Terms and Conditions

  1. Terms and Conditions of Use
    1. Thank you for using (fundsgateway.org). These terms of service (“Terms”) cover your use and access to the services, software, platform and websites (collectively “Services”) provided by fundsgateway.org and any of our affiliates (collectively “Fundsgateway.org”).
    2. By using our Services, you agree to be bound by these Terms as well as our Privacy Policy, which Terms and Privacy Policy may be amended from time to time.
    3. If you are using our Services as the employee or agent of an organisation, you are agreeing to these Terms on behalf of that organization.
    4. By using this website you confirm that you are eighteen years or older and therefore able to contract with Fundsgateway.org.
    5. By using this site you agree and acknowledge that by using the Service you are accepting a benefit that cannot be discharged or transferred to or by a third party.
    6. These terms and conditions become effective when you access the Site for the first time and constitute a binding agreement between Fundsgateway.org and the User. The current terms and conditions will govern our respective rights and obligations each time you access this site.
    7. Your continued use of the Services and Site will signify your acceptance of the changes. If you do not accept the changes your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site and you should always review them prior to using the Site.
  2. Definitions
    1. The words “User”, “you” and “your” refer to the individual or entity that creates an account as a Campaign Supporter or Campaign Creator.
    2. The words “we”, “us” and “our” refers to Fundsgateway.org.
  3. OVERVIEW AND ELECTRONIC COMMUNICATION
    1. All information on our website is intended as general information about the products and services as displayed on the website.
    2. Fundsgateway.org is an online community crowd funding platform and acts as a venue to allow who comply with our policies to raise funds for charity or to get projects started.
    3. Fundsgateway.org allows individuals groups and organisations (“Campaign Creators”) to list projects and campaigns and raise funds through experiences, donations and/or services (“Rewards”) to new and existing Fundsgateway.org members (“Campaign Supporters”).
    4. Fundsgateway.org is not involved in the transaction between Campaign Creators and Campaign Supporters.
    5. Fundsgateway.org has no control over the quality, safety, morality or legality of any aspect of Campaigns or Rewards listed, the truth or accuracy of the listing or the ability of the Campaign Creators to complete the Campaign or Rewards, or the ability of the Campaign supporters to actually pay promised monies. Fundsgateway.org cannot ensure that Campaign Creators or Campaign Supporters will actually complete a transaction. Consequently Fundsgateway.org does not transfer legal ownership of Rewards from the Campaign Supporter to the Campaign Creators.
    6. Fundsgateway.org cannot guarantee the true identity, age, or nationality of the member. We recommend that you check the member’s bio and history on the Site for background information and for your own research before providing funds.
    7. Fundsgateway.org is not responsible or liable for any content, such as data, text, information, graphics, images, photographs, profiles, audio, video, items and links posted by you or other members, or outside parties on Fundsgateway.org. You agree that you use this Site at your own risk.
    8. When you visit the Site or send emails, you are communicating with us electronically. You therefore consent to receive communication from us electronically. We will communicate with you by e-mail or posting notices on the Site.
    9. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
    10. You agree to provide us with, and maintain in your account profile with us, your current and active email address as well as current physical address.
  4. CAMPAIGNS
    1. Campaign Creators are wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create.
    2. Fundsgateway.org does not oversee the performance or punctuality of Campaigns.
    3. Fundsgateway.org reserves the right to remove a Campaign listing from public listings for any reason.
    4. Fundsgateway.org is not responsible for any damage or loss incurred as a result of any dealings on the Fundsgateway.org platform and is under no obligation to become involved in disputes between Campaign Supporters and Campaign Creators, or between site members and any third party.
    5. In the event of a dispute, you agree that you release Fundsgateway.org employees, partners, successors in rights from claims, damages and demands of every kind, known or unknown, suspected or not, disclosed or not, arising out of or in any way related to such disputes and Fundsgateway.org Services.
  5. CAMPAIGN REWARDS AND AFTER SALES
    1. by listing Campaign Rewards on the Site you warrant that you and all aspects of the Reward comply with our policies.
    2. you have a duty to list and accurately describe your Rewards and all terms of sale in your Campaign description and Reward description.
    3. Each Reward must accurately and completely describe the items of experience on offer.
    4. You understand that not every Campaign has a Reward and may be purely for charity purposes i.e. donations.
  6. PRIVACY AND SECURITY
    1. Fundsgateway.org receives various types of information from the Users who access the Website.
    2. While Fundsgateway.org will make every effort to protect any information received by it, it is possible for internet based communication to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured nor guaranteed.
    3. Fundsgateway.org will not be held responsible for any damages the User or any third party may suffer as a result of transmission of confidential or personal information that the User submits to us through the internet, or for the information that the User expressly or implicitly authorises Fundsgateway.org to receive, or for any changes, or errors made to any transmitted information.
    4. Communications on this Site is not confidential and shall not be the subject of any privileges.
    5. Communications on this Site are limited and do not involve in-person evaluations, or visits, and do not include safeguards and procedures typical of in-person evaluations and consultations.
  7. THE WEBSITE AND DONATIONS
    1. The Site is a venue for donation and crown funding purposes only.
    2. The Site allows you to make donations to a charity of your choice. These donations can be made via debit, card, credit card and PayPal by following the instructions on the Site.
    3. Fundsgateway.org is not responsible for any dissatisfaction you may have about how your chosen charity uses any donations which you make through the Site.
    4. Once a donation is made using the Site, the transaction is final and cannot be disputed or reversed unless it was made fraudulently. If you become aware of any fraudulent use of your credit or debit card or PayPal account, you should report this to your Bank or to PayPal in accordance with their reporting rules. We may require proof of the alleged fraud in this instance.
    5. Fundsgateway.org will use reasonable endeavours to ensure that the Site and the ability to make donations through the Site is available continuously but retains the right to modify, suspend or terminate the Site and the ability to make donations though the site from time to time without notice.
    6. Users of the Site, not Fundsgateway.org provide the content in Posts (as defined below).
    7. Campaign Creators are not employees or agents of Fundsgateway.org.
    8. You understand that Fundsgateway.org cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of the Posts.
    9. Fundsgateway.org will not be liable for any acts or omissions of Campaign Creators or Campaign Supporters, content in Posts.
    10. Notwithstanding the above, Fundsgateway.org reserved the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.
  8. POSTS AND CONFIDENTIALITY
    1. The Site is internet based. Information and materials submitted in the content of your questions, answers and requests, responses, profiles, signatures, comments, posts and other places where User’s communicate on the Site (collectively “Posts”) is not private, nor is protected by attorney- client privilege, doctor –patient or any other privilege, and it may be read, collected, and used by others.
  9. USER ACCOUNTS
    1. When you register as a User on the Site, you can establish a user name and password for access to your online account.
    2. You are responsible for maintaining the confidentiality of your user name, password and account data, and that you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account.
    3. You will immediately notify Fundsgateway.org of any unauthorised use of your password or account.
    4. We advise that you only create one account on the Site.
    5. If your account has been suspended or terminated, you may not open another account on the Site.
    6. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Fundsgateway.org accounts.
    7. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading;
      1. Infringe any third party’s proprietary rights;
      2. be illegal or violate any state or local law, statute, ordinance, regulation or ethical code;
      3. Have the aim of competing with Fundsgateway.org;
      4. Be defamatory, unlawfully threatening or unlawfully harassing;
      5. be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography;
      6. contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      7. Create liability for us or cause us to lose (in whole or part) the services of our Experts or other suppliers.
  10. SUSPENSION OR TERMINATION OF SERVICES
    1. You may terminate your service and account at your sole discretion and at any time by written notice via email to info@fundsgateway.org.
    2. Terminations will typically be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account.
    3. Any fees accrued as of the effective date of termination will be payable according to the Terms.
    4. At any time, with or without notice, for any or no reason, Fundsgateway.org reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Services, and to restrict, suspend or terminate a User’s account.
  11. FEES DUE BY CAMPAIGN CREATORS
  12. INTELLECTUAL PROPERTY RIGHTS
    1. All elements of the Website, including but not limited to the images, text, databases, icon, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the “Content”), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
    2. The User may access, download, view and print content from the Website for private and non-commercial purposes. No portion or element of the Website or the Content contained thereon may be reproduced or transmitted via any means.
    3. The Website, its Content and all related rights shall remain the exclusive property of Fundsgateway.org.
    4. Any email addresses, names, telephone numbers and fax numbers appearing on the Website may not be incorporated by any third party into any database or used or any marketing or other purposes whatsoever.
    5. The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of Fundsgateway.org. Nothing on the Website should be construed as granting any license or right to use any Trademarks without the written permission of Penthouse Media.
    6. Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property rights in or to the Content and Trademarks.
    7. All rights in and to the Content and Trademark is reserved and retained by Fundsgateway.org.
  13. PERMISSION FOR HYPERLINKS
    1. No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to the Website or any subsidiary pages before receiving Fundsgateway.org prior written approval, which may be withheld or granted subject to the conditions Fundsgateway.org may specify from time to time.
    2. An application for Linking must be submitted to info@fundsgateway.org
    3. Once received Fundsgateway.org will do its best to respond and enter into further discussions with the User. If the User does not receive a written response from Fundsgateway.org within 5 business days after submitting the request, the User must consider the request as having been rejected.
    4. A breach of this provision entitles Fundsgateway.org to take legal action without prior notice to the User and the User agrees to reimburse Fundsgateway.org with the costs associated with such legal action, on an attorney and own client scale.
  14. DISCLAIMER AND LIMITED LIABILITY
    1. Notwithstanding the fact that hyperlinks exist in the terms and conditions, to facilitate access to notices, policies and legislation that are incorporated into the terms and conditions, the User agrees that in those instances, where some or all of the hyperlinks malfunction or are not operational, such occurrence shall not affect the validity or enforceability of the terms and conditions.
    2. The User undertakes to, at their own convenience and discretion, review and acquaints themselves with necessary documents and/or terms.
    3. External links may be provided for your convenience, but they are beyond the control of Fundsgateway.org, and no representation is made as to their content. Use of reliance on any external links provided is at the User’s own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to the Website without the express prior written permission of Fundsgateway.org.
    4. No warranty, whether express or implied, is given that any files, downloads, or applications available via the Website is free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of the User’s computer, database, network or other information system.
    5. The quotes presented, are based on limited information, provided by you on the electronic e-quote form. The quotes are therefore only illustrative and not a binding offer.
    6. Quotes are subject to change, based on further consideration or more comprehensive information that the Customer submits to the Expert.
    7. Although Fundsgateway.org has taken reasonable care to ensure that the Content on the Website is accurate and that the User will not suffer loss or damage as a result of the use of the Website, use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or any part/s thereof, contained on the Website.
    8. Fundsgateway.org makes no warranty or representation as to the availability, accuracy or completeness of the Content, which may include typographical errors.
    9. Neither Fundsgateway.org nor any affiliate or subsidiary of Fundsgateway.org shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered, or incurred, relating to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Fundsgateway.org was expressly advise of this.
  15. INDEMNITY
    The User unconditionally and irrevocably indemnifies and holds Fundsgateway.org harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay of performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly, or indirectly, related to the User’s use of the Website, whether due to Fundsgateway.org negligence or not.
  16. TERRITORIAL JURISDICTION
    1. This Website is controlled, operated and administered by Fundsgateway.org.
    2. Fundsgateway.org makes no representation that the Content is appropriate or available for use in any other location/s or countries.
    3. Access to the Website from territories or countries where the Content is illegal is prohibited.
    4. The User may not use this Website in violation of South African export laws and regulations.
    5. User is responsible for compliance with all local laws at the location of access.
  17. GENERAL
    1. The headings of the clauses in the terms and conditions are provided for convenience and ease of reference and will not be used to interpret, modify or amplify the terms and conditions.
    2. The terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Terms and Conditions.
    3. Fundsgateway.org failure or delay to exercise or any particular right or provision of the terms and conditions shall not constitute a waiver of such right or provision, whether this is done expressly or implied, nor will it affect the validity of any part of these terms and conditions or prejudice Fundsgateway.org rights to take subsequent action against the User, unless acknowledged and agreed to by Fundsgateway.org in writing.
    4. Neither the User nor Fundsgateway.org shall be bound by any express, tacit or implied representation, warranty, promise nor the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral between the User and Fundsgateway.org in respect of the subject matter hereof.
    5. Fundsgateway.org shall be entitled to cede, assign, and delegate all or any of its right as and obligations in terms of these terms and conditions.
  18. FORCE MAJEURE
    1. Should Fundsgateway.org be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Fundsgateway.org is so prevented from fulfilling them and the User’s corresponding obligations shall be suspended to the corresponding extent.
    2. In the event that force majeure continues for more than ten business days after it has first occurred then Fundsgateway.org shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these terms and conditions by giving notice to the User.
    3. An event of force majeure shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, any requirement of any government or other competent local authority, any court order, export control, or shortage of transport facilities.
  19. Entire Agreement
    1. The terms and conditions, as varied by Fundsgateway.org from time to time, constitute the entire and sole agreement between Fundsgateway.org and the User with regard to the use of the Site.