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Listed are Terms of Use of the website (the “Site”) and services (the “Services”) offered by Gazatha which include its directors, representatives, employees, affiliates and agents collectively, describes your rights and responsibilities, and states the terms and conditions under which you may use this site. You are also agreeing to our Trust and Safely, Pricing, Privacy Policy and Our Project Rules rules and policies. Gazatha may from time to time update or change these terms of use, these will be updated on our platform and effective dates will be clearly shown. Continued use of our platform will signify acceptance of our new terms.

Definitions
In these terms, we refer to those starting or creating a campaign as “Project Creators” and their fundraising campaigns as “Campaigns or Projects”. We refer to those contributing to the campaigns as “Backers” and the monies contributed as “Contributions”. Collectively these contributors and visitors are referred to as “Users”.

Safe Harbour
Gazatha is an online crowdfunding platform for people and organisations seeking to raise funds for their own campaigns and projects and to contribute to the campaigns and projects of others. Campaign owners can offer gifts or rewards in the form of tangible items or intangible services to contributors. Rewards are not offered for sale. Gazatha makes no representations about the quality, safety, morality or legality of any campaign, project, reward or contribution or the truth or accuracy of user content posted on the platform. Gazatha does not represent that campaign or project owners will deliver rewards or that contributions will be used as described in the campaign or project. Users and organisations use the services at their own risk.

Eligibility
Only users over the age of 18 years are eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who must be 18 years or more, provided that the parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for use of the Services.

Gazatha reserves the right to refuse use of the Services to any person, community leader or organisation and to reject, suspend and remove any Campaign, Contribution, or the Services at any time for any reason without liability.

Prohibited Campaigns
Gazatha does not permit political nor politically sensitive campaigns, illegal or immoral fundraisers, rewards or perks that are illegal, immoral or contraband. We abide by a generally accepted code of conduct, morality and values. Although we strive to ensure that such campaigns are not posted on our platform, we also rely on mediators and the community to alert us to any transgressions to our rules for prompt removal. Gazatha reserves the right to reject, suspend and remove any Campaigns that are deemed to be inappropriate with impunity.

Prohibited Perks
Project Creators are NOT permitted to offer or provide any the following as Rewards or Perks:

  • Any illegal or controlled substances such as drugs and drug paraphernalia
  • Any form of gambling or lottery
  • Weapons, ammunition and related accessories
  • Any form of financial incentive
  • Participation in any profit sharing
  • Any items or actions that promote hate, discrimination, personal or others’ injury, death, damage, destruction of property

Disputes between Campaign Owners and Contributors
Campaign owners are legally bound to perform on and fulfil any promise and/or commitment to contributors (including delivering any rewards). Gazatha does not recognise any third party and/or agency affiliated with the campaign as a campaign owner. If a campaign owner is unable to perform on any promise and/or commitment to contributors, the campaign owner will work with the contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of contributions by the campaign owner. Gazatha is under no obligation to become involved in disputes between campaign owners and contributors, or users and any third party. In addition, Gazatha is under no obligation to become involved in disputes regarding the determination of the rightful campaign owner, and will not be obliged to make any changes to campaign owner accounts or transfer of ownership. In the event of any dispute, such as a campaign owner's alleged failure to comply with the terms or alleged failure in fulfilment of a reward, Gazatha may provide the campaign owner's contact information to the contributor so that the two parties may resolve their dispute.

User Accounts
All information submitted in connection with a user (or partner) account on the platform must be accurate and truthful. Users and organisations agree to notify Gazatha immediately if their user account has been used without authorisation or there has been any other breach of security of the user account. Each user also agrees to provide additional information Gazatha may reasonably request and to answer truthfully and completely any questions Gazatha might ask in order to verify such user's identity.

Campaign Owners
Campaign owners are permitted to offer rewards to contributors. Campaign owners are legally bound to perform on any promise and/or commitment to contributors (including delivering any rewards). This commitment includes shipping rewards to Gazatha contributors before fulfilling any orders received after the campaign has ended. Campaign owners will respond promptly and truthfully to all questions posed to them by Gazatha or any contributor. If any campaign owner is unable to fulfil any of its commitments to contributors (including delivering any rewards), the campaign owner will work with the contributors to reach a mutually satisfactory resolution, which may include refunding their contributions. Campaign owners will comply with all applicable laws and regulations in the use of contributions and delivery of rewards. Campaign owners are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Rewards. Gazatha may attempt to verify the identity and other information provided by campaign owners, and may delay, withhold, reverse or refund any contributions or other amounts without notice or liability in the event Gazatha is unable to verify any such information to its satisfaction. Campaign owner eligibility is subject to Gazatha’s review of the fulfilment status of prior crowdfunding obligations. Gazatha reserves the right to prohibit or remove a campaign if the campaign owner is delayed by three months or more in fulfilling a prior crowdfunding project on Gazatha or another platform.

Contributors
Contributors are solely responsible for asking questions and investigating campaign owners and campaigns to the extent they feel is necessary before making a contribution. All contributions are made voluntarily and at the sole discretion and risk of the contributor. Gazatha does not guarantee that contributions will be used as promised, that campaign owners will deliver rewards, or that the campaign will achieve its goals. Gazatha does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any campaign, reward or contribution, or the truth or accuracy of user content posted on the platform. Contributors are solely responsible for determining how to treat their contributions and receipt of any rewards for tax purposes. If a contribution is returned to a contributor, the associated rewards, if any, shall be cancelled.

Partners
Users may create a "partner page" on Gazatha's website to link their brand or organisation with one or more campaigns. If users create a partner page, users also agree to the partner terms.

User Content
While using the platform, users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "user content"). Users grant Gazatha a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute user content of any user on or in connection with the platform and our related marketing and promotional activities. As between users and Gazatha, users continue to hold all ownership interest in their user content. Each user represents and warrants that its user content and Gazatha's use of such user content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these terms or applicable law.

Payment Services
Campaign owners that accept PayPal and contributors that use PayPal in connection with a campaign acknowledge and agree to comply with PayPal’s crowdfunding and acceptable use policies. Credit card payment processing services for campaign owners on Gazatha are provided by PayFast (Pty) Ltd Stripe Inc. ("PayFast Stripe") and are subject to PayFast's End User Agreement and Privacy Policy the Stripe Connected Account Agreement, which include the Stripe terms of service. By continuing to operate as a campaign owner on Gazatha, you agree to be bound by the terms of use of Gazatha's payment service provider's and processor's, which may be modified by PayFast Stripe from time to time. As a condition to Gazatha enabling credit card payment processing services through PayFast Stripe, you agree to provide Gazatha accurate and complete information about you, your organisation and your business, and you authorise Gazatha to share any such information with PayFast Stripe, as well as transaction information related to your use of the payment processing services provided by PayFast Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any platform fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Indemnity
Each User agrees to defend, indemnify and hold harmless Gazatha, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the platform, breach of these terms or violation of any laws. Gazatha may assume the exclusive defence and control of any matter for which users have agreed to indemnify Gazatha and each user agrees to assist and cooperate with Gazatha in the defence or settlement of any such matters.

No Warranty
Gazatha has no fiduciary duty to any user. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.

Limitation of Liability
GAZATHA (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENCORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED RANDS (R100.00) OR THE FEES PAID TO GAZATHA FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GAZATHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Assignment
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Gazatha without restriction or consent.

Disclaimers
Campaign owners and other users should be aware of laws and regulations governing soliciting funds for charitable or social causes, whether this be directly or indirectly. Gazatha merely provides a technology platform to allow campaign owners to connect with contributors. Users who access or use the platform do so at their own volition and are entirely responsible for compliance with applicable laws.

Gazatha makes no representations, warranties or other assertions as to the potential tax deductible status of any contribution by a contributor to a charitable cause or to a campaign whose purported recipient is a registered non-profit organisation. The listing of an organisation via the platform does not necessarily mean that the organisation has been deemed - or remains currently deemed - a charitable or tax-advantaged organisation.

Cooperation with Authorities and Police Enforcement
Gazatha will cooperate with law enforcement authorities as required by law. Gazatha will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the platform when requested.

Notification Procedures
Users agree Gazatha may provide notifications to such user via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Changes to Terms
Gazatha may alter these terms at any time, so please review them frequently. If a material change is made, Gazatha may notify users of the platform, by email, by means of a notice on the platform, or other places we think appropriate. A "material change" will be determined at Gazatha's sole discretion, in good faith, and using common sense and reasonable judgement.

Gazatha understands how important it is for your personal information to be protected. This Privacy Policy will outline what personal information will be collected, how it will be used and how you can manage your personal information.

This Privacy Policy should be read along with our Terms of Use, Trust & Safety, Partner Terms, Coolie Policy as well as all other operating rules, policies, procedures, additional terms and conditions published on our website.

Personal Information

Personal Info that you provide may include your name, email address, postal address, telephone number and country of residence. We use your personal information to operate, maintain and provide you with a Service. This information will be kept confidential and is only used to (but not limited to) identify you when you sign-in to your account, to respond to queries, complaints, customer service requests or job application, conduct research and analysis so as to improve our Service and to communicate with you.

If you create a Campaign or join as a Campaign team member, the following information will need to be provided

  • Your name or business, charity or NGO name
  • Your physical address
  • Your contact details (telephone)
  • Your date of birth
  • Your company Tax number for businesses, charities and NGOs
  • Your bank account information.

If you are a Contributor, the following information will need to be provided

  • Your name or business name
  • Your email address
  • Ship-to information for rewards
  • Your billing name and address

You may be asked to provide other information such your government issued identification number, gender and/or other personally identifiable information that we may need for verification.

Gazatha Project Creators do not have access to your credit card details or other payment information.

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