Terms & Conditions (updated June 2015)

MMS exists to facilitate online donations from members of the public wishing to donate money to riparian planting projects (projects) to help restore the health of our waterways.  The Million Metres Streams (MMS) website Terms & Conditions (T&C) is a legally binding agreement made by and between MMS and you, and it governs the MMS website and all services provided in connection with the website.  The MMS website is maintained by the Sustainable Business Network (SBN) with the Address: Level 3, Old Sofrana House, 18 Customs Street East, Auckland 1010, Postal address: PO Box 106983, Auckland City, Auckland 1143, Phone: +64 9 826 0394.  By accessing or using any part of the MMS website and services, you agree that you have read, understood, and agreed to this T&C.


Changes to this T&C and the MMS website.

Changing business practices and circumstances may require that we make changes to this T&C and to the MMS website and associated services. MMS reserves the right to modify, suspend or remove its website, associated service, or any information and/or this T&C at any time without notice. You agree to review this T&C periodically to be aware of any revisions.

Our Privacy Policy.

MMS take your privacy and security seriously and would never supply your information to a third party intentionally. MMS will avoid keeping any data that isn’t absolutely required.

All credit card information is fully maintained by SwipeHQ, a PCI compliant company. Being PCI compliant means SwipeHQ must fulfil all credit card security requirements. It also means that MMS has got absolutely no access to this information, we rely on SwipeHQ to confirm whether your donation was approved or not.

Riparian planting projects are long term and results occur over many years. MMS therefore will want to send regular updates to donors on the status and progress of the projects their funds have been allocated to, hence it is important that a viable long term email address is provided.

MMS website also aims to focus on the donor and the results that their contributions have on New Zealand’s waterways. Once you have made a donation your contribution and name will be listed on the website unless donation anonymity was requested.

Your use of the MMS website.

By using the MMS website you agree not to use it for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of this website whether by way of a virus, corrupted file or through any other means, or for any purpose that may affect the charitable status of the Sustainable Business Network.

You also agree not to alter, modify, reproduce, transmit or otherwise deal with the content, software, text, graphics, layout or design of the website.

Riparian Planting Projects.

MMS goal is to provide a collaborative way to raise funds to support riparian planting projects in New Zealand.  Planting projects are bought to the site for fund raising by the MMS Field partners.  Field partners have been chosen because they are already working in the area of riparian planting and are likely to have existing relationships with planting groups and a good knowledge of their local waterways, current condition and activities occurring.  Field partners have experience in the area of riparian planting and can therefore provide support, advice to planting projects and ensure the project is delivered upon.

While the Field partner will review the riparian planting project details and provide advice and support, the project will usually be completed by the organisation that is in charge of the riparian planting project and seeking financial assistance. This planting project organisation/restoration group/individual will usually be responsible for seeing the project through to completion and delivering on their planting plan.

Field partners have agreed to support the MMS project and have signed an MOU with MMS outlining the responsibilities of MMS and the Field partner.  The Field partner will provide any existing agreement they may have with the planting project to MMS for review and acceptance. If there is no agreement with the planting project or the existing agreement is not sufficient for MMS, then MMS requires the Field partner to sign the MMS MOU for the Field partner and planting project.  The MOU sets out the planting project obligations. 

Field partners and/or planting projects will provide regular project updates, progress reports and photographs for several years after the riparian planting project has been completed.  This information will be shared and used for communication and marketing purposes.

Funds (minus MMS overheads/administration percentage) raised will be passed on to the Field partner who then directs the funds to riparian planting project. These funds may be paid to the riparian planting project in stages depending on the timing of planting, the need to order plants and the need to ensure progress is happening.  Alternatively funds may go directly to those supplying materials/plants or labour to planting projects. 

In addition to funding the plants for the planting project funds raised may be used for the purchase of materials such as stakes, fertilisers, weed matting, spot spraying and planting labour.  

Planting projects will have vastly different costs per metre of waterway planted.  This will be due to the type and size of plants required, depth of water way planting, planting density, access to plants, location and terrain, additional material needs and labour costs. Hence comparisons are difficult.

Planting projects will indicate whether they are a “zero to hero” or a “take what we can get” project.  In addition they will indicate the length of the fund raising campaign.  At the end of a campaign a “take what we can get” project will take any funds raised, regardless of whether the target was met and apply the funds to planting, albeit a portion smaller than was initially proposed.  These projects are in a position to segment planting or move unfunded planting into another year’s activity.  This is often the case for large multi-year projects.   A “zero to hero” project fund raising target must be met completely in order to proceed.  In the event a “zero to hero” target is not met, the funds raised will be allocated to another listed planting project on the MMS website.  The funds raised will be allocated to planting, albeit not the intended site you chose.  Hence it is important for you to note whether a project is “zero to hero” or a “take what we can get” project.

We reserve the right to remove any planting project from this website (regardless of whether or not we have received any donations in relation to that project).  In such an event, donated funds will be transferred to another listed planting project.

Fees and Payments.

Donors make a donation via MMS using a valid credit card. Donations are immediate, non-refundable, non-transferrable and non-disputable. 

MMS processes your payments using SwipeHQ and you agree to be bound by SwipeHQ terms and conditions. Please read SwipeHQ terms and conditions and privacy policy for more guidance. SwipeHQ and MMS are independent.

The MMS takes an administration fee of 15%.  It is the aim of MMS to reduce this fee to zero in time with the help of sponsorship. 

Unless otherwise specified, all rates are quoted in New Zealand Dollars (NZ$).

MMS is a project of SBN and SBN is a registered charity hence donations qualify for a tax rebate.

Refund / Return Policy.

MMS does not offer refunds once a donation has been processed.

Unauthorised Use.

The goal of the MMS website is to raise awareness of and funds for, riparian planting in New Zealand. Use of the MMS website for any other purpose is not permitted.   Any reproduction, distribution, display or transmission of the content of the MMS website is prohibited, unless authorised in writing. You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website.

Third Party Links and Registration.

MMS website may contain links to other websites. When you click on these links, you are entering another site. These links are provided for your convenience, and you access them at your own risk. We encourage you to read the T&C of these linked websites as their terms and conditions will differ from ours.

If you create a hyperlink or hotlink to the MMS website or embed it in another, then you do so at your own risk. In addition you will be liable for any losses that may result to MMS, SBN, Field partners, planting projects, supporters, sponsors and donors as a consequence of the hyperlink, hotlink or embedding.

Registration via Third Party Tools.

Be aware that when you use Facebook or Twitter or other such applications to share, distribute, comment upon, or endorse any of our content, that conduct is governed by the respective terms of use of those applications.

Receipts.

When you make a payment to MMS, we will e-mail you a receipt stating the amount donated.  You are responsible for keeping copies of these receipts for the purposes of obtaining a tax credit.

Intellectual Property Rights.

MMS is a project of SBN.  Any content on MMS is owned by SBN, Field Partners, planting projects, supporters, sponsors and donors and is the property of these individuals and groups.  No use of this content, in any form or by any means is permitted without prior consent.   When accessing the MMS website you agree to obey the law and to respect the intellectual property rights of others. Your use of the websites is at all times governed by and subject to New Zealand laws regarding copyright ownership and use of intellectual property.

If you provide MMS with any feedback or ideas about the how to improve the website, they may be used without any obligation to provide compensation and/or acknowledgement.

Limitation of Liability.

While MMS will endeavour to ensure the content of the website is accurate, complete and up to date, MMS will not take any responsibilities for any inaccuracies and/or errors.   You understand that any and all decisions made by you with respect to the MMS website and associated services are yours alone. You assume total responsibility and risk for your use of the MMS website and website content.

Availability.

MMS does not guarantee that this website will be error free, without interruption or delay, or free from defects in design. 

While MMS will aim to prevent malicious code being uploaded on the site it can’t guarantee this.  You will be responsible for ensuring any malicious code present on the MMS website does not expose your computer systems to risk.   MMS will not be liable for any harm or damages.

Indemnification.

You agree to indemnify, defend, and hold harmless MMS, its officers, directors, employees, agents, volunteers, sponsors, donors, supporters, field partners and other parties associated with MMS planting activities from and against all losses, liabilities, expenses, physical harm, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the T&C, or any activity (directly or indirectly) related to use of the MMS website and services (including negligent or wrongful conduct) by you.

While MMS and its field partners will endeavour to ensure the riparian planting projects are implemented to the highest standard, neither MMS, its field partners or planting projects will be liable for any underperformance, negligence, failure to complete or natural disaster that may damage or destroy the planting project.

Termination.

We may deny you access to all or part of the MMS website at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, violate this T&C, our rights or the rights of any third party) or no reason at all.