Last updated: September 2021
1. By accessing and using https://fulfilledfundraisers.com (the Website) and any of the products, content and/or services available on it (the Products), all users agree with Fulfilled Limited NZBN: 9429048663632 (Fulfilled) to be legally bound by these terms and conditions (Terms).
2. The terms applying are those currently appearing on our website. We reserve the right to vary or change our Terms at any time.
3. Any user who does not agree to these Terms is not authorised to access or use the Website and/or the Products.
4. You may create an account as an individual (who must be over the age of 16 years) or as a business (Member), Users must have a valid email address that you provide to us and keep current. If you are under the age of 16, your legal guardian must set up your account for you and must authorise your purchases.
5. When you create an account and provide certain information as prompted by the Website (a Member Account), all information that you provide must be current, true, complete and accurate.
6. Fulfilled reserves the right to reject any application to become a Member and to revoke or suspend any Member Account for any reason whatsoever.
7. All Members must keep their username and password secure at all times. Each Member is responsible for all use of the Website and Products using their username and password.
8. No Member may permit or allow any other person to use their Member Account. If we discover that a Member is doing so, we may cancel their membership at any time without prior notice.
9. Payment and prices for our Products may be changed (with or without notice) and access for new users may be varied or discontinued at any time.
10. Fulfilled accepts payments for our Products via a secure third-party payment gateway, Stripe. Payments are handled by Fulfilled and we do not keep your payment details.
11. Unless otherwise stated, Products are delivered at the time of receipt of payment and are non-refundable, subject to New Zealand Consumer Law. Where we have offered a money-back guarantee period, if you decide the service is not for you, please contact us at firstname.lastname@example.org during the money-back guarantee period and we will arrange a refund. Please include in your email your name, order number and date of purchase. No refunds will be made after the money-back guarantee period expires.
12. If you request a refund, you will lose all rights, access and progress reports to the Products. Our refund policy only applies to the first time you purchase the Product. Second time purchases will not be permitted the same rights to refund. We understand that sometimes the timing may not be right when you purchase our product and you may return to purchase later, but please be aware second purchase refund requests will not be permitted. This is to protect our Products from individuals who may take advantage of our refund policy.
13. If you are purchasing an exclusive Product offering for registered nonprofits, you will go through a pre-approval process which can take up to 72 hours or longer to process. You must fill in the fields titled Nonprofit registration number and Organisation / Company name to receive the exclusive offer. Fulfilled holds the rights to accept or reject any pre-approval applications being made.
14. To be eligible for our Products as an individual or as a business, you must create an account (Member) and have a valid credit/debit card to make the payment in accordance with these Terms.
15. You must provide sufficient details to allow Fulfilled to invoice you in accordance with these Terms.
16. You will not be entitled for any additional special deals or discounts for Products which may be offered by us or in conjunction with any of our partners or sponsors.
17. We may make changes to our Products at our sole discretion from time to time, including by: making changes to the content; altering the format or features of the Products or the mechanism for delivery; and/or changing, adding or removing functionality of the Website.
18. You agree that you may only use the Website and the Products for lawful and authorized purposes.
19. You shall indemnify Fulfilled, its directors, employees, officers and agents from and against any and all losses, expenses, damages and costs (including reasonable legal costs) arising out of your use of the Website and the Products or from any breach of these Terms by you (including negligent or wrongful conduct by you or any other person accessing the Website and/or Products in your name or on your behalf).
20. To the extent that Fulfilled is liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms, or for any other reason, such liability is limited to the maximum aggregate amount of NZ$10.00.
21. We will use our best efforts to promptly address (during our normal business hours) all technical issues that arise in relation to the Website and the Products. However, we will not be liable for:
a) any loss or damage suffered as a result of any partial or total breakdown of the Website and/or the Products
b) any technical malfunctions
c) the Website and/or the Products being unavailable or performing slowly
d) any viruses or other forms of interference that may damage any User’s, or Member’s computer system.
If you require technical assistance, please contact us at email@example.com
22. Links and references on the Website to external websites or third party material (including advertisements) are not controlled by Fulfilled, and as such Fulfilled is not responsible for those links including the content or privacy policies of such external websites.
23. Fulfilled alone owns all the intellectual property and proprietary rights (including, without limitation, all copyright) existing in the Website and the Products and all content on or contained therein, including all text, images, videos, logos and layout (the Website Material).
24. You will not (in any way) copy, reproduce, republish, upload, post, transmit, distribute or store or modify the Website Material in whole or in part without Fulfilled’s prior written consent.
25. Fulfilled will process the payment of the advertised price on the Fulfilled website at the time of purchase.
26. The payment will be processed to your nominated credit or debit card at the time of purchase.
27. Fulfilled will use a service provider (chosen by us) to charge your nominated credit or debit card.
29. Any non-enforcement by Fulfilled of any of our rights under these Terms will not constitute a waiver of those rights. Any waiver by Fulfilled of those rights will not constitute a waiver on any subsequent occasion. No waiver will be effective unless it is made in writing.
31. To request access to or correction of your personal information, please contact us at firstname.lastname@example.org
32. We may assign any or all of our rights and obligations pursuant to these Terms without the need to obtain your consent.
33. You may only assign any or all of your rights and obligations pursuant to these Terms with our prior written consent.
34. If any part of these Terms is found to be invalid or unenforceable, it shall be modified so as to be valid and enforceable (as the case may be). If modification is not reasonably possible then it will be treated as deleted from these Terms and the rest of these Terms will continue to remain in force.
35. These Terms and your use of the Website and Products are governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms.