TERMS & CONDITIONS
THE STELLAR TRUST INCORPORATED
1. THE TRUST
1.1 The Stellar Trust Incorporated (“Stellar”) is an Incorporated Charitable Trust registered under the provisions of the Charities Act 2005. Its principal objective is, through the raising of funds by way of special fundraising events or by way of donation, to establish a fund to be applied towards the eradication of the use of methamphetamine (or “P”) among youth and the community generally and to work towards the eradication of the scourge of P in our community. The theme of Stellar is “Rise above P”.
1.2 Stellar was established by the Rotary Club of Auckland East Incorporated and its Trustees are members of that Club. The Trustees are persons of significant business profile and acumen. As Trustees of an Incorporated Trust, their liability is strictly limited in accordance with the laws in place from time to time in New Zealand, and in terms of the Trust Deed constituting the Trust. In accordance with the provisions of the Charities Act 2005 individuals who make donations to Stellar are entitled to claim tax relief on that donation whether by rebate or deduction.
2. EVENTS
From time to time Stellar will in pursuance of its fundraising objectives arrange major fundraising events in conjunction with its preferred event manager. Stellar’s major fundraising event for 2009 is the Paul Holmes Celebrity Roast Charity Dinner (“the event”) to be held in the New Zealand Room, Sky City, Auckland on Saturday the 16th May 2009. Stellar’s manager for the event is coneystanleyEvents Limited whose website may be viewed at www.coneystanleyevents.co.nz.
3. EVENT TERMS AND CONDITIONS
3.1 Sales Enquiries
3.1.1 As detailed in all publicity material relating to the event all bookings and tickets for the event must be made through coneystanleyEvents Limited whose Terms & Conditions appear on their website detailed above.
3.1.2 For the avoidance of all doubt, and unless inconsistent with these Terms & Conditions the ConeystanleyEvents Limited Terms & Conditions are deemed to be incorporated into and to form part of these Terms & Conditions.
3.1.3 ConeystanleyEvents Limited is at all times acting as the agent of Stellar in terms of an Event Management Agreement entered into between the Trustees of Stellar and coneystanleyEvents Limited.
3.1.4 ConeystanleyEvents Limited is authorised to issue a reservation form and an invoice on behalf of Stellar and bookings, payment and ticket distribution are all as prescribed in the Terms & Conditions appearing on the Coney Stanley Events Limited‘s website.
3.2 Invoicing and Payment Methodology
Following receipt of an invoice issued by coneystanleyEvents Limited on behalf of Stellar the purchaser can elect to pay:
i) By direct credit to the bank account of Stellar detailed on the tax invoice.
ii) By cheque payable to The Stellar Trust Incorporated posted to the address detailed on the tax invoice.
iii) By way of credit card using Visa, Mastercard or American Express. Note that payment by way of credit card will incur a surcharge of $5.00 per ticket in addition to the ticket price.
Tickets will in no circumstances be issued to a purchaser until payment in full (cleared funds) has been received. ConeystanleyEvents Limited is authorised by Stellar to pursue purchasers for late or non payment of invoices. All costs associated with debt collection including solicitors and court costs shall be payable by any person in defaulting on payment.
3.3 Donations
Stellar has been registered with the Charities Commission to enable it and donors to it, to enjoy the taxation advantages available as a result of registration (registration number CC37830). Donations may be made in any of the ways set out above. For the sake of clarity and assurance, donors are advised that Stellar is bound by ASB Bank Limited’s operating guide for card
acceptance and credit cards Merchant Services Agreement general terms and conditions. Superimposed are the ASB Bank Limited EFTPOS services Merchant Agreement terms and conditions which provide inter alia for full transaction security and confidentiality as between the donor, Stellar, and ASB Bank Limited.
3.4 Charity Auction
3.4.1 A significant feature of the charity dinner will be an auction of high quality and high profile auction items. The auction will be conducted by a qualified auctioneer who will prior to commencement of the auction advise all auction participants of the terms and conditions applicable to the auction for that evening. Generally, dependent upon any applicable reserve, auction items will be sold to the highest bidder.
3.4.2 Property in all auction items remains with Stellar and property in and all risk associated with any auction items shall not pass to any successful bidder until payment in full by way of cleared funds is made by that bidder.
3.4.3 Bidders at the auction bid solely in reliance upon their own examination of and inspection of the item in question and neither Stellar nor coneystanleyEvents Limited incur any liability personal or otherwise and howsoever arising from the auction in general or in relation to any specific auction item.
3.5 General Limitation of Liability
Neither the Trustees of Stellar Incorporated nor coneystanelyEvents Limited its directors, shareholders, employees and agents incur any liability personal or otherwise for losses or damages direct or consequential arising from or in any way occasioned by any happening during the event or arising from cancellation of the event and all participants in the event and the auction do so entirely at their own risk.
3.6 Force Majeure
3.6.1 Stellar or coneystanleyEvents Limited may cancel interrupt or stop the event due to circumstances beyond their control.
3.6.2 Neither Stellar nor conveystanleyEvents Limited shall be liable for failure to deliver or provide any event or for any delay in delivery or in providing such event where failure or delay is caused by strike, lockout, difficulty in procuring components or materials, shortage of labour, lack of skilled labour, delays in transit, failure or delay by any purchaser in performing any of the purchaser’s obligations under these terms and conditions, failure or delays by suppliers or sub-contractors, failure, delay or inability to obtain any necessary authorisation, legislative departmental or other prohibition or restrictions, fire flood hostilities or other causes whatsoever (whether similar in nature or not to the foregoing,and beyond the reasonable control of either Stellar or conveystanleyEvents Limited).
1.1 The Stellar Trust Incorporated (“Stellar”) is an Incorporated Charitable Trust registered under the provisions of the Charities Act 2005. Its principal objective is, through the raising of funds by way of special fundraising events or by way of donation, to establish a fund to be applied towards the eradication of the use of methamphetamine (or “P”) among youth and the community generally and to work towards the eradication of the scourge of P in our community. The theme of Stellar is “Rise above P”.
1.2 Stellar was established by the Rotary Club of Auckland East Incorporated and its Trustees are members of that Club. The Trustees are persons of significant business profile and acumen. As Trustees of an Incorporated Trust, their liability is strictly limited in accordance with the laws in place from time to time in New Zealand, and in terms of the Trust Deed constituting the Trust. In accordance with the provisions of the Charities Act 2005 individuals who make donations to Stellar are entitled to claim tax relief on that donation whether by rebate or deduction.
2. EVENTS
From time to time Stellar will in pursuance of its fundraising objectives arrange major fundraising events in conjunction with its preferred event manager. Stellar’s major fundraising event for 2009 is the Paul Holmes Celebrity Roast Charity Dinner (“the event”) to be held in the New Zealand Room, Sky City, Auckland on Saturday the 16th May 2009. Stellar’s manager for the event is coneystanleyEvents Limited whose website may be viewed at www.coneystanleyevents.co.nz.
3. EVENT TERMS AND CONDITIONS
3.1 Sales Enquiries
3.1.1 As detailed in all publicity material relating to the event all bookings and tickets for the event must be made through coneystanleyEvents Limited whose Terms & Conditions appear on their website detailed above.
3.1.2 For the avoidance of all doubt, and unless inconsistent with these Terms & Conditions the ConeystanleyEvents Limited Terms & Conditions are deemed to be incorporated into and to form part of these Terms & Conditions.
3.1.3 ConeystanleyEvents Limited is at all times acting as the agent of Stellar in terms of an Event Management Agreement entered into between the Trustees of Stellar and coneystanleyEvents Limited.
3.1.4 ConeystanleyEvents Limited is authorised to issue a reservation form and an invoice on behalf of Stellar and bookings, payment and ticket distribution are all as prescribed in the Terms & Conditions appearing on the Coney Stanley Events Limited‘s website.
3.2 Invoicing and Payment Methodology
Following receipt of an invoice issued by coneystanleyEvents Limited on behalf of Stellar the purchaser can elect to pay:
i) By direct credit to the bank account of Stellar detailed on the tax invoice.
ii) By cheque payable to The Stellar Trust Incorporated posted to the address detailed on the tax invoice.
iii) By way of credit card using Visa, Mastercard or American Express. Note that payment by way of credit card will incur a surcharge of $5.00 per ticket in addition to the ticket price.
Tickets will in no circumstances be issued to a purchaser until payment in full (cleared funds) has been received. ConeystanleyEvents Limited is authorised by Stellar to pursue purchasers for late or non payment of invoices. All costs associated with debt collection including solicitors and court costs shall be payable by any person in defaulting on payment.
3.3 Donations
Stellar has been registered with the Charities Commission to enable it and donors to it, to enjoy the taxation advantages available as a result of registration (registration number CC37830). Donations may be made in any of the ways set out above. For the sake of clarity and assurance, donors are advised that Stellar is bound by ASB Bank Limited’s operating guide for card
acceptance and credit cards Merchant Services Agreement general terms and conditions. Superimposed are the ASB Bank Limited EFTPOS services Merchant Agreement terms and conditions which provide inter alia for full transaction security and confidentiality as between the donor, Stellar, and ASB Bank Limited.
3.4 Charity Auction
3.4.1 A significant feature of the charity dinner will be an auction of high quality and high profile auction items. The auction will be conducted by a qualified auctioneer who will prior to commencement of the auction advise all auction participants of the terms and conditions applicable to the auction for that evening. Generally, dependent upon any applicable reserve, auction items will be sold to the highest bidder.
3.4.2 Property in all auction items remains with Stellar and property in and all risk associated with any auction items shall not pass to any successful bidder until payment in full by way of cleared funds is made by that bidder.
3.4.3 Bidders at the auction bid solely in reliance upon their own examination of and inspection of the item in question and neither Stellar nor coneystanleyEvents Limited incur any liability personal or otherwise and howsoever arising from the auction in general or in relation to any specific auction item.
3.5 General Limitation of Liability
Neither the Trustees of Stellar Incorporated nor coneystanelyEvents Limited its directors, shareholders, employees and agents incur any liability personal or otherwise for losses or damages direct or consequential arising from or in any way occasioned by any happening during the event or arising from cancellation of the event and all participants in the event and the auction do so entirely at their own risk.
3.6 Force Majeure
3.6.1 Stellar or coneystanleyEvents Limited may cancel interrupt or stop the event due to circumstances beyond their control.
3.6.2 Neither Stellar nor conveystanleyEvents Limited shall be liable for failure to deliver or provide any event or for any delay in delivery or in providing such event where failure or delay is caused by strike, lockout, difficulty in procuring components or materials, shortage of labour, lack of skilled labour, delays in transit, failure or delay by any purchaser in performing any of the purchaser’s obligations under these terms and conditions, failure or delays by suppliers or sub-contractors, failure, delay or inability to obtain any necessary authorisation, legislative departmental or other prohibition or restrictions, fire flood hostilities or other causes whatsoever (whether similar in nature or not to the foregoing,and beyond the reasonable control of either Stellar or conveystanleyEvents Limited).