Tries for Lives NPC t/a Sport For Lives (“Sport For Lives”)

Terms and Conditions

Welcome to Sport For Lives and thank you for joining the Sport For Lives movement. We are a registered NPC (Registration number 2020/165402/08). By using our website and our services you agree to these Terms and Conditions. 

Definitions

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 deemed to have accepted these Terms and Conditions by commencing with a Campaign, utilising the Platform and Services provided by Sport For Lives. “Campaign Managers” shall have the corresponding meaning;

• “Campaign Submission Form” means the form found on our Website that is required to be completed in order to register a Campaign;
• “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, with the Campaign Manager ensuring that each such Non-Profit Organisation accept these Terms and Conditions prior to the commencement of the Campaign and “Non-Profit Organisations” shall have the corresponding meaning;

• “Platform” shall mean the platform created and administered by Sport For Lives for the raising of funds relevant to the Campaigns;
• “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:

If you would like to create a Campaign to raise funds for a Non-Profit Organisation, you can do so by registering a Campaign on our Website via completion of a Campaign Submission Form. By the utilisation of our Platform and Services via our Website, you agree to be bound by these Terms and Conditions. We reserve the right to cancel or put any Campaign on hold if you do not comply with any of these Terms and Conditions.

Campaign Managers must register Campaigns using their true identities. A Campaign for a Non-Profit Organisation can be created by a minor acting with the consent and assistance of the minor’s legal guardian and Sport For Lives undertakes no obligation to verify that such consent has been obtained.

When completing a Campaign Submission Form, the information you provide must be accurate, true, complete, and up to date.

Each Campaign will be reviewed based on the information provided in the Campaign Submission Form. Each Campaign will remain “pending” until everything has been checked thoroughly by Sport For Lives. This may take anywhere from 48hours to up to 5 business days during busy periods.

While making no undertaking or warranty in regard thereto, Sport For Lives will use its best endeavours to screen nominated Non-Profit Organisations for sound financial management, good governance, and a track record of integrity. Should a Non-Profit Organisation be deemed to not be sound from a financial management or governance point of view, Sport For Lives may assist the Campaign Manager to identify an alternative suitable Non-Profit Organisation. If an alternative suitable Non-Profit Organisation cannot be agreed, Sport For Lives reserves the right to cancel the Campaign altogether. It is imperative that all Campaign Managers wait for the approval from Sport For Lives before proceeding with any advertising of their Campaign, from ‘word-of-mouth’ to private social media platforms.

We reserve the right to decline Campaigns at our sole discretion, for reasons including but not limited to the following:

• 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. Sport For Lives reserves the right to choose which Campaigns feature on the landing page of the website.

Use of the Sport For Lives Website:

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.
• Content that promises or references payment of 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.
• Content that references 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 further 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.

The Website may contain links to other websites. When you access these websites, you do so at your own risk.

The Non-Profit Organisation is responsible for:

Throughout the process, the Non-Profit Organisation owes their Contributors a high standard of effort, honesty, transparency.

When a Campaign is completed with successful funding, the Non-Profit Organisation undertakes to use the funds for the purpose advertised. The Sport For Lives team will verify the Non-Profit Organisation’s use of funds raised, ensuring that the Non-Profit Organisation satisfies its obligation to its Contributors.

Where a Campaign does not achieve the target amount, or wherever necessary to do so, Sport For Lives will liaise with the Campaign Manager and the Non-Profit Organisation to agree on a suitable alternative use of the funds raised during a Campaign.

If a Non-Profit Organisation is unable to satisfy the terms of their agreement, they may be subject to legal action by Sport For Lives.

Contributors are responsible for:

Contributors agree to timeously honour their pledges. Sport For Lives will send to Contributors an invoice for amounts pledged that become payable within 14 days of receipt of an invoice, before the Campaign closing date.

Contributors acknowledge that there could be delays in a Non-Profit Organisation 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.

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. Sport For Lives will deduct from funds raised a 10% administration fee that covers the cost associated with the Platform and Services provided by Sport For Lives. Such costs include but are not limited to the conducting of due diligence on Non-Profit Organisation, Campaign support, Campaign publication and awareness, post Campaign administration, tracking of Campaigns, the maintenance of social media platforms as well as banking and other applicable fees. In addition, and in order to cover its costs, Sport For Lives retains all interest accrued on funds donated prior to amounts donated being paid out to the Non-Profit Organisation.

Payment partner fees:

The following payment partner fees will be deducted from any funds pledged:

Debit/Credit Card – 2.9%
PayPal – 2.9% + VAT
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.

That said, Sport For Lives does require control over your Campaign content and you consent to Sport For Lives being 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 not be used and reproduced by you. You may not use any content that appears on the Sport For Lives site 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.

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 commit any wrongful action and or break any of the promises you make in these Terms and Conditions, you hereby indemnify Sport For Lives and agree to defend and hold Sport For Lives harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that may arise from or relate to such action.

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:

• Utilise the Personal Information provided to it by the Campaign Managers, Non-Profit Organisations and/or Contributors for no other purpose other than to perform its Services and to exercise its 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 in the Privacy Policy;
• 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 consent to the processing of their personal information disclosed to Sport For Lives for purposes set out in these Terms and Conditions and purposes related thereto and 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 (info@sportforlives.org) first before resorting to legal action.

In the unfortunate situation where legal action does arise, these Terms and Conditions (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 Magistrates 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!