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Kingdom Donor Website Terms of Use

Legal Information & Notices

Contents
1.Introduction
2.Definitions
3.The Platform
4.Registration and creating a profile
5.Donation
6.Your Information
7.Other parties’ Information
8.Using the Platform
9.Security for the Platform
10.Software and hardware
11.Our Intellectual Property
12.Using and sharing your Personal Information
13.Your responsibility for our loss or damages
14.Disclaimer and limitation of liability
15.Changes or updates to these Terms
16.Changing the Platform or Ending these terms
17.How disagreements or differences will be resolved
18.Where legal documents and notices will be sent
19.Law governing our relationship

1. Introduction

1.1. These Terms apply to you individually and to your use of the Platforms (Kingdom Donor website or Kingdom Donor App).

1.2 Please read these Terms carefully as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. It is your responsibility to determine whether the Platform is suitable and adequate for your needs. You assume all risks associated with your use of the Platform.

1.3 Please pay special attention to the sections that are in bold and italics. These are important clauses which explain what may limit our responsibility or involve some risk for you.

1.4 By ‘accepting’ the Terms when you register on the Platform and by continuing to use the Platform, you agree to these Terms and represent and warrant that (i) you are at least 18 years of age and capable of entering into a legally binding agreement; or (ii) you have your guardian’s consent and agreement to enter into these Terms.

2. Definitions

2.1 Singular words include the plural and plural words include the singular.
Applicable Laws: All national, provincial, local and municipal legislation, regulations, statutes, by-laws, consents and/or other laws of any relevant governmental authority and any other instrument having the force of law as may be issued and in force from time to time relating to or connected with the activities contemplated under these Terms.

Device: The computer, tablet, smartphone or other device you use to access the Platform.

Donation: The amount donated by the donor for the benefit of the selected beneficiary which may be a Non Profit Organisation, Non Profit Company, Public Benefit Organisation.

Donor: Any natural person or institution who register on the platform and make a donation.

Intellectual Property:  All inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with these; copyright, including copyright in logos, devices, designs, multimedia works and computer software programs (in source and object code form), as well as programmers’ or developers’ notes, flow charts and design documents; rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases; confidential information; other intellectual property rights and similar kinds of protection that are registered or can be registered anywhere in the world; and applications for, and rights to apply for, the protection of any of the items on this list.
Intellectual Property Rights: All rights in and to Intellectual Property.

ISP: An internet service provider, which is an entity that provides access to the internet.

Loss: Any direct or indirect loss or damages.

Personal Information: Information about an identifiable, natural person and where applicable, a juristic person, including, but not limited to information about: race, any identifying number, symbol, e-mail, postal or physical address, telephone number; location; any online identifier; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

Platform: The online platform, at www.kingdomdonor.com or Kingdom Donor App that enables donors and beneficiary organisations to register, donate or receive donations.

Profile: The profile you create when you register on the the Platform.

We: Kingdom Donor including all staff, officials and contractor acting on behalf of KPD.
3. The Platform

3.1 You can use the Platform to create a Profile which describes who you are, whether you are a donor or Public Benefit Organisation.

3.2 Donors will be able to see the profiles of registered beneficiaries, and if they choose to do so, to donate to any registered organisation.

3.3 Donor can make donations to the selected beneficiaries by depositing the funds to Kingdom Donor, which will then be transferred to the beneficiaries, subject to payment of a management fee.

3.4 Donor can request donation report and section 18A certificates when donating to a Public Benefit Organisation (PBO) which is also approved to issue section 18A certificates in terms of the Income Tax Act.

3.5 Organisations can register their profiles in order to receive donations from donor via Kingdom Donor App.

3.6 Organisations can request the services of Kingdom Donor in order to facilitate registration on as a PBO with the South African Revenue Services (SARS).

4. Registration and creating a profile

4.1 You can register on the Platform by using your email address and creating a Password. Once you have done this, if you meet the criteria set out below, you can create a Profile.

4.2 In order to create a Profile, you must be over the age of 18, if registering on behalf of an organisation, you must have the necessary authorisation to do so.

4.3 You must also provide us with all the information and documentation that we request, including your name, identity number, address and contact details.

4.4 You must update your Profile every year or anytime if any of the information you have provided in your Profile has changed.
5. Donation

5.1 The platform can be used to donate any amount not below R100.

5.2 Any donation that is paid will be transferred to the beneficiary organisation, 5% of the amount received will be utilised towards the costs of administering the Platform.

5.3 Donors must ensure that the donation amount is correct and that they selected the correct beneficiary as donations cannot be revoked.

5.4 Beneficiary organisations must ensure that funds are utilised for the Public benefit activities and that they comply with all the applicable laws, and account to SARS and all the relevant authorities.

5.5 Registration on the platform does not guarantee you any donation or benefit.

6. Your Information

6.1 Other users of the Platform will be able to see, copy and use the information that is displayed on the Profile of the beneficiary organisations.

6.2 We can remove any information or content that you post or share on the Platform if it goes against these Terms.

6.3 Kingdom Donor may use statistical information from the platform for marketing or other purposes.

6.4 Kingdom Donor administrators will have access to all the information on the platform and will apply the applicable legislation on keeping confidential information.

7. Other parties’ Information

 7.1 You use any content or information belonging to or provided by third parties on the Platform at your own risk.

7.2 We are not responsible for: 7.2.1 any content or information provided by third parties on the Platform or for any Loss that you may suffer because you relied on it; or any content, information, goods or services on a third party’s website that was accessed through a link on the Platform.

8. Using the Platform

8.1 When you use the Platform you must:

    8.1.1 comply with all Applicable Laws;
    8.1.2 only provide accurate and correct information; 
    8.1.3 use the Platform in a professional manner.

8.2 When you use the Platform you must not:

    8.2.1 act dishonestly, unlawfully or unprofessionally;
    8.2.2 use the Platform in an offensive way, including using offensive language;
    8.2.3 create a false identity or misrepresent your identity or any information about you;
    8.2.4 create a Profile for anyone other than yourself;
    8.2.5 use or attempt to use someone else’s profile;
    8.2.6 copy the profiles or information of others through any means;
    8.2.7 use or share information belonging to others unless they have allowed you to do so;
    8.2.8 disclose any information that you do not have the right to disclose;
    8.2.9 introduce any software or data onto the Platform that could negatively affect a                computer system, such as viruses, trojans and other malicious (dangerous) software.

8.3 Standard data costs will be charged by your ISP every time you use the Platform.

9. Security for the Platform

9.1 You must keep your Password secret and safe. It is not safe to keep your Password on a Device.

9.2 You waive any claim you may have against us for any Loss you may suffer if you have not kept your Password safe or if someone else uses your Password or your Device.

9.3 If your Device is lost, stolen or not in your possession, you have lost your Password or you suspect that someone may have unauthorised access to your Password you must immediately use another Device to access the Platform and reset your Password.

10. Software and hardware

10.1 You must use a Device (hardware) and software (programs) suitable for the Platform. If you do not, the Platform may not work properly and this could increase your security risks.

10.2 Kingdom Donor does not guarantee or suggest that the Platform or any file, download or application, whether or not it is made available by a third party, on the Platform is safe to use on any computer. It cannot guarantee that the Platform or such file, download or application does not have software or data that can negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software (Malware). Kingdom Donor will not be liable (responsible) for any Loss that you may suffer because of any Malware on the Platform.

11. Our Intellectual Property

11.1 We and/or our third party licensors (as applicable) own and will continue to own the Intellectual Property Rights in and to the Platform.

11.2 Even if any content on the Platform is not confidential or there are no Intellectual Property Rights in it, we and/or our third party licensors (as applicable) own the content and you have no rights in it.

11.3 We give you a revocable, non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the Platform, which incorporates our and/or our third party licensors’ (as applicable) Intellectual Property, and any updates and/or upgrades to it. You may use the Platform, which incorporates our and/or our third party licensors (as applicable) Intellectual Property, for the purpose set out in these Terms only and for no other purpose.

11.4 The licence to use the Platform and the Intellectual Property in it will start when you sign up for the Platform and will carry on until it is ended in line with these Terms.

11.5 The Platform is licensed to you only. You may not grant any rights of use or any other rights in respect of the Platform, the Intellectual Property Rights in it, or any content on it (including content belonging to third parties) to any other person.

11.6 You may not in any manner exploit the Platform and any Intellectual Property in it for commercial gain of any nature.

11.7 You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the Platform, the Intellectual Property in it, its content, its design, any updates to it, or any proprietary features in or to it, or any parts of it. This prohibition applies to any content belonging to third parties that is found on the Platform.

11.8 When you use the Platform you must not violate anyone else’s Intellectual Property Rights.

11.9 You own all of the content, information and Personal Information that you provide us with, but you grant us a revocable, non-assignable, non-sub-licensable, transferable, non-exclusive licence to use it. This includes your name, identity number and contact details.

12. Using and sharing your Personal Information

12.1 You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources to verify any information you provide us, for compliance purposes, and for the purposes set out below.

12.2 If you give us Personal Information about or on behalf of another person, you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically where Personal Information is Processed by our service providers outside the country where the Platform is provided; and (c) receive any privacy notices on their behalf.

12.3 You consent to us Processing your Personal Information:

    12.3.1 to provide the Platform to you in terms of these Terms;
    12.3.2 to verify any information that you have provided to us, including Personal Information                   on or about another person, so that we can determine whether you qualify for                   funding;
    12.3.3 to carry out statistical and other analyses to identify trends and evaluate and improve                   the Platform (this includes improving existing and developing new products and                   services); and
    12.3.4 by sharing your Personal Information with our third-party service providers, locally                   and in countries outside the country where the Platform is provided. These countries                   may not have the same data protection laws as the country where the Platform is                   provided. Where we can, we will ask the receiving party to agree to our privacy                   policies.

12.4 You consent to us contacting you for research purposes relating to the Platform.

13. Your responsibility for our loss or damages 

13.1 You are responsible for your use of the Platform and anything that happens on or through your Profile.

13.2 You are liable (responsible) for any Loss that we may suffer because:

    13.2.1. you breach any of these Terms;
    13.2.2. of any claims against us relating to you using (i) the Platform; or (ii) any Intellectual                   Property Rights in the Platform; in an unauthorised way or for any illegal purpose.

14. Disclaimer and limitation of liability (limits our responsibility to you) 

14.1 Information on the Platform is provided "as is" and we will not be responsible for any Loss that may follow if you rely on it.

14.2 We are not responsible for any Loss related to your use of the Platform, for any reason, even if we were told that Loss was possible. We are not responsible for any Loss caused by:

    14.2.1 someone finding out your Password;
    14.2.2 any technical or other problems (interruption, malfunction, downtime or other failures)                   which affect the Platform or your access to the Platform;
    14.2.3 any Personal Information or other information being lost or damaged because of                   technical problems, power failures, unlawful acts (such as data theft), a harmful                   computer program or virus, or your own negligence (lack of care);
    14.2.4 any failure or problem affecting goods or services provided by any other party, for                   example, a telecommunication service provider (such as Telkom), mobile network                   operator, ISP, electricity supplier (such as Eskom), or a local or other authority; or
    14.2.5 any event that we have no control over.

15. Changes or updates to these Terms
We may change or update these Terms or to the Platform from time to time. The latest version of the Terms will apply to you each time you use the Platform.

16. Changing the Platform or Ending these terms

16.1 We may change or discontinue the Platform or any of the services offered by the Platform. If we do, we will not store or keep showing any information or content that you provided us with.

16.2 We are not obliged to store, maintain or provide you with a copy of any content or information that you or a third party has provided us with.

16.3 We may limit your use of the Platform, stop you using the Platform or end our relationship with you at any time, and for any reason, including if we: 16.3.1believe or suspect you are using the Platform wrongly or unlawfully (illegally); or

    16.3.2 that you have breached these Terms; or
    16.3.3 must do this for legal reasons.

16.4 Termination for any reason will result in the cancellation of your access to and your use of the Platform and the Intellectual Property in it, and you must immediately stop all use of the Platform and the Intellectual Property in it.

17. How disagreements or differences will be resolved

17.1 If you have a complaint about your use of the Platform or these Terms, please contact the Contact Centre. If you are not happy with the way the complaint is settled once you have done this you can approach any South African court of law that has jurisdiction (authority in this area).

18. Where legal documents and notices will be sent

We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):

173 Roan Crescent
Midrand Corporate Park North
Midrand

19. Law governing our relationship

South African law will govern these Terms.