Terms of use


Fundraise TERMS OF USE

Our terms of service describe what Fundraise does for you and the charities and other causes you support, and what we require of you as a user.

“Cause” and “cause” refers to charities and other causes you support through use of our service.

“Fundraise” or “us” or “we” refer to the owner of the website, Fundraise.co.za.

“Website” refers to https://www.Fundraise.co.za.

 “You” and “your” refers to each user or viewer of the Website, including contributors, charities and  fundraisers.

These terms of service apply in each country where we operate. Country-specific terms also apply to use of the service in Australia  and the United States.

Summary

Fundraise.co.za  – We operate a website that processes contributions on behalf of the Causes featured on it. 
Data Privacy – Your privacy is paramount to us. Our Privacy Policy shows you how we protect it.
User Conduct – If you create a Fundraise page or use any of our services, please remember Fundraise is for everyone. If we find offensive, defamatory, libelous, threatening, harassing, or obscene content on the Website, we will remove it and terminate your access. Please ensure the content you upload to the site, especially pictures and videos, does not infringe another person’s copyright.
 

Terms of Service

These terms of service (and the relevant country specific terms) (collectively, the "Terms”) “govern your use of the Website and its associated services. Please read these Terms carefully. Your use of the Website and/or and its associated services constitutes your assent to these Terms.

We may update these Terms from time to time. It is your responsibility to review these Terms wherever you access the Website. The latest version of these Terms will govern any future usage by you of the Website and its associated services. The date on which these Terms were last updated is stated at the end of this document.

About the Causes featured on the Website:

The Website and its associated services allow you to contribute to and raise funds for any Cause listed on the Website. Every Cause featured has an agreement with Fundraise authorising Fundraise and/or JustGive (defined below) to collect donations on its behalf. Causes are listed on this Website at Fundraise's discretion; however, we are not responsible for the activities of any Cause. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates.

 

Contributions

Subject to the requirements of applicable local laws, and what we say below in relation to Fundraise Crowdfunding, once your donation is made it will only be refunded to you with the prior written consent of the Cause to whom it has been directed. In the event all funds have been paid out and there are no funds available for refund, Fundraise reserves the right to invoice or direct debit the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

For Fundraise Crowdfunding, Fundraise will process your donation via the payment method used at the time of donating. NOTE: no donations will be refunded for any reason, subject to applicable local laws. Occasionally, the person who created the page to which you have donated does not pass identity verification or other necessary checks, or there is some other reason that we cannot transfer the funds to them. If we are unable to transfer the funds to the Cause to which you donated, we will return your donation via the payment method from which you made the donation.  If we are unable to return your donation via the payment method you used, your donation will be sent to another Cause, subject to the deduction of applicable transaction and payment processing fees.

Use of your contribution

Fundraise does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by a Cause. After donations are made, all further dealings are solely between you and the Cause to which you donated.

NOTE: For donations to Fundraise Crowdfunding pages, you may receive updates from the page creator to let you know more about their Cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer in emails you receive from the page creator.

Please note that recipient organisations (excluding Fundraise Crowdfunding page creators) reserve the right to use your donation for their general purposes in accordance with their practices and rules. Fundraise shall not be responsible for ensuring that funds are earmarked for a particular appeal. If you want a donation to be used for a specific purpose or for a particular appeal, contact the organisation and make your donation directly to them.

Fundraise (or any payments processor or card brand we work with) will verify the identity of a Fundraise Crowdfunding page creator and undertake any other necessary checks before any funds raised are transferred to the page owner. Fundraise shall have no liability to donors whatsoever for any use or misuse of donations made to the Fundraise Crowdfunding page. The Fundraise Crowdfunding page may state that page owners will use donations only for specific purposes, but Fundraise cannot guarantee that they will use them for such purpose. If you have any doubts as to how the money will be spent you should contact the Fundraise Crowdfunding page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant Fundraise Crowdfunding page is one that you wish to support.

Fundraise fees

For information about our fees please see https://www.Fundraise.co.za/fees.

Unauthorised contributions

When you make a contibution, the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayFast, you should contact the provider of that payment method for assistance.

Fundraise will never email or phone you and ask you to provide all of your payment details.

Protecting your account

When you register with Fundraise and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile in order to claim tax or tax deductions in accordance with applicable laws and regulations. Claiming tax or tax deductions using someone else’s taxpayer information is against the law. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.

Information

Fundraise is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine any consequences of making a donation to a Cause.

Privacy

Fundraise's Privacy Policy forms part of these Terms. By agreeing to these Terms, you also give your consent to the way we handle your personal information under that Policy. Read our Privacy Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party.
You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Fundraise does not actively edit the Website but reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If you notice any such content, please email us at help@Fundraise.co.za.
If you build a fundraising page on Fundraise, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), including pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner's written consent to use it. Fundraise reserves the right to remove any pictures, photographs, videos or copy from personal fundraising or Fundraise Crowdfunding pages at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at help@Fundraise.co.za. Please note that by submitting and posting Content to the Website, you grant to Fundraise a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting Fundraise or a Cause, or for any other purpose that we deem appropriate.
You must not misrepresent your identity or affiliation with any other person or organization.
You must not use the Website to send junk email or “spam” to people who do not wish to receive email from you.
You must not use the Website to conduct, display or forward surveys, pyramid schemes or chain letters.
You must not use the Website to conduct, display or forward raffles, lotteries or contests.
You must not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Fundraise systems.
You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.
You must not attempt to bypass the network firewall.
You must not use any party of the site which you are not authorized to use or devise ways to circumvent security in order to access part of the site which you are not authorized to access (includes scanning networks with intent to breach and/or evaluate security, whether or not the intrusion results in access).
You must not use or attempt to use the site for any unlawful, criminal, or negligent purposes (includes password cracking, social engineering, denial-of-service attacks, harmful and malicious destruction of data, and intentional invasion of privacy).
You must not disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
Fundraise reserves the right to cancel your access and delete any Fundraise page without notice in the event you fail to follow any of the above rules. Fundraise may also suspend or delete a Fundraise page if the relevant Cause is no longer receiving donations via Fundraise or is no longer active.

Building a Fundraise page in aid of a Cause in no way implies Fundraise's or the Cause's endorsement of your fundraising activity. Prior to commencing a fundraising activity, It is your responsibility to ensure that the benefitting Cause has no objection to the nature of the proposed activity. Fundraise reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause if the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

Links

The Website and its associated services contain links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are your own responsibility.

Partner Services

Fundraise may from time to time select partners offering relevant information and services that we believe will enhance the Website. Whilst we will do our best to select reputable partners of, we are not responsible for any of the information or services offered by them, and if you choose to use their services, you do so at your own risk.

Trademarks

The names Fundraise, Fundraise Crowdfunding and Fundraise.co.za, the Fundraise logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Fundraise's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Fundraise. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Fundraise Crowdfunding pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Fundraise and the trademark owner.

Copyright

All content on the Website and its associated services is owned by Fundraise, our member charities, Fundraise Crowdfunding page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of Fundraise, and, where applicable, the copyright holder.

Prohibition on data extraction and distribution

By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these Terms, or which is based on or derived from any such data. Fundraise may take any measures it sees fit to block access to the Website and its associated services where it believes that these Terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these Terms, damages may be an inadequate remedy and Fundraise shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. Fundraise may also request that you destroy any data you have gathered or extracted in breach of these Terms and you agree that you will comply with such request promptly and certify the same.

Inquiries and permission requests may be sent to help@Fundraise.co.za.

Changes to the service

Fundraise reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. All new features, services or software applications shall be subject to these Terms.

Failure to comply with these Terms

In the event that you fail to comply with these Terms, Fundraise reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

You may discontinue use of the Website and associated services at any time. These Terms will continue to apply to your past use.

Disclaimer and Limitation of Liability

You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Fundraise does not warrant or guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and except for the rights, guarantees and remedies which cannot be excluded, Fundraise does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Fundraise shall undertake general maintenance and upkeep of the Website from time to time. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

If found liable, Fundraise shall only be liable under these Terms for direct losses which are reasonably foreseeable and caused by Fundraise’s uncured material breach of these Terms or Fundraise’s negligence. Fundraise's total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12-month period, ending on the date the circumstances giving rise to Fundraise's liability arose.

In no event shall Fundraise be liable for losses relating to any business of yours or lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, even if Fundraise has been advised of the possibility of such damages. YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

Nothing in these Terms excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.