1. You may make donations to us, and certain products and services may from time to time be made available to you by Dry July NZ Trust ("us") through the Dry July Website.
2. By making donations, or placing an order for any products or services through the Dry July Website, you agree that you have read, understand and agree to be bound by these terms and conditions in effect at the time of donation or purchase (Payment Terms).
3. Your donations, purchase orders and your use of the Dry July Website are also governed by other terms of "Our Agreement" including the Dry July Website Terms and Conditions (Terms and Conditions). You must also read the Terms and Conditions before making any donation or purchase. Some of the terms used in these Payment Terms are defined in the Terms and Conditions.
4. These Payment Terms are subject to change without prior written notice at any time and such changes shall apply to any purchase orders or donations made after such changes are posted to the Dry July Website. The Terms and Conditions may also be amended from time to time. Therefore, you should review these Payment Terms and the Terms and Conditions prior to making each purchase order or donation so you will understand the terms applicable to your transaction.
5. If you do not agree to these Payment Terms or Terms and Conditions, do not make any donations or place any purchases orders on the Dry July Website.
6. To make a donation or place a purchase order on the Dry July Website, you must:
(a) be over 18 or have the consent of your parent or guardian;
(b) comply with these Payment Terms (and the Terms and Conditions);
(c) have a current email address; and
(d) have a valid credit card account which you are authorised to use for making the donation or placing the purchase order by under these Payment Terms and other Terms and Conditions.
7. You agree to accept responsibility for all donations and purchase orders made by you by someone on your behalf.
Payment Method and Terms
8. All donations and payments which you make to Dry July through the Dry July Website are made through a separate credit card transaction gateway, the Braintree Payment System (Braintree Payment System) (https://www.braintreepayments.com).
This gateway is not operated by us. The Braintree gateway is operated by a third party provider called Braintree (https://www.braintreepayments.com). Transactions through this gateway are processed and settled by Bank of New Zealand (BNZ).
9. The Braintree Payment System accepts Visa and Mastercard credit cards as forms of payment.
10. By submitting a donation or purchase through the Braintree Payment System, you authorize BNZ to charge the account you specify for the donation or purchase amount.
11. All payments are to be made in New Zealand Dollars.
12. You must not pay, or attempt to pay, for products or services or make a donation in relation to Dry July through any fraudulent means.
13. Please see the Privacy section below regarding how we deal with your credit card number and other personal information.
Consent to communications
14. You agree that we may contact you or the recipient of a product or service under a purchase order (the Recipient) in relation to your donations or purchases through the Dry July Website. You provide us with all necessary consents for these purposes. You acknowledge that our main form of communication with you will be by email or through the Dry July Website.
15. You agree that BNZ and Braintree may contact you or the credit card holder or account holder in relation to your donations or purchases through the Dry July Website. Otherwise you acknowledge that our main form of communication with you will be by email or through the Dry July Website.
16. You may opt-in to certain communications from us or third parties. If you do so, we or third parties may communicate with you in accordance with your opt-in unless you notify us otherwise.
17. If you order products or services, or make a donation, through the Dry July Website we may require you to confirm details (including contact details) and to provide further information needed by us or BNZ to facilitate the processing of any donations or payments that you make. You agree to provide us with current, complete and accurate details when asked to do so for this purpose.
Placing purchase orders
18. Prices of products and services displayed on the Dry July Website are current at the time of issue, but are subject to change without notice. You should check the price of a product or service at the time of placing an order for it.
19. Any order placed by you through the Dry July Website for a product or service is an offer by you to purchase the particular product or service for the price notified (including the delivery and other charges and taxes) at the time you place your order.
20. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product description posted on the Dry July Website, or an error in your order.
21. We will email you an order confirmation for the sole purpose of confirming the details of your offer. Please note that our order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
22. Orders will not be accepted and products will not be despatched or service arranged until payment in full has been received and we are satisfied with the integrity of the order and the validity of payment. We will send you a payment and delivery confirmation at that time. We reserve the right to cancel an order after a payment and delivery confirmation at that time if payment could not be completed.
23. Please note that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation, by us.
Stopping orders or donations
24. If you need to cancel a purchase order or donation, please contact us immediately at [email protected].
25. Once we have accepted payment for a purchase order or donation, cancellation of it is within our sole discretion.
26. Orders that cannot be cancelled will be subject to the terms on refunds and returns set out below in these Payment Terms.
27. There is no refund on any donation made however we reserve the right to have a donation refunded at our discretion if requested by you. This clause applies even if the participant in relation to which the donation was made does not complete Dry July, makes any misrepresentations, is fraudulent or for any other reason.
Delivery of receipts and paper products
28. You must provide us with a current email address and where applicable a Recipient.
29. All receipts and most intangible or paper-based products and services will generally be delivered through email only. Any other products will be delivered in accordance with our Delivery Policy.
30. You consent to us sending receipts and, where applicable, products to the email address(es) you provide to us.
Risk and title in products
31. As between you and us, we will retain title to the products you order through the Dry July Website until the latter of your making payment in full for those products and delivery of the products to you, but all risk in the products will pass to you upon their delivery to you.
Refund and returns for products or services
32. We do not accept returns of products or refunds for services which are not wanted or because you have changed your mind. Please choose your products and services carefully.
33. In relation to products purchased by you from the Dry July Website, we are not responsible for compliance by a manufacturer of a product with any manufacturer's guarantee or warranty.
34. You or a Recipient may return or seek a refund for a product that has been purchased from the Dry July Website and is not subject to a manufacturer's guarantee or warranty if:
(a) it is damaged or faulty upon receipt of delivery to you;
(b) there is a fault in the product which is evident within 14 days (other than faults due to
intentional or malicious damage or clear misuse of the product); or
(c) we reasonably agree that the product is not of merchantable quality.
35. You or a Recipient may seek a refund on a service that has been purchased from the Dry July Website if:
(a) it is not in accordance with the description for the service;
(b) it was not available as advertised; or
(c) we reasonably agree that a refund is suitable in the circumstances.
36. If you or a Recipient are eligible for a return of a product under these Payment Terms:
(a) except where required by law, you or the Recipient must return product within 14 days of receipt of the product together with a completed form providing details and certifying that the product was damaged, faulty or unmerchantable at the time of, or within 14 days of, receipt ("the returns form").
(b) upon return of the product together with the completed returns form, we will refund the original product price to the credit card holder pursuant to which the purchase was made including any delivery fees paid at the time of purchase and any reasonable amount paid by you to return the product ("the Return Price"). Alternatively, if you request a replacement in the returns form, we may in our discretion provide you with a replacement. If we do this, we will despatch the replacement item to you or, where applicable, a Recipient (subject to availability) at our cost. Any replacements will be provided only after we receive the product.
(c) please ensure an appropriate proof of return is kept whether the products are returned via an New Zealand Post Office or any delivery service. If the returned products goes missing in transit to us, it will be deemed that the products have not been returned. It is your responsibility to ensure the products are adequately packaged to ensure that they are not damaged during return transit.
37. Please note that refunds or replacements will not be available for products that are returned and are found not to be damaged, faulty or unmerchantable or otherwise within a manufacturer's guarantee or warranty.
38. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your donation or purchase.
39. We do not guarantee that you will be eligible for any tax benefit by making a donation or purchasing a product from us except to the extent that we currently hold an endorsement for deductible gift status.
40. If GST is imposed on any supply of a product or services through the Dry July Website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
You must read these disclaimers on safety and security and availability
43. As noted above, Dry July uses a separate credit card transaction gateway provided by Braintree (https://www.braintreepayments.com) to process your credit card transactions directly with NAB. The security protection employed by Braintree is available here: https://www.braintreepayments.com/legal.
44. You agree to the disclaimers set out the Terms and Conditions in relation to the security, safety and availability of the Dry July Website.
We limit our liability
45. Our liability in connection with your donations and purchase orders (and subsequent delivery of products and services) is excluded or limited in accordance with this section ("we limit our liability"). The "we limit our liability" section of the terms and conditions of the Terms and Conditions also apply.
46. To the extent by permitted by law, we make disclaim all representations, and make no warranties of any kind, express or implied, with respect to:
(a) any products or services for which orders are placed through the Dry July Website; or
(b) any participant in respect of which a donation is made.
47. We make no representations as to, and are not responsible for, the accuracy of the information presented in relation to products or services (except as to price) or participants or your reliance on such information.
48. Products and services ordered through the Dry July Website are provided or sold "as-is" and to the extent permitted by law we disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. To the extent permitted by applicable law, we exclude all other warranties and conditions that may otherwise be implied into these Payment Terms, including in relation to a product or service purchased or ordered by you and including as to merchantability, fitness for a particular purpose or non-infringement. Our liability for breach of such term which cannot be excluded will, to the extent permitted by law, be limited, at our option, to the supply of the relevant product or services again or the payment of the cost of having the goods or services supplied again in accordance with these Payment Terms.
49. Dry July is not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes that we provide no warranties and have no liability in connection with, to the extent permitted by applicable law:
(a) any payment by you through the Braintree Payment System;
(b) any fraud, misrepresentation or other form of deception by a participant in relation to a donation;
(c) any third party products or services ordered or sought to be ordered by you through the Dry July Website;
(d) the unavailability of any product or service ordered or sought to be ordered by you through the Dry July Website; and
(e) the use or misuse of products or services ordered by you through the Dry July Website.
50. To the extent permitted by applicable law, we are not responsible for and have no liability in relation to:
(a) loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
(b) personal injury;
(c) death; or
(d) loss of data, loss of profits, loss of revenue, loss of opportunity, incidental or consequential loss, whether suffered by you or any other party and however so arising, including claims based in contract (including for repudiation), tort (including negligence), common law, equity, statute or otherwise. To the extent permitted by law, this includes such loss, injury or death related to any product or service purchased by you or used by a Recipient.
51. We are not responsible for and have no liability in relation to any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
52. You are liable to us for any claims or damages relating to any misuse by you of another person’s credit card information.
53. If, subject to what is set out in this "We limit our liability to you" section, we are liable, you agree that we are only liable up to the greater of NZD$100 or the amount you donated or the price for a purchase.
54. You must take reasonable steps to minimize the extent of the loss you may suffer for which we may be liable. You must notify us in writing of your loss as soon as is reasonably possible.
Other contract terms
55. These Payment Terms are governed exclusively by the laws of New Zealand.
56. To the extent of any inconsistency between these Payment Terms and other terms and conditions or other terms of Our Agreement, these Payment Terms have priority.
57. If any portion of these Payment Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
58. If we fail to enforce any of these Payment Terms, it will not be considered a waiver.
59. You will not transfer any of your rights or obligations under these Payment Terms to anyone else without our consent.
60. All of our rights and obligations under these Payment Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Last modified on 20th May 2015.