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Terms and conditions

1. Thanks for using BackaBuddy

Welcome to BackaBuddy and thank you for using this website (the Site). We are BackaBuddy NPC (registration number 2015/313483/08, and together with our parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, BackaBuddy, we, or us). By using the Site and our services (together with the Site, the Services), you agree to these contractual rules (the Terms). Please also go and see our Privacy and Cookies Policies (which you’re also agreeing to by using the Services).

Sometimes we might change these Terms. We’ll do our best to notify you personally of any changes (if we have your details), but in any event we will also inform our community of these changes by posting a notice on the Site.

BackaBuddy is only for your personal, non-commercial use.

 

2. Registering as a Charity Champion or charity

If you’d like to register for an account as a Charity Champion or a charity, please see this page. You can also browse BackaBuddy without registering for an account. If you do plan to register, however, the information you give us must be complete, and up-to-date. We reserve the right to cancel your account if you don’t comply with any of these Terms.

Please remember that if you do choose to register, you are responsible for all the activity on your account, and for keeping your password confidential. If you become aware that your account has been used without your permission, you must report it to us here.

To register for an account, you must be at least 18 years old.

 

3. Please don’t do the following

By using this site, you agree that you will not engage in posting:

  • content that is harmful to others (this includes posting discriminatory comments, comments which are inappropriate or profane, including but not limited to the distribution of child pornography, comments which constitute hate speech or content that is designed to abuse, stalk, harass or physically threaten other people);
  • content that violates any intellectual property laws, including content that is protected by a copyright or a patent;
  • content that is misleading, false, or intentionally inaccurate.
  • information that is fraudulent in nature;
  • content that is illegal, and violates any domestic or international law or content which breaches a legal duty that you owe to other people;
  • content which is designed as spam or any other unsolicited mass mailing activity that is distributed without the consent of the recipients; and
  • content which in any way threatens the security of the BackaBuddy network or one of its users’ computers, including the distribution of malware, viruses, Trojan horses, or any other harmful piece of software.

 

Please refrain from participating in the following activities:

  • disseminating other people’s private information – when you use the Services — whether as a contributor  or charity — you will receive certain information regarding other users of the site, such as their names and their email addresses. Please keep this information private, and use it solely for the purposes of participating in the BackaBuddy projects. Do not share or distribute any user information without their permission;
  • interfering with the working of BackaBuddy – you may not engage in any activity that interferes with the proper working of the Site or the Services;
  • bypassing any security – you may not bypass any of the security measures that BackaBuddy has put into place to restrict access to certain sections of the site or circumvent any of the security measures that have been put into place by BackaBuddy;
  • attempting to obtain personal information of BackaBuddy or its users – you may not attempt to gain unauthorised access to any data, password, or any other restricted information which belongs to BackaBuddy, its affiliates, or any user of its site; and
  • putting strain on BackaBuddy’s infrastructure – you may not engage in any activity that places a disproportionately large load on the infrastructure of BackaBuddy or its affiliates.

 

4. Contract between Charity and Contributor

BackaBuddy provides a funding platform for charities and charitable projects. When someone publishes a charitable project on BackaBuddy, they invite other people to form a legal contract with them. Anyone who contributes to a charity is accepting the charity’s offer, and forming that contract.

BackaBuddy is not a part of this contract — the contract is a direct legal agreement between charities and their contributors. Here are the terms that govern that agreement:

  • When a project is successfully funded, the charity must use the funds for the purpose advertised. Once a charity has done this, it has satisfied its obligation to its contributors.
  • Throughout the process, charities owe their contributors a high standard of effort, honesty, transparency and a commitment to achieving the advertised goals of that charity.
  • Contributors must understand that there could be delays in a charity achieving what it has set out to do.
  • A donation is an irrevocable and unconditional act and, once a donation has been made using the Services, the contributor is not entitled to a refund unless the relevant charity agrees to the refund and special arrangements are made directly with the charity. Once a charity has refunded the contributor it has no further obligation to that contributor, and no further agreement exists between the two parties.           
  • BackaBuddy is not responsible for the fulfilment of the promises made by charities.
  • If charities are unable to satisfy the terms of their agreement, they may be subject to legal action by contributors.

 

5. What we do and don’t do

  • Responsibility for using donation money as advertised rests entirely with the charity.
  • We don’t hold funds on a charity’s behalf, do not guarantee charities’ work and do not offer refunds.
  • We charge our fees before putting funds into a charity’s account. We (and our payment partners) will subtract fees before transmitting the proceeds of a campaign.
  • We don’t verify the identity of the charities on the Site or whether charities are using monies received for a legitimate purpose – this is your responsibility as a contributor!
  • We don’t independently verify whether the charities hosted on the Site have section 18A status in terms of the Income Tax Act, 1962. This is something that contributors are responsible for checking with a charity before donating. As such, BackaBuddy does not guarantee that donations to charities will be tax deductible.
  • If you are a charity, don’t assume that you’ll be able to immediately collect your funding and don’t take any actions in reliance on collecting any donations until the money is put into your account.
  • We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services.
  •  BackaBuddy doesn’t endorse any content that users submit to the Site.
  • The Site may contain links to other websites (which we do not necessarily endorse). When you access these websites, you do so at your own risk.

 

6. Our Fees

  • Creating an account on BackaBuddy is free. For every donation made using our Site, we collect fees.
  • Our payment partners (such as PayPal) also collect fees (you are responsible for paying any additional fees or taxes associated with your use of the Services). Each payment provider is its own company, and BackaBuddy isn’t responsible for its performance. When you donate, you agree to our partners’ terms of service.
  • If our fees change, we’ll let you know on our Site.

 

7. Intellectual Property

As a charity, you own your ideas and the content that you post on your fundraising page. This means that you are solely responsible for the content that appears on your page. BackaBuddy will not be liable for any mistakes or omissions that appear on your page. You are also responsible for ensuring that the content that you post does not violate any the rights of third parties, or any copyright. You will be responsible for paying any royalties that become owing due to the content posted on your page.

BackaBuddy does not become the owner of the content that you post on your page. However, BackaBuddy does require some control over your content in order to perform the Services. Once you post information on your page, you grant BackaBuddy a worldwide, irrevocable, non-exclusive, continuous and royalty-free right to use, reproduce, display and distribute the content that you post. BackaBuddy is also entitled to modify, delete, translate or reformat the content that is posted on your page.

The Services are legally protected by copyright, intellectual property rights and other rights and laws. You are obliged to respect BackaBuddy’s protections at all times. Content that appears on the BackaBuddy site, whether its own content or content generated by its users, may be used and reproduced by you for personal use only. You may not use any content that appears on the BackaBuddy site for commercial gain, without prior permission from the relevant copyright holder.

“BackaBuddy”, “Back-a-Buddy”, “Backabuddy.com”, “Backabuddy” and the Backabuddy logo are protected under trademark registration and any unauthorised use of these marks is prohibited. Copyright subsists in all of the material on this website and, other than in respect of the content that you post on your page, all copyright vests in Easygiving (Proprietary) Limited, trading as BackaBuddy.

BackaBuddy’s intellectual property policy is informed by the Trade Marks Act 194 of 1993 and the Copyright Act 98 of 1978. We reserve the right to delete all content which infringes the provisions of these two Acts.

 

8. Our Rights

BackaBuddy reserves the right:

  • to make changes to the Site and Services without notice or liability.
  • to decide who’s eligible to use BackaBuddy. We can cancel accounts, decline to offer our Services and can change our eligibility criteria at any time. If anything relating to our Site is prohibited by law where you live, then we revoke your right to use BackaBuddy in that jurisdiction;
  • in the event that any system or programme maintenance of any sort is required, to suspend services until such time as these have been completed;
  • to cancel any pledge to any project, at any time and for any reason; and
  • to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

BackaBuddy is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Furthermore, if you are a charity and we have already deposited funds into your account and a donation is subsequently reversed by one of our payment partners (for example, in the case of a charge-back) then we are entitled to claim the reversed amount back from you for a reasonable period after the reversal/charge-back. 

 

9. Disclaimer, Indemnity and Limitation of Liability

You use the Services solely at your own risk. They are provided to you voetstoots and without warranty of any kind, whether express or implied.

If you do something that results in us getting sued, or if you break any of the promises you make in these Terms, you hereby indemnify us and agree to defend and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the Services.

In no event will BackaBuddy (or our directors, employees, partners, suppliers, or content providers) be liable for damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on or in connection with the Site (including hackers or employees/agents of Backabuddy acting beyond the scope of their authority). In no event shall our liability for direct damages be in excess of (in the aggregate) one thousand Rand.  

By using the Services, you release BackaBuddy from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services.

 

10. Dispute Resolution and Governing Law

In the event that you have any complaints or believe that we have caused you any loss or harm, please contact us (using the contact details provided here) first before resorting to legal action.

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of South Africa, and you consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in any dispute arising from or in connection with these Terms.

 

11. The Boilerplates

These Terms constitute the entire agreement between you and BackaBuddy with regard to the Services. Neither you nor BackaBuddy will have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms.

No agreement to vary, add to or cancel these Terms as they specifically apply to you will be of any force or effect unless recorded in writing (which doesn’t include email) and signed by or on behalf of both you and BackaBuddy.

If any provision of these Terms is rendered void, illegal or unenforceable under any law of any jurisdiction (provided the provision isn’t vital to the proper understanding of these Terms), the validity, legality and enforceability of the remaining provisions should not in any way be affected and the legality, validity and unenforceability of such provision under the law of any other jurisdiction are not in any way affected or impaired.

These Terms are personal to you and you can’t cede any rights that you may have against us, or delegate any obligations you owe to us, unless you have our prior written consent. There may, however, be circumstances where we need to  cede our rights against you or delegate our obligations owed to you to third parties (for example, if we undergo a corporate restructure). These Terms constitute your prior consent to such cession and delegation. If we do cede our rights or delegate our obligations, we do undertake to notify you of this by email, or by posting a notice on the Site. 

Well done and thanks for reading these Terms…and welcome to BackaBuddy!

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