Tries for Lives NPC t/a Sport for Lives (“Sport for Lives”)
Terms and Conditions
For purposes of these Terms and Conditions, the following terms, when used herein, shall bear the meanings ascribed to them below:
- “Campaign” shall mean any campaign created by a Campaign Manager for purposes of raising funds for a Non-Profit Organisation, utilising the platform and services provided by Sport for Lives and “Campaigns” shall have the corresponding meaning;
- “Campaign Manager” shall mean the person/s who creates a Campaign and who utilises the platform and services provided by Sport for Lives and which person/s shall be required to expressly accept these Terms and Conditions prior to commencing with a Campaign. “Campaign Managers” shall have the corresponding meaning;
- “Contributors” shall mean the persons who pledge funds towards the Campaigns and “Contributor” shall have the corresponding meaning;
- “Non-Profit Organisation” shall mean the non-profit organisation elected by the Campaign Manager and approved by Sport for Lives for purposes of the applicable Campaign, each of which Non-Profit Organisation shall be required to expressly accept these Terms and Conditions prior to the commencement of the Campaign and “Non-Profit Organisations” shall have the corresponding meaning;
- “Services” shall mean the services rendered by Sport for Lives via our website in relation to the Campaigns; and
- “Website” means the Sport for Lives website.
Registration of a campaign for a Non-Profit Organisation partner:
If you would like to create a campaign to raise funds for a Non-Profit Organisation, you can do so through our Website once you have elected to accept these Terms and Conditions, however, the information you give us must be accurate, true, complete, and up to date. We reserve the right to cancel or put your Campaign on hold if you do not comply with any of these Terms and Conditions.
A Campaign for a Non-Profit Organisation can be created by a minor acting with the consent and assistance of his/her legal guardian.
Campaign Managers must register using their true identities.
Each campaign will be reviewed based on content provided by this campaign submission form. Each campaign will remain “pending” until everything has been checked thoroughly by the Sport for Lives Team, for a period of 48-72 hours, although at peak times this could be up to 10 days.
Sport for Lives reserves the right to screen the Non-Profit Organisation partners for sound financial management, good governance, and a track record of integrity. Should a Non-Profit Organisation not prove sound in any of the above, Sport for Lives has the right to withdraw their services from the Campaign altogether. It is therefore imperative that all Campaign Managers wait for the approval from the Sport for Lives Screening team before proceeding with any advertising of their Campaign, from ‘word-of-mouth’ to private social media platforms.
We reserve the right to decline campaigns based on the following criteria:
- Insufficient supporting information in the campaign write up.
- Monetary targets that are not proportionate to the cause as stated in the campaign write up.
- 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
Sport for Lives does not guarantee that a Campaign will obtain a certain amount of donations or any donations at all. We do, however, endorse all our Campaigns and agree to promote them on our social media platforms to raise awareness.
Please do not do any of the following:
By using our Website, 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.
- 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.
- Content which in any way threatens the security of the Sport for Lives’ network or one of its users’ computers, including the distribution of malware, viruses, Trojan horses, or any other harmful piece of software.
- 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:
- Distributing other people’s private information – when you use the Services — whether as a Campaign Manager, Contributor or Non-Profit Organisation — you will receive certain information regarding other users of the Website, such as their names and their email addresses. Please keep this information private and use it solely for the purposes of participating in the Campaign. Do not share or distribute any user information without their permission.
- Bypassing any security – you may not bypass any of the security measures that Sport for Lives has put into place to restrict access to certain sections of the Website.
- Attempting to obtain personal information from Sport for Lives or its users – you may not attempt to gain unauthorised access to any data, password, or any other restricted information which belongs to Sport for Lives, its affiliates, or any user of its Website.
Sport for Lives and the campaign manager:
Sport for Lives provides a funding platform for Campaigns and Campaign Managers. Campaign guidance is available throughout the duration of the Campaign.
Sport for Lives reserves the right to choose which Campaigns feature on the landing page of the website.
The Non-Profit Organisation partner enters a partnership with the Sport for Lives Team and the Campaign Manager and is responsible for:
When a Campaign is completed with successful funding, the Non-Profit Organisation must use the funds for the purpose advertised. Once it has done this, it has satisfied its obligation to its Contributors.
Throughout the process, the Non-Profit Organisation partner owes their Contributors a high standard of effort, honesty, transparency, and a commitment to achieving the advertised goals of that Campaign.
If Non-Profit Organisation partners are unable to satisfy the terms of their agreement, they may be subject to legal action by Sport for Lives.
Contributors are responsible for:
Understanding that there could be delays in a Non-Profit Organisation achieving what it has set out to do.
Honouring their pledges before the Campaign closing date.
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.
The Website may contain links to other websites. When you access these websites, you do so at your own risk.
Our Fees/Administrative Costs:
Upon the completion of a fundraising Campaign, we will release the funds raised into the account of your nominated Non-Profit Organisation, minus the 10% Sport For Lives admin fees which we will retain. The administration fee covers the cost of the financial and other services we provide. This includes, the banking fees, the vetting of the Campaigns and Non-Profit Organisations, post campaign administration, tracking of Campaigns and general support, maintaining social media platforms and growing the Sport for Lives brand.
Payment partner fees:
Debit/Credit Card – 2.9%
PayPal – 2.9% + VAT
EFT – R12 Flat Rate
International EFT – Variable
Zapper – 2.9%
PayFast – 1.5%
Protection of Intellectual Property:
As a Campaign Manager, you own your ideas and the content that you post on your Campaign page. This means that you are solely responsible for the content that appears on your page. Sport for Lives 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 of 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.
Sport for Lives does require some control over your Campaign content. Sport for Lives is entitled to modify, delete, translate or reformat the content that is posted on your Campaign page.
The Services are legally protected by copyright, intellectual property rights and other rights and laws. You are obliged to always respect Sport for Lives’ protections. Content that appears on the Sport for Lives 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 Sport for Lives site for commercial gain, without prior permission from the relevant copyright holder.
The Sport for Lives logos (Including: Run for Lives, Swim for Lives, Goals for Lives, Hoops for Lives, Birdies for Lives, Surf for Lives, Tries for Lives, Wickets for Lives, Boundaries for Lives, Cycle for Lives and the like) are protected under trademark registration and any unauthorised use of these marks is prohibited. Copyright subsists in all of the material on this website.
Sport for Lives 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.
Sport for Lives reserves the right to:
- Make changes to the Website and Services without notice or liability.
- Decide who is eligible to use Sport for Lives. We can cancel accounts, decline to offer our Services and can change our eligibility criteria at any time. If anything, relating to our Website is prohibited by law where you live, then we revoke your right to use Sport for Lives in that jurisdiction.
- Suspend website services, if any system or programme maintenance of any sort is required, until such time as these have been completed.
- Cancel any pledge to any Campaign, at any time and for any reason.
- Reject, cancel, interrupt, remove, or suspend any Campaign at any time and for any reason.
- Retain all interest received from funds held until pay out to the Non-Profit Organisation.
Sport for Lives 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.
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 expressed 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 and Conditions, 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 Sport for Lives (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 Website (including hackers or employees/agents of Sport for Lives 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 Sport for Lives 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.
Protection of personal information
For the purposes of this clause, the terms “Personal Information” and “Processing” shall bear the meanings assigned to then in the Protection of Personal Information Act 4 of 2013 (“POPI Act”)
Sport for Lives, all Contributors, Campaign Managers and Non-Profit Organisations benefiting from the Campaigns shall be required to secure the confidentiality and integrity of all Personal Information of the other party Processed by it/him/her or on its/his/her behalf in accordance with the provisions of the POPI Act.
Sport for Lives shall:
- Maintain industry standard administrative, physical and technical safeguards for the protection, security, confidentiality and integrity of the Personal Information in its custody and control and shall ensure that it remains compliant with the provisions of the POPI Act;
- Not sell, transfer, lease, or otherwise commercially exploit the Personal Information of any Campaign Manager, Non-Profit Organisation or Contributor.
The Campaign Managers, Non-Profit Organisations and/or the Contributors shall:
- Use the Sport for Lives’ Personal Information for no other purpose other than to perform their obligations and exercise their rights in terms of these Terms and Conditions and shall make no such Personal Information available to any third party save as provided for in these Terms and Conditions and as required for the performance of the agreement entered into with Sport for Lives;
- Maintain industry standard administrative, physical and technical safeguards for the protection, security, confidentiality and integrity of Sport for Lives’ Personal Information in his/her/its custody and shall ensure that he/she/it remains compliant with the provisions of the POPI Act at all times;
- Not sell, transfer, lease, or otherwise commercially exploit Sport for Lives’ Personal Information.
Sport for Lives shall retain all right, title, and interest in and to its Personal Information. The Champaign Manager, Non-Profit Organisations and Contributors shall not sell, transfer, lease, or otherwise commercially exploit Sport for Lives’ Personal Information or any other Personal Information provided to him/her/it by Sport for Lives.
The Campaign Managers, Non-Profit Organisations and Contributors shall each respectively retain all right, title, and interest in and to their own Personal Information. Sport for Lives shall not sell, transfer, lease, or otherwise commercially exploit the Personal Information of the Champaign Managers, Non-Profit Organisations, or the Contributors.
Dispute Resolution and Governing Law:
If you have any complaints or believe that we have caused you any loss or harm, please contact us (firstname.lastname@example.org) 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 in any dispute arising from or in connection with these Terms.
Thank you for reading through and agreeing to our Terms and Conditions.
Welcome, as you now join the Sport for Lives movement!