Terms of Use

1. Acceptance of Terms

Welcome to the website of ACVV Helen Bellinganhof ("we", "us", "our", or "the Organization"). By accessing or using our website at acvvhelenbellinganhof.co.za (the "Website"), you agree to be bound by these Terms of Use ("Terms") and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use our Website.

2. Definitions

In these Terms, the following definitions apply:

• "Website" means acvvhelenbellinganhof.co.za and all associated pages, content, and functionality.
• "User", "You", "Your" means any individual or entity accessing or using the Website.
• "Content" means all text, graphics, images, logos, videos, audio, software, data, and other materials available on the Website.
• "User Content" means any content that you submit, post, upload, or transmit through the Website.
• "Services" means the information, resources, and functionalities provided through the Website, including but not limited to contact forms, donation facilities, and informational content.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
• "South African Law" means the laws of the Republic of South Africa, including but not limited to the Electronic Communications and Transactions Act 25 of 2002 (ECT Act), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Consumer Protection Act 68 of 2008 (CPA).

3. Eligibility and Account Registration

3.1 Age Requirement

By using our Website, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction; or
• If you are under 18, you have obtained parental or guardian consent to use the Website, and your parent or guardian agrees to be bound by these Terms on your behalf.

3.2 Account Registration

Certain features of our Website may require you to register for an account. When registering, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your account credentials.
• Notify us immediately of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.

4. Use of Website

4.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for lawful, personal, non-commercial purposes. This license includes:

• Viewing and accessing the Content.
• Using the Services as intended, such as contacting us or making donations.
• Downloading or printing pages for personal, non-commercial reference.

4.2 Prohibited Use

You may not:

• Use the Website for any illegal purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, or our computer systems.
• Interfere with or disrupt the operation of the Website or servers.
• Reverse engineer, decompile, or disassemble any software on the Website.
• Use any automated means, including robots, spiders, or scrapers, to access the Website.
• Impersonate any person or entity or falsely state your affiliation.
• Engage in any conduct that restricts or inhibits any other user from using the Website.

5. User Conduct and Prohibited Activities

When using our Website, you agree not to:

5.1 Prohibited Content

Upload, post, transmit, or otherwise make available any content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
• Contains hate speech or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
• Depicts or promotes violence, self-harm, or exploitation.
• Contains false, misleading, or deceptive information.
• Infringes any patent, trademark, copyright, or other proprietary rights.
• Contains viruses, malware, or other harmful code.

5.2 Prohibited Activities

• Engaging in any activity that could disable, overburden, or impair the Website.
• Attempting to bypass any security measures or access restrictions.
• Collecting or harvesting any information about other users without their consent.
• Using the Website for commercial purposes without our express written consent.
• Framing or mirroring any part of the Website without authorization.
• Engaging in any form of advertising or solicitation.

6. Intellectual Property Rights

6.1 Ownership

All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of ACVV Helen Bellinganhof or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

The name "ACVV Helen Bellinganhof," the Organization's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ACVV Helen Bellinganhof. You may not use such marks without our prior written permission.

6.3 Limited License

We grant you a limited, revocable, non-exclusive license to access and use the Website for personal, non-commercial purposes. This license does not include:

• Any commercial use of the Website or Content.
• Any derivative use of the Website or Content.
• Any downloading or copying of account information for the benefit of another organization.
• Any use of data mining, robots, or similar data gathering and extraction tools.

6.4 Copyright Complaints

If you believe that any Content on our Website infringes your copyright, please contact our Information Officer with the following information:

• A description of the copyrighted work claimed to have been infringed.
• A description of where the infringing material is located on the Website.
• Your contact information, including address, telephone number, and email.
• A statement that you have a good faith belief that the use is not authorized.
• A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

7. User Content and Submissions

7.1 Responsibility for User Content

You are solely responsible for any content you submit, post, upload, or transmit through the Website ("User Content"). You represent and warrant that:

• You own all rights to your User Content or have obtained all necessary permissions.
• Your User Content does not violate any third-party rights.
• Your User Content complies with these Terms and all applicable laws.

7.2 License to User Content

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content for the purpose of operating and improving the Website and our services.

7.3 Monitoring and Removal

We reserve the right, but have no obligation, to monitor User Content. We may remove or refuse to post any User Content for any reason or no reason, including content that we believe violates these Terms.

7.4 Contact Form Submissions

Information submitted through our contact forms is subject to our Privacy Policy. By submitting a contact form, you consent to our use of that information to respond to your inquiry.

8. Donations and Payments

8.1 Donation Processing

When you make a donation through our Website, you agree to provide accurate payment information. All donations are processed through secure third-party payment processors. We do not store your payment card details.

8.2 Refund Policy

Donations to ACVV Helen Bellinganhof are generally non-refundable. However, if an error occurs in the donation amount or processing, please contact us within 14 days, and we will address the issue on a case-by-case basis.

8.3 Tax Deductibility

Donations may be tax-deductible in South Africa to the extent permitted by law. We will provide you with a receipt for your donation, but you are responsible for determining the tax deductibility of your donation.

9. Third-Party Links and Resources

9.1 External Links

Our Website may contain links to third-party websites, advertisers, services, or resources ("Third-Party Sites"). These links are provided for your convenience only.

9.2 No Endorsement

We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any Third-Party Sites. You access Third-Party Sites at your own risk.

9.3 Third-Party Terms

When you leave our Website, you become subject to the terms of use and privacy policies of those third-party sites. We encourage you to review their terms before providing any information.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW:

• THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
• WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACVV HELEN BELLINGANHOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OR INABILITY TO USE THE WEBSITE.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE.
• ANY CONTENT OBTAINED FROM THE WEBSITE.
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10.3 Consumer Protection Act

Nothing in these Terms limits any rights you may have under the Consumer Protection Act 68 of 2008 (CPA) that cannot be excluded by agreement. If you are a consumer as defined in the CPA, certain warranties and liability limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless ACVV Helen Bellinganhof, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Website.
• Your User Content.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.
• Your violation of any applicable laws or regulations.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

12. Termination and Suspension

12.1 Termination by You

You may stop using the Website at any time. If you have registered an account, you may request account deletion by contacting us.

12.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to all or part of the Website, without notice or liability, for any reason, including if we believe you have violated these Terms.

12.3 Effect of Termination

Upon termination, your right to use the Website will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, disclaimers, indemnification, and limitation of liability.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any legal proceedings arising out of or relating to these Terms or the Website shall be brought exclusively in the courts of South Africa, specifically the Magistrate's Court having jurisdiction in Oudtshoorn, Western Cape. You consent to the personal jurisdiction of such courts and waive any objection to venue.

Note: The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at the address in Section 19. We will attempt to resolve the dispute within 30 days.

14.2 Mandatory Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be held in Oudtshoorn, Western Cape, in English. The decision of the arbitrator shall be final and binding.

14.3 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be effective 30 days after posting the updated Terms on the Website. Non-material changes are effective immediately upon posting.

Your continued use of the Website after any changes constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

17. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy and POPIA Compliance Statement, constitute the entire agreement between you and ACVV Helen Bellinganhof regarding your use of the Website, superseding any prior agreements.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:

Business Hours

Mondays – Thursdays: 06h30 – 15h30
Fridays: 06h30 – 12h30
Weekends & Public Holidays: Closed