Terms and Conditions
Before continuing to make use of the www.funding.good-food-network.com (“Site”), please read our user agreement below.
These Terms and Conditions are the general terms of the relationship between Funding For The Food System and the User. Your use of our Site and online crowdfunding platform as well as your potential use of our Services, indicates your acceptance of our Terms and Conditions, which we will accept that you have read, understood and accept as binding on you, the User.
The Site is owned and operated by Imagine Eden (ltd) Pty Limited currently trading as Good Food Network.
TERMS AND CONDITIONS
1.1. “Affiliate” means, with regard to either Party, any Legal Entity which that Party Controls, which Controls that Party, or which is under common Control with that Party;
1.2. “Campaign Account” means a website registered by a User and hosted on the Funding For The Food System platform for the purpose of marketing a campaign and raising funds for education by means of the Platform Services;
1.3. “Donor” means a User who gives money to an organisation registered on this Site by using the payment partner integrated into the specific registered Campaign Account;
1.4. “Legal Entity” means a natural person, company, or organization that has legal rights and obligations;
1.5. “Parties” means FFTFS and User collectively and “Party” means either one of them individually, as the context requires;
1.6. “Personnel” means any director, employee, agent, consultant, contractor or other representative of the Parties;
1.7. “Platform Services” means the hosting services provided or made available from time to time by FFTFS to User and Donor through the mechanism of the Funding For The Food System Platform;
1.8. Funding For the Food System, now referred to as “FFTFS” means Imagine Eden (pty) Ltd. (Registration Number: 2015 / 138967 / 07) trading as Good Food Network;
1.9. “FFTFS IP” means any and all intellectual property that FFTFS has created, acquired or otherwise has rights in and may, in connection with the performance of FFTFS’s obligations under these Terms and Conditions, employ, provide, modify, create or otherwise acquire rights in and includes all concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, function, process, system and data models, templates, the generalised features of the structure, sequence and organisation of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems;
1.10. “Third-Party Contractor” means, in respect of any Platform Services, the contractor, supplier, vendor or licensor (as the case may be) of the Platform Services which is not a party to these Terms and Conditions;
1.11. “User Data” means User’s data (including personal information about an identifiable individual) –
1.11.1. provided to FFTFS either by User or by any third party on User’s behalf; or
1.11.2. data specific to the Platform Services which FFTFS generates, processes, or supplies to User in the performance of the Platform Services, but excludes any aggregated, anonymised data that is created by FFTFS for its own internal purposes or data which is proprietary or confidential to FFTFS or FFTFSs’s other Users or Third-Party Contractors;
1.12. “User Material” means all materials provided or made available by or on behalf of User to FFTFS for purposes of these Terms and Conditions and includes User Data;
1.13. “User” means each user of this Site, which includes but is not limited to browsing users, Donors, organisations, members of charities, non-profit organisations and schools, as the context requires;
1.14. “Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents and fax transmissions, but excludes information or data in electronic form and “Written” and “Write” shall have a corresponding meaning.
2.1. FFTFS is in the business of assisting and marketing online fundraising campaigns aimed at raising funds for education and provides its crowdfunding platform as a hosting mechanism for Campaign Accounts.
2.2. FFTFS offers the User the option to create online fundraising campaigns by means of the FFTFS platform as an innovative marketing and funding channel regenerative, independent, fair, and chemical-free food system campaigns (“Campaign Accounts”), which will be accessible by Donors via the FFTFS platform and provide an effective electronic donation tool for Donors.
2.3. Campaign Accounts can only be registered for organisations and projects that are aligned with principles of food system reform collecting monetary donations via the FFTFS platform. Donations in-kind or donations for reward are not permitted to be marketed on any Campaign Account.
2.4. The registration of Campaign Accounts are User specific and cannot be ceded or assigned to an alternate organisations post registration.
2.6. Users are responsible for all activity on the Campaign Account and for ensuring the confidentiality of User’s password and User indemnifies and holds FFTFS harmless from any claim for damages for any unauthorised use of the Campaign Account.
2.7. If User becomes aware of any unpermitted use of User’s Campaign Account it must notify FFTFS of such unauthorised use immediately.
2.8. FFTFS provides no guarantee, whether express or tacit, that a campaign will be successful as a result of the use of the FFTFS crowdfunding Platform Services.
2.9. We reserve the right to terminate User access and Campaign Account’s effective immediately upon failure to comply with any of the terms of these Terms and Conditions.
3. USE OF THE SITE AND PLATFORM SERVICES
3.1. Users and Donors have browsing access to the Site.
3.2. Upon registration by an organisation of a Campaign Account a User will have access to the Platform Services, which includes developing and integrating a separate website page into the FFTFS platform which is organisation specific and which markets a particular campaign designed by User.
3.3. User understands that FFTFS is a hosting platform and that any donation made by a Donor to a Campaign Account creates an entirely separate agreement between the User and the Donor (“the Agreement”) to which Agreement FFTFS is expressly excluded as a contracting party.
3.4. User warrants to FFTFS that any Agreement between User and Donor on the Campaign Account will be on the following basic terms:
3.4.1. User will conduct any and all campaigns with the utmost degree of care;
3.4.2. When a project is successfully funded User must apply the whole of the donation funds to the purpose advertised;
3.4.4. User will ensure that Donor is made aware of any policies regarding refunds of donations;
3.4.5. User will be liable and subject to legal action in User’s capacity for breach by User of the terms of the Agreement between User and Donor;
3.4.6. FFTFS is simply a hosting platform and as such is not responsible for the fulfilment of any Agreements made between User and Donor or any other third-party; and
3.5. FFTFS charges its fees before putting funds into a User’s account. FFTFS (including any payment partners) will subtract fees and banking charges before transmitting the proceeds of a campaign.
3.6. The Site may contain links to other websites (which we do not necessarily endorse). When User or Donor accesses these websites, they do so at their own risk.
4. USER OBLIGATIONS
To enable FFTFS to provide the Platform Services, User agrees to provide ongoing assistance, liaison, input, support and full co-operation and shall, to the extent necessary and required by FFTFS and at User’s cost
4.1. notify FFTFS as soon as reasonably possible of any issues, concerns or disputes which may arise from time to time;
4.2. be responsible for the accuracy and completeness of all User Material;
4.3. comply with all reasonable policies, procedures and instructions of FFTFS in relation to the provision of the Platform Services, as provided by FFTFS from time to time;
4.4. provide Donor with access to these Terms and Conditions and ensure that Donor accepts the Disclaimer against liability of FFTFS to Donor in clause 13 prior to Donor entering into an Agreement with User; and
5. USER WARRANTIES
5.1. User warrants that—
5.1.1. it has not been induced to accept these Terms and Conditions by any prior representations, warranties or guarantees (whether oral or in writing), except as expressly contained in these Terms and Conditions;
5.1.2. by making use of the Platform Services User is not acting in breach of any other agreement to which User is a party;
5.1.3. the use of User Material on the FFTFS platform does not and will not infringe the intellectual property rights of any other person;
5.1.4. it will not disseminate any personal and private information obtained as a result of the use of the Platform Services and will ensure that its Campaign Account complies with any respective obligations under applicable privacy and protection of personal information laws (including but not limited to the Protection of Personal Information Act);
5.1.5. it will not interfere or engage in any activity which interferes with the proper working of the Site or Platform Services provided by FFTFS;
5.1.6. it will not bypass or circumvent any security measures that FFTFS has put into place to restrict access to certain sections of the Site;
5.1.7. it will not attempt to obtain personal information of FFTFS or its Users and/or Donors;
5.1.8. it will take commercially reasonable measures to ensure that no malicious software is introduced into Users’ or FFTFS’s systems by its Personnel or any third-party.
5.1.9. it will not attempt to gain unauthorised access to any data, password, or any other restricted information which belongs to FFTFS, its affiliates, or any user and/or Donor of its Site; and
5.1.10. it will not engage in any activity, whether direct or indirect, which places strain on FFTFS’s infrastructure.
5.2. User warrants further that it will not post:
5.2.1. content that is harmful to others or may cause reputational harm (including: discriminatory comments, comments which are inappropriate or profane, child pornography, comments which constitute hate speech or content that is designed to abuse, stalk, harass or physically threaten other people);
5.2.2. content that violates any intellectual property laws, including content that is protected by a copyright or patent;
5.2.3. content that is misleading, false, or intentionally inaccurate;
5.2.4. information that is fraudulent in nature;
5.2.5. banking details of a beneficiary or campaign creator on a campaign page, charity profile page, or anywhere on the FFTFS Site;
5.2.6. content that is illegal, and violates any domestic or international law or content which breaches a legal duty that User owes to other people;
5.2.7. content which is designed as spam or any other unsolicited mass mailing activity that is distributed without the consent of the recipients;
5.2.8. campaign content that contains the offer of any contest, competition giveaway, sweepstakes, offering monetary or other rewards for donations;
5.2.9. annuities, investments, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
5.2.10. credit repair or debt settlement services; or
5.2.11. details of a pending or current legal case which contain content that may be defamatory to the complainant or defendant.
The User hereby indemnifies and holds FFTFS harmless from any claim for damages by any third party as a result of the breach of any of the warranties contained in this clause 5.
6. USER MATERIAL AND USER DATA
Ownership in all User Material whether under its control or not, shall continue to vest in User and FFTFS shall not obtain any proprietary rights in User Material. User grants to FFTFS (and FFTFS’s Third-Party Contractors as necessary) a perpetual, non-exclusive, royalty-free licence to use, reproduce and modify any User Material strictly for the purposes of providing Platform Services or as otherwise directed by User if and when necessary.
6.1. Privacy and protection of personal information:
184.108.40.206. FFTFS and User are each responsible for complying with their respective obligations under applicable privacy and protection of personal information laws governing User Data.
220.127.116.11. User remains solely responsible (i) for determining the purposes and means of FFTFS’s processing of User Data (including that processing will not place User or FFTFS in breach of any applicable privacy and protection of personal information laws) and (ii) for ensuring that all information protection principles which establish minimum requirements for the processing of personal information under applicable privacy and protection of personal information laws and all the measures that give effect to such principles are complied with.
6.1.2. Restricted use:
18.104.22.168. User Data in the possession of FFTFS, or to which FFTFS may have access during the currency of the Platform Services, may not be used, accessed or processed by FFTFS, its Personnel or Third-Party Contractors for any purposes whatsoever other than as may be specifically required to enable FFTFS to comply with its obligations in terms of the Platform Services.
6.1.3. Security measures:
22.214.171.124. FFTFS undertakes that, to the extent that it processes personal information for User, it shall establish and maintain appropriate, reasonable technical and organisational measures to prevent—
126.96.36.199. loss of, damage to or unauthorised destruction of such personal information; and
188.8.131.52. unlawful access to or processing of such personal information.
6.1.4. In order to give effect to clause 6.1.3, FFTFS agrees to take reasonable measures to—
184.108.40.206. identify all reasonably foreseeable internal and external risks to the personal information in its possession or under its control;
220.127.116.11. establish and maintain appropriate safeguards against the risks identified;
18.104.22.168. regularly verify that the safeguards are effectively implemented; and
22.214.171.124. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
6.1.5. On either Party’s reasonable written request, the other Party will provide the requesting Party with the information that it has regarding User Data and its processing that is necessary to enable the requesting Party to comply with its obligations under this clause 6 and any applicable privacy, protection of personal information and access to information laws. The requesting Party will reimburse the other Party for its reasonable charges for such assistance.
6.2. Both Parties shall take reasonable precautions (having regard to the nature of their obligations under these Terms and Conditions) to preserve the integrity of User Data and to prevent any unauthorised access, corruption or loss of User Data.
6.3. On termination of any Platform Services and Campaign Account, each Party shall return to the other Party in the form in which it was received all of the other Party’s data or information provided to the Party for the purpose of the performance of the relevant Platform Services.
7.1. Setting up a campaign on FFTFS has a once off admin fee of R500.00.
7.2. FFTFS charges a handling fee of 5 (five) percent for every donation made using the FFTFS Site.
7.3. Our payment partners (including but not limited to Payfast) collect additional fees allocated to their specific services and User organisations are liable in their capacity and at their expense to:
7.3.1. pay any additional fees or taxes associated with User organisations’ use of the payment partner services.
7.3. Each payment provider is its own Legal Entity, and FFTFS is not responsible for its performance.
7.4. User must not assume that funds will be immediately available for collection and agrees not to take any action in reliance on collecting any donations until the money is put into the User’s account.
7.5. FFTFS reserves the right escalate fees in its sole and absolute discretion and will notify Users in advance of the intended escalation in fees and the date upon which such escalation will come into effect (provided that FFTFS may not escalate fees in excess of 5 (five) percent during the course of each financial year).
8. INTELLECTUAL PROPERTY
8.5. All right, title and ownership of any code, forms, algorithms, methodologies, frameworks or materials developed by or for FFTFS or User independently and outside of these Terms and Conditions and provided during the course of these Terms and Conditions (“Existing Material”) shall remain the sole property of the Party providing the Existing Material.
8.6. FFTFS has created, acquired or otherwise obtained rights in the FFTFS IP and, notwithstanding anything contained in these Terms and Conditions, as between the Parties FFTFS will own all right, title and interest, including all rights under all copyright, patent and other intellectual property laws, in and to the FFTFS IP.
8.7. To the extent that FFTFS utilises any FFTFS IP in connection with FFTFS’s Platform Services, the FFTFS IP shall remain the property of FFTFS and User shall acquire no right or interest therein, provided that, to the extent that any FFTFS IP is incorporated in the Campaign Account, FFTFS grants to User a personal, non-exclusive licence to use such FFTFS IP strictly in connection with such Campaign Account.
8.8. Unless otherwise agreed to in Writing, with respect to any development, adaptation, enhancement, modification, adjustment or other change to any FFTFS IP which may be developed by FFTFS (“Derivative Works”), FFTFS shall be the owner of all such Derivative Works.
9. VARIATION AND DISCLAIMER
9.1. FFTFS may, in its sole discretion, change this agreement or any part thereof at any time without notice or liability.
9.2. the revised agreement will be posted on the Site and it is User’s obligation to ensure that User is aware of and up to date with any amendments or variations to these Terms and Conditions and FFTFS will not be liable for any omission or failure by User to comply with this clause 9.
10. EFFECT OF TERMINATION
10.1 On termination of the Platform Services and Campaign Account for any reason, all amounts due to FFTFS for services rendered prior to termination shall become due and payable. The amounts may not be withheld for any reason, unless a court of law directs otherwise.
10.2 On termination, cancellation or expiry of any Platform Services and Campaign Account—
10.3 the provision of all Platform Services under these Terms and Conditions shall forthwith cease and FFTFS shall terminate the Campaign Account immediately; and
10.4 each Party will deliver to the other Party, or at the other Party’s option destroy (and procure the delivery or destruction by Third-Party Contractors of) all originals and copies of confidential information and proprietary materials in its or their possession or under its or their control.
10.5 The expiry or termination of the Platform Services shall not affect the enforceability of the terms which are intended to operate after such expiry or termination.
11. DISPUTE RESOLUTION
11.1. The Parties shall try, in good faith, to solve amicably, and by mutual agreement, any dispute which may arise between them with respect to these Terms and Conditions in any way they deem appropriate.
11.2. Should the Parties be unable to agree on whether a dispute is technical or not within 5 (five) Business Days, or if they are unable to resolve a dispute despite their good faith efforts, then the dispute will be finally resolved in accordance with the Rules of the Arbitration Foundation of South Africa (“AFSA”), by an arbitrator or arbitrators appointed by it.
11.3. Either Party may demand that a dispute be referred to arbitration by giving Written notice to that effect to the other Party.
11.4. Nothing in the Agreement shall preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction.
11.5. The arbitration referred to in clause 11.2 shall be held –
11.6. at Johannesburg in the English language; and
11.7. immediately and with a view to its being completed within 21 (twenty-one) calendar days after it is demanded.
11.8. The Parties irrevocably agree that the submission of any dispute to arbitration is subject to the Parties’ rights of appeal. Either Party may appeal the arbitration ruling by giving Written notice to the other Party to the arbitration within 20 (twenty) calendar days of the ruling being handed down. The appeal shall be dealt with in accordance with the rules of AFSA by a panel of 3 (three) arbitrators appointed by AFSA.
11.8. The Parties irrevocably agree that on expiry of the 20 (twenty) calendar day period for appeal or the handing down of the ruling of the appeal panel, as the case may be, as contemplated in clause 11.6, the decision in arbitration proceedings –
11.9.1. shall be final and binding on the Parties;
11.9.2. shall be carried into effect; and
11.9.3. may be made an order of any court of competent jurisdiction.
11.10. The costs of any reference to arbitration will be borne by the unsuccessful Party, unless otherwise determined by the Parties or the arbitrator, irrespective of which Party referred the dispute to arbitration.
11.10. This clause 11 is severable from the rest of these Terms and Conditions and shall remain valid and binding on the Parties notwithstanding any termination of any Platform Services.
11.11 FFTFS retains the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.
12. ASSIGNMENT AND SUBCONTRACTING
12.1. It is expressly recorded that FFTFS shall be entitled to cede and assign all rights and obligations under these Terms and Conditions to an Affiliate without the prior written consent of User, provided that FFTFS shall notify User within a reasonable time of the event occurring.
12.2. FFTFS may sub-contract or delegate its obligations under these Terms and Conditions to Third-Party Contractors, provided that FFTFS shall remain liable for performance of such Third-Party Contractors. FFTFS shall not be required to disclose the terms (including payment terms) of any sub-contract entered into with respect to FFTFS’s obligations under these Terms and Conditions.
13. NO LIABILITY TO DONOR
Donor hereby indemnifies and holds FFTFS harmless from any claim for damages, breach or otherwise, whether direct or indirect, which it may suffer as a result of breach of any Agreement between Donor and User and Donor warrants by acceptance of this disclaimer that no agreement has been created between FFTFS and Donor and accepts that User has indemnified FFTFS against any claim which Donor may have against User in relation to the use of the Campaign Account and FFTFS Site. In particular Donor accepts that:
13.1. use of a Campaign Account, which includes donating to a campaign, to which Donor’s are provided access via this Site does not, by virtue of the use of the Site, create any agreement or any obligations between FFTFS and Donor;
13.2. a Campaign Account which is established by a User/organisation invites potential Donor’s to donate. Upon donation the User’s offer is accepted by the Donor which creates a binding contractual obligation between Donor and User;
13.3. it is User’s responsibility to ensure that the terms of the Agreement between User and Donor are provided on the Campaign Account and User is liable to Donor for the fulfilment of the Agreement; and
13.4. donations are made online via payment partners which are registered by User and integrated into the User Campaign Account’s by means of the platform. When Donor donates, Donor agrees to the associated partners terms of service which the User is obligated to make available to you on the Campaign Account.
13.5. FFTFS does not:
13.6.1 verify the identity of the organisations on the Site or whether organisations are using the monies received for a legitimate purpose – this is the responsibility of Donor;
13.6.2. independently verify whether the organisations hosted on the Site have section 18A status in terms of the Income Tax Act, 1962. This is something that Donors’ are responsible for checking with the organisation prior to donating. As such, FFTFS does not guarantee that donations to organisations will be tax deductible;
13.6.3. become involved in disputes between User and Donor, or between User and any third-party relating to the use of the Site. FFTFS will, however, investigate Campaign Accounts or organisations should it receive 2 (two) or more complaints in Writing about the charity or organisation; or
13.6.4. endorse any content that User submits to the Site.
13.7. Donor is obligated to ensure that it is aware of and understands these Terms and Conditions and that Donor understands and accepts these Terms and Conditions, to the extent that they are applicable to the Donor, prior to making a donation to a User organisation.
14.1. These Terms and Conditions constitute the entire agreement between the User and FFTFS in respect of the subject matter of these Terms and Conditions.
14.2. No granting of time or forbearance shall be, or be deemed to be, a waiver of any term of these Terms and Conditions and no waiver of any breach shall operate as a waiver of any continuing or subsequent breach.
14.3. If the whole or any part of a term of these Terms and Conditions is void or voidable by either Party or unenforceable or illegal, the whole or that part (as the case may be) of that term, shall be severed, and the remainder of these Terms and Conditions shall have full force and effect, provided the severance does not alter the nature of these Terms and Conditions between the Parties.
14.4. These Terms and Conditions shall be governed and construed according to the laws of the Republic of South Africa and User agrees to submit to the exclusive jurisdiction of the South African courts.
14.5. Neither Party will make or issue any formal or informal announcement or statement to the press in connection with these Terms and Conditions, without the prior written consent of the other Party.
14.6. No proposal by User to vary, amend or cancel any of the terms in these Terms and Conditions will be of any force or effect unless recorded in Writing and signed by an authorised signatory of both User and FFTFS.
14.7. User hereby consents to the use by FFTFS of User’s name and a general description of the Platform Services provided by FFTFS under these Terms and Conditions in any proposals, marketing material or other similar documents which FFTFS may issue or submit from time to time.