Terms and Conditions

Website terms & conditions for http://www.myfoundation.co.za



Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Detailed description of goods and/or services

MyFoundation is a business in the Public Benefit (PBO) industry that helps charities (NPO) to get financial assistants for their projects. Export restriction (Optional) The offering on this website is available to South African clients only.

Return and Refunds policy

The provision of goods and services by MyFoundation is subject to availability. In cases of unavailability, MyFoundation will refund the client in full within 30 days. Cancellation of orders by the client will attract a 1.5 % administration fee. (If appropriate – provide details of your policy regarding damaged goods). Also mention guarantees, warranties, etc.

Customer privacy policy

MyFoundation shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the MyFoundation bank account, the details of which will be provided on request

Credit card acquiring and security

Credit card transactions will be acquired for MyFoundation via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by MyFoundation separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

MyFoundation takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and MyFoundation chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature

Variation

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

Company information

This website is run by a Public Benefit Organizations (PBO) based in South Africa trading as My Foundation and with registration number IT 020914/2014 and Louis Blom, Johan Poggenpoel and Hanlie Rietoff (Director(s))

MyFoundation contact details

support: Email: admin@myfoundation.co.za Telephone:083 298 9684

License to use website

Unless otherwise stated, MyFoundation Trust and its directors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print reports or certificates, pro forma contracts, contracts and feedback reports from the website for your company or own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. Images on this website are the property of the individuals uploaded it.

You must not without written consent from MyFoundation trust:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for the explicit authorised use. Content specifically and expressly made available for circulation within the NPO for registering projects

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

MyFoundation is the registered domain name used to make this portal available to the Donors, Non Profitable Organisations, Charity Projects and Suppliers.

The software application will take care of issuing all the legal documents needed for NGO donations as well as documents and certificates needed for B-BBEE certification based on donations handled through this portal.

Acceptable use

You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Software Solutions’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing.

Restricted access

Access to certain areas of this website is restricted. MyFoundation reserves the right to restrict access to any area of this website, or indeed this entire website, MyFoundation discretion.

MyFoundation provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Software Solutions or Feed a Child may disable your user ID and password to MyFoundation any time without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. MyFoundation trust makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, MyFoundation does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading to the best of MyFoundation ability.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (legal, financial or medical) matter you should consult an appropriate professional.

Limitations of liability

MyFoundation will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Software Solutions or Feed a Child has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, MyFoundation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MyFoundation or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MyFoundation officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MyFoundation.

Utilisation of Donations

The donations made by a donor aimed at a specific Project as chosen by the donor will be the project benefitting from the donation.

According to legislation MyFoundation may allocate up to 25% of contributions for overheads of MyFoundation – Overheads includes: Salaries, Directors remuneration, Telephone, Communication and Internet costs, Office rental, Office furniture, Office Water, Electricity, Rates and Taxes, Cleaning costs, Maintenance, Security, Insurance, Transport and Accommodation, Computers, Printer and printing, design work, Advertising and marketing and Sales Commissions.

MyFoundation will receive a nominal 10% fulfillment fee. This enables MyFoundation to cover operating costs - finding and vetting projects, providing training and giving support to project leaders, attracting donors, and maintaining an innovative, informative web presence. It also includes the fees assessed by vendors for credit card processing, mobile giving, wired transfers, and other fees charged by financial institutions.

MyFoundation also has a market strategy where the fundraisers is actively involved in marketing the projects on MyFoundation. These fundraisers get a 10% commission.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity

You hereby indemnify MyFoundation and undertake to keep MyFoundation indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MyFoundation to a third party in settlement of a claim or dispute on the advice of MyFoundation legal advisers incurred or suffered by MyFoundation arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to MyFoundation other rights under these terms and conditions, if you breach these terms and conditions in any way, MyFoundation may take such action as MyFoundation trust deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

MyFoundation may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. It is the user’s responsibility to ensure he or she has read the most recent Terms and Conditions. Please check this page regularly to ensure you are familiar with the current version.

Assignment

MyFoundation may transfer, sub-contract or otherwise deal with MyFoundation’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, constitute the entire agreement between you and MyFoundation in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African Legislation, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.

Regular feedback

NPOs and Project managers/leaders are responsible to complete the regular feedback form according to requirements in the portal. Failure to adhering to this requirement may result in a ban from the portal resulting in not displaying the projects to potential donors up until such a point that the reports are up to date. After such a date the outstanding projects in need of funding, will again be displayed to potential donors.


Terms and Conditions