Terms & Conditions

1. Overview

Donorbees Limited facilitates online fundraising to Charitable organisations, via a Webapp (app.donorbees.buzz) that is operated by Donorbees Limited. The technology used to facilitate the management of the donations and charity administration is owned by Brainwave Technology Limited and licenced to Donorbees Limited.  Funds donated via the Webapp are received, receipted and administered by Donor Bees Trust (Registration number CC63408). Donorbees Limited also operates a Website which provides an overview of its business operation, with login access to the Webapp.

2.  Acceptance of Terms

By accessing and using the Website and/or the Webapp, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use either the Website or the Webapp.

We reserve the right to amend these Terms of Use from time to time.  The latest version of these Terms of Use will always be available on the Website. By continuing to use the Website or the Webapp after any changes to our Terms of Use, you are deemed to have accepted and shall be bound by those changes. If at any time you no longer agree to our Terms of Use, you must immediately discontinue using the Website or the Webapp.  

3.  Definitions

In these Terms of Use, unless the context otherwise requires:

“Charity” means a not-for-profit organisation which is a Charitable Entity under the Charities Act 2005 and/or a Donee Organisation under Tax Legislation that we have approved to be able to receive donations via the Webapp. “Charity” includes the plural “Charities”.  

“Content” means data or other information and includes all text, pictures, graphics, audio, video, images, other data and functionality created by you or us.

“Dispute” means a question, difference or dispute relating to these Terms of Use.

"Giving Wallet" means the funds available for the Donor to distribute to Charities of their choice.  The Giving Wallet is funded by the transfer of funds via payroll giving managed by the payroll of the Donor's employer.  The funds in the Giving Wallet are managed by Donor Bees Trust on behalf of the Donor.

"Intellectual Property Rights" means all trademarks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, Content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same in respect of the Website and/or the Webapp, any software developed by us and applied in the Website and/or the Webapp, and any underlying materials contained on the Website and/or the Website.

"Service Fee" means the fee which is levied on all donations made via the Webapp, which covers the fees charged by Brainwave Technology Limited and administration costs incurred by Donorbees Limited.  This fee will be reviewed from time to time and the detail and amount of this fee will be shown clearly to the person paying the fee.  If the employer is paying the Service Fee, the Donor using the Website will not see this charge.

"Taxation Authority" means the Inland Revenue Department or any other governmental body administering the recognition of Donee Organisations.

"Tax Credit" means any donation rebate allowable under Tax Legislation for making a donation.

"Tax Legislation" means all applicable tax laws in New Zealand from time to time.

"Terms" means these terms of use together with any privacy policy and/or acceptable use policy.

“Website” means the website located at www.donorbees.org.nz

“Webapp” means an internet website that operates with app like behaviour to enable ease of use on a phone-sized screen and a desktop computer and is located at www.app.donorbess.buzz

4. User Eligibility

You must be at least 18 years of age to use the Webapp. By using the Webapp, you represent and warrant that you meet this requirement.

5. Donor User Account

  • You may be required to create an account to access certain features of our website.
  • You are responsible for maintaining the confidentiality of your account information.
  • You are responsible for all activities that occur under your account.
  • You agree to notify us immediately of any unauthorized use of your account.

Donation decisions are made by the User and the funds are transferred from the Donor User Giving Wallet to the Charity.  If the Service fee is not paid by the employer as part of their payroll giving programme, the User will be asked if they wish to Service Fee to be deducted from the Donation before transfer to the Charity, or if they wish to pay the Service Fee in addition to the Donation.  If it is in addition to the Donation, this SErvice Fee will be deducted from their Donor Giving Wallet funds.

The Charity donations are managed by Donorbees Trust, aggregated per Charity and paid to the nominated New Zealand bank account of the Charity monthly.

Donations made via the Website are immediate.   Any dispute relating to a Donation decision by a User must be notified to hello@donorbees.org within 48 hours of the Donation being made.  Any dispute decision is solely at the discretion of Donorbees, therefore a User should consider that a Donation is immediate, non-refundable and non-transferrable unless agreed otherwise.

4. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of the website owner or its content suppliers and is protected by international copyright laws.

You may not reproduce, distribute, display, or transmit any content on this website without prior written permission from the website owner.

5. Registering as a Charity

Registration as a Charity on the Website is by invitation only. When we decide to invite an organisation to be registered on our Website we will provide registration details via email. Registration is free. A Charity must update us immediately if there is any change in their status as either a Donee Organisation or a Charitable Entity or if they cease operating. 

Registered Charities will have the following information displayed on the Website and/or our Webapp: Their name, the nature of their charitable work, how they might use donations received through Donorbees, and other news or updates of interest by potential Donors.  

We may remove a Charity’s registration at any time. We will use reasonable endeavours to consult with a Charity prior to removing its registration. 

By submitting content to our website, you grant us a worldwide, non-exclusive, royalty-free license to use the content for the promotion of the Charity through the website.

All information, images and content provided by a Registered Charity remains the property of the Charity.  You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit. You agree not to submit content that is illegal, offensive, defamatory, or infringing on third-party rights.  

6. Prohibited Activities

You agree not to:

    • Use the Website or the Webapp for any illegal purpose
    • Transmit any viruses, malware, or other harmful code
    • Interfere with the security or functionality of the website
    • Collect user data without consent
    • Impersonate any person or entity
    • Engage in any activity that disrupts the website's services

7.  Harmful Digital Communications Act 2015

The Harmful Digital Communications Act (HDCA) sets out to deter, prevent and mitigate harm caused to individuals by harmful digital communications.  This includes cyber bullying, harassment and revenge porn posted online through emails, text, websites, applications or social media. 

Harmful digital communication and cyber bullying includes:

      • sending or publishing threatening or offensive material 
      • spreading damaging rumours 
      • sending or publishing sensitive personal information such as embarrassing photos and videos.  

Digital communication is defined widely in the Act to include any form of electronic message such as texts, photos, pictures, recordings etc. 

The test for determining what is a harmful digital communication is whether the communication was designed to cause serious emotional distress. This is also very wide in its scope.

If you are deemed to have posted any Content that breaches the requirements of the HDCA or is deemed harmful and/or offensive, Donorbees may take action by removing specific content and may notify relevant authorities.

8. Disclaimer of Warranties

We will use reasonable efforts to maintain an acceptable performance of the Website and the Webapp and our support of Website and Webapp users, however we do not guarantee continuous operation of the Website or the Webapp, our support services or integrity of the data stored or transmitted via the Website or the Webapp, Internet or any services. This warranty replaces all other representations or warranties (statutory, express or implied) and all such representations and warranties (save any which may not be lawfully excluded).                                                     

9. Limitation of Liability

We are not liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of the Website whether foreseeable or not.                                                      

If, despite any other provision in these Terms of Use, we are determined liable to you for losses, our liability is limited to:

      • in respect of a person who makes a Donation, a maximum amount equal to funds donated by that person in respect of any donation connected to the loss;
      • in respect of a Charity, a maximum amount equal to funds received for the benefit of that Charity in respect of any donation connected to the loss;

You indemnify and hold Donorbees Limited, its subsidiaries, affiliates, officers, employees and contractors, volunteers and pro-bono partners, and Trustees of Donor Bees Trust harmless from any liabilities, claims, expenses or demands including legal fees and costs made by any third party due to or arising out of:

      • your use or misuse of the Website or the Webapp; 
      • the Content uploaded by you;
      • the violation of laws, rules, regulations or terms in these Terms by you; or
      • infringement by any Content uploaded by you of any intellectual property or any other right of any person or entity.

We reserve the right, at our own expense, to assume the exclusive defence in control of any matter otherwise subject to the indemnity given by any person or entity, in which event the person or entity agrees to cooperate with us in asserting any available defences.

10. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content or practices of these websites and do not endorse them.

11. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time.  Changes will be effective immediately upon posting on the website. Your continued use of the website or webapp after changes constitutes acceptance of the modified terms.

12. Termination

We reserve the right to terminate or suspend your access to the website at our sole discretion, without notice, for conduct that we believe violates these Terms and Conditions.

13. Governing Law

These Terms are governed by the laws of New Zealand. You and we agree that any disputes relating to these Terms will be heard by the Courts of New Zealand.

14.  Dispute Resolution

You will not commence any court or arbitration proceedings relating to a question, difference or dispute relating to these Terms of Use, unless you have first complied with this section.

Where any Dispute arises, you (or your representative) and a representative of Donorbees Limited or Donor Bees Trust will meet and negotiate in good faith in an attempt to resolve the Dispute amicably by good faith discussion.

Where the representatives of the parties do not resolve the Dispute within five (5) Business Days (or as agreed) of initiating negotiations, the relevant parties agree to mediate any Dispute in terms of the Resolution Institute standard Mediation Agreement (NZ version). The mediation will be conducted by a mediator and at a fee paid by the parties to the Dispute.

If the parties fail to settle the Dispute by mediation then either party may initiate arbitration (but not litigation) in accordance with the Arbitration Act 1996 to resolve the Dispute.

Nothing in this section will preclude a party from taking immediate steps to seek urgent injunctive or equitable relief before an appropriate court.

15. Contact Information

If you have questions about these Terms and Conditions, please contact us at hello@donorbees.org.nz

Last Updated:  22 July 2025