Terms + Policies

Terms of Service

Welcome to Koha, the forward-thinking online platform for giving and receiving koha or donations, proudly brought to you by Takoha Abletech Limited ("We", "Us", or "Our"). At the heart of Koha is the spirit of Takoha, connecting Users ("You") with the means to support kaupapa through generosity. Takoha Abletech Limited is our official designation, reflecting our commitment to the principles of Takoha.

These Terms of Service ("Terms") outline our provided services and what we expect from you in return. Any significant changes to our Terms will be communicated, with updates posted on the Koha website. Should you have any queries, do not hesitate to contact us at support@koha.kiwi.

1. Acceptance of Our Terms

By engaging with Koha, you are agreeing to these Terms, whether as an event organiser facilitating koha or donations or as a giver that is contributing to causes.

2. Use of Koha

While we trust our users' integrity, we do not oversee the specific application of donations by receivers.

3. Profile

When you register with us, you will submit to us information and other content relating to your event for the Website (Profile).
You agree to us:

(a) publishing your Profile on the Website, which is available to the public;
(b) using your Content on social media accounts associated with the Website;
(c) and using your Content in case studies related to the Network, which we may publish on the Website, on related social media accounts, or otherwise.

You acknowledge that while we will remove your Profile within a reasonable period of time after you cancel your registration with the Network, some of your Content may still be available on the Internet, for example through cached versions of the Website or on social media accounts associated with the Network.

4. Ending your registration

You can cancel your registration at any time by giving us notice in writing.
If you end your registration, your Profile will be removed from the Website (if applicable), and you will not have access to the Services.

We may terminate or suspend your registration at any time, and remove your Profile from the Website, if we (in our sole discretion) consider that you have breached these Terms, breached any applicable law, or we have any other concerns about your conduct, whether related to the Website or not. You agree that you will have no claim against us for any deactivation or removal in accordance with this clause.

5. Information

You agree that you are responsible for keeping the information connected with you up to date. You agree that, when you register on the Website, and whenever you provide us with any information or materials, either through the Website or in any other way:

(a) all information that you provide to us will be accurate, complete and up to date, and you will provide us with all information requested;
(b) you have all the rights necessary to provide the information and materials to us and for us to make the information and materials available to others on the Website; and

(c) for any personal information you provide to us about any person, you have obtained that person’s consent to provide us with that information and for us to use that information in accordance with these Terms and in accordance with our privacy policy.

6. Indemnity

You agree to at all times to indemnify us and our officers, servants and agents against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever awarded against, incurred or suffered by us or our officers, servants and agents arising out of or in connection with your participation in the Website, any claims against you from any of your customers or any person who relies on any information that we publish about you or that you otherwise provide to them, any claims relating to your Business, and any information or materials provided by you or anyone else using your account and/or any breach of these Terms.

7. Details

You undertake and warrant that all information you provide to us is true, current and complete. You will promptly notify us of any changes to your contact details and provide such other information that we may reasonably require from you from time to time.
You agree not to:

(a)  impersonate another person;

(b)  use a false name or a name you are not authorised to use;

(c)  create a false identity or provide a false address or email address;

(d)  be misleading as to the identity or origin of any communications; or

(e)  use the Website or the Services for any illegal purpose.

8. Intellectual Property Rights

You retain ownership of all intellectual property rights in all Content that you submit for us to include in your Profile. You hereby grant us a royalty free, non-exclusive licence to publish any such content for the purposes set out in these Terms including our privacy policy.

Subject to this clause, you acknowledge and agree that all intellectual property rights in the Website are owned by us or our licensors. You may not in any form or by any means adapt, reproduce, store, perform, publish or create any derivative works from any part of the Website or commercialise or on-sell any information or software obtained from the Website or from us.

You agree to abide by these Terms and such other terms and conditions relating to the Services or Website as we or our licensors may specify from time to time.

We welcome your feedback, ideas or suggestions (Feedback), but you agree that we may use your Feedback without any restriction or obligation to you.

9. Errors and Complaints
You must contact us immediately if there is an error or defect in the Website or Services.

We will use all reasonable endeavours to correct any such error, but, to the maximum extent permitted by law, will not be liable for any losses (whether direct, indirect, or consequential) arising from an error or defect within the Website or Services. If you have any concern about the information that is available on the Website, whether that information relates to you or someone else, you may let us know by contacting us at support@koha.kiwi
We will follow our internal processes in response to any concerns reported to us.

10. Compliance with policies

By using the Services or the Website, you agree to comply with any policies or other requirements issued by us from time to time, and those policies and other requirements will form part of these Terms.

11. Privacy policy

Your privacy is important to us. We gather, process, use, store and disclose information about you in accordance with our privacy policy, which may be found here. Our privacy policy forms part of these Terms, and by using the Services or the Website you agree to our privacy policy.

12. Website integrity

You must not attempt to damage, interfere with or harm our Website or our Services, or any network or system underlying or connected to them in any way whatsoever.

13. Amendments

We may amend these Terms from time to time. Notice of any such amendments will be announced on this Website and will be effective immediately, unless we state otherwise. You are responsible for reviewing these Terms regularly to obtain timely notice of any such changes. Your continued use of the Services or our Website will constitute your acceptance of any changes or revisions to these Terms.

14. No Warranties

You understand and agree that your use of the Services and the Website is at your sole risk.
The Website and the Services are provided on an “as is” and “as available” basis. To the maximum extent provided by law, we disclaim and exclude any implied conditions or warranties (including, without limitation, any warranties of accuracy, completeness, reliability, merchantability and fitness for a particular purpose).
Without limiting the above, to the extent permitted by law, we do not warrant that the Services or the Website will be uninterrupted, timely, secure, error-free or that any information or materials provided through the Services or the Website are accurate, complete or up-to-date. All statements, information and recommendations made by us on the Website or about the Services are believed to be reliable, but do not constitute a guarantee or warranty.

16. Waiver

Our failure or delay to exercise any right or remedy we may have under these Terms will not be construed or operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.

17. Governing Law

These Terms will be governed by the law of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

18. Koha Service Fees

Givers:
For each koha or donation, givers are charged a service fee of 2% on the koha or donation value. In addition to this Stripe, Koha's payment processor, charges 2.7% plus .30c (NZD) credit card fee for each donation. International credit cards may attract higher fees.

Our pricing is structured to support the ongoing maintenance and improvement of Koha, ensuring we can continue to offer a valuable service to our community.

19. Donation Methods

Direct Koha: Make immediate donations using a credit or debit card. The minimum koha or donation is $10 (NZD) and the maximum is $5,000 (NZD).
The platform does not currently support payments in exchange for goods or services. Seeking funds where a goods exchange is expected, is prohibited.

20. Refunds

Donations and Koha Account funds are generally non-refundable and non-transferable except in exceptional cases determined by us or payment processor Stripe.

21. Payment Processing

Transactions via card are handled by a third-party processor Stripe, subject to their terms and privacy policy. We are not liable for these transactions except as legally required.

For more information - (Link to Stripe)

23. Verification

We may need to verify your identity to comply with legal standards and maintain service trust. This process is mandatory for koha receivers, and undertaken via payment processor Stripe, and may apply to others at our absolute discretion. Failure in verification can affect your ability to register or receive funds.

24. Payment Terms

Payments to verified koha receivers occur as per Stripes payout schedule.

For more information - (Link to Stripe payout schedule/explainers).

25. Receipts

Givers receive email receipts for each koha or donation and some koha and donations may be tax deductible.

For more information on tax deductible koha and donations - (Link to Inland Revenue Department).

26. Koha Events

Registered users can create a Koha event for funding purposes, adhering to our Content Management Policy. Clearly state the purpose of funds raised on your event page. If creating an event on behalf of an organisation requires permission from that organisation, you must ensure you have done so. We reserve the right to cancel events or remove content for breaches of Terms or Conduct.

27. Passwords and Security

Maintain the confidentiality of your login details. We implement security measures but require your cooperation to keep accounts safe. Suspicious activities may lead to account suspension or locking.

28. Maximum liability

We are not liable to account for or distribute any taxes payable on koha received.
If we are found to have any liability under or in connection with these Terms, to the extent permitted by law, the maximum amount of our liability arising out of all claims under these Terms or relating to the Services or Website will not in any circumstances exceed NZ$100.

29. Your Liability To Us

You are liable for any losses or costs we incur due to your actions on Koha, including content uploads, Terms breaches, or resulting third-party claims.

30. Disputes Or Complaints

We aim for amicable dispute resolution. Contact us with any issues. Unresolved complaints can be referred to Consumer Protection.

For more information - (Link to Consumer Protection)

31. General

If any provision in these Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms, and the remainder shall not be affected. New Zealand law applies to these Terms and You agree that the New Zealand courts will hear any claim brought under these Terms.