Terms of Service

TRUSTMARK FUNDRAISING LTD

TERMS OF SERVICE  

Version 1.0

Last Updated: 21/01/2026

These Terms of Service (“Terms”) govern access to and use of the Trustmark website, forms, systems, and services (collectively, the “Services”).

By accessing, submitting information to, or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Services.

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1. Definitions

“Trustmark” means Trustmark Fundraising Ltd (or its successor entity).

“User” means any individual or organisation accessing or using the Services, including observers, fundraising agencies, charities, and members of the public.

“Observer” means a person registered with Trustmark to submit observation reports.

“Booking Applicant” means any person or organisation submitting booking requests through Trustmark.

“Site” means any retail or private premises managed through Trustmark systems.

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2. Scope of Services

Trustmark provides independent booking governance and conduct-regulation systems for face-to-face fundraising activity at participating sites.

Trustmark does not:

a) operate as a charity or fundraising agency  

b) employ, contract, supervise, or manage fundraisers  

c) process donations or handle donor funds  

d) guarantee access to any site  

e) guarantee fundraising outcomes or commercial performance  

f) adjudicate legal liability between third parties  

Trustmark operates as an independent service provider and regulatory intermediary on behalf of participating host sites.

Trustmark’s authority derives solely from agreements with participating host sites and acceptance of these Terms by Users.

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3. Acceptance and Eligibility

You must be at least 18 years of age to use the Services.

By using the Services, you represent that all information you provide is accurate, complete, and not misleading.

Trustmark may refuse access to the Services at its discretion.

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4. User Obligations

All Users must:

a) provide accurate and truthful information  

b) comply with these Terms and all applicable laws  

c) use the Services only for lawful purposes  

d) not interfere with or attempt to manipulate Trustmark systems  

e) not misuse, scrape, automate, or reverse-engineer any part of the Services  

f) not attempt to gain unauthorised access to systems or data  

Any misuse may result in suspension or termination of access.

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5. Observer Participation Terms

Observers acknowledge and agree that:

a) registration does not guarantee assignment to any observation  

b) participation is voluntary  

c) only one qualifying report per Observer per fundraising event may be submitted  

d) eligibility for prize draws is subject to data integrity review  

e) prize draws are not guaranteed to any individual participant  

f) Trustmark may suspend or remove Observer access at its discretion  

g) Observers must not intentionally disclose their status to fundraisers, staff, or third parties, or engage in behaviour that could reasonably interfere with the integrity or independence of Trustmark’s observation system

h) Observers must not attempt to influence outcomes or interfere with auditing integrity  

i) If an Observer discloses their observer status to a fundraiser or site staff, any resulting observation may be excluded from analysis to protect the independence and integrity of the system. Repeated or deliberate disclosure may result in suspension or removal from the Observer program.

j) An Observer’s voluntary or accidental disclosure of their observer status does not authorise any attempt by fundraisers or other parties to influence, intimidate, interrogate, or interfere with the Observer or the Trustmark auditing process.

Trustmark reserves the right to reject reports that do not meet integrity standards.

Observers acknowledge that not all registered participants will receive observation opportunities.

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6. Booking Applicant Terms

Booking Applicants acknowledge and agree that:

a) submission of a booking request does not create any entitlement to approval  

b) Trustmark may approve, decline, condition, suspend, or revoke access at its discretion  

c) all submitted information must be accurate and complete  

d) Applicants must comply with Trustmark booking requirements and site conditions  

e) Applicants must not attempt to identify, influence, or interfere with observers

f) Applicants accept Trustmark’s risk-based access framework and enforcement authority  

Trustmark does not guarantee availability, continuity of access, or commercial outcomes.

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7. Observation and Enforcement Authority

Trustmark evaluates conduct based on patterns of experienced public impact derived from independent observation and complaint data.

Trustmark does not adjudicate individual intent, scripts, or isolated incidents.

Trustmark may adjust access conditions, impose restrictions, suspend access, or terminate access based on observed risk patterns.

Trustmark’s enforcement decisions are made in the interests of host site safety and public trust.

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8. Intellectual Property

All Trustmark systems, documents, metrics, branding, methodologies, and content remain the intellectual property of Trustmark unless expressly stated otherwise.

Users may not reproduce, distribute, or exploit Trustmark intellectual property without prior written permission.

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9. Privacy

Trustmark collects and processes personal information in accordance with its Privacy Policy.

By using the Services, you consent to the collection, storage, and use of personal information as described in the Privacy Policy.

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10. Service Availability

Trustmark does not guarantee uninterrupted or error-free availability of the Services.

Trustmark may modify, suspend, or discontinue any part of the Services at any time without notice.

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11. Limitation of Liability

To the maximum extent permitted by law:

a) Trustmark is not liable for indirect, consequential, or economic loss  

b) Trustmark is not liable for the acts or omissions of fundraisers, agencies, charities, or third parties  

c) use of the Services is at the User’s own risk  

d) Trustmark does not warrant accuracy, completeness, or fitness for purpose  

Nothing in these Terms excludes liability that cannot be excluded under New Zealand law.

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12. Indemnity

Users agree to indemnify and hold harmless Trustmark from any claims, losses, liabilities, or expenses arising from:

a) misuse of the Services  

b) breach of these Terms  

c) inaccurate information provided  

d) unlawful or improper conduct  

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13. Suspension and Termination

Trustmark may suspend or terminate access to the Services at any time if:

a) these Terms are breached  

b) system integrity is threatened  

c) misuse is detected  

d) continued access creates unacceptable risk  

Termination does not affect accrued rights or obligations.

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14. Changes to Terms

Trustmark may update these Terms from time to time.

Continued use of the Services after updates constitutes acceptance of the revised Terms.

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15. Governing Law

These Terms are governed by the laws of New Zealand.

Any disputes shall be subject to the exclusive jurisdiction of New Zealand courts.

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Contact  

For questions regarding these Terms, contact:

Trustmark  

Email: info@trustmarkfundraising.org