Thank you for your interest in SimpletoGive.

Before continuing to make use of the www.simpletogive.org.za (“Site”), please read our user agreement below.

These Terms and Conditions are the general terms of the relationship between SimpletoGive and User. Your use of our Site and online crowdfunding platform as well as your potential use of our Services, indicates your acceptance of our Terms and Conditions, which we will accept that you have read, understood and accept as binding on you, the User.

The Site is owned and operated by Waive Proprietary Limited currently trading as SimpletoGive.

TERMS AND CONDITIONS

 

  1. DEFINITIONS

 

1.1.        “Affiliate” means, with regard to either Party, any Legal Entity which that Party Controls, which Controls that Party, or which is under common Control with that Party;

1.2.        “Campaign Account” means a website registered by a User and hosted on the SimpletoGive platform for the purpose of marketing a campaign and raising funds for education by means of the Platform Services;

1.3.        “Donor” means a User who gives money to an organisation registered on this Site by using the payment partner integrated into the specific registered Campaign Account;

1.4.        “Legal Entity” means a natural person, company, or organization that has legal rights and obligations;

1.5.        “Parties” means SimpletoGive and User collectively and “Party” means either one of them individually, as the context requires;

1.6.        “Personnel means any director, employee, agent, consultant, contractor or other representative of the Parties;

1.7.        “Platform Services” means the hosting services provided or made available from time to time by SimpletoGive to User and Donor through the mechanism of the SimpletoGive Platform;

1.8.        “SimpletoGive” means Waive Proprietary Limited (Registration Number: 201839729107) trading as SimpletoGive;

1.9.        “SimpletoGive IP” means any and all intellectual property that SimpletoGive has created, acquired or otherwise has rights in and may, in connection with the performance of SimpletoGive’s obligations under these Terms and Conditions, employ, provide, modify, create or otherwise acquire rights in and includes all concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, function, process, system and data models, templates, the generalised features of the structure, sequence and organisation of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems;

1.10.    “Third-Party Contractor” means, in respect of any Platform Services, the contractor, supplier, vendor or licensor (as the case may be) of the Platform Services which is not a party to these Terms and Conditions;

1.11.    “User Data” means User’s data (including personal information about an identifiable individual) –

1.11.1.    provided to SimpletoGive either by User or by any third party on User’s behalf; or

1.11.2.    data specific to the Platform Services which SimpletoGive generates, processes, or supplies to User in the performance of the Platform Services,

             but excludes any aggregated, anonymised data that is created by SimpletoGive for its own internal purposes or data which is proprietary or confidential to SimpletoGive or SimpletoGives’s other Users or Third-Party Contractors;

1.12.    “User Material” means all materials provided or made available by or on behalf of User to SimpletoGive for purposes of these Terms and Conditions and includes User Data;

1.13.    “User” means each user of this Site, which includes but is not limited to browsing users, Donors, organisations, members of charities, non-profit organisations and schools, as the context requires;

1.14.    “Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents and fax transmissions, but excludes information or data in electronic form and “Written” and “Write” shall have a corresponding meaning.

  1. SERVICES

2.1.        SimpletoGive is in the business of assisting and marketing online fundraising campaigns aimed at raising funds for education and provides its crowdfunding platform as a hosting mechanism for Campaign Accounts.

2.2.        SimpletoGive offers the User the option to create online accounts/websites by means of the SimpletoGive platform as an innovative marketing and funding channel for educational organisations and campaigns (“Campaign Accounts”), which Campaign Accounts will be accessible by Donors via the SimpletoGive platform and provide an effective electronic donation tool for Donors.

2.3.        Campaign Accounts can only be registered for charity organisations, non-profit organisations or schools  aimed at collecting monetary donations via the SimpletoGive platform. Donations in-kind or donations for reward are not permitted to be marketed on any Campaign Account.

2.4.        The registration of Campaign Accounts are User specific and cannot be ceded or assigned to an alternate organisations post registration.

2.5.         SimpletoGive does not register payment gateway accounts on behalf of User’s and requires each User to attend to the registration of a payment gateway with a payment partner itself.

2.6.        Users are responsible for all activity on the Campaign Account and for ensuring the confidentiality of User’s password and User indemnifies and holds SimpletoGive harmless from any claim for damages for any unauthorised use of the Campaign Account.

2.7.        If User becomes aware of any unpermitted use of User’s Campaign Account it must notify SimpletoGive of such unauthorised use immediately.

2.8.        SimpletoGive provides no guarantee, whether express or tacit, that a campaign will be successful as a result of the use of the SimpletoGive crowdfunding Platform Services.

2.9.        We reserve the right to terminate User access and Campaign Account’s effective immediately upon failure to comply with any of the terms of these Terms and Conditions.

3.              USE OF THE SITE AND PLATFORM SERVICES

3.1.        Users and Donors have browsing access to the Site.

3.2.        Upon registration by an organisation of a Campaign Account a User will have access to the Platform Services, which includes developing and integrating a separate website page into the SimpletoGive platform which is organisation specific and which markets a particular campaign designed by User.

3.3.        By User accessing the Site and making use of the Site and/or the Platform Services User warrants that it is of sound mind and legally entitled to do so by virtue of the fact that User is above the age of 18.

3.4.        User understands that SimpletoGive is a hosting platform and that any donation made by a Donor to a Campaign Account creates an entirely separate agreement between the User and the Donor (“the Agreement”) to which Agreement SimpletoGive is expressly excluded as a contracting party.

3.5.        User warrants to SimpletoGive that any Agreement between User and Donor on the Campaign Account will be on the following basic terms:

3.5.1.                User will conduct any and all campaigns with the utmost degree of care;

3.5.2.                When a project is successfully funded User must apply the whole of the donation funds to the purpose advertised;

3.5.3.                User will receive certain information such as Donor names and email addresses. It is User’s responsibility to keep this information private, and use it solely for the purposes of participating in the SimpletoGive Platform Services. User must ensure that it compiles and complies with a suitable and practical privacy policy to be integrated into its Campaign Account in order to enforce this clause3.5.3;

3.5.4.                User will ensure that Donor is made aware of any policies regarding refunds of donations;

3.5.5.                User will be liable and subject to legal action in User’s capacity for breach by User of the terms of the Agreement between User and Donor;

3.5.6.                SimpletoGive is simply a hosting platform and as such is not responsible for the fulfilment of any Agreements made between User and Donor or any other third-party; and

3.5.7.                User will ensure that Donor is aware that no agreement exists between SimpletoGive and Donor and indemnify and hold SimpletoGive harmless from any claim for damages by any Donor and/or third-party as a result of the breach by User of the terms of User’s Agreement with Donor.

3.6.        SimpletoGive charges its fees before putting funds into a User’s account. SimpletoGive (including any payment partners) will subtract fees and banking charges before transmitting the proceeds of a campaign.

3.7.        The Site may contain links to other websites (which we do not necessarily endorse). When User or Donor accesses these websites, they do so at their own risk.

4.              USER OBLIGATIONS

To enable SimpletoGive to provide the Platform Services, User agrees to provide ongoing assistance, liaison, input, support and full co-operation and shall, to the extent necessary and required by SimpletoGive and at User’s cost—

4.1.        register its payment gateway which will then be integrated into the SimpletoGive platform by means of the Campaign Account;

4.2.        obtain and maintain any licences or consents necessary for SimpletoGive to provide the Platform Services to User;

4.3.        provide a suitable infrastructure for the components and software that are to be implemented or which are necessary to make use of the Platform Services;

4.4.        provide SimpletoGive with reasonable access to User Material and User’s computer systems if necessary. Such access includes logical and physical access to networks, information, documentation and data;

4.5.        notify SimpletoGive as soon as reasonably possible of any issues, concerns or disputes which may arise from time to time;

4.6.        be responsible for the accuracy and completeness of all User Material;

4.7.        comply with all reasonable policies, procedures and instructions of SimpletoGive in relation to the provision of the Platform Services, as provided by SimpletoGive from time to time;

4.8.        provide Donor with access to these Terms and Conditions and ensure that Donor accepts the Disclaimer against liability of SimpletoGive to Donor in clause 13 prior to Donor entering into an Agreement with User; and

5.                   USER WARRANTIES

5.1.         User warrants that—

5.1.1.       it has not been induced to accept these Terms and Conditions by any prior representations, warranties or guarantees (whether oral or in writing), except as expressly contained in these Terms and Conditions;

5.1.2.       by making use of the Platform Services User is not acting in breach of any other agreement to which User is a party;

5.1.3.       the use of User Material on the SimpletoGive platform does not and will not infringe the intellectual property rights of any other person;

5.1.4.       it will not disseminate any personal and private information obtained as a result of the use of the Platform Services and will ensure that its Campaign Account complies with any respective obligations under applicable privacy and protection of personal information laws (including but not limited to the Protection of Personal Information Act);

5.1.5.       it will not interfere or engage in any activity which interferes with the proper working of the Site or Platform Services provided by SimpletoGive;

5.1.6.       it will not bypass or circumvent any security measures that SimpletoGive has put into place to restrict access to certain sections of the Site;

5.1.7.       it will not attempt to obtain personal information of SimpletoGive or its Users and/or Donors;

5.1.8.       it will take commercially reasonable measures to ensure that no malicious software is introduced into Users’ or SimpletoGive’s systems by its Personnel or any third-party.

5.1.9.       it will not attempt to gain unauthorised access to any data, password, or any other restricted information which belongs to SimpletoGive, its affiliates, or any user and/or Donor of its Site; and

5.1.10.    it will not engage in any activity, whether direct or indirect, which places strain on SimpletoGive’s infrastructure.

5.2.        User warrants further that it will not post:

5.2.1.       content that is harmful to others or may cause reputational harm (including: discriminatory comments, comments which are inappropriate or profane, child pornography, comments which constitute hate speech or content that is designed to abuse, stalk, harass or physically threaten other people);

5.2.2.       content that violates any intellectual property laws, including content that is protected by a copyright or patent;

5.2.3.       content that is misleading, false, or intentionally inaccurate;

5.2.4.       information that is fraudulent in nature;

5.2.5.       banking details of a beneficiary or campaign creator on a campaign page, charity profile page, or anywhere on the SimpletoGive Site;

5.2.6.       content that is illegal, and violates any domestic or international law or content which breaches a legal duty that User owes to other people;

5.2.7.       content which is designed as spam or any other unsolicited mass mailing activity that is distributed without the consent of the recipients;

5.2.8.       campaign content that contains the offer of any contest, competition giveaway, sweepstakes, offering monetary or other rewards for donations;

5.2.9.       annuities, investments, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;

5.2.10.    credit repair or debt settlement services; or

5.2.11.    details of a pending or current legal case which contain content that may be defamatory to the complainant or defendant.

and User hereby indemnifies and holds SimpletoGive harmless from any claim for damages by any third party as a result of the breach of any of the warranties contained in this clause 5.

6.              USER MATERIAL AND USER DATA

Ownership in all User Material whether under its control or not, shall continue to vest in User and SimpletoGive shall not obtain any proprietary rights in User Material. User grants to SimpletoGive (and SimpletoGive’s Third-Party Contractors as necessary) a perpetual, non-exclusive, royalty-free licence to use, reproduce and modify any User Material strictly for the purposes of providing Platform Services or as otherwise directed by User if and when necessary.

6.1.        Privacy and protection of personal information:

6.1.1.                     General:

6.1.1.1.                SimpletoGive and User are each responsible for complying with their respective obligations under applicable privacy and protection of personal information laws governing User Data.

6.1.1.2.                User remains solely responsible (i) for determining the purposes and means of SimpletoGive’s processing of User Data (including that processing will not place User or SimpletoGive in breach of any applicable privacy and protection of personal information laws) and (ii) for ensuring that all information protection principles which establish minimum requirements for the processing of personal information under applicable privacy and protection of personal information laws and all the measures that give effect to such principles are complied with.

6.1.2.       Restricted use: 

6.1.2.1.                User Data in the possession of SimpletoGive, or to which SimpletoGive may have access during the currency of the Platform Services, may not be used, accessed or processed by SimpletoGive, its Personnel or Third-Party Contractors for any purposes whatsoever other than as may be specifically required to enable SimpletoGive to comply with its obligations in terms of the Platform Services.

6.1.3.       Security measures:

6.1.3.1.                SimpletoGive undertakes that, to the extent that it processes personal information for User, it shall establish and maintain appropriate, reasonable technical and organisational measures to prevent—

6.1.3.2.                loss of, damage to or unauthorised destruction of such personal information; and

6.1.3.3.                unlawful access to or processing of such personal information.

6.1.4.       In order to give effect to clause 6.1.3, SimpletoGive agrees to take reasonable measures to—

6.1.4.1.                identify all reasonably foreseeable internal and external risks to the personal information in its possession or under its control;

6.1.4.2.                establish and maintain appropriate safeguards against the risks identified;

6.1.4.3.                regularly verify that the safeguards are effectively implemented; and

6.1.4.4.                ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

6.1.5.  On either Party’s reasonable written request, the other Party will provide the requesting Party with the information that it has regarding User Data and its processing that is necessary to enable the requesting Party to comply with its obligations under this clause 6 and any applicable privacy, protection of personal information and access to information laws. The requesting Party will reimburse the other Party for its reasonable charges for such assistance.

6.2.        Both Parties shall take reasonable precautions (having regard to the nature of their obligations under these Terms and Conditions) to preserve the integrity of User Data and to prevent any unauthorised access, corruption or loss of User Data.

6.3.        On termination of any Platform Services and Campaign Account, each Party shall return to the other Party in the form in which it was received all of the other Party’s data or information provided to the Party for the purpose of the performance of the relevant Platform Services.

7.               FEES

8.              7.1.            Creating an account on SimpletoGive is free of charge.

7.2.         Simpletogive charges a handling fee of 5 (five) percent for every donation made using the SimpletoGive Site.

7.3.        Our payment partners (including but not limited to Paypal) collect additional fees allocated to their specific services and User organisations are liable in their capacity and at their expense to:

7.3.1.       pay any additional fees or taxes associated with User organisations’ use of the payment partner services.

9.              7.3.            Each payment provider is its own Legal Entity, and SimpletoGive is not responsible for its performance.

10.          7.4.            User must not assume that funds will be immediately available for collection and agrees not to take any action in reliance on collecting any donations until the money is put into the User’s account.

7.5.        SimpletoGive reserves the right escalate fees in its sole and absolute discretion and will notify Users in advance of the intended escalation in fees and the date upon which such escalation will come into effect (provided that SimpletoGive may not escalate fees in excess of 5 (five) percent during the course of each financial year). 

8.              INTELLECTUAL PROPERTY

8.5.        All right, title and ownership of any code, forms, algorithms, methodologies, frameworks or materials developed by or for SimpletoGive or User independently and outside of these Terms and Conditions and provided during the course of these Terms and Conditions (“Existing Material”) shall remain the sole property of the Party providing the Existing Material.

8.6.        SimpletoGive has created, acquired or otherwise obtained rights in the SimpletoGive IP and, notwithstanding anything contained in these Terms and Conditions, as between the Parties SimpletoGive will own all right, title and interest, including all rights under all copyright, patent and other intellectual property laws, in and to the SimpletoGive IP.

8.7.        To the extent that SimpletoGive utilises any SimpletoGive IP in connection with SimpletoGive’s Platform Services, the SimpletoGive IP shall remain the property of SimpletoGive and User shall acquire no right or interest therein, provided that, to the extent that any SimpletoGive IP is incorporated in the Campaign Account, SimpletoGive grants to User a personal, non-exclusive licence to use such SimpletoGive IP strictly in connection with such Campaign Account.

8.8.        Unless otherwise agreed to in Writing, with respect to any development, adaptation, enhancement, modification, adjustment or other change to any SimpletoGive IP which may be developed by SimpletoGive (“Derivative Works”), SimpletoGive shall be the owner of all such Derivative Works.

9.              VARIATION AND DISCLAIMER

9.1.     SimpletoGive may, in its sole discretion, change this agreement or any part thereof at any time without notice or liability.

9.2.     the revised agreement will be posted on the Site and it is User’s obligation to ensure that User is aware of and up to date with any amendments or variations to these Terms and Conditions and SimpletoGive will not be liable for any omission or failure by User to comply with this clause 9.

10.          EFFECT OF TERMINATION

10.5.    On termination of the Platform Services and Campaign Account for any reason, all amounts due to SimpletoGive for services rendered prior to termination shall become due and payable. The amounts may not be withheld for any reason, unless a court of law directs otherwise.

10.6.    On termination, cancellation or expiry of any Platform Services and Campaign Account—

10.6.1.                 the provision of all Platform Services under these Terms and Conditions shall forthwith cease and SimpletoGive shall terminate the Campaign Account immediately; and

10.6.2.                 each Party will deliver to the other Party, or at the other Party’s option destroy (and procure the delivery or destruction by Third-Party Contractors of) all originals and copies of confidential information and proprietary materials in its or their possession or under its or their control.

10.7.    The expiry or termination of the Platform Services shall not affect the enforceability of the terms which are intended to operate after such expiry or termination.

11.          DISPUTE RESOLUTION

11.5.     The Parties shall try, in good faith, to solve amicably, and by mutual agreement, any dispute which may arise between them with respect to these Terms and Conditions in any way they deem appropriate.

11.6.    Should the Parties be unable to agree on whether a dispute is technical or not within 5 (five) Business Days, or if they are unable to resolve a dispute despite their good faith efforts, then the dispute will be finally resolved in accordance with the Rules of the Arbitration Foundation of South Africa (“AFSA”), by an arbitrator or arbitrators appointed by it.

11.7.    Either Party may demand that a dispute be referred to arbitration by giving Written notice to that effect to the other Party.

11.8.    Nothing in the Agreement shall preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction.

11.9.    The arbitration referred to in clause 11.2 shall be held –

11.9.1.    at Johannesburg in the English language; and

11.9.2.    immediately and with a view to its being completed within 21 (twenty-one) calendar days after it is demanded.

11.10. The Parties irrevocably agree that the submission of any dispute to arbitration is subject to the Parties’ rights of appeal. Either Party may appeal the arbitration ruling by giving Written notice to the other Party to the arbitration within 20 (twenty) calendar days of the ruling being handed down. The appeal shall be dealt with in accordance with the rules of AFSA by a panel of 3 (three) arbitrators appointed by AFSA.

11.11. The Parties irrevocably agree that on expiry of the 20 (twenty) calendar day period for appeal or the handing down of the ruling of the appeal panel, as the case may be, as contemplated in clause 11.6, the decision in arbitration proceedings –

11.11.1.            shall be final and binding on the Parties;

11.11.2.            shall be carried into effect; and

11.11.3.            may be made an order of any court of competent jurisdiction.

11.12. The costs of any reference to arbitration will be borne by the unsuccessful Party, unless otherwise determined by the Parties or the arbitrator, irrespective of which Party referred the dispute to arbitration.

11.13. This clause 11 is severable from the rest of these Terms and Conditions and shall remain valid and binding on the Parties notwithstanding any termination of any Platform Services.

11.14. SimpletoGive retains the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.

12.          ASSIGNMENT AND SUBCONTRACTING

12.5.    It is expressly recorded that SimpletoGive shall be entitled to cede and assign all rights and obligations under these Terms and Conditions to an Affiliate without the prior written consent of User, provided that SimpletoGive shall notify User within a reasonable time of the event occurring.

12.6.    SimpletoGive may sub-contract or delegate its obligations under these Terms and Conditions to Third-Party Contractors, provided that SimpletoGive shall remain liable for performance of such Third-Party Contractors. SimpletoGive shall not be required to disclose the terms (including payment terms) of any sub-contract entered into with respect to SimpletoGive’s obligations under these Terms and Conditions.

13.          NO LIABILITY TO DONOR

Donor hereby indemnifies and holds SimpletoGive harmless from any claim for damages, breach or otherwise, whether direct or indirect, which it may suffer as a result of breach of any Agreement between Donor and User and Donor warrants by acceptance of this disclaimer that no agreement has been created between SimpletoGive and Donor and accepts that User has indemnified SimpletoGive against any claim which Donor may have against User in relation to the use of the Campaign Account and SimpletoGive Site. In particular Donor accepts that:

13.5.    use of a Campaign Account, which includes donating to a campaign, to which Donor’s are provided access via this Site does not, by virtue of the use of the Site, create any agreement or any obligations between SimpletoGive and Donor;

13.6.    a Campaign Account which is established by a User/organisation invites potential Donor’s to donate. Upon donation the User’s offer is accepted by the Donor which creates a binding contractual obligation between Donor and User;

13.7.    it is User’s responsibility to ensure that the terms of the Agreement between User and Donor are provided on the Campaign Account and User is liable to Donor for the fulfilment of the Agreement; and

13.8.    donations are made online via payment partners which are registered by User and integrated into the User Campaign Account’s by means of the platform. When Donor donates, Donor agrees to the associated partners terms of service which the User is obligated to make available to you on the Campaign Account.

13.9.    SimpletoGive does not:

13.9.1.    verify the identity of the organisations on the Site or whether organisations are using the monies received for a legitimate purpose – this is the responsibility of Donor;

13.9.2.    independently verify whether the organisations hosted on the Site have section 18A status in terms of the Income Tax Act, 1962. This is something that Donors’ are responsible for checking with the organisation prior to donating. As such, SimpletoGive does not guarantee that donations to organisations will be tax deductible;

13.9.3.    become involved in disputes between User and Donor, or between User and any third-party relating to the use of the Site. SimpletoGive will, however, investigate Campaign Accounts or organisations should it receive 2 (two) or more complaints in Writing about the charity or organisation; or

13.9.4.     endorse any content that User submits to the Site.

13.10. Donor is obligated to ensure that it is aware of and understands these Terms and Conditions and that Donor understands and accepts these Terms and Conditions, to the extent that they are applicable to the Donor, prior to making a donation to a User organisation.

14.          GENERAL

14.5.    These Terms and Conditions constitute the entire agreement between the User and SimpletoGive in respect of the subject matter of these Terms and Conditions.

14.6.    No granting of time or forbearance shall be, or be deemed to be, a waiver of any term of these Terms and Conditions and no waiver of any breach shall operate as a waiver of any continuing or subsequent breach.

14.7.    If the whole or any part of a term of these Terms and Conditions is void or voidable by either Party or unenforceable or illegal, the whole or that part (as the case may be) of that term, shall be severed, and the remainder of these Terms and Conditions shall have full force and effect, provided the severance does not alter the nature of these Terms and Conditions between the Parties.

14.8.    These Terms and Conditions shall be governed and construed according to the laws of the Republic of South Africa and User agrees to submit to the exclusive jurisdiction of the South African courts.

14.9.    Neither Party will make or issue any formal or informal announcement or statement to the press in connection with these Terms and Conditions, without the prior written consent of the other Party.

14.10. No proposal by User to vary, amend or cancel any of the terms in these Terms and Conditions will be of any force or effect unless recorded in Writing and signed by an authorised signatory of both User and SimpletoGive.

14.11. User hereby consents to the use by SimpletoGive of User’s name and a general description of the Platform Services provided by SimpletoGive under these Terms and Conditions in any proposals, marketing material or other similar documents which SimpletoGive may issue or submit from time to time.

 

FUNDER TERMS AND CONDITIONS

1.              PREAMBLE

1.1.        These Terms and Conditions are the terms binding on all Users in relation to the involvement of Infiniti Insurance Limited with the SimpletoGive Website. Please refer to the SimpletoGive terms and conditions for the relevant terms to your use of the site.

1.2.        Your use of the website indicates that you have read, understood and accept as binding on you, these Funder Terms and Conditions.

1.3.        If you are a consumer protected by the Consumer Protection Act, 2008 we must draw to your attention the provisions in this contract which limit our risks of liability, shift the risk or liability to you or impose obligations on you to indemnify us or anyone else:

1.3.1.                 Infiniti has no liability if it changes the terms and conditions under clause 7 and Infiniti excludes its liability under clause Error! Reference source not found. because Infiniti does not have to verify identities, income tax status nor endorse any contents submitted to the SimpletoGive Website and sub-Websites. The Users indemnify Infiniti under clause 5.1 against all damages and losses and liability arising from a User’s use of the Website.

1.3.2.                 Clause 4.1 is an acknowledgement by you that Infiniti is solely a funder to help set up the Website, is not responsible for campaign accounts nor the content of any Website nor the validity of information on the Website nor on any Website linked to the SimpletoGive Website and Infiniti has no access to personal information or user data.

2.              DEFINITIONS

2.1.        Campaign Account” means a website registered by a User and hosted on the Website for the purpose of marketing a campaign and raising funds;

2.2.        Donation Payment” means any amount of money pledged, sponsored or donated via the Website to a Campaign Account;

2.3.        Donor” means a User who gives money to an organisation registered on the Website by using a Website Service Provider to facilitate a donation payment for a Campaign Account;

2.4.        Funder” means the party providing the financial and other resources to set up the SimpletoGive website, namely Infiniti;

2.5.        Infiniti” means Infiniti Insurance Limited, Registration number 2005/029823/06, which is a registered short-term insurance company and financial services provider with FSP number 35914;

2.6.        Parties” means Infiniti and/or SimpletoGive and/or the User collectively and “Party” means either one of them individually, as the context requires;

2.7.        SimpletoGive” means Waive Proprietary Limited (Registration Number: 2018/397291/07) trading as SimpletoGive;

2.8.        User/s” means each and every user/visitor of the Website, which includes but is not limited to browsing users, Donors, organisations, members of charities, non-profit organisations and schools;

2.9.        User Data” means a User’s data (including personal information about an identifiable individual/entity) –

2.9.1.  provided to the Website either by Users or by any third party on a User’s behalf; or

2.9.2.  any data obtained and stored by SimpletoGive, including but not limited to its employee’s, officer’s, affiliate’s and director’s; or

2.9.3.  any data obtained and stored by any of the Website Service Providers,

but excludes any aggregated, anonymised data that is created by the Website for its own internal purposes or data which is proprietary or confidential to SimpletoGive or Website Service Providers;

2.10.    Website” means the SimpletoGive website at the domain www.simpletogive.co.za; and

2.11.    Website Service Providers” means any third party entity or individual that provides the Website and SimpletoGive with any third party software or device that may enable, for example the facilitation of a Donation Payment.

3.              BACKGROUND

3.1.        Infiniti has agreed to provide SimpletoGive with the resources to set-up the Website.

3.2.        Infiniti appears on the Website to promote itself as a Funder.

4.              ACKNOWLEDGMENTS

4.1.        The User hereby acknowledges and agrees to the following:

4.1.1.  Infiniti is in no way affiliated to SimpletoGive, and acts solely as a Funder to help the set-up of the Website;

4.1.2.  Infiniti is in no way responsible for any of the Campaign Accounts and does not endorse or derive any benefit therefrom;

4.1.3.  Infiniti is not responsible for the content on the Website and provides no warranty to the User of the validity of the information displayed on the Website or any link to another website included therein;

4.1.4.  Infiniti has no access to any personal information or User Data in any form, whether provided by a User to SimpletoGive or any Website Service Provider;

4.1.5.  This is solely a contract for the benefit of Infiniti which accepts the benefits.

5.              INDEMNITY

5.1.        The User hereby indemnifies Infiniti, to the fullest extent of the law, and holds Infiniti harmless from any and all damage, losses, claims, demands, actions or any and all liability arising out of the User’s use of the Website and/or Campaign Account. The User undertakes not to hold Infiniti liable for any such loss or damage arising from whatsoever cause in relation to their use of the Website and/or a Campaign Account.

5.2.        SimpletoGive also hereby indemnifies Infiniti, to the fullest extent of the law, and holds Infiniti harmless from any and all damage, losses, claims, demands, actions or any and all liability arising out of the User’s use of the Website and/or Campaign Account, or out of the contract in place between themselves and any third party. SimpletoGive undertakes not to hold Infiniti liable for any such loss or damage arising from whatsoever cause in relation to their Website and/or a Campaign Account.

6.              INTELLECTUAL PROPERTY

All right, title and ownership of any materials, logos or entity names on the Website shall remain the sole property of the Party providing such property for display. No Party shall be entitled to replicate or make use of such materials, logos or entity names without the express permission of the Party who owns such property.

7.              VARIATION AND DISCLAIMER

7.1.        Infiniti may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without any notice or liability.

7.2.        The revised Terms and Conditions shall be posted on the Website and it is a User’s obligation to ensure that the User is aware of and up to date with any amendments or variations to these Terms and Conditions. Infiniti shall not be liable for any omission or failure by a User to comply with this clause 7.

8.              LIMITS OF INFINITI’S OBLIGATION

8.1.        Infiniti does not:

8.1.1.  verify the identity of any User on the Website or whether a User is using the monies received for a legitimate purpose – this is the responsibility of Donor;

8.1.2.  verify whether the User/Campaign Account on the Website have section 18A status in terms of the Income Tax Act, 1962. This is something that Donors’ are responsible for checking with the User prior to donating;

8.1.3.  become involved in disputes between Users, Donors, SimpletoGive or Website Service Providers relating to any matter whatsoever;

8.1.4.  endorse any content that Users submit to the Website; or

8.1.5.  become a party to the agreement or in relation to the other rights and obligations between SimpletoGive and any User.

9.              GENERAL

9.1.        These Funder Terms and Conditions shall be governed and construed according to the laws of the Republic of South Africa and Users agree to submit to the exclusive jurisdiction of the South African courts.

9.2.        A User shall have no right to vary, amend or cancel any of the terms in these Funder Terms and Conditions.