The Generator

User Terms and Conditions
The Generator is a preventative community action initiative, set up to generate prosperity through community action and enterprise in New Zealand communities that are the most vulnerable to poverty.
These terms apply to the access and use by you of The Generator platform that enables users to develop and submit a funding proposal, and receive funding, for an initiative. Your access and use of The Generator platform constitutes your agreement to be bound by these terms. If you do not agree to these terms, you may not access or use The Generator platform.
1. Defined Terms
In these terms and conditions, the following terms shall have the following meaning:
Community Generator means Emerge Aotearoa and Vaka Tautua who have been jointly awarded a contract with the Ministry of Social Development (MSD) to establish and implement a project called The Generator

initiative means a small business initiative that increases your income or reduces your costs.

platform means The Generator website and related online tools including any new features or tools which are added to the Platform from time to time.

services the access and use by you of the platform that enables users to develop and submit a funding proposal, and receive funding, for an initiative.

supporters means family and friends who support the Generator participant.

target community has the meaning given to that term in clause 3.1b.

target terms mean these terms and conditions as varied from time to time and comprise our agreement with you.

users mean the users of the platform and the services, including you.

user registration has the meaning given to that term in clause 2.1.

we, us, ours means Emerge Aotearoa Limited and Vaka Tautua, being the entities engaged by Ministry of Social Development to establish and implement The Generator and acting in that capacity.

you, your means you, the user of the services.

2. Registration
Our agreement with you begins on the date you register on the platform to use the services (user registration).
To be eligible to register on the platform and use the services:
You must be over the age of 18 and are legally authorised to enter into this agreement with us. Please note: If a participant is under 18 years old, then a parent/guardian etc will need to sign up for them, as a minor will not be contractually bound by law.
You must provide all of the information and documentation (including evidence of your community service card/eligibility and proof of your bank account) requested during the registration process.
We reserve the right to refuse or cancel your registration for any reason whatsoever.
You must be a fully registered User if you wish to complete any of the following activities:
create a profile on behalf of yourself or someone else;
join the platform;
start, edit or save a proposal for an initiative;
submit a proposal for an initiative;
receive a tasklist and select success steps as an applicant to the fund;
verify the completion of success steps; and
receive funding for an initiative that increases income or reduces costs.
You acknowledge and accept that:
all of the information you provide to us when setting up your user registration and at any other time will be true, complete and accurate in all respects;
any information supplied to us via the platform in connection with use of the services, will be true, accurate and complete;
you will safeguard your user account information (including passwords and identification details) and will supervise and be completely responsible for any use of the user account by anyone other than you;
if any other person gains access to your username and password, you will notify us at and change your password immediately.
3. Apply for funding for an initiative
You may apply for funding for an initiative if you meet the following criteria:
you are in possession of a Community Services Card or meet the eligibility criteria to receive one;
you are a member of a geographical or situational community identified as being in hardship by The Generator (target community);
you are connected to an individual(s) responsible for the target community.
To apply for funding for an initiative, you must complete each of the following application phases, to our satisfaction:
Phase 1: Dream It - Complete the online proposal form which is located on the platform;
Phase 2: Plan It - Select success steps from a list of tasks generated by the platform;
Phase 3: Do It - Complete your selected success steps.
The Community Generator Network and Generator National Manager or, in cases of funding of more than $5,000, the Generator Operational Managers, is responsible for verifying the completion and satisfaction of each phase, thereby allowing you to continue to the next phase.
Upon satisfaction of the success steps, signing of the loan agreement and providing evidence of your bank account, we shall release, or procure a funder to release the funding to you. Payment of the funding shall be made by electronic bank transfer to your bank account (as provided during the registration process).
4. Your success steps
A success step is an activity or task where evidence of completion to an acceptable standard is required before funding is released. The number of success steps required depends on the amount of funding requested.
Success steps are selected and agreed upon between you, the Community Generator and supporters.
5. Your obligations relating to the funding
The funding is a personal loan from us to you.
You do not need to pay back the funding provided:
You use the funding to purchase materials and/or acquire services in connection with your initiative.
You provide copies of receipts for the purchases you make using your funding to your Community Generator within 2 weeks of making the purchase.
You try your best to take the actions outlined in your Dream It proposal (phase 1)..
For the avoidance of doubt, subject to the conditions set out in clause 5b above being met, we shall forgive the funding and no amounts shall be repayable by you to us.
You are responsible for declaring any income arising from or in connection with your initiative to Work and Income, Ministry of Social Development.
6. Your platform pages
You may set up and maintain the following pages on the platform:
Your profile page;
Your proposal page.
You are responsible and shall ensure that any content on the platform provided by you:
is complete, true and accurate;
does not infringe the intellectual property rights of any other person.
7. Intellectual property rights
The platform and the services and all rights therein are and shall remain our property or the property of our licensors as the case may be. Neither these terms nor your use of the services convey or grant to you any rights:
in or related to the services except for the limited license granted in clause 7.2; or
to use or reference in any manner our name, logo, trademarks or other intellectual property.
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
access and use the platform solely in connection with your use of the services; and
access and use any content, information and related materials that may be made available through the services.
You are responsible for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. We do not guarantee that the services, or any part of the services, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You may not:
remove any copyright, trademark or other proprietary notices from any portion of the services;
produce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by us;
decompile, reverse engineer or disassemble the services except as may be permitted by applicable law;
link to, mirror or frame any portion of the services;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or
attempt to gain unauthorised access to or impair any aspect of the services or its related systems or networks.
You acknowledge and accept that:
we give no warranty that the platform may be uninterrupted or error-free;
we may, at any time, and in our absolute discretion, with or without notice to you and without refund
modify or discontinue the platform; and/or
immediately modify, suspend or terminate your access or use of the platform;
we will not be liable to you or any other party for any:
interruption or error to the platform;
suspension or termination of your access to the platform;
deletion of any information or materials contained on the platform posted by you; or
modification or discontinuance of the platform.
8. Collection, use and disclosure of personal information
We will collect, use and disclose any personal information in accordance with our privacy policy. The privacy policy is available upon request or can be viewed on our website. You acknowledge acceptance of our privacy policy and consent to the collection, use and disclosure of personal information in accordance with that privacy policy, the Privacy Act 1993 and any other applicable legislation or privacy guidelines.
9. Our liability to you
To the maximum extent permitted by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or any other person or which may arise directly or indirectly in respect of you using the platform and/or the services.
To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to the supplying of the services again.
Nothing in our agreement with you shall exclude or limit the liability for:
death or personal injury caused solely by a party’s negligence;
wilful default or gross negligence; or
any other liability which cannot be excluded under applicable law.
The limitations and disclaimer in this clause do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
10. Indemnity
You agree to indemnify us and our officers, directors, employees and agents and any funder (each an indemnified party) from and against any loss or damage (including costs and expenses not limited to reasonable legal fees) that the indemnified party may suffer as a result of any claims, causes of action, suits, proceedings, demands, recoveries, fines or penalties brought by a third party arising out of:
your of the services, whether directly or indirectly, including use of the platform;
your breach of our agreement with you; and
your violation of any law or the infringement of any third party rights in connection with your use of the services.
The obligations under this clause will survive termination of our agreement with you.
11. Termination and suspension
We may immediately suspend or terminate your registration, these terms and any services with respect to you, or generally cease offering or deny access to the services at any time for any reason, including without limitation:
a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about you and your conduct in using the platform and/or services;
if you breach these terms;
if you attempt to login as another user other than at the express and constant direction of that user (where the registered user is not capable of logging in due to a disability);
if we, at our sole discretion, deem your behaviour to be unacceptable; or
if we consider that an initiative is detrimental or could cause distress or harm to any individual or organisation whom the public may reasonably assume is both consenting to and/or benefitting from the initiative.
you use or attempt to use the services to apply for funds for activities or intentions which are directly or indirectly illegal according to New Zealand law;
you misrepresent your identity or affiliation with any other person or organisation;
you use the platform to send junk email or "spam" to people contrary to the Unsolicited Electronic Messages Act 2007;
you use the platform to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes, chain letters or the like;
you interfere with, or disrupt, the platform, the services or any services or networks connected with The Generator, or introduce any computer virus (including any bug, worm, Trojan, robot, spider, scraper, or other automated virus) which may be harmful to our system.
If we exercise our right of suspension or termination under this clause, you must not register as another user and must cease using the services immediately.
Upon suspension or termination of our agreement with you, we will have no further obligation to, and will cease to, provide the services, including funding, to you.
Our respective accrued rights, obligations and remedies are not affected by the termination of our agreement with you.
12. General
We may vary these terms from time to time. You agree to check and be bound by these terms that are in effect at the time at which you access the platform. If at any time you do not agree to these terms, you shall refrain from accessing and using the platform and services. Your continued access or use of the platform and services constitutes your consent to be bound by these terms, as varied.
Our agreement with you is personal to you and you may not assign your rights or obligations to any person.
No party will be liable for delays or non-performance under these terms due to a force majeure event, which means any event which is not within the reasonable control of a party which could not reasonably have been prevented by that party (including, acts of God, war, terrorism, extreme weather conditions, floods, earthquakes, fire and industrial disputes), however, an obligation to pay any fees or charges shall not be excused by virtue of such event.
Any failure or delay by a party in exercising a power or right (either wholly or partially) in relation to our agreement with you does not operate as a waiver or prevent that party from exercising that power or right or any other power or right. A party is not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
Except as expressly stated to the contrary in these terms, the powers, rights and/or remedies of a party under our agreement with you are cumulative and are in addition to any other powers, rights and remedies of that party. Nothing in our agreement with you merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a party may have at any time against the other party or any other person.
Except as expressly stated to the contrary in these terms, the powers, rights and/or remedies of a party under our agreement with you are cumulative and are in addition to any other powers, rights and remedies of that party. Nothing in our agreement with you merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a party may have at any time against the other party or any other person.
Our agreement with you is governed by the laws of New Zealand. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.