Terms

Sport4Change

Terms and Conditions

1. Thanks for using Sport4Change and choosing to make a positive difference.

Welcome to SPORTING FREEDOM PTY LTD (K2020247026) based in South Africa, Known and trading as “Sport4Change” with Directors Mark Andrianatos and Daniel Seha, and thank you for using this website (the Site). 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 (which you are also agreeing to by using the Services). Sport4Change may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Sport4Change is only for your personal, non-commercial use. Sport4Change is for online fundraisers (referred to here as campaigns) that collect monetary donations only. Requests for donations in kind or the offer of rewards for donations are not permitted on the site. We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Sport4Change facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers.

2. Registration of a campaign for a charity, a campaign for an individual need, or registration of a charity

All information and content provided by Sport4Change relating to the Services is for informational purposes only, and Sport4Change does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

We reserve the right to cancel your campaign or charity registration if you do not comply with any of these Terms.

Sport4Change does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organiser or Charity or initiate campaigns ourselves. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose.

You may be required to register with Sport4Change to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself or your Charity as prompted by the Services' registration form. Campaign Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Campaign Organizer or the Beneficiary of such campaign. You agree to keep registration information current and up to date. You are responsible for all the activity on your account, and for keeping your password confidential.

To register a charity, you must be at least 18 years old. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction, and over the age of 13 (16 in Europe) you may use the Services, with or without registering, only with the approval of your parent or guardian.

The Sport4Change platform offers to help Campaign Organizers raise money. Sport4Change merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by Sport4Change, and Sport4Change does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Sport4Change shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign, or event.

Donors:

All Donations are at your own risk. When you donate through Sport4Change, it is your responsibility to understand how your money will be used. Sport4Change is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws.

Donations:

In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Sport4Change information regarding its credit card or other payment instrument (“PayPal”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to Sport4Change that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Sport4Change, in its sole discretion, agrees to issue a refund. Sport4Change uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our payment processors pursuant to any and all applicable terms set forth by our payment partners

Charities:

If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose.

Campaign Organizer:

You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Sport4Change, and Sport4Change reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

3. Please do not do the following

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

  • Content that is harmful to others or may cause reputational harm (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.
  • Banking details of the beneficiary or campaign creator on a campaign page, charity profile page, or anywhere on the Sport4Change site.
  • 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 Sport4Change network or one of its users’ computers, including the distribution of malware, viruses, Trojan horses, or any other harmful piece of software.
  • Campaign content that contains the offer of any contest, competition giveaway, sweepstakes, offering monetary or other rewards for donations,
  • Annuities, investments, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
  • Credit repair or debt settlement services.
  • Details of a pending or current legal case which contain content that may be defamatory to the complainant or defendant.

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 Sport4Change projects. Do not share or distribute any user information without their permission.
  • Interfering with the working of Sport4Change – 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 Sport4Change 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 Sport4Change.
  • Attempting to obtain personal information of Sport4Change or its users – you may not attempt to gain unauthorised access to any data, password, or any other restricted information which belongs to Sport4Change, its affiliates, or any user of its site; and
  • Putting strain on Sport4Change’s infrastructure – you may not engage in any activity that places a disproportionately large load on the infrastructure of Sport4Change or its affiliates.

4. Contract between Charity and Contributor

Sport4Change provides a funding platform for charities and charitable projects. When someone publishes a charitable project on Sport4Change, they invite other people to form a legal contract with them. Anyone who contributes to a charity (a donor) is accepting the charity’s offer and forming that contract.

Sport4Change 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.          
  • Sport4Change 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.
  • When donating to a campaign for a charity, the charity will receive certain information such as donor names and email addresses. It is the charity’s responsibility to keep this information private and use it solely for the purposes of participating in the Sport4Change projects. Do not share or distribute any user information without their permission.

 

 

5. Contract between beneficiaries of individual campaigns and Contributor

Individual campaigns are fundraisers for a person or group that is/are not affiliated with a registered charity.

While every effort will be taken to ‘vet’ campaigns for individuals, Sport4Change ultimately cannot warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient individual's use of any donation you may make through the website or for any misuse or non-use of such donations by the recipient individual cause.

After donations are made, all further dealings are solely between the donor and such recipient.

Sport4Change shall have no liability to donors whatsoever for any use or misuse of donations made to a Sport4Change Crowdfunding page. The Sport4Change Crowdfunding page may state that they will use donations only for specific purposes, but Sport4Change cannot guarantee that they will use it for such purpose.

It is your sole responsibility, as a user of the site, to ensure that the cause stated to be supported on a relevant Sport4Change page is one that you wish to support.

6. Vetting Individual Campaigns

Individual campaigns are not automatically created or accommodated on the platform. Each campaign will be reviewed based on content provided by this/the submission form.

Campaign Organizers must register using their true identities, including their name and any image or video purporting to depict the Campaign Organizer or the beneficiary of such campaign.

Sport4Change takes integrity of individual campaigns seriously and will endeavour to ensure there is sufficient evidence for the legitimacy of campaign content. To this end, there are criteria in place that need to be met before a campaign is activated on the platform.

We reserve the right to decline campaigns based on the following criteria:

  • Insufficient supporting information and/or campaign copy. This includes but is not limited to a lack of appropriate contactable references or supporting documentation that can be used to verify the campaign ‘cause’ at any stage of the process.
  • Monetary targets that are not proportionate to the cause as stated in the campaign copy
  • Campaigns that are raising funds for investment, speculation, or gambling.
  • Campaigns that offer rewards or entry into a competition/raffle
  • Campaigns that display inappropriate images or images subject to copyright

While Sport4Change strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Sport4Change does not guarantee that Withdrawals will be available to you within any specific time frame, and Sport4Change expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Sport4Change to process a Withdrawal, including your bank account information, is accurate and up to date. Sport4Change may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. Sport4Change is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Sport4Change issuing refunds, including, but not limited to transaction or overdraft fees.

7. What we do and do not do

Responsibility for using donation money as advertised rests entirely with the charity or campaign creator.

We charge our fees before putting funds into a charity’s account. We (and our payment partners) will subtract fees and banking charges before transmitting the proceeds of a campaign.

We do not 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 do not 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, Sport4Change does not guarantee that donations to charities will be tax deductible.

If you are a charity or campaign creator, do not 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 do not become involved in disputes between users, or between users and any third party relating to the use of the Services. Sport4Change will, however, investigate charity profiles or campaigns should we receive 2 or more complaints in writing about the charity or campaign.

Sport4Change does not 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.

Taxes:

It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report, or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sport4Change of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Sport4Change will not be liable for any loss or damage arising from your failure to comply with this Section.

8. Our Fees/Administrative Costs

Sport4Change administrative cost = 10% 

The transaction fee covers the cost the financial services we provide. Including, the banking & payment gateway fees, the vetting of the campaigns and the post campaign administration and tracking of campaigns.

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Sport4Change bank account, the
details of which will be provided on request.

Card transactions will be acquired for Sport4Change via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by Sport4Change separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.

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

Funds are collected from the 1st – 30th of each month and payed out as soon as requested and processed..

VAT Reg No:

9. 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. Sport4Change 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.

Sport4Change does not become the owner of the content that you post on your page. However, Sport4Change does require some control over your content to perform the Services. Once you post information on your page, you grant Sport4Change a worldwide, irrevocable, non-exclusive, continuous, and royalty-free right to use, reproduce, display, and distribute the content that you post. Sport4Change 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 always obliged to respect Sport4Change’s protections. Content that appears on the Sport4Change 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 Sport4Change site for commercial gain, without prior permission from the relevant copyright holder.

Sport4Change reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

“Sport4Change”, “sport4change.co.za”, “Sport4Change” and the Sport4Change logo are protected under trademark registration and any unauthorised use of these marks is prohibited.

Sport4Changes’s intellectual property policy is informed by the Trademarks 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.

You acknowledge that Sport4Change has no obligation to you to retain data relating to any account or Campaign. You acknowledge that Sport4Change reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Sport4Change, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Sport4Change from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Sport4Change, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Sport4Change.

10. Our Rights

Sport4Change reserves the right:

  • To make changes to the Site and Services without notice or liability.
  • To decide who is eligible to use Sport4Change. 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 Sport4Change in that jurisdiction;
  • If 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.
  • To redistribute funds that that have not been claimed after a 12-month period, to be used to further the charitable aims of Sport4Change. 

Sport4Change is not liable for any damages because 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.

Under no circumstances will Sport4Change be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Sport4Change does not pre-screen User Content, but that Sport4Change and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

11. Disclaimer, Indemnity and Limitation of Liability

You use the Services solely at your own risk. They are provided to you 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 Sport4Change (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 Sport4Change acting beyond the scope of their authority). In no event shall our liability for direct damages be more than (in the aggregate) one thousand Rand. 

By using the Services, you release Sport4Change 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.

Without limiting the foregoing, you agree:

Not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:

  • The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services.
  • Any election campaigns that are not run by a registered organization within the supported country.
  • User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible.
  • Drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
  • Knives, explosives, ammunition, firearms, or other weaponry or accessories.
  • Annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
  • Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;

User Content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;

Campaign that we deem, in our sole discretion, to be for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases, or financial crimes or crimes of deception;

  • Pornography or other sexual content.
  • Offensive, graphic, perverse, or sensitive content.
  • The sale of items before the seller has control or possession of the item.
  • Collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Sport4Change.
  • Credit repair or debt settlement services.
  • The receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign.
  • Publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm.
  • Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value.
  • Aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds.
  • Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
  • Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party.
  • Collecting or providing funds for any purpose other than as described in a Campaign description.
  • Any other activity that Sport4Change may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
  • Any other activity that Sport4Change may deem in its sole discretion to be unacceptable.
  • Not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of GoFundMe, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Sport4Change or its users to any harm or liability of any type;
  • Not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
  • Not to harvest, collect or publish personally identifiable information of others.
  • Not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
  • Not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party.
  • Not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
  • Not create any liability for Sport4Change or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.
  • Not to engage in any conduct that, in Sport4Change’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services.
  • Not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks Sport4Change uses to provide the Services.
  • Not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means.
  • Not to obtain or attempt to obtain any materials or information not intentionally made available through the Services.
  • Not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted.
  • Not to engage in advertising or commercial solicitation of any product or service without GoFundMe’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted.
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or

Attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations you make or accept through the Services, you agree:

  • Not to make or accept any Donations that you know or suspect to be erroneous, suspicious, or fraudulent.
  • To maintain security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by GoFundMe from time to time.
  • To maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Sport4Change to verify compliance with these Terms of Service and make such records available to Sport4Change upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
  • At Sport4Change’s request, including without limitation in case of investigations by Sport4Change, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Sport4Change reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Sport4Change, or that expose you, Sport4Change, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.

You agree to release, indemnify on demand and hold Sport4Change and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.

12. Dispute Resolution and Governing Law

If you have any complaints or believe that we have caused you any loss or harm, please contact us (using the contact details provided on our website) 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.

13. The Boilerplates

These Terms constitute the entire agreement between you and Sport4Change with regard to the Services. Neither you nor Sport4Change 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 Sport4Change.

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 cannot 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.

All information and content provided by Sport4Change relating to the Services is for informational purposes only, and Sport4Change does not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

Sport4Change has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign, or event.

Sport4Change 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.

This website is governed by the laws of South Africa and Sport4Change 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. 

Company Physical Address: 14 Paul Street Menkenkop, Hartenbos, Western Cape, 6520
Email: sport4change1@gmail.com
Telephone: +27 72 725 7540

Well done and thanks for reading these Terms…and welcome to Sport4Change!