1. Agreement
These Terms of Service ("Terms") govern your access to and use of the FlockPack website, platform, applications, and related services ("Services").
By accessing or using FlockPack, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
These Terms constitute a legally binding agreement between you and FlockPack NZ Limited ("FlockPack", "we", "our", or "us").
2. About FlockPack
FlockPack is a software-as-a-service (SaaS) platform designed to help organisations and small businesses manage:
- Registrations
- Memberships
- Events and programmes
- Competitions
- Attendance tracking
- Volunteer management
- Sponsorships
- Fundraising campaigns
- Donations
- Surveys and polls
- Ticketing and bookings
- Community activities
- Payment collection and reporting
FlockPack provides technology, workflow automation, reporting, and administration tools only.
3. Platform Role
FlockPack acts solely as a technology platform and service provider.
Any transaction, agreement, registration, booking, donation, sponsorship, membership, product purchase, service purchase, or event participation facilitated through FlockPack is solely between the organisation operating the account ("Organisation") and the individual or entity engaging with that Organisation ("Participant").
FlockPack is not a party to those transactions and does not assume responsibility for the actions, products, services, activities, or commitments of Organisations using the platform.
Unless expressly stated otherwise:
- FlockPack does not own products sold through the platform.
- FlockPack does not organise events.
- FlockPack does not supervise activities.
- FlockPack does not act as trustee or escrow provider.
- FlockPack does not guarantee payment collection.
- FlockPack does not guarantee event delivery.
- FlockPack does not guarantee the quality of any product or service provided by an Organisation.
4. Eligibility
You may use the Services only if:
- You are at least 18 years of age; or
- You have permission from a parent, guardian, or authorised representative.
If you use FlockPack on behalf of an Organisation, you represent and warrant that you have authority to bind that Organisation to these Terms.
5. User Accounts
You are responsible for:
- Maintaining the confidentiality of your login credentials.
- Keeping account information accurate and up to date.
- Managing access granted to users within your Organisation.
- All activity conducted under your account.
You must notify FlockPack immediately if you become aware of any unauthorised access or security incident involving your account.
6. Organisation Responsibilities
Each Organisation is solely responsible for:
- Information published through the platform.
- Registrations, memberships, and attendee communications.
- Event planning and event delivery.
- Goods and services offered through the platform.
- Pricing and fee structures.
- Fundraising campaigns.
- Sponsorship arrangements.
- Donation collection and usage.
- Competition management.
- Compliance with laws and regulations.
- Obtaining any required permits, consents, licences, and approvals.
- Managing refunds, cancellations, and disputes.
- The conduct of its employees, volunteers, contractors, and representatives.
FlockPack does not supervise or control organisational activities conducted through the platform.
7. Payments and Fees
Platform Fees
FlockPack may charge:
- Subscription fees
- Transaction fees
- Platform fees
- Optional service fees
Applicable fees will be displayed within the platform, published on our website, or otherwise communicated to you.
Payment Processing
Payments may be processed through third-party providers including:
- Stripe
- Worldline
- Windcave
- Banks
- Other approved providers
Payment providers operate independently of FlockPack and may impose their own terms, fees, onboarding requirements, verification processes, and compliance obligations.
FlockPack is not responsible for:
- Merchant account approvals
- Payment provider decisions
- Settlement delays
- Payment processing outages
- Chargebacks
- Banking errors
- Payment provider fee changes
Merchant Verification
Where a payment provider requires merchant onboarding, identity verification, compliance checks, or approval processes, the Organisation is solely responsible for meeting those requirements.
8. Refunds and Cancellations
Refund policies are determined by the Organisation receiving the payment.
Participants seeking refunds should contact the relevant Organisation directly.
FlockPack is not responsible for:
- Refund decisions
- Event postponements
- Event cancellations
- Programme cancellations
- Competition outcomes
- Non-delivery of products or services
FlockPack may assist in resolving technical payment issues but is not obligated to provide refunds on behalf of Organisations. Please see the Refund & Cancellation Policy for further detail.
9. Permitted Use
FlockPack may be used for lawful activities including:
- Event registrations
- Membership management
- Community programmes
- Fundraising activities
- Donations
- Sponsorships
- Volunteer management
- Surveys and polls
- Competition registrations
- Attendance management
- Ticket sales
- School activities
- Faith-based activities
- Community organisation activities
- Home business activities
- Home baking and home kitchen orders
- Merchandise sales related to an Organisation's activities
- Products and services offered directly by the Organisation operating the account
10. Prohibited Activities
Users must not use FlockPack for:
- Illegal activities.
- Fraudulent conduct.
- Misleading fundraising campaigns.
- Money laundering activities.
- Financing unlawful activities.
- Identity theft.
- Spam or unsolicited communications.
- Distribution of malware.
- Hacking or unauthorised access attempts.
- Intellectual property infringement.
- Misrepresentation of products, services, events, or organisations.
- Circumvention of payment provider requirements.
Users must not use FlockPack to:
- Operate a general-purpose online marketplace.
- Operate a multi-vendor marketplace with unrelated sellers.
- Operate an auction platform.
- Process payments on behalf of unrelated third parties.
- Conceal the true nature of transactions.
- Facilitate prohibited or high-risk activities identified by payment providers.
See the Acceptable Use Policy for the complete list.
11. Restricted Products and Services
The platform must not be used to offer, promote, sell, distribute, or facilitate transactions involving:
- Illegal drugs
- Controlled substances
- Counterfeit goods
- Weapons or ammunition
- Explosives
- Illegal gambling activities
- Pyramid schemes
- Financial scams
- Fraudulent investment schemes
- Stolen goods
- Any activity prohibited by applicable law
FlockPack may remove content or suspend accounts associated with prohibited activities.
12. Financial Information Restrictions
Organisations must not collect or request:
- Credit card numbers
- Card verification codes (CVV/CVC)
- Internet banking passwords
- Online banking credentials
through standard FlockPack forms or custom fields.
All payment information must be collected through approved payment processing integrations.
13. User Content
Users retain ownership of content submitted to FlockPack.
By uploading or submitting content, you grant FlockPack a non-exclusive licence to host, store, process, transmit, display, and reproduce that content solely for the purpose of providing the Services.
Users are responsible for ensuring that submitted content:
- Is lawful.
- Is accurate to the best of their knowledge.
- Does not infringe the rights of others.
14. Intellectual Property
All rights, title, and interest in:
- FlockPack software
- Branding
- Logos
- User interfaces
- Designs
- Documentation
- Technology
- Features and functionality
remain the property of FlockPack NZ Limited or its licensors.
Users may not copy, modify, distribute, reverse engineer, republish, or resell any part of the Services without prior written consent.
15. Privacy
Use of the Services is governed by the FlockPack Privacy Policy.
By using the Services, you acknowledge that personal information may be collected, stored, processed, and disclosed in accordance with the Privacy Policy.
16. Security
FlockPack implements reasonable technical and organisational measures designed to protect platform data and systems.
These measures may include:
- Encryption
- Access controls
- Audit logging
- Authentication mechanisms
- System monitoring
- Secure cloud infrastructure
Administrative actions may be recorded for security, fraud prevention, compliance, and system integrity purposes.
17. Availability of Services
FlockPack aims to provide reliable Services but does not guarantee continuous or uninterrupted availability.
Services may be affected by:
- Maintenance
- Software updates
- Technical failures
- Internet disruptions
- Third-party outages
- Security incidents
- Events beyond our reasonable control
We reserve the right to modify, suspend, or discontinue features at any time.
18. Disclaimer
The Services are provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, FlockPack makes no warranties regarding:
- Availability
- Reliability
- Fitness for a particular purpose
- Event outcomes
- Fundraising outcomes
- Competition outcomes
- Product quality
- Service quality
- User-generated content
- Third-party services
Users access and use the Services at their own risk.
19. Limitation of Liability
To the maximum extent permitted by law, FlockPack shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from:
- Platform use
- Events
- Memberships
- Registrations
- Donations
- Fundraising activities
- Sponsorship arrangements
- Products or services offered by Organisations
- Refund disputes
- Payment disputes
- Competition outcomes
- Data loss
- Business interruption
If FlockPack is found liable for any claim, our total liability shall not exceed the lesser of:
- NZD $100; or
- The fees paid directly to FlockPack by the affected user during the preceding 12 months.
20. Indemnity
You agree to indemnify and hold harmless FlockPack, its directors, officers, employees, contractors, and representatives against any claims, losses, damages, liabilities, costs, and expenses arising from:
- Your use of the Services.
- Your Organisation's activities.
- Products or services offered by your Organisation.
- Your breach of these Terms.
- Your breach of applicable laws.
21. Suspension and Termination
FlockPack may suspend, restrict, or terminate access to the Services where we reasonably believe there has been:
- Fraudulent activity
- Illegal activity
- Platform abuse
- Security threats
- Non-payment
- Breach of these Terms
- Breach of our Acceptable Use Policy
- Activity identified by payment providers as prohibited or high-risk
We may do so with or without prior notice where reasonably necessary to protect FlockPack, users, payment providers, or the public.
22. Force Majeure
FlockPack shall not be liable for delays, interruptions, or failures caused by events beyond our reasonable control, including:
- Natural disasters
- Floods
- Fires
- Power failures
- Telecommunications outages
- Internet disruptions
- Government actions
- Labour disputes
- Epidemics
- Pandemics
- Cybersecurity incidents
23. Changes to These Terms
We may update these Terms from time to time.
Updated versions will be published on our website and become effective upon publication unless otherwise stated.
Continued use of the Services after publication constitutes acceptance of the updated Terms.
24. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
25. Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, and any other policies published by FlockPack, constitute the entire agreement between you and FlockPack regarding the Services.
26. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand.
Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
27. Contact Us
FlockPack NZ Limited
Website: https://www.flockpack.com
Email: support@flockpack.com
For questions regarding these Terms, please contact support@flockpack.com.