TERMS AND CONDITIONS
By applying to "The Trusts’ Your West Support Fund" initiative, you are agreeing to the following terms and conditions:
1. WHO CAN APPLY?
1.1 Applications are open to the following groups, clubs and/or organisations within the Portage Licensing Trust’s and the Waitakere Licensing Trust’s (collectively known as The Trusts) boundaries in West Auckland and/or who predominantly affect the community of West Auckland:
• All groups and organisations with charity or incorporated society status and education providers
1.2 Eligible applicants also include groups affiliated to a regional or national body or an umbrella organisation where funds will be used by those groups to benefit people within The Trusts’ boundaries.
2. HOW TO APPLY
2.1 Call for applications open on Friday 10 February 2023 at 12.00pm (NZT) and close on Friday 10 March at 11.59pm (NZT).
2.2 In order to apply, applicants must go to https://thetrusts.co.nz/west-s... check their eligibility and complete the application form.
2.3 Applications must be completed and submitted online.
2.4 Applicants must specify the purpose for which the funding is required in their application, which can be for operational costs (e.g. a salary, rent or utility bills), capital expenditure (e.g. building maintenance) or equipment costs (e.g. sports or IT equipment).
2.5 As part of the application process, applicants may be required to submit:
• a copy of the organisation’s most recent financial statements (preferably audited);
• a copy of :
• invoices for operational expenses applications; and/or
• quotes showing the cost of the project or equipment for capital expenditure or equipment costs applications; and
• a bank deposit slip.
2.6 All applications received after 11.59pm (NZT) 10 March 2023 will be deemed ineligible.
3. SELECTION PROCESS
3.1 The selection panel will consist of a selection of Elected Members from Portage and Waitakere Licensing Trusts (Selection Panel).
3.2 The Trusts reserve the right to:
• request further information to verify an applicant’s eligibility to apply for the Your West Support Fund;
• disqualify any applicant who tampers with the application or who submits false or misleading information as part of its application;
• withdraw selection prior to payment if the applicant’s eligibility for The Trusts’ Your West Support Fund is in doubt or if the applicant is conducting itself in a manner which is inconsistent with the intent of The Trusts’ Your West Support Fund; and
• withdraw or refuse selection where eligibility is not proved by the applicant.
3.3 The Selection Panel will select the applications which will receive funding from the Your West Support Fund (those applicants that receive funding being the Approved Applicants).
3.4 The Selection Panel’s decision is final, and no correspondence will be entered into regarding the selection of Approved Applicants.
3.5 Approved Applicants will be determined by factors such as the application’s impact for the betterment of the West Auckland community, and any other factor relevant to determining deserving applications in the opinion of the Selection Panel.
3.6 The Approved Applicants will be notified by email and detailed on thetrusts.co.nz.
3.7 The Trusts reserve the right to disqualify and cease funding to any Approved Applicant who, in the Trusts’ opinion, brings themselves or, by association, the Trusts, into disrepute.
4. FUNDING ALLOCATION
4.1 The maximum amount any Approved Applicant will receive is $10,000.
5. USE OF FUNDS
5.1 The Grant is personal to the Approved Applicant and is not transferable to any other organisation, group, project or purpose. Any funding granted can only be used for the specific purpose applied for, unless alternative approval has been sought from The Trusts by emailing grants@thetrusts.co.nz.
5.2 Funding must not be used for any costs that have been incurred prior to the funding being granted, as the Your West Support Fund is not to be applied retrospectively.
5.3 Approved Applicants must use the funds within 12 months of receipt unless due to extenuating circumstances, alternative approval has been sought from The Trusts by emailing grants@thetrusts.co.nz.
5.4 Up to 12 months after receiving the funds, Approved Applicants must have completed and submitted the online form detailing how the funds have been used and applied, to ensure that the grant was used for its intended purpose. Approved Applicants must also retain and provide proof of this expenditure.
5.5 Where funds have been granted and have not been used within 12 months, or have not been used for the specified purpose, the Approved Applicant must repay the funds to The Trusts. If any portion of the funds has not been used or has not been used for the specified purpose, then that portion must also be repaid to The Trusts.
5.6 Approved Applicants who are granted funding must in using and applying those funds:
• act within the law and meet all applicable legal obligations;
• act with honesty and in good faith and ensure the wider interest, status, circumstances and reputation of The Trusts is respected and given full consideration at all times; and
• act to a high standard of conduct.
6. GST
6.1 The Trust’s grants are considered unconditional gifts and therefore no GST is payable on any grant received.
7. NOTIFICATIONS OF EVENTS
7.1 Approved Applicants who have been granted funding must:
• notify The Trusts immediately if it experiences any issues or difficulties, or any event occurs, which may compromise the use of the funds for the purpose for which they were awarded; and
• advise The Trusts immediately of any changes to its legal status at any time in the 12 months following its receipt of the funds.
8. CONSEQUENCE OF BREACH
8.1 If an applicant breaches any of these terms and conditions, The Trusts reserves the right to disqualify the applicant or require the return of any funds paid to an Approved Applicant.
9. PROMOTIONS
9.1 The Trusts are required to disclose and publish the details of all grants made on an annual basis and each applicant acknowledges and agrees to such disclosure and publication.
9.2 The Trusts encourages and consents to applicants publicly acknowledging grants made to them by the Trust (subject to clause 9.3). From time to time the Trust may request the participation of an applicant in its publicity activities and, while not compulsory, appreciates all engagement by applicants. Official Trust logos and signage are available for use by applicants when requested.
9.3 Approved Applicants agree they will not sell or otherwise provide their story and/or photographs as a result of the funding to any media or other organisation without The Trusts’ approval of content prior to release.
10. CONFIDENTIALITY
10.1 For the purposes of this clause 9, “Confidential Information” means any information:
• relating directly or indirectly to research or development by, accounting for or the marketing of the business of, The Trusts or the applicants;
• disclosed by either The Trusts or an applicant to each other on the express basis that such information is confidential; or
• which might reasonably be expected by either The Trusts or the relevant applicant to be confidential in nature, including the matters contained in any additional terms or agreements made between The Trusts and the relevant applicant,
provided that, where information relates exclusively to one party (being either The Trusts or an applicant), nothing in these terms and conditions will require that party to maintain confidentiality in respect of that information.
10.2 The Trusts and each applicant will maintain as confidential at all times, and will not at any time, directly or indirectly:
• disclose or permit to be disclosed to any person;
• use for itself; or
• use to the detriment of the other party;
any Confidential Information except:
• as required by law, including the Local Government Official Information and Meetings Act 1987;
• as is already or becomes public knowledge, otherwise than as a result of a breach, by the party disclosing or using that Confidential Information, of any provision of these terms and conditions;
• as authorised in writing by the other party; or
• to the extent reasonably required by these terms and conditions, including for the purposes of clause 8 (and, without limiting the effect of this clause, a party may disclose Confidential Information only to those of its officers, employees or professional advisers, on a "need to know" basis, as is reasonably required for the implementation of these terms and conditions).
11. DISPUTE RESOLUTION
11.1 In the event of a dispute or disagreement (Dispute) arising between The Trusts and an Approved Applicant in relation to the meaning or application of these terms and conditions, the use of the Your West Support Fund or any other related matter, the disputing party must give written notice to the other party specifying the nature of the Dispute. The Trusts and the Approved Applicant shall actively and in good faith endeavour to settle such Dispute promptly themselves.
11.2 If The Trusts and the relevant Approved Applicant have not resolved the Dispute within 14 days of receipt of a notice under clause 10.1, The Trusts or the Approved Applicant may give written notice (Dispute Notice) to the other referring the Dispute to arbitration (within the meaning of the Arbitration Act 1996) by a single arbitrator:
• agreed upon in writing by The Trusts and the relevant Approved Applicant; or
• if The Trusts and the relevant Approved Applicant are unable to agree on an arbitrator within 7 days after delivery of the Dispute Notice, nominated by the President for the time being of the Arbitrators' and Mediators' Institute of New Zealand Inc.
11.3 The following terms will apply to an arbitration under clause 10.2:
• The decision of the arbitrator shall be final and binding;
• In accordance with clause 6(1)(b) of the Second Schedule to the Arbitration Act 1996, The Trusts and the Approved Applicant will each be responsible for their own legal and other expenses which
they incur in preparation for and attendance at the arbitration. Furthermore (in the absence of an arbitrator’s award to the contrary), they will each be responsible for an equal share of the fees and expenses of the arbitrator, including the arbitrator's assistant, and the associated costs of the arbitration.
11.4 Pending the outcome of a Dispute, The Trusts and the relevant Approved Applicant shall continue to perform all their obligations under these terms and conditions.
12. USE OF APPLICATION INFORMATION
12.1 We will collect, use and disclose the personal information you provide to us as part of an application for The Trusts’ Your West Support Fund in accordance with our Privacy Policy accessible at https://thetrusts.co.nz/privac.... In addition to our Privacy Policy, we may use your personal information that you provide for assessing your funding application. This information may be shared with third parties such as regulatory bodies for reporting and auditing purposes.
13. UPDATES TO THESE TERMS AND CONDITIONS
13.1 The Trusts reserve the right to amend these terms and conditions at any time. In the event that any changes are made, the revised terms and conditions shall be posted on Your West Support Fund | The Trusts and will apply immediately.
14. ADDITIONAL RIGHTS AND OBLIGATIONS
14.1 These terms and conditions apply subject to:
• our rights and obligations under the Sale and Supply of Alcohol Act 2012;
• any other applicable law;
• any additional information or authorisation provided by you or us in connection with your application for funding;
• any additional information or authorisation provided or required according to any terms on which your funding may be given; and
• any additional terms agreed between you and us in connection with funding or support we may provide to you.