bank details such as a bank deposit slip. Donee Organisations who complete our onboarding process are asked for additional information to allow us to onboard the organisation and determine appropriateness for our community including but not limited to the following: Organisation’s legal name, registered number, information about the organisation’s donor base and more. The representatives, trustees or other persons considered to be beneficial owners may also be required to provide the information required for an individual (above) or as required from time to time, to meet our legal obligations.
Communications: If You contact Us, such as via website chat, phone or email, We may keep a copy of that correspondence and contact you, using any Personal Information you provide Us. We may also collect messages and feedback You leave for other Users and correspondence from other Users or third parties that relates to Your activities on the FAF website.By being registered with the IRD as a tax representative and service provider, we are legally required to store your data for a retention period of at least 7 years. If you require that we send you your data and delete it from our systems, then you will assume responsibility for retaining your records for the remainder of the retention period. If your data is not returned to you, then we must retain your data for the remainder of the retention period. We are also required to provide your information to Inland Revenue upon the request of the Commissioner under the Tax Administration Act 1994. We may use the Personal Information that You provide Us for the following purposes:to provide the FAF service;to contact You about Your activity on Your account with Us;to provide You with information about FAF;to enforce or apply Our Terms;to search for your donation data;to verify Your identity and comply with our obligations; andto protect the property, rights, or safety of Users or others.
2. DISCLOSURE OF PERSONAL INFORMATIONYou consent that your Personal Information may be disclosed to third parties in the following circumstances:
Verification: Verifying any information that You give Us (or information that We may collect from other sources) with third parties, third party systems and databases, including Government agencies (for eg. NZ Transport Authority, Dept of Internal Affairs, Australian Government (if you provide Australian ID)) for complying with the Anti-Money Laundering and Countering Financing Terrorism Act 2009. You authorise any third party to provide/verify Your personal information to Us for this purpose. You understand that if We disclose Your personal information to a credit reporting agency, they may hold Your information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and they may disclose Your information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.
Independent Auditors/Public Authorities: From time to time in order for Us to comply with Our obligations We may need to disclose Your Personal Information to independent auditors. Your Personal Information will only be disclosed to public authorities (including government agencies with statutory law enforcement responsibilities) if We are required to provide them with Your Personal Information by law.
Promotion and Public Reporting: We may use fundraising data from Our service for the purposes of promotion and public reporting of FAF activity but will always aggregate, anonymise and de-personalise that data which means that individuals cannot be identified from it.
4. ACCESSING AND UPDATING YOUR INFORMATION You can access, change, update or correct Your Personal Information that is stored in Your FAF Account or held by Us at any time.You can access, change, update or correct Your Personal Information, including Your password, and/or profile information (excluding Your profile name), by contacting us at firstname.lastname@example.orgWe will retain a record of any prior email addresses registered against Your profile in order to uphold compliance with Our Terms.
5. PROTECTING YOUR INFORMATION We store your Personal Information on secure servers and take steps to maintain the security of Your Personal Information. However, there are risks that are inherent in storing and transmitting data online so the security of your Personal Information is not always guaranteed. In the unlikely event of a FAF data breach, we will immediately notify you and the privacy commission in the manner described in the Privacy Act. You are responsible for ensuring the security of Your:user name/email address; and account password.We recommend You do not disclose Your Personal Information to anyone. If You choose to share Your Personal Information with others, You will be responsible for any resulting data breaches and/or actions taken with that information.
6. USER COMMUNICATION Other than emails relating to registration, use of the FAF service and transaction details We will only send You emails that You elect to receive. Elected email communications can be managed by notifying us at email@example.com.From time to time, We will send newsletters and other communications to Users. These communications will contain instructions for how You can 'unsubscribe'. Our general policy is to contact Users by email, however other means of contact may be used (if other contact information is available).By registering with FAF, You consent to receiving electronic messages from Us for the purpose of the Unsolicited Electronic Messages Act 2007.