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Terms & Conditions

Terms & Conditions

Welcome to the website of amandla.mobi. Please read the following carefully.

amandla.mobi NPC is a registered Public Benefit Organisation (PBO) in South Africa. Our PBO number is 930050535 and our NPC number is 2014/176307/08.

 

Physical address:

amandla.mobi NPC

28 Juta Street

Maths Centre Building 

Braamfontein 2001 Johannesburg

 

Postal address:

Postnet Suite 6

Private Bag X4

Braamfontein 2001

Email: hola@amandla.mobi

Tel: 010 494 4372

 

amandla.mobi is an independent, community advocacy organisation that seeks to build a more just and people-powered Mzansi.

To do this we're working to turn every cell phone into a democracy building tool so that no matter where you live; what language you speak or what issue you care about, you can take action with others. We do this through providing inclusive access to information and tools on cell phones, and where we can, in multiple languages.

amandla.mobi members from across the country come together at critical moments to take targeted, co-ordinated and strategic action to make real change. Our job is to connect you up with others, so that your voice has more impact and power to hold political and corporate interests to account. 

Read more here: https://www.amandla.mobi/about

1. DEFINITIONS

In these terms and conditions, the following capitalised words shall have the following meanings:

“Content” means all material including, without limitation, text, video, graphics and audio, published on the Website, whether copyright of amandla.mobi or a third party;

“Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;

“amandla.mobi” means the amandla.mobi NPC.

“Website” means this website.

"Mobile Channels" means communication through our USSD codes, SMSs, Whatsapp etc.

2. ACCESSING THIS SITE

1. By using the Website and/or our mobile channels, you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the Website and/or our mobile channels. If these terms and conditions are not accepted in full, the use of the Website and/or our mobile channels must be terminated immediately.

2. amandla.mobi reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the Website and/or our mobile channels after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.

3. amandla.mobi reserves the right to withdraw or amend the service it provides on the Website and/or our mobile channels without notice and will not be liable if for any reason the Website and/or our mobile channels is unavailable at any time or for any period.From time to time, amandla.mobi may restrict access to some parts of the Website and/or our mobile channels, or the entire Website and/or our mobile channels, to users who have registered.

4. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. amandla.mobi reserves the right to disable any user identification code or password, whether chosen by or allocated to you, at any time, if, in the reasonable opinion of amandla.mobi, you have failed to comply with any of the provisions of these terms and conditions.

5. You are responsible for making all arrangements necessary for you to have access to the Website and/or our mobile channels. You are also responsible for ensuring that all persons who access the Website and/or our mobile channels through your internet connection are aware of these terms and conditions, and that they comply with them.

6. amandla.mobi does not warrant that the functions contained in the Website and/or our mobile channels will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.

7. amandla.mobi does not warrant that functions contained in the Website and/or our mobile channels will be uninterrupted or error free, that defects will be corrected, or that the Website and/or our mobile channels or the server that makes it available on the internet are virus-free.

8. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the Website and/or our mobile channels is at your own risk.

9. The Website and/or our mobile channels is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

10. You agree to use the Website and/or our mobile channels for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, the Website and/or our mobile channels.

3. INTELLECTUAL PROPERTY RIGHTS

Unless specifically excluded, all intellectual property rights existing in and attaching to this website and/or our mobile channels, including amandla.mobi’s brand and logo, are the property of amandla.mobi, and may not be reproduced or otherwise used without the express written consent of amandla.mobi.

1. All Content on the Website and/or our mobile channels is the copyright of amandla.mobi or third parties.

2. You may view the Content on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in any way except for non- commercial personal or educational use.

3. You agree not to adapt, alter or create a derivative work from any of the Content except for non-commercial personal or educational use. Any other use of the Content requires the prior written permission of amandla.mobi.

4. The status of amandla.mobi (and that of any identified contributors) as the authors of any Content must always be acknowledged.

5. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the Website and/or our mobile channels will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. The names, images and logos identifying amandla.mobi or any other third parties referred to on the Website and/or our mobile channels and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of amandla.mobi or any other third party.

4. RELIANCE ON INFORMATION POSTED

1. Commentary and other materials posted on the Website and/or our mobile channels are not intended to amount to advice on which reliance should be placed. amandla.mobi therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website and/or our mobile channels, or by anyone who may be informed of any of its contents.

2. amandla.mobi updates the Website and/or our mobile channels regularly, and may change the Content at any time. Any of the Content on the Website and/or our mobile channels may be out of date at any given time, and we are under no obligation to update such material.

5. OUR LIABILITY

1. amandla.mobi will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website and/or our mobile channels, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website and/or our mobile channels.

2. Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. PRIVACY POLICY

1. We process information about you in accordance with our privacy policy. By using the Website and/or our mobile channels, you consent to such processing and you warrant that all data provided by you is accurate. Please read the Privacy Policy of amandla.mobi in conjunction with the Terms and Conditions; https://www.amandla.mobi/privacy_policy

7. UPLOADING MATERIAL TO THE WEBSITE

1. Where you are invited to submit any contribution to the Website and/or our mobile channels (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant amandla.mobi a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in amandla.mobi’s privacy policy. If you do not want to grant to amandla.mobi the rights set out above, please do not submit your contribution.

2. Contributions must be your own. They must not contain any unlawful content and they must not infringe the law, nor be racist, sexist, classist, homophobic, ableist or any other content that is not in line with the values of amandla.mobi and our community of members. Should you identify contributions which are not values aligned, unlawful, distasteful or otherwise objectionable then please contact amandla.mobi: hola@amandla.mobi

3. When you provide your details or contributions to us you are stating that you are over 13 years of age. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate.

4. amandla.mobi will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and/or our mobile channels.

5. amandla.mobi has the right to remove any material or posting you make on the Website and/or our mobile channels if, in our opinion, such material does not comply with these terms and conditions.

8. VIRUSES, HACKING AND OTHER OFFENCES

1. You must not misuse the Website and/or our mobile channels by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

2. You must not attempt to gain unauthorised access to the Website and/or our mobile channels, the server on which the Website and/or our mobile channels is stored or any server, computer or database connected to the Website and/or our mobile channels.

3. You must not attack the Website and/or our mobile channels via denial-of-service attach or a distributed denial-of-service attack.

4. If you breach any of paragraphs 9(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. amandla.mobi will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and/or our mobile channels will cease immediately.

5. amandla.mobi will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile phone, mobile phone operating system, mobile phone apps, computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or our mobile channels or to your downloading of any Content, or any website linked to the Website and/or our mobile channels.

9. LINKING TO THE WEBSITE

1. You may link to the Website and/or our mobile channels, provided you do so in a way that is fair and legal and does not damage the reputation of amandla.mobi or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of amandla.mobi where none exists.

2. You will remove any such link immediately if requested by amandla.mobi.

10. LINKS FROM OUR WEBSITE

1. The Website and/or our mobile channels may contain links to other websites and/or mobile channels. These links are provided for your convenience and amandla.mobi has no control over such websites and/or mobile channels, nor is it responsible for their content. amandla.mobi’s Privacy Policy does not extend to any websites and/or our mobile channels that can be accessed from http://www.amandla.mobi or any related websites within the domain of http://www.amandla.mobi. The inclusion of these links on the Website and/or our mobile channels does not imply endorsement of any material on those websites and/or mobile channels, or any association with their operators, unless otherwise stated. amandla.mobi cannot guarantee the security of these sites, the operation of the links or that they will be virus- free.

2. Your use of any third party websites and/or our mobile channels is at your own risk and subject to their respective terms & conditions and privacy policies. amandla.mobi accepts no responsibility for any loss or damage that may result from your use of any third party websites and/or mobile channels.

11. ONLINE DONATIONS

1. Acceptance of online donations; amandla.mobi accepts online donations via its website using an online donation form. Donors can make a single or monthly donation to amandla.mobi.

2. Donation Policy; All donations made to amandla.mobi underlie the amandla.mobi Donation Policy.

3. Refusal of donations; amandla.mobi reserves the right to refuse donations and reimburse the donor should it be found that the source of the money is not in alignment with our Donor Policy and contradicts the values that amandla.mobi stands for.

4. Cancellation of donation; Donors can cancel their monthly or annual donation at any time via email hola@amandla.mobi. Please note that amandla.mobi cannot refund any donations that have already been processed for past months or years. 

5. Refund of donations; We have a refund policy in case you make a donation in error. If you contact us within 7 days of making the donation we will return it to you within 40 days. However we will only be able to refund you the amount you donated, minus any costs outside of our control, such as any payment processor fees. 

6. Donor Privacy policy; amandla.mobi shall take all reasonable steps to protect the personal information of users/ members in line with our privacy policy. However as per our donation policy, any donation over R10,000, we publish the source in our Annual Financial Statement. 

7. Payment options accepted; Payment may be made via Visa or MasterCard, bank cards or by bank transfer into the amandla.mobi bank account, the details of which will be provided on request.

8. Card acquiring and security;  Card transactions will be acquired for amandla.mobi via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

9. Customer details separate from card details; Customer details will be stored by amandla.mobi separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

10. Merchant Outlet country and transaction currency; The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

11. Responsibility; amandla.mobi takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

12. Tax receipt; amandla.mobi issues electronic tax receipts (Section 18A certificates) at the beginning of each year. Donations with a total donation amount of R100 or more per year are eligible for a tax receipt.

12. JURISDICTION AND APPLICABLE LAW

1. The terms and use of the Website and/or our mobile channels shall be governed by the laws of South Africa shall be subject to the exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these terms and conditions on your country of residence or any other relevant country.

2. This website and/or our mobile channels is governed by the laws of South Africa and amandla.mobi chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

3. If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on specific sections of the Website and/or our mobile channels, then the latter shall prevail.

4. amandla.mobi may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Your Concerns:

If you have any concerns about material which appears the Website and/or our mobile channels, please contact:

amandla.mobi Supporter Care on:

Email: hola@amandla.mobi 

phone: 010 – 494 4372

 

(last updated: August 2019)