Terms of service
TERMS AND CONDITIONS OF USE FOR DIFFERENT.ORG
The Short Version
(These points serve as a summary only, and should not be relied on without reference to the Long Version.)
- 100% of the funds raised on Different.org will be paid to the NGO projects hosted by Different.org. While Different Life owns, manages and administers the Different.org website, it does not receive any of the funds raised on the Different.org website.
- Funds paid to any Project hosted by Different.org will be paid into the bank account of Different Foundation, who will allocate all of these funds to the designated NGO.
- Different Life reserves the right to remove any defamatory or derogatory comments posted on Different.org.
- Although Different Life tries to ensure that the Projects it chooses to host on Different.org will achieve their aim, Different Life has no way of guaranteeing this and therefore cannot be held liable in any way where Projects fail despite our best efforts.
The Long Version
- Different Foundation is a non-profit company, incorporated under the laws of South Africa, with registration number, 2014/121778/08 and address at Building A, Bryanston Corner, 18 Ealing Road, Bryanston, Johannesburg, 2191, that serves as a conduit, between Donors and Projects for funds raised on Different.org.
- Different Life is a limited liability private company that is incorporated under the laws of South Africa, with registration number 2014/023254/07 and address at Building A, Bryanston Corner, 18 Ealing Road, Bryanston, Johannesburg, 2191, and that is affiliated with the Different Foundation and owns the Different.org website.
- Donor shall mean any person registered on the Website as a supporter of a Project.
- Project shall mean any initiative listed on the Website for which Support is to be gathered.
- Support shall mean any funds provided by a Donor to a Project through the Website.
Different Life is committed to protecting your privacy and ensuring that your personal information is used appropriately, transparently, securely and in compliance with the applicable laws, including the Protection of Personal Information Act, 2013. Different Life will collect and process your information (which will include as required, certain personal information) to the extent needed to enable you to register as a user to donate to Projects hosted on the Different.org platform. The information will be processed only for the purpose it is needed for. Personal information typically required are details such as (but not limited to) your identity number, name, surname, address, postal code and includes any other information needed for you to register as a user on the Different.org platform. Should you elect to use any other services or products offered by Different Life, to the extent required, certain personal information will be collected and processed for marketing purposes.
2. Your Different.org Project profile and general use of the Website. You must ensure that all information supplied by you is true, accurate and up-to-date at all times. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of this site by any third party. You are solely responsible for any information submitted by you to the Website. You hereby agree that any content posted by you on the Website will not: (1) be misleading; (2) break any law or encourage any illegal act; (3) be abusive, defamatory or offensive; (4) infringe the copyright, privacy, confidentiality or other right of any third party; (5) contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or (6) bring Different Life or the Different.org website into disrepute. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of the Website. While the Website is intended for use by South African residents, it may be used by residents of other jurisdictions. Users of the website in other jurisdictions outside South Africa should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use the Website without contravention of legal restrictions in the jurisdiction in which they reside. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement, and that they comply with it.
3. Backing a Project featured on Different.org. Every cent donated on the Different.org platform will go to the Project to which it is allocated. Every Project is run by a registered legal entity, and we will make all reasonable efforts to ensure that the Project is successful. Different Life is committed to providing a secure platform for Donors to provide Support to Projects profiled on the Website. Different Life shall endeavor to ensure that Projects seeking to raise funding through the Website, will in its reasonable opinion, in sum, maximise impact in South Africa according to the Different Impact Metrics used for measuring impact. The profiling of Projects on the Website should not be taken as endorsement. Different Life is in no way responsible for, and does not control the activities of the Projects. By agreeing to participate in any Project or otherwise using the Website, you understand that Different Life makes no representation or warranty in relation to the activities of Projects and accepts no liability for any loss as a result of a Project’s acts or omissions. Although Different Life endeavours to do due diligence on participating NGOs, prospective Donors acknowledge that Different Life makes no projections as to the anticipated performance of Projects that appear on the Website, some of which may be start-ups with little operating history. Prospective Donors also acknowledge that the extent to which Projects will be able to achieve their objectives may depend on factors outside their control, for which Different Life does not accept any responsibility.
4. Fund Raising Period. The funds will be raised over a period of 90 (ninety) days or longer, depending on operational requirements, commencing on a date to be determined by the NGO ad Different Life hereto (Fundraising Period). If only a percentage of the Funding is obtained by the end of the Fundraising Period, if possible, the NGO and Different Life will reach a mutual agreement regarding the adjustment of the Project Funding requirements, in line with the percentage of Funding obtained (Adjusted Funding Amount). The Adjusted Funding Amount will then be paid to the NGO by Different Foundation (NPC), a conduit for funding raised on the website Different.org (Different Foundation), after the end of the Fundraising Period. Where the parties fail to reach an agreement regarding the Adjusted Funding Amount, the funds raised will be credited to the Different.org user accounts of the donors who donated by way of Different Donations for re-allocation to another project on Different.org. Alternatively, donors who donated directly via Different.org, not by way of Different Donations, may choose to have their donations in respect of the Project refunded or allocated to a project in the same category.
5. Changes to NGO/Project. In the event that the financial position of the NGO changes to such an extent that it is no longer financially sound and, among other things, unable to pay its operational costs as they arise, Different Life reserves the right to re-evaluate the partnership with the NGO and if Different Life reasonably foresees the financial position of the NGO as jeopardizing the successful execution of the Project, Different Life may, with immediate effect, cease all fundraising efforts on behalf of the NGO. Different Life shall manage this process in a transparent manner and shall communicate its decisions clearly. In the event that the staff member/ organization leader responsible for executing the Project leaves the NGO or cannot continue the execution of the Project adequately for reasons beyond or within their control, and there is no suitable staff member/ colleague to step in and execute the Project, Different Life reserves the right to re-evaluate the partnership with the NGO and if Different Life reasonably foresees that this would jeopardize the successful execution of the Project, Different Life may, with immediate effect, cease all fundraising efforts on behalf of the NGO. Should this occur when the Funding Amount has already been raised, Different Life reserves the right to reimburse the donors and the NGO shall cooperate to ensure that this is done. Different Life shall transparently manage this process and shall communicate its decisions clearly.
6. Limitations of liability. While every effort has been made to ensure that all content is correct and not misleading, Different Life cannot and does not verify all of the information contained on the Website. Projects are fully responsible for the accuracy of the information disclosed on the Website in relation to Projects and it is your sole responsibility to verify the information. Different Life therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the Project pages of the Website. This limitation includes, but is not restricted to: (1) loss of income or revenue; (2) loss of business; (3) loss of profits or contracts; (4) loss of anticipated savings; (5) wasted expenditure or time; (6) loss of goodwill; or (7) any other loss or damage of any kind, however arising and whether caused by delict (including negligence) breach of contract or otherwise, whether foreseeable or not. Different Life hereby excludes all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law.
7. Liability for loss or damage to property and death or personal injury. Different Life is not responsible for ensuring that activities and events organised by Projects are covered by the appropriate insurance. By participating in such activities or events, you acknowledge that Different Life is not liable for any loss of or damage to personal property that may occur. Although Different Life does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions, it cannot be held in any way responsible for any loss or damage to property (monetary or otherwise) and death or personal injury arising due to circumstances reasonably beyond its control.
8. Content posted on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Different.org links, and that link to Different.org. Different Life does not have any control over those non-Different.org websites and webpages, and is not responsible for their contents or their use. By linking to a non-Different.org website or webpage, Different Life does not represent or imply that they endorse that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Different Life disclaims any responsibility for any harm resulting from your use of non-Different.org websites and webpages.
9. Copyright Infringement. As Different Life asks others to respect their intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Different.org violates your copyright, you are encouraged to notify Different Life by sending an email to email@example.com. Different Life will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of Different Life. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only. Different Life will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Different Life or others.
10. Intellectual Property. This Agreement does not transfer from Different Life to you any of Different Life or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Different Life and Different.org, and as applicable, all other trademarks, service marks, graphics and logos used in connection with Different.org are trademarks or registered trademarks of Different Life’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or licence to reproduce or otherwise use Different Life or third-party trademarks.
11. Changes. Different Life reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
12. Termination. Different Life may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you have a Different.org Project account, such account can only be terminated by Different Life: (1) upon termination of the Project duration; or (2) if you materially breach this Agreement and fail to cure such breach within seven (7) days from Different Life’s notice to you thereof; provided that, Different Life can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Miscellaneous. This Agreement constitutes the entire agreement between Different Life and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Different Life, or by the posting by Different Life of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of South Africa. Any dispute arising under this Agreement shall be finally settled in accordance with the rules of the Arbitration Foundation of South Africa by one arbitrator nominated by Different Life (unless otherwise agreed between the parties) and appointed in accordance with such Rules. The arbitration shall take place in Johannesburg, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement, with prior written consent from Different Life, to any party that consents to, and agrees in writing to be bound by, its terms and conditions; Different Life may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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