1) Terms of website use
2) Information about us
Our website is owned and operated by Badisa NPO (011-891), Badisa PBO (930006348) and Children Foundation NPC (“Badisa”, "we", “us”, “our”).
3) Changes to these terms
4) Changes to our website
a) We may update our website from time to time, and may change the content at any time.
b) We may stop publishing our site at any time without notice and will not be responsible for any consequences.
c) The content on our website is provided for general information purposes only and the content may be out of date at any given time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, free from errors or omissions or up-to-date.
5) Accessing our website
(a) General Access to our website is made available free of charge.
(b) Board member or employee access: Access to the board member and employees portal are free, however subject to our portal terms and conditions.
(c) Donations: You may make use of the donation functionality on our website, however take not that processing of your financial details and other Personal Information are subject to our payment gateway provider terms and conditions (PayFast). See clause 12) for further details.
(d) We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis.
(e) We may suspend, withdraw, discontinue or change all or any part of our website (including, but not limited to, the services available) without notice to you. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
(f) You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
(h) Our website is directed to people residing in the Republic of South Africa. We do not represent that content available on or through our site is applicable in other locations. We may limit the availability of our website, or any service described on our website, to any person or geographic at any time. If you choose to access our website from outside the Republic of South Africa, you do so at your own risk and note that we will only process your Personal Information as per our local laws.
6) Rights granted to you
b) Any rights not expressly granted herein are reserved by us.
7) Prohibited uses
You may not use our website or Content:
a) in any way that breaches any applicable local, national or international law or regulation;
b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limiting to harassment of third party service providers);
c) in any way that encourages any illegal activity, including, but not limited to, promoting or facilitating access to, use of and/ or sale of illegal substances, services, information and/ or devices;
d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam);
e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware into our website, or the content used by us or any other users of our website;
f) to access or attempt to access, without authority, interfere with, damage or disrupt any data or part of our website or the equipment or network on which the website is stored; or
g) in any way to facilitate or assist any third party to do any of the above.
You may further not:
h) remove any copyright, trademark or other proprietary notices from any portion of our website or from the services available;
i) reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website or the services (or any part thereof);
j) decompile, reverse engineer or disassemble our website or the services, except as may be permitted by applicable law;
k) cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/ or functionality of any aspect of our website;
l) frame our website or any part thereof;
m) access or use our website or the content through automated means, including through the use of robots, spiders, or offline readers (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
n) transmit content that the user does not own or does not have the right to publish or distribute; or
o) attempt to gain unauthorized access to or impair any aspect of our website or its related systems or networks.
E-mail addresses, names, telephone numbers, physical addresses and/ or fax numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in”/ permission from us to utilise same.
8) Intellectual property rights
a) We are the owner and/ or rightful licensee of all intellectual property rights (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, tables and compilations of data which are created, invented and/ or developed, registered or unregistered) in our website and Content and any subsequent Services.
d) You must not modify the copies of any materials you have printed off or downloaded from our website in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors of content on our website must always be acknowledged.
9) Limitation of our liability
a) WE PROVIDE OUR WEBSITE TO YOU ON AN “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR WEBSITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED. IN ADDITION, WE MAKE NO REPRESENTATION, GUARANTEE OR WARRANTY REGARDING THE TIMELINES, QUALITY, RELIABILITY, SUITABILITY, ACCURACY, CORRECTNESS OR AVAILABILITY OF OUR WEBSITE OR ANY OF OUR SERVICES OR ACTIVITIES OR OTHER INFORMATION, OR THAT PROVIDED BY ANOTHER USER, THROUGH THE USE OF OUR WEBSITE, OR THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT IT IS WITHIN YOUR SOLE DISCRETION TO USE OUR WEBSITE AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR WEBSITE REMAINS SOLELY WITH YOU.
b) WE, OUR MEMBERS, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AUTHORISED SUB-CONTRACTORS AND/ OR CONTRIBUTORS (WHERE APPLICABLE) SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR HOWSOEVER CAUSED ARISING FROM INFORMATION MADE AVAILABLE ON (OR BY MEANS OF) OUR WEBSITE, OTHER USERS THEREON, OR THE ACCESS OR USE OF OUR WEBSITE OR THE OF ANY OF OUR OR ANY THIRD PARTY SERVICES.
d) WE WILL NOT BE LIABLE TO YOU FOR ANY DEFAULT OR DELAY IN THE PERFORMANCE OF OUR SERVICES TO YOU IF AND TO THE EXTENT THAT SUCH DEFAULT OR DELAY IS CAUSED BY ANY ACT OF GOD, OPERATION OF LAW, WAR OR CIVIL DISTURBANCE, LABOUR UNREST, COURT ORDER, OR ANY OTHER CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL, INCLUDING FLUCTUATIONS IN COMMUNICATIONS OR UTILITY SERVICES ("FORCE MAJEURE") AND PROVIDED WE ARE OBVIOUSLY WITHOUT FAULT IN CAUSING SUCH DEFAULT OR DELAY, AND SUCH DEFAULT OR DELAY COULD NOT HAVE BEEN PREVENTED BY THE US THROUGH THE USE OF ALTERNATIVE SOURCES, WORKAROUND PLANS OR OTHER MEANS.
e) DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR SERVICE SPECIFIC TERMS AND CONDITIONS.
a) Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/ or access to our website. However, because of the nature of the internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
b) To provide adequate security to all our users, and to monitor activities prohibited under section 86 of the ECT Act, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications, subject to the conditions as set out under the RIC Act.
c) It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.
11) Linking to our website
b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
c) We reserve the right to withdraw linking permission without notice to you.
12) Content and links in our website
b) Your access and use of the other websites remain solely at your own risk and on the terms set by the relevant third party.
c) Donations (via Payfast):-
d) Social networks: You agree that when accessing, using and/ or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Twitter, Facebook, LinkedIn, Instagram, YouTube or any other facility made available by us from time to time). You will:
e) not use the social network page’s communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
f) not harass others or disclose personal information about others that could amount to harassment;
g) not submit publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
h) not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
I) not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
j) not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
k) not promote any activity that is illegal;
l) not use software to harvest information from the social media network page;
m) not submit any material which is prohibited by any applicable data protection or privacy legislation;
n) only upload or submit material to the social network page which either your own or which you have the permission of the owner of that material to submit; or
Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent by using our Contact Us-page.
13) Breach, suspension and termination
c) All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
e) No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past, or which may arise in future.
14) Applicable law and jurisdiction
15) Electronic communication and contact
a) Any Data Messages sent by us to you shall be deemed to have been sent from the Premises (see clause 2) above).
b) A Data Message is deemed to be sent:
i) By us at the time shown on such message, or if not so shown, at the time shown on our information system; and
ii) By you at the time when we confirm receipt thereof.
c) A Data Message is deemed to be received:
i) By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
ii) By you, once it enters your information system.
e) Attribution of Data Messages - You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
16) Contact us
a) Website functionality or any other recommendations: Send us an email at firstname.lastname@example.org or use the communication facility on our website: Contact Us (click on link).
b) Questions or queries about our social services programmes, adoption and pregnancy services (Magdalena Home), child and youth care centres, early childhood development day care centres, volunteer/ champion programmes, donation facility or related services/ activities: Contact us by way of our Contact Us-page.
c) Complaints: We kindly request that you contact us first should you have any complaints or any other issues. It is important to us that you are satisfied with your enquiry. You may use the contact information as per our Contact Us-page. Please ask for a reference number when you contact us to lodge a compliant. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such complain.
d) Legal Documentation or Notices (hopefully this will never be required):
i) Physical address: Clause 2) above;
ii) Legal enquiry: please use our Contact Us-page. If you have a legal enquiry, we will use the email address supplied by you on our communication facility to respond to your legal question (subject: “LEGAL”);
e) If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet.
f) Any notice to you, or us, which is:
i) sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 2) above, shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was sent;
ii) delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
iii) sent by a Data Message to the addressee shall be deemed to be received as per clause 15) above.
g) Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by email, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
a) Content means any information, content, images, video, audio, data, works of authorship, materials, software or technology which may be displayed on, incorporated into, underlying, or used to operate our website.
b) Data Message shall have the same meaning attributed to it in terms of the ECT Act.
c) ECT Act means the Electronic Communications and Transactions Act, Act 25 of 2002.
d) Personal Information shall have the same meaning attributed to it in terms of the POPI Act.
e) POPI Act means the Protection of Personal Information Act, Act 4 of 2013.
f) RIC Act means the Regulation of Interception of Communication and Provision of Communication- Related Information Act, Act 70 of 2002.
g) Services means the services as reflected on our website and promoted via other sites of ours (if any).
h) Users mean users of our website (including you!).