Terms & Conditions

By visiting the Loving Thy Neighbour website you agree to Terms and Conditions as set out below. If you do not agree to the Terms, please do not access the website, and/or participate in any of services provided for.

The Services that Loving Thy Neighbour provides are always evolving and the form and nature of the Services that Loving Thy Neighbour provides may change from time to time without prior notice to you. In addition, Loving Thy Neighbour may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.

Organisations are listed on the Website at Loving Thy Neighbour's discretion, however we cannot accept responsibility for the activities of the Organisations. The Non-Profit Organisation and/or Public Benefit Organisation must have the appropriate authorisation, to operate as a charity, as required by the applicable laws.

Use of your donation

Loving Thy Neighbour does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Organisations 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 the recipient Cause. After donations are made, all further dealings are solely between the donor and such recipient organisation.

Please note that recipient organisations reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. Loving Thy Neighbour cannot guarantee that funds will be allocated for a particular project.

Transaction Fees and Costs

Loving Thy Neighbour provides all its services for free. We are in our own right a charitable organisation that is dependent on support to sustain our work. We have a donations facilitation service provider that has agreed to provide their services at the minimum bank interbank transactional charges to collect and distribute the funds as requested. Other donation facilitators charge between 10% and 25% of the donation for their services.

Privacy

We adhere to all required Privacy laws, as may be applicable for transactional donations as well as the handling of personal and private information. The Website also has the required Security Certification.

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.

In particular, but not exclusively:

You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content, including photographs, on to the Website or its associated services. Loving Thy Neighbour 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, libellous, misleading or deceptive. If you notice any such content, please contact us.

If you create content on Loving Thy Neighbour, 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, in particular the photograph or video, is not copyright-protected. If it is, you must obtain the copyright owner's written consent to use it. Loving Thy Neighbour reserves the right to remove any pictures, photographs or copy from personal Shares or Loving Thy Neighbour Projects 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 contact us .

Loving Thy Neighbour reserves the right to cancel your membership and delete any page, post or related content without notice in the event of a breach of the above rules.

Posting content in aid of your Organisation and projects in no way implies Loving Thy Neighbour's endorsement of your content. Loving Thy Neighbour reserves the right, at its absolute discretion and without notice, to remove any shared content.

Copyright

All content on the Website and its associated services is owned by Loving Thy Neighbour, our member charities, Loving Thy Neighbour Projects 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. No other use of the Website's and its associated services' content is permitted without the express prior permission of Loving Thy Neighbour, and, where applicable, the copyright holder. For enquiries and permission requests please contact us .

Changes to the service

Loving Thy Neighbour will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service Loving Thy Neighbour 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 of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

Loving Thy Neighbour does not, and nothing in these Terms of Service shall act to, exclude or limit Loving Thy Neighbour's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. 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. Loving Thy Neighbour does not 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 of Service and except for the rights, guarantees and remedies which cannot be excluded, Loving Thy Neighbour does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Loving Thy Neighbour shall undertake general maintenance and upkeep of the Website, at the times set out in the applicable country specific terms, 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.

Loving Thy Neighbour's liability to you shall not include losses relating to any business of yours or your own losses such as 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.

Loving Thy Neighbour may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.

Nothing in these Terms and Conditions 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.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law, and subject to the jurisdiction of the courts.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

Charity Terms & Conditions

Registering to use the service as a Charity

  1. You must be registered as a Non-Profit Organisation and/or a Public benefit Organisation.

  2. You agree that we must carry out the necessary checks to verify the identity of you and your Charity.

Payments

  1. We will pay out donations to you on a weekly basis.

  2. Payments will be made to you in the bank account you added when you completed your registration. Any changes to bank account details will trigger renewed verification from us before paying out.

  3. As we only serve as an intermediary, we do not offer refunds to donors. If a donor makes a payment in error any refund requests will be passed on directly to the Organisation and Loving Thy Neighbour will not get involved in any way.

  4. Payments to charities are facilitated by SureTransact when registering as a charity you agree that we may share information about your charity with SureTransact in order to facilitate payments to you. You agree to the SureTransact terms which can be found here: http://suretransact.co.za/terms

Organisation Terms & Conditions

These Organisation terms are between us, Loving Thy Neighbour whose registered office is at Southdowns Ridge Office Park, C/O John Vorster & Nellmapius, Irene, Centurion, Pretoria, and you, the Organisation who is signing up to use our Platform. Please read these Terms carefully, if you do not wish to be bound by these Terms, please do not sign up or try to access the Platform.

Definitions and Interpretation

Words shall have the meanings given to them in these Terms, including without limitation as follows:

Business Day
Means a day (other than a Saturday or Sunday or public holiday). Or defined as processing days in the banking environment.

Confidential Information
Means any and all confidential, technical or other information (whether in oral, written or electronic form) given in confidence or disclosed by one party to the other or otherwise obtained by one party relating to the other’s Organisation, finance or technology, know-how, intellectual property, assets, strategy, products and customers, including without limitation information relating to manufacturing or other processes, management, financial, marketing, technical and other arrangements or operations of any Associate, person, firm, or organisation associated with that party.

Force Majeure
Means an event or sequence of events beyond a party’s reasonable control (which could not reasonably have been anticipated and avoided by a party) preventing or delaying it from performing its obligations hereunder, including without limitation war, revolution, terrorism, riot or civil commotion, or precautions against any such; strikes, lock outs or other industrial action, whether of the affected party’s own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; explosion, fire, corrosion, flood, natural disaster, or adverse weather conditions. Force Majeure does not include, without limitation, inability to pay, mechanical difficulties, shortage or increase of price of raw materials, over-commitment or market or other circumstances which may make these terms unattractive to a party.

Intellectual Property Rights

Means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:

  1. Whether registered or not.

  2. Including any applications to protect or register such rights.

  3. Including all renewals and extensions of such rights or applications.

  4. Whether vested, contingent or future.

  5. Wherever existing.

Interpretation

In these Terms, unless the context otherwise requires:

  1. The singular includes the plural and vice versa.

  2. References to subclauses, clauses, (if any) are to subclauses, clauses, of these Terms.

  3. References to persons include individuals, trusts, partnerships, unincorporated bodies, government entities, companies and/or corporations (in each case whether or not having separate legal personality).

  4. 'Including’ (or similar words) means including without limitation.

  5. Clause headings do not affect their interpretation.

  6. Clause headings do not affect their interpretation.

  7. References to legislation (including any subsidiary legislation) include any modification or re-enactment thereof.

Duration

Our agreement under these Terms shall continue from the date upon which you create your account and shall continue until terminated in accordance with clause 17.

Platform

Our agreement under these Terms shall continue from the date upon which you create your account and shall continue until terminated in accordance with clause 17.

  1. We agree to provide to you access to the Platform in accordance with these Terms.

  2. The Platform shall include updates, upgrades, or new versions.

Grant of Licence

We grant to you a licence to use the Platform subject to the following licence conditions:

  1. Exclusivity: the licence is non-exclusive.

  2. Transferability: the licence is non-transferrable and cannot be sublicensed.

  3. Purpose: the Platform may only be used in connection with your own Organisation purposes.

Supply Obligations

  1. We shall provide access to the Platform and reasonable assistance during the process of completing your profile.

  2. Unless otherwise agreed, we are not responsible for physical installation of the Platform and any updates, upgrades, new releases or new versions subsequently received (if any) on your equipment.

Setting up and Use of the Platform

  1. When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. The same applies if you sign up via a third party service (e.g. facebook or twitter). If you become aware of any unauthorised use of your password, we recommend that you contact us immediately.

  2. Once your account is created on the Platform you will be given access to a dashboard where you can create your own projects users and user permissions.

  3. In agreeing to these Terms you accept the following:

    • You agree to news of your Organisation being shared across different social media platforms.
    • You will invite your employees to your profile and encourage them to utilise the Platform as a donation and fundraising tool.
    • You shall not use the Platform contrary to any restriction stated in these Terms, or otherwise in a way that is not expressly permitted by these Terms.

Limits on liability

  1. You agree that your use of the Platform is on an "as is" and "as available" basis and that your use of the Platform is at your sole risk. We do not guarantee continuous uninterrupted or secure access to our Platform and operation of the infrastructure may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms, we do not provide conditions, warranties or other terms in relation to the Platform, to the extent permissible by law. We shall undertake general maintenance and upkeep of the Platform from time to time. During these periods, the Platform may not be available for use.

  2. Subject to exceptions listed above, in no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Platform, including (but not limited to) loss of profits, exemplary or special damages, 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, or for any indirect, consequential or special loss, however arising. The parties agree that the limitations on liability in these Terms are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks under these Terms.

Intellectual Property Rights

  1. Except for our licence right to use the Platform as expressly granted above, you shall not acquire in any way, any title, rights of ownership, or Intellectual Property Rights of whatever nature in the Platform or in any copies of it and no Intellectual Property Rights of either party are transferred or licensed as a result of these Terms.

  2. You acknowledge and understand that the Platform contains confidential and proprietary information and it shall not conceal, modify, remove, destroy or alter in any way any proprietary markings of ours on or in the Platform or any related materials and documentation.

Termination

  1. Either party may, without prejudice to its other rights and remedies, terminate our agreement by providing notice in writing to the other party at any time.

  2. You can apply to restart the use of the Platform at any time by writing to us.

Notices

Notices may be given, and will be deemed received if correctly addressed:

  • By hand: on delivery.

  • By fax: on receipt of a successful transmission report from the correct number.

  • By e-mail: on receipt of a read return mail from the correct address within 24 hours from delivery if no notice of delivery failure is received.