GRANT SUBMISSION TERMS

There are a few legal things you need to agree to before we can load your application.

www.iSPORT.org.nz (iSPORT) is owned and operated by the ISPORT Foundation (‘ISPORT Foundation’, ‘we’, ‘us’, ‘our’). Before submitting a Application to ISPORT, you must agree to these submission terms and conditions (‘Terms’). These Terms must be read in conjunction with the Terms of Use for iSPORT and our Privacy Policy. By submitting a Application on iSPORT you agree that you have read, understood and unequivocally accept all of these Terms.

  1. HOW TO SUBMIT

To submit an application in relation to a team or club or an individual to be hosted on ISPORT, you must:

Complete the ISPORT application form available on the ISPORT Foundation website;

Provide the name, email address, athlete or club, legal guardian contact details, coaches details and any affiliation to national sporting bodies;

Identify a financial amount that you require in order to participate in the sport (the ‘Financial Target’); and

Provide all other information requested by the ISPORT Foundation in relation to that cause, including a goals, aspiration, achievements, an image or, a video, (optional) describing the individual/team.

(together, the above four points make up the ‘Application’).

 

  1. APPROVAL FOR HOSTING

Following receipt of your Application, the ISPORT Foundation may approve your Application for hosting on ISPORT, in which case your Application will become an ‘ISPORT Grant Project’. The ISPORT Foundation will endeavour to inform you if your Application has been approved as a ISPORT Grant Project within 28 days of receipt of your Application.

  1. RIGHT TO DECLINE

The ISPORT Foundation may, at its absolute discretion, decline any Application submitted by you for any reason whatsoever including that the ISPORT Foundation considers that the Application does not align with the ISPORT Foundation’s purpose or objectives as set out in the ISPORT Foundation Deed of Trust (including being for a ‘Charitable Purpose’ as defined in the ISPORT Foundation Deed of Trust). If we decline your Application, then we shall have no liability to you in relation to that Application. The ISPORT Foundation’s decisions regarding all aspects of ISPORT including, without limitation, decisions regarding the eligibility of Applications are final. No correspondence will be entered into.

  1. HOSTING ON ISPORT

You must provide all information reasonably requested by the ISPORT Foundation in order to facilitate hosting of your Application on ISPORT. If your Application is selected as an ISPORT Grant Project, then the ISPORT Foundation will (subject to the provisions in clause 7 relating to a shortfall or overrun on the Financial Target):

Publish details of your Application on ISPORT; and

Receive donations to us in support of your Application in accordance with clause 5, 6 and 7.

Until the Financial Target is reached (by adding together all amounts received by us in support of your Application), or until the time period set out in your Application expires, whichever occurs sooner.

  1. RIGHTS TO AMOUNTS RECEIVED

All amounts donated to, or received by, the ISPORT Foundation in support of your Application are the property of the ISPORT Foundation and neither you, nor your ISPORT Grant Project, nor any other person, has any right to or interest in such amounts.

  1. GRANTS OF MONEY

The ISPORT Foundation may, at its absolute discretion, decide to make a grant to your ISPORT Grant Project of some or all of the amounts donated in support of your ISPORT Grant Project less an administration fee of 10%. If the ISPORT Foundation decides to make a grant to you, then you must execute an agreement with the ISPORT Foundation regarding that grant in the form required by the ISPORT Foundation. All grants you receive must be used strictly for the purpose of undertaking your ISPORT Grant Project in accordance with your Application, unless otherwise agreed with the ISPORT Foundation in writing. The ISPORT Foundation reserves the right to withhold all or any part of its grant to your ISPORT Grant Project or remove any ISPORT Grant Project from the ISPORT website, if it considers, acting reasonably, that the grant will not be used for the purpose specified in your Application or for non-compliance with these Terms or the ISPORT Terms of Use. The ISPORT Foundation reserves the right to recover from you any grant moneys that have been used for a purpose other than that set out in your Application (except where we have otherwise agreed in writing). We may also recover moneys granted to you if you do not complete your ISPORT Grant Project within a reasonable time.

  1. FINANCIAL TARGET

The ISPORT Foundation has no obligation to make any grant of money, and may withhold all donations received in support of your ISPORT Grant Project for any reason, including that the amounts received in relation to your ISPORT Grant Project have not met the Financial Target within the time period set out in your Application. However, even if the Financial Target is not reached, the ISPORT Foundation may, in its absolute discretion, make a grant to your ISPORT Grant Project if, upon request, you satisfy the ISPORT Foundation that your ISPORT Grant Project can be completed for an amount that is less than the Financial Target. Any grant made in these circumstances will not exceed the donations received by us in support of your ISPORT Grant Project, less the administration fee of 10%. For the avoidance of doubt, the ISPORT Foundation has no obligation to make any grant of money to your ISPORT Grant Project whether or not the Financial Target is reached.

In the event that the donations received in relation to your ISPORT Grant Project exceed the Financial Target, the ISPORT Foundation may, in its absolute discretion, grant some or all of the further donations received in relation to your ISPORT Grant Project if, upon request, you satisfy the ISPORT Foundation that granting extra money will enable you to improve your ISPORT Grant Project and that such improvement aligns with the ISPORT Foundation’s purpose and objectives as set out in the ISPORT Foundation Deed of Trust.

  1. YOUR WARRANTIES

By submitting an Application with the ISPORT Foundation, you confirm, warrant and agree that:

The ISPORT Foundation will not become liable for any copyright infringement or other unlawful conduct arising from the submission, communication to the public, or display of your Application or any part of it.  In the event that the ISPORT Foundation are fined for a breach of copyright as a result of the information, images or movie files that you have provided, you will be liable to reimburse the ISPORT Foundtion upon payment of the fine.

The information submitted in your Application is true and correct.

If you receive a grant of money equal to the Financial Target set out in your Application, you will be capable of fulfilling the purchase detailed in your Application.

No item submitted as part of your Application contains any virus or other computer programming routine that may damage, interfere with, surreptitiously intercept, or expropriate any system, data or personal information.

  1. INTELLECTUAL PROPERTY OWNERSHIP

You retain all of your ownership rights in material or content you submit as part of your Application. You hereby grant the ISPORT Foundation a worldwide, royalty-free, non-exclusive, irrevocable, transferable, perpetual, sub-licensable, licence to use, reproduce, copy, adapt, translate, publish, or distribute any materials or content you submit as part of your Application (including the description of the ISPORT Grant Project you propose to undertake) without any compensation or any obligation to you.

  1. THIRD PARTY WEBSITES

ISPORT may offer functionality that allows users to share with one or more third parties certain aspects of your Application. By submitting an Application to ISPORT, you agree that details of your Application (including the description of the ISPORT Grant Project you propose to undertake), may be shared by users of ISPORT, including copying or reproducing the Application (in part or in full) or summaries of your Application on third party social networking websites such as Facebook and Twitter. You acknowledge that the sharing of Applications on third party websites is essential to the success of ISPORT.

  1. PUBLICITY

If your Application is selected as a ISPORT Grant Project, you agree:

to be interviewed and photographed and agree to be available for interviewing, photography and for other public relations and promotional activities associated with ISPORT, as requested by the ISPORT Foundation;

consent to your name, photograph and likeness being recorded, reproduced, published, copied, communicated and otherwise used by the ISPORT Foundation for advertising, publicity and promotional purposes on the Internet, in any television programme, video recording, or printed or electronic materials throughout the world, in perpetuity, and without the need for any compensation; and

to reference the ISPORT Foundation and ISPORT in all promotional material associated with your ISPORT Grant Project (and you agree to immediately remove such references from all such material upon request by the ISPORT Foundation).

  1. SUBMISSION OF APPLICATIONS

The ISPORT Foundation assumes no responsibility for any error, omission, interruption, deletion, defect, failure, malfunction, alteration, delay in delivery, operation or transmission, theft, or other circumstances of any kind, which may affect any aspect of your Application. The ISPORT Foundation, in its sole discretion, may disqualify any Application that is incomplete, illegible, damaged, mutilated, forged, otherwise tampered with in any way or that has been made by automating or manipulating the application or Application process, or in any other way that the ISPORT Foundation considers to be inappropriate. The ISPORT Foundation reserves the right to verify the validity of Applications.

  1. OUR WARRANTIES

To the maximum extent permitted by law, the ISPORT Foundation (and its subsidiaries, related companies, associated entities, employees, contractors and agents):

provides services associated with ISPORT and all ISPORT related information and advice on an ‘as is’ basis; and

disclaim all guarantees, warranties, and representations of any kind (whether express, implied or statutory) in respect of ISPORT including for fitness for a particular purpose.

You acknowledge that, if we give you advice or information, we accept no liability to you or anyone else in relation to that advice or information or arising out of your reliance on that advice or information.

  1. LIABILITY

To the maximum extent permitted by law, the ISPORT Foundation (and its subsidiaries, related companies, associated entities, employees, contractors and agents) shall not be liable for any personal injury, loss, damage (whether direct or indirect), cost, or expense howsoever caused (including through negligence or breach of statutory duty) arising out of or in connection with:

ISPORT;

the acts or omissions of the ISPORT Foundation; or

any act of God, or other event or occurrence beyond the control of the ISPORT Foundation.

  1. BREACH OF TERMS

If you breach any of these Terms, then your Application shall be void and your Application may be removed from ISPORT. In such event, the ISPORT Foundation has no liability to you and may withhold all donations received in relation to your Application.

  1. GOVERNING LAW

The ISPORT website and these Terms shall be governed by New Zealand law and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine all issues and disputes that may arise in relation to these Terms

These Terms of Use were last updated on 5 November 2015