- About us: The Services are provided by MilanMedia (Pty) Ltd (the “Company”, “Fundnation”, “we”, “our” or “us”), a private company established in the Republic of South Africa, with its principal place of business situated at 105 11th Street, Parkmore, Sandton, Gauteng, 2196, registered under company registration number 2017/132677/03.
- Consumer Protection Act Disclosures: If you are a consumer, as defined in the Consumer Protection Act, we have a duty to point out certain important terms which may limit your rights, constitute an acceptance of a fact or otherwise be important. The clauses in these Terms that require specific consideration are clause 4 (acceptance), clause 6 (profile registration), clause 7 (electronic communications), clause 9 (third party websites), clause 10 (the platform), clause 11 (fundraisers), clause 12 (fundraiser campaigns), clause 16 (restrictions), clause 17 (content), clause 18 (non-circumvention), clause 19 (confidentiality), clause 20 (intellectual property), clause 21 (marketing), clause 22 (disclaimer), clause 23 (indemnity and limitation of liability), clause 1 (notice), clause 25.2 (termination), clause 25.4 (jurisdiction), and clause 25.8 (changes).
- Acceptance: These Terms constitute a legally binding agreement between you and Fundnation. You agree to these Terms by accessing or using our Services or by registering a profile (including allowing us to create a profile on your behalf) on the Platform. You represent and warrant that you have the right, authority, and capacity (including that you are over the age of 18) to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not use the Platform and/or our Services.
- Term: These Terms shall commence immediately upon your acceptance (as detailed in clause 4 above) and shall endure indefinitely until the completion of the Campaign or unless terminated by either Fundnation or yourself.
- Profile Registration: You will not need to register a profile on the Platform but must provide us with certain personal information in order to make use of the Services. You must complete an online form in order to make a donation and participate in a Campaign. You warrant that the information provided is true and accurate. You further warrant that you are over the age of 18 years old or otherwise have the consent of your parent/guardian to make a donation on the Platform.
- Electronic Communications: You consent to receive communications from us electronically, such as calls, invitations, e-mails, texts, mobile push notices, notifications, notices and/or messages via the Platform and/or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Licence:We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform, as well as all content provided therein, subject to your compliance with these Terms.
- Third Party Websites: The Platform may contain links to other websites (for instance, additional information related to a Campaign or to the Organisation’s website). When you access third party websites, you do so at your own risk. We don’t control or endorse those sites and do not accept any liability in relation to those sites in any manner whatsoever.
- The Platform: You agree and understand that Fundnation is merely a platform service provider. We are not responsible for the Organisation and make no warranties or representations with respect to the Organisation and/or the Campaigns in any manner whatsoever. You undertake to access and use the Platform only for legal, authorised, and acceptable purposes strictly in compliance with these Terms. You undertake not to use, or assist others in using, the Platform in ways that: (a) violates, misappropriates, or infringes the rights of us or anyone else, including privacy, publicity, intellectual property, and/or other proprietary rights; (b) is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate and/or encourage conduct that would be illegal and/or otherwise inappropriate; (c) involves publishing falsehoods, misrepresentations, and/or misleading statements; (d) impersonates someone; (e) involves sending illegal and/or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling, and/or the like; and/or (f) in any other way that is not specifically permitted by us in these Terms.
- Organisations: The Organisations are third parties who are seeking to raise funding by way of donation via the Platform. We are not responsible in any manner whatsoever for the Organisations and make no representations with the respect to them or their Campaigns.
- Campaigns: In order to raise funds, an Organisation will create a Campaign on the Platform. You will only be able to participate in a Campaign via the Platform. The terms of each Campaign are determined by the Organisation and include a description of the organisation, the minimum amount the Organisation wishes to raise, whether the campaign is matched or not, as well as whether the Organisation wishes to add a bonus round. You understand and agree that we have no control over the information provided by the Organisation and therefore cannot be held liable for any reliance you place on such information. We do not warrant that any information with respect to the Campaign is accurate, complete, reliable, current, and/or error-free. We reserve the right (but shall not be obligated) to cancel any Campaign should we become aware of a material error in the information provided by the Organisation and/or otherwise reasonably believe that it is in the best interest of the Donors. If a Campaign is not completed for any reason whatsoever you cannot hold us liable for such termination and any refund of monies already paid by the Donor must be claimed directly from the Organisation in question.
- Participation in Campaigns: We do not warrant or represent that the Organisation will use the funds as advised by the Organisation, or that the Campaign will achieve its goals. We also do not endorse, guarantee, make representations, or provide warranties regarding any Organisation or Campaign, including but not limited to the quality, performance, morality or legality of any Organisation or Campaign. Please note that we do not accept any liability for any delay or inability in accessing or participating in a Campaign.
- Payment: We do not process payments or receive any donations on behalf of the Organisations. All donations are made directly to the Organisations in one of the following ways: (i) using a 3rd party payment gateway, such as Walletdoc, Payfast, Paygate, Stripe, Autorize.net, etc; (ii) directly to the organisation in the form of a direct transfer, wire-transfer, EFT; or (iii) any other payment method detailed on the Platform from time to time. All payments on the Platform are processed via third party payment processors or banks. In order to protect our interests as well as yours, we may scrutinise transactions to prevent fraud. A transaction may be refused if we are not satisfied that it is legitimate.
- Tax Certificates: Please note that we do not issue Section 18A tax certificates. Should you require one you must request same from the Organisation. We do not warrant that the Organisation will be able to provide you with a section 18A tax certificate and you agree that we will not be liable in any manner should you not receive one.
- Refunds: We do not receive or hold any funds on behalf of any Organisation. To such, all refund claims must be made directly from the Organisation. We are merely a Platform service provider and cannot be held liable for any loss whatsoever.
- Restrictions: You may only access and use the Services and the Platform yourself and may not permit anyone else to do so on your behalf. You may only access the Platform via your own profile. You agree not to access and/or attempt to access any part of the Platform or Services by any means other than through the interface provided by us. You may not intercept, monitor, damage, and/or modify any communication of any user of the Platform for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Platform, the Services or any Campaign. You will not engage in any activity that interferes with, or disrupts, the Platform or the servers and networks that host the Platform. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Platform and/or the Services. Further, you may not copy, decompile, disassemble, and/or reverse engineer the Platform, the Services, the Campaigns and/or any part thereof. You may not use or access the Platform and/or the Services in any way that, in our sole discretion, adversely affects the performance or functionality of the Platform and/or the Services or interferes with the ability of authorised persons to access the Platform and/or the Services. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts and/or other mechanisms with similar functionality is expressly prohibited in relation to the Platform and/or the Services.
- Content: We accept no responsibility for any loss, damage, expense, delay or any other harm (“Loss” or “Losses”) that you or your property may suffer in any manner whatsoever in relation to the Services, any loss of business and/or business interruption, or any reputational damage suffered by you for any reason whatsoever. We accept no liability for the Campaigns and/or the information provided in relation thereto in any manner whatsoever and you fully indemnify and hold us harmless for any claims you may have in this regard. We make no warranties and/or representations with respect to any content provided on the Platform and/or in relation to the Campaigns, including any content, ideas, expressions, materials and/or any information shared by other users. You hereby (to the fullest extent possible) indemnify us, our directors, employees and affiliates from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of the Platform, the Services and/or any such content.
- Non circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier, or in any other manner circumvent and/or attempt to circumvent these Terms.
- Confidentiality: You agree and understand that any information, content and/or materials related to the Services disclosed and/or shared as part of the Services (“Confidential Information”) are proprietary and confidential. You hereby agree and undertake not to use and/or disclose any Confidential Information and/or any part thereof for any reason whatsoever. The provisions of this clause shall survive the termination of these Terms and shall endure indefinitely.
- Intellectual Property:All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Platform and/or the Services, (“IP”) are owned by us (or are licensed to us) and/or are therefore protected by both South African and/or international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast, and/or other circulation or exploitation of the IP and/or any part thereof will constitute an infringement of such IP rights. You are hereby granted a limited, non-exclusive, license to use the Platform and/or the Services to participate in Campaigns for your own personal use for the duration of the Campaign/s. To the extent that you participate in any forums or discussions on the Platform, you hereby agree and consent to such participation and/or discussion being recorded and hereby grant us an irrevocable, perpetual, royalty-free, transferable license to use any such content and any materials contained therein, including your name, for record, marketing, and/or security purposes.
- Marketing: You agree and understand that we may send marketing material to you from time to time, including special offers and promotions. You hereby consent to receiving these marketing materials.
- WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ORGANISATIONS OR THEIR BUSINESSES, THE CAMPAIGNS OR THEIR SUCCESS, THE PERFORMANCE OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED THEREIN AS WELL AS IN RELATION TO ANY THIRD-PARTY PROVIDERS, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY THE ORGANISATION.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM, THE CAMPAIGNS AND THE SERVICES. WE DO NOT WARRANT THAT THE PLATFORM, THE SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE FURTHER DO NOT WARRANT ANY SPECIFIC RESULTS OR PERFORMACE AS A RESULT OF THE SERVICES.
- INDEMNITY AND LIMITATION OF LIABILITY
- YOUR USE OF THE PLATFORM AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE THEREOF. WE DO NOT ACCEPT LIABILITY THAT MAY ARISE IN CONNECTION THEREWITH. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS SUFFERED IN RELATION TO THE CAMPAIGNS AND/OR OTHERWISE ATTRIBUTABLE TO THE ORGANISATION OR THE ORGANISATION’S BUSINESS.
- IN ADDITION TO ANY OTHER INDEMNITIES PROVIDED IN THESE TERMS, YOU HEREBY UNCONDITIONALLY AND IRREVOCABLY INDEMNIFY US, OUR AFFILIATED COMPANIES, OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES AND AGREE TO HOLD US FREE FROM ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS, OF WHATSOEVER NATURE ARISING OUT OF OR PURSUANT TO YOUR USE OF THE PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL LOSS, DAMAGES, CLAIMS AND/OR COSTS SUFFERED BY ANY PERSON AS A DIRECT OR INDIRECT RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, AND/OR SUCH INDEMNITY SHALL EXTEND TO THE REASONABLE COSTS THAT MAY BE INCURRED BY US IN DEFENDING ANY ACTION (AND/OR THREATENED ACTION) AGAINST US.
- IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, SERVICE PROVIDERS OR SUBSIDIARIES BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE SERVICES (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).
- Our Role: We are known as the “Processor” in terms of the Protection of Personal Information Act No. 4 of 2013 (“POPIA”). We process your personal information on behalf of the relevant Organisation (known as the “Responsible Party” under POPIA) in order to provide you with the services.
- Personal information:We gather the following information about you: (i) Information you provide to us when you make a donation, participate in a Campaign and otherwise use the Platform and/or Services, including your name/s, business name/s, address/es, contact number/s, email address/es, location/s, ID number, frequency of use/s of the Platform, and related personal information (ii) messages that are sent via the Platform, email or other telecommunication; (iii) information obtained via Cookies; (iv) use of third party payment services; (v) information obtained via the Platform or in the course of using the Services, email, telephone call or other communications with you, including User support communications; (vi) usage of the Platform and/or Services; and (vii) other information related to your use of the Platform and/or the Services; (vii) information your provide for identity verification purposes.
- Purpose:We use the information you provide us in order to:
- provide the Platform and/or the Services to you, which includes providing your personal information to Organisations, third party payment gateways, and/or any other person reasonably required to facilitate the provision of the Platform and/or Services to you;
- create and administer your profile;
- allow you to participate in Campaigns;
- communicate with you and provide you support services;
- provide administrative services and User support services, including in relation to any Campaigns;
- send marketing and promotional content to you;
- to confirm and verify your identity or to verify that you are an authorised user for security purposes;
- promote the Platform, the Services, Campaigns, and our other services from time to time;
- improve, customise and optimise the Services and the Platform;
- enable us to conduct internal research and statistical analysis;
- monitor your use of the Platform in order to ensure compliance with the Terms;
- comply with any applicable local and international laws (including data privacy and tax laws); and
- improve our understanding of the marketplace and how you use the Platform and Services.
- Public information: The following information will be publicly available to other users on the Platform, namely:
- Full name (although you may choose not to share this information if you wish and donate anonymously)
- Donation amount
- Optional message
- Bank Accounts: We do not store or have access to your bank account or credit card information. This information is stored and processed by third party providers.
- Data Transfers: We are based in South Africa and your personal information may be stored and processed in South Africa, the United States of America, the United Kingdom or Europe. You hereby agree to the transfer of your personal information outside of South Africa to any country where it is necessary for the performance of the Services or where the third-party recipient is subject to a law, binding corporate rules, or binding agreement which provide an adequate level of protection equivalent to those under the POPIA.
- Storage and retention:Your personal information is stored on the Platform. Fundnation may in their sole discretion determine the manner and location of the storage of your personal information and you hereby consent to same. We shall only retain and store your personal information for the period for which the data is required to serve its primary purpose and/or a legitimate interest and/or for the period required to comply with an applicable legal requirement, whichever is for a longer duration.
- Consent: You hereby consent to the use and storage of your personal information for the purposes indicated above, including the cross-border transfer of your personal information.
- Disclosure: We may disclose your personal information in the following circumstances –
- As provided for in these Terms;
- When you contribute to a Campaign, we share your information (full name, email address, contact number, amount contributed, tax receipt details, payment gateway information, payment identifiers and any option notes or messages submitted) with the Organisation. Please note that once we share your personal information with a Organisation, the information received by the Organisation is controlled by that Organisation and becomes subject to the Organisation’s privacy practices;
- We also share certain types of personal information with necessary third parties for verification, compliance, marketing, and regulatory purposes. These include, the South African Revenue Services, the Financial Intelligence Centre, third party payment processors, credit bureaus and criminal background checks.
- Where businesses perform services on our behalf, including marketing services, and customer services.
- Where you consent to such personal information being shared.
- Where it is necessary for the performance of the Services.
- We may also share aggregate or de-identified information with third parties for research, marketing, analytics, and other purposes, provided such information does not directly identify you.
- As required in relation to court orders, subpoenas, or legal process, or enforceable governmental requests, or to establish or defend against legal claims, or exercise our legal rights;
- Where we believe it is necessary to access, use, preserve or disclose such information to detect, investigate, prevent, or address illegal activities, fraud, security or technical issues, or potential threats to the safety of any person, or violations of these Terms, or to protect the rights, property, or safety of Fundnation, the Platform or other users as required or permitted by law.
- Fundnation will take reasonable steps to ensure that its contracts with third parties include requirements for those third parties to comply with the requirements of the applicable South African privacy legislation.
- We may also disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, features, and/or to provide you a better user experience. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and/or performance statistics of a specific advertising campaign. Such information will be de-identified.
- Security: We strive to ensure the security of personal information you provide to us by taking reasonable measures to prevent the destruction, unlawful access and loss of personal information. Any compromise of data integrity or confidentiality will be reported to you via the Platform, email or by SMS.
- Your rights: You have the right to access, rectify, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing. You may exercise these rights by contacting the Organisation (as the responsible party) or by sending us an email at [email protected]. Please note that without certain information we are unable to offer you the Services and may thus terminate these Terms and your use of the Services in such an event and you will have no claim against us.
- Notice: Any notices you wish to send us must be via email to [email protected]. You agree that any notices (including documents and legal process) we send to you may be sent via the Platform, cell phone number (including SMS) or email. You also agree that electronic communications (including email, SMS and communication via the Platform) shall be considered to be “in writing”.
- Termination: We may in our sole discretion terminate or suspend the provision of the Services to you and/or restrict your access to the Platform and/or cancel your profile at any time and without reason. We also reserve the right to terminate these Terms (together with your access to, and use of, the Platform and the Services) should we reasonably believe that you have, or have attempted to: (i) circumvent the Platform, the Services; (ii) do anything that may harm (including bringing into disrepute) us, the Platform, the Services, our IP; (iii) do anything illegal, immoral or unethical; or (iv) breach any term of these Terms. If we do this, you may be prevented from accessing all or parts of the Platform or the Services, your profile or other content contained therein. We will not be liable to you or any third party for doing so. You may terminate your profile by giving written notice to us.
- Place and time of Agreement: These Terms shall be deemed to have been entered into in Johannesburg at the time of registration of your user profile.
- Jurisdiction and Choice of Law: These Terms will be exclusively governed by and construed in accordance with the laws of South Africa. You consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
- Severability: Notwithstanding that any provisions of these Terms be illegal or unenforceable, the remaining provisions of these Terms shall continue to be of full force and effect.
- Whole Agreement: These Terms constitute the entire agreement between Fundnation and yourself.
- Cession and Assignment: We shall be entitled to cede or assign any of our rights, or delegate any of our obligations in these Terms (or any part thereof) without prior notice or consent.
- Changes:We may change these Terms from time to time. If we do, any changes will be effective immediately and we will take reasonable steps to let you know about any changes, either by a notice on the Platform or by sending you an SMS, or email. If you keep using the Platform and/or our Services after a change and/or changes, that means you accept the new Terms.
- Electronic Communications: When you visit the Platform and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.
- Compliance with Laws: It is your sole responsibility to ensure that you comply with all applicable laws and regulations.
- Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:
Full name: Milan Levy
Physical address and address for receipt of service: 105 11th Street Parkmore, Sandton, Gauteng, 2196
Telephone no.: +27 87 057 8770
Website address: https://www.fundnation.org/
Email address [email protected]
Registration number: 2017/132677/07
Country of incorporation: South Africa
- Relevant POPIA information:
Information Officer: Milan Levy
Information Officer Email: [email protected]
Any additional information or concerns can be found and raised with the Information Regulator, who can be contacted as shared below, but please feel free to contact me/us first to discuss any questions or concerns you may have:
Tel: 012 406 4818
Email: [email protected]