By donating money ('Donation') for the construction of the
Waterfront Theatre at Wynyard Quarter donors acknowledge and agree
that such Donations will be dealt with in the following manner:
- All Donations will be received and held on trust by Auckland
Theatre Company Limited ('ATC') to be used for the sole purpose of
constructing the Waterfront Theatre. Donations will be held on
trust until the board of The Waterfront Theatre Trust resolves to
proceed with the construction of the Waterfront Theatre (following
satisfaction or waiver or all conditions relating to the
construction project), at which time the Donations will be
transferred into the control of The Waterfront Theatre Trust, a
trust to be established for the purposes of establishing and
maintaining the Waterfront Theatre.
- ATC will retain a register of donors that will contain the name
and contact details provided by donors at the time of making their
Donation. Such information will be held and used by ATC in
accordance with its privacy policy, which can be found at the privacy
policy.
- If the board of ATC is satisfied that the construction of the
Waterfront Theatre will not proceed for any reason, all Donations
will be refunded by ATC to the registered donor, exclusive of any
interest that may have been generated from those Donations while
held on trust. Refunds will be made after contacting the donor, via
the contact details held in the register of Donors, to determine
appropriate refund method.
- ATC will make all reasonable efforts to refund Donations to the
respective donors for a period of 12 months from the date that the
board of ATC resolves to proceed with the refund of
Donations.
- Where ATC in unable to refund any Donation within the 12 month
period, such Donation will be given to a charity in New Zealand of
its choice (which may include The Theatre Foundation which owns
ATC) and ATC will have no further liability to the original
donor.