Terms of Service

1. Introduction

Welcome to Raised. These Terms of Service ("Terms") govern your use of our platform and services. By using Raised, you agree to these Terms and our Privacy Policy.

Raised operates as a software-as-a-service platform provider. Organisations use our Platform to create and operate their own online storefronts for fundraising and product sales. Raised provides the technology infrastructure but does not control, operate, or take responsibility for individual Organisations' storefronts, their operations, or their use of customer data.

2. Definitions

• "Platform"means the Raised website, services, software, and related applications provided as a service
• "Organisation"means any entity (including schools, sports teams, nonprofits, community groups, or individuals) that creates and operates a storefront or Campaign on the Platform
• "Wholesaler"means any entity that registers on the Platform to offer products for sale through Organisations' storefronts
• "Campaign"means a fundraising initiative or storefront created by an Organisation on our Platform
• "Customer"means any person who makes a purchase through an Organisation's storefront on the Platform
• "User"means any person or entity using the Platform, including Organisations, Wholesalers, and Customers

3. Legal Compliance

Our Platform operates in accordance with New Zealand law, including:

• Charities Act 2005
• Fair Trading Act 1986
• Consumer Guarantees Act 1993
• Privacy Act 2020
• Anti-Money Laundering and Countering Financing of Terrorism Act 2009

For information about how Raised meets its AML/KYC obligations, see our AML / KYC and Sanctions Compliance page.

4. User Obligations

You agree to:

• Provide accurate and truthful information
• Maintain the security of your account
• Comply with all applicable laws and regulations
• Not engage in fraudulent or misleading activities
• Not use the Platform for any illegal purposes

5. Platform Provider Relationship

Important: Raised is a platform provider only. We provide software and infrastructure that enables Organisations to operate their own storefronts and Wholesalers to offer products. We do not:

• Operate, control, or manage individual Organisation storefronts
• Control how Organisations or Wholesalers use customer data
• Guarantee the conduct, performance, or legality of any Organisation or Wholesaler
• Take responsibility for disputes between Customers, Organisations, and Wholesalers
• Guarantee product quality, delivery, or fulfillment
• Verify the legitimacy, charitable status, tax compliance, or licensing of Organisations
• Verify the legitimacy, product quality, or legal compliance of Wholesalers
• Investigate, monitor, or verify the truthfulness of fundraising claims or product descriptions

Each Organisation operates independently and is solely responsible for their storefront, compliance with laws, handling of customer data, and fulfillment of orders.

6. Organisation Obligations and Data Controller Responsibilities

As an Organisation using the Platform, you acknowledge and agree that:

• Data Controller Status: You are the primary data controller under the Privacy Act 2020 for all customer personal information collected through your storefront. Raised acts solely as a platform provider and data processor.
• Legal Compliance: You are solely responsible for ensuring your storefront and operations comply with all applicable New Zealand laws, including but not limited to the Privacy Act 2020, Fair Trading Act 1986, Consumer Guarantees Act 1993, tax laws, and any relevant licensing requirements.
• Legal Authority: You have legal authority to create and manage campaigns or storefronts and represent the entity you claim to represent.
• Accurate Information: You will provide accurate, truthful, and not misleading information about your organisation, campaigns, products, and use of funds.
• Privacy Obligations: You will comply with all privacy obligations as data controller, including providing customers with appropriate privacy notices, obtaining necessary consents, and responding to privacy rights requests.
• Data Security: You will implement appropriate security measures for any customer data you access or store outside the Platform.
• Customer Service: You are responsible for handling customer inquiries, complaints, refunds, and disputes related to your storefront.
• Order Fulfillment: You are responsible for fulfilling orders, coordinating with Wholesalers where applicable, and ensuring customers receive what they purchased.
• Financial Records: You will maintain proper records of sales and their use as required by law and your organisational obligations.
• Data Retention: Customer data collected through your storefront will be retained in the Platform indefinitely for operational purposes. You are responsible for managing data deletion requests from customers.

7. Wholesaler Obligations

As a Wholesaler using the Platform, you acknowledge and agree that:

• You will provide accurate product information, pricing, and inventory details
• You will fulfill orders in a timely manner as agreed with Organisations
• You are responsible for product quality, safety, and compliance with applicable laws
• You will handle customer personal information (names, addresses, contact details, order information) in accordance with the Privacy Act 2020 and only use it for order fulfillment and direct marketing purposes as consented to by customers
• You will implement appropriate security measures to protect customer data you receive
• You are responsible for coordinating with Organisations on delivery and customer issues
• You will respond to data access, correction, and deletion requests from customers regarding data you hold
• You will not misuse customer data or use it for purposes beyond order fulfillment and consented marketing

8. Fees and Payments

We charge fees for using our Platform. These fees are clearly displayed before any transaction is completed. All payments are processed securely through Stripe (we never store or have access to credit card details). Platform fees charged by Raised are non-refundable. Organisations are responsible for handling product refunds to Customers.

Payment Processing Disputes: Raised is not a party to the payment processing agreement between you and Stripe. We are not responsible for payment processor disputes, chargebacks, payout delays, account holds, or any issues arising from Stripe's services. Organisations and Wholesalers must resolve all payment processing issues directly with Stripe and their customers. Raised has no obligation to reimburse, refund, or compensate for any payment processing fees, losses, or delays.

9. Refunds and Disputes

Organisation Responsibility: Organisations are solely responsible for handling customer refunds, returns, and disputes related to their storefront, products, and services. This includes:

• Processing and issuing refunds to Customers
• Handling product quality complaints
• Resolving delivery issues
• Managing disputes with Customers

Raised may assist in coordinating between Organisations, Wholesalers, and Customers to help resolve issues, but we are not responsible for refunds or dispute outcomes.

Wholesaler Coordination: When a Wholesaler is involved in order fulfillment, the Organisation remains responsible for the customer relationship but should coordinate with the Wholesaler to resolve fulfillment-related issues.

10. Account Suspension and Termination

Raised reserves the right to suspend or terminate any User account at our sole discretion, including but not limited to:

• Violation of these Terms
• Suspicious, fraudulent, or illegal activity
• Misuse of customer data
• Violation of applicable laws
• Complaints or disputes from Customers, Organisations, or Wholesalers
• Any activity that may harm the Platform, its users, or Raised's reputation

Users may terminate their account at any time. Upon termination, Organisations remain responsible for any outstanding obligations to Customers, including order fulfillment and refunds.

11. Raised's Marketing and Content Usage Rights

By creating an account or using our Platform, you grant Raised a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, display, and distribute the following for any purpose related to promoting, marketing, or operating our Platform:

• Fundraiser Data and Metrics: All fundraiser information including but not limited to organisation names, campaign names, fundraising goals, target amounts, sales figures, revenue generated, fundraising progress, participant numbers, success metrics, and any other campaign performance data.
• Visual and Media Content: All images, videos, graphics, logos, branding materials, photographs, designs, and other media content you upload or create on the Platform.
• Organisation Information: Your organisation name, logo, description, location, type, and any public-facing information about your organisation or team.
• Testimonials and Feedback: Any reviews, testimonials, feedback, comments, or communications you provide about the Platform or your experience using it.
• Success Stories: Case studies, success stories, and examples showcasing your fundraising campaigns, outcomes, and achievements using our Platform.
• Product and Campaign Information: Details about products sold, campaign structures, fundraising strategies, and how you use the Platform.

How We May Use This Content:

• On our website, marketing materials, and promotional content
• In social media posts, advertisements, and campaigns (Facebook, Instagram, LinkedIn, Twitter, TikTok, etc.)
• In email marketing, newsletters, and customer communications
• In presentations, pitch decks, and sales materials
• In case studies, blog posts, articles, and press releases
• In Google Ads, paid advertising, and sponsored content
• In videos, webinars, podcasts, and other multimedia content
• In print materials, brochures, and event materials
• On third-party platforms, media outlets, and partner websites
• To demonstrate Platform features, capabilities, and success metrics to prospects
• For internal business purposes, analytics, and Platform improvement

Licence Terms:

• This licence is worldwide, perpetual (continues indefinitely), and irrevocable
• We may modify, crop, resize, edit, or adapt your content as needed for different marketing formats
• We may combine your content with other materials, add text overlays, voiceovers, or other enhancements
• We may use your content even after you close your account or stop using the Platform
• This licence does not require us to seek further permission or provide compensation
• You waive any moral rights you may have in the content to the extent permitted by law

Representation and Warranty: By uploading content to the Platform, you represent and warrant that you own all rights to the content or have obtained all necessary permissions and licences to grant us these rights. You are responsible for ensuring you have the legal right to provide us with this content and that using it as described will not violate any third-party rights or applicable laws.

12. Customer Data Sharing and Consent

As a Customer purchasing through our Platform, you consent to the following:

• Data Sharing with Organisation: Your personal information (name, email, phone number, delivery address, order details) will be shared with the Organisation running the storefront. The Organisation is the primary data controller and may use your information for:
  • Order fulfillment and delivery coordination
  • Customer service and support
  • Record-keeping and financial reporting
  • Future fundraising campaigns and communications
  • Direct marketing (subject to your consent preferences)
• Data Sharing with Wholesalers: If the Organisation uses a Wholesaler to fulfill your order, your personal information will also be shared with that Wholesaler. Wholesalers may use your information for:
  • Order processing, inventory management, and delivery
  • Customer support related to products
  • Direct marketing of their products (subject to your consent preferences)
• Data Retention: Your data will be retained by the Platform, Organisation, and Wholesaler (if applicable) indefinitely for operational, legal, and business purposes.
• Marketing Communications: Organisations and Wholesalers may contact you for marketing purposes. You can opt out of marketing communications at any time by contacting the Organisation or Wholesaler directly or by using unsubscribe links in their communications.
• Your Rights: To exercise privacy rights (access, correction, deletion) regarding data held by an Organisation or Wholesaler, you must contact them directly. Raised can assist in facilitating these requests but is not the primary data controller.

Payment Information: Credit card details are processed directly by Stripe and are never accessible to Raised, Organisations, or Wholesalers.

13. Indemnification

Organisation and Wholesaler Indemnification: As an Organisation or Wholesaler using the Platform, you agree to indemnify, defend, and hold harmless Raised, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or relating to:

• Your use of the Platform and operation of your storefront or product offerings
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any rights of any third party, including Customers, other Organisations, or Wholesalers
• Your handling, use, or misuse of customer personal information
• Any data breach or security incident involving customer data you control
• Your failure to fulfill orders, provide refunds, or resolve customer disputes
• Any false, misleading, or deceptive information you provide on your storefront
• Product quality, safety, or compliance issues
• Any claims brought by Customers against Raised relating to your storefront or products
• Your violation of the Privacy Act 2020, Fair Trading Act 1986, Consumer Guarantees Act 1993, or other applicable laws

This indemnification obligation survives termination of your account and these Terms.

14. Platform Security and Data Breaches

While Raised implements reasonable security measures to protect the Platform and data stored on it, no system is completely secure. You acknowledge and accept the following:

• No Absolute Security: We cannot guarantee that the Platform will be completely secure from unauthorized access, hacking, data breaches, viruses, malware, or other security threats.
• Third-Party Attacks: We are not liable for security breaches, data theft, or unauthorized access resulting from third-party attacks, vulnerabilities outside our reasonable control, or user error (such as weak passwords or phishing attacks).
• Notification Only: In the event of a security incident affecting the Platform, our obligation is limited to notifying affected users and relevant authorities as required by the Privacy Act 2020. We are not liable for damages arising from such incidents beyond our legal notification obligations.
• User Responsibility: You are responsible for maintaining the security of your account credentials and for any actions taken through your account, whether authorized or not.
• Third-Party Services: We are not responsible for security breaches or data loss occurring in third-party services (such as Stripe, hosting providers, or other service providers), even if those services are used in connection with the Platform.

By using the Platform, you acknowledge these risks and agree that Raised's liability for security incidents is limited to the maximum extent permitted by New Zealand law.

15. Intellectual Property and Copyright Infringement

User Content Warranty: You represent and warrant that you own or have obtained all necessary rights, licences, and permissions for any content you upload to the Platform, including but not limited to images, videos, logos, text, and other materials. You warrant that your content does not infringe any third-party intellectual property rights, including copyrights, trademarks, trade secrets, or other proprietary rights.

Copyright Infringement Claims (Copyright Act 1994):

If you believe that content on the Platform infringes your copyright under the Copyright Act 1994, please provide Raised with the following information:

• A description of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material is located on the Platform
• Your contact information (name, address, phone number, and email)
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner
• A statement that the information in your notice is accurate
• Your physical or electronic signature

Send copyright infringement notices to: [email protected]

Raised's Role: Upon receiving a valid infringement notice, Raised may remove or disable access to the allegedly infringing content at our discretion. However, Raised is not responsible for monitoring user content or determining whether content infringes third-party rights.

User Liability: Any intellectual property infringement claims arising from content uploaded by a User are subject to the indemnification provisions in Section 13. The User who uploaded the infringing content is solely responsible for defending against and paying any damages or costs arising from such claims.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content, information, or services provided through the Platform
• Warranties that defects will be corrected or that any particular results will be achieved
• Warranties regarding the conduct, performance, legality, or trustworthiness of any User (Organisation, Wholesaler, or Customer)

You use the Platform entirely at your own risk. No advice or information, whether oral or written, obtained from Raised or through the Platform will create any warranty not expressly stated in these Terms.

17. Limitation of Liability

To the maximum extent permitted by law, Raised's liability is limited as follows:

• Platform Availability: We do not guarantee uninterrupted or error-free operation of the Platform. We are not liable for any downtime, data loss, or technical issues.
• Third-Party Actions: We are not liable for the actions, conduct, or content of Organisations, Wholesalers, or Customers using the Platform.
• Transactions: We are not a party to transactions between Customers and Organisations. We are not liable for product quality, delivery, refunds, or disputes.
• Data Handling: While we provide the Platform infrastructure, Organisations are the primary data controllers. We are not liable for how Organisations or Wholesalers handle customer data.
• Maximum Liability: To the extent permitted by law, our maximum aggregate liability to you for any claims arising from or relating to these Terms or the Platform shall not exceed the amount of fees you paid to Raised in the 12 months preceding the claim.
• Exclusion of Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or business opportunities.

Consumer Guarantees Act: Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or other mandatory consumer protection laws.

18. Consumer Guarantees Act 1993 - Business Transactions

For Organisations and Wholesalers (Business Users): If you are acquiring the Platform services for the purposes of a business, you acknowledge and agree that:

• The Consumer Guarantees Act 1993 does not apply to your use of the Platform, as permitted by section 43 of that Act
• You are acquiring the services for the purpose of operating your Organisation's storefront or Wholesaler business
• This exclusion does not apply to transactions between Customers and Organisations - Customers retain all rights under the Consumer Guarantees Act 1993

For Customers: Nothing in these Terms limits or excludes any rights you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other mandatory consumer protection laws.

19. Force Majeure

Raised shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, including natural disasters, earthquakes, floods, storms, or epidemics
• War, terrorism, riots, civil commotion, or acts of government or military authority
• Fire, explosion, or industrial accidents
• Strikes, lockouts, or other labor disputes (not limited to Raised's own workforce)
• Internet, telecommunications, or network infrastructure failures or outages beyond our control
• Power failures or energy shortages
• Failure of third-party service providers (including hosting providers, payment processors, cloud services, or ISPs)
• Cyber-attacks, hacking attempts, DDoS attacks, or malicious software attacks by third parties
• Government orders, embargoes, or legal restrictions
• Pandemics or public health emergencies

In the event of a force majeure circumstance:

• Raised's obligations under these Terms shall be suspended for the duration of the force majeure event
• Raised shall use reasonable efforts to mitigate the effects of the force majeure event and to resume performance as soon as reasonably practicable
• Raised shall not be liable for any damages, losses, or expenses arising from the force majeure event
• If the force majeure event continues for more than 30 days, either party may terminate the affected services upon written notice

This force majeure clause does not excuse Users from their payment obligations for services already rendered or fees already incurred.

20. Raised Intellectual Property

All content on the Platform (excluding user-generated content) is owned by Raised and protected by copyright, trademark, and other intellectual property laws. This includes the Raised name, logo, website design, software code, and all related materials. Users retain ownership of their content but grant us a licence to use it for Platform purposes as outlined in Section 11.

21. Dispute Resolution and Governing Law

Governing Law:

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles. The New Zealand courts shall have exclusive jurisdiction over any disputes arising from these Terms or the Platform.

For Business Users (Organisations and Wholesalers) - Arbitration:

If you are an Organisation or Wholesaler using the Platform for business purposes, you agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Platform (except for disputes relating to intellectual property rights or seeking injunctive relief) shall be resolved by binding arbitration in accordance with the Arbitration Act 1996 of New Zealand, under the following terms:

• The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if no agreement can be reached, appointed by the Arbitrators' and Mediators' Institute of New Zealand (AMINZ)
• The arbitration shall take place in Christchurch, New Zealand, or remotely by video conference
• The arbitration shall be conducted in English
• Each party shall bear its own costs and legal fees, with the arbitrator's fees to be split equally unless the arbitrator determines otherwise
• The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction
• This arbitration agreement does not prevent either party from seeking emergency or interim relief from a court

Note: This arbitration provision applies only to disputes between Raised and business users (Organisations/Wholesalers). It does not apply to disputes involving Customers, who retain all rights to pursue claims in court.

Disputes Between Users:

Disputes between Customers, Organisations, and Wholesalers should be resolved directly between the parties. Raised is not obligated to mediate or resolve such disputes but may assist at our sole discretion. Raised is not a party to transactions between Users and shall not be joined or included in any dispute resolution process between Users.

Informal Resolution:

Before initiating any formal dispute resolution process, we encourage all parties to contact us at [email protected] to attempt to resolve any issues amicably through good faith negotiations.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect. If a court finds that any limitation of liability or disclaimer of warranty is unenforceable, such limitation or disclaimer shall be enforced to the maximum extent permitted by applicable law.

23. Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Raised regarding the use of the Platform and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, between you and Raised. No amendment, modification, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Raised.

24. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Raised's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Changes to Terms

We may update these Terms from time to time at our sole discretion. We will notify users of material changes by posting the updated Terms on the Platform with a new "Last updated" date and, where appropriate, by email or other prominent notice. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform.