The NGOConnect Africa website is operated by NGOConnect Africa, a registered non-profit organisation, (Assoc. Inc. under Sec.21) Reg. No. 2009/006038/08, also referred to as "we", "us" and “our” hereafter. Please read these Terms of Service carefully before proceeding to use this website. Without prejudice to the above, by accessing or using this website, you agree to be legally bound by these Terms of Serviceas they apply to your use of or access to this website. If you do not wish to be bound by these Terms of Servicethen you should not use our website.
Please note that these Terms of Service only apply to your use of or access to this website. Individuals or organisations met through, linked to by, or associated in any way with our website may have their own Terms of Service and Privacy Policies.
What law governs this Agreement?
The user hereby agrees that the law applicable to these Terms of Service of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa. This web site is owned, hosted and maintained within the Republic of South Africa. When using this site and agreeing to these Terms of Service such use and agreement is deemed to have taken place in Cape Town, South Africa. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002. A copy of the ECT Act can be viewed at: http://www.acts.co.za/ect_act/ or http://www.info.gov.za/gazette/acts/2002/a25-02.pdf.
Due to the nature of the website, users are encouraged to actively engage with and respond to the content contained therein; however, all opinions, statements and accuracy of such content is not by implication reflected by the NGOConnect Africa project as a whole, nor do they represent the views shared by the staff, employees, agents or authorised representatives of NGOConnect Africa.
Receipt of Data Messages
Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to. A data messages sent by the web site owner to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient. The web site owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
Monitoring and Interception of Data Messages
In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
Use of forums and other communications
Users and members irrevocably agree that all content provided by them, whether posted on their site or elsewhere or where privately transmitted, is and remains the sole responsibility of the member from which such content originated. The web site owner does not control any content posted through the services which it provides, although it retains the right (but not obligation), in its sole and absolute discretion, to remove any material which is the subject of a complaint. Users and members agree that they will not utilise this web site or any service provided on it to:
• Upload, post or otherwise transmit any content that is unlawful or illegal;
• Upload, post or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
• Upload, post or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
• Harm or unfairly target minors;
• Stalk or harass other users;
• Impersonate any person connected to this web site or any service provided on it or otherwise misrepresent their association with any such person;
• Take any measures to disguise the origin of any content;
• Take any measures to restrict access to any part of the web site, including the use of passwords and hidden pages;
• Upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
• Use this web site or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
• Upload, post or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this web site or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation;
• Collect and / or store data on any other user or users;
• Engage in any commercial activity without the prior written consent of the web site user, which consent shall not be unreasonably withheld; or
• Misrepresent the nature of their membership.
While we take all reasonable security precautions and subject to , no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site. The following acts in connection with this web site are expressly prohibited:
• Gaining or attempting to gain unauthorised access to any web page or part of this web site;
• Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or
• Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.
We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorised access to any page on or part of this web site.
Limitation of Liability
We do not warrant or represent that this website or any part of it will be uninterrupted, reliable or fault free, nor that its contents will be accurate or complete.
We exclude any and all liability for damages howsoever caused as a result of using or accessing this website or using any information provided on these pages, including without limitation, any damage which is or represents loss of goodwill revenue or profit or failure to achieve any benefit expected from use of this website, loss of use of any asset, loss of data, liability of any user of this website to any third party and any loss which is otherwise indirect or consequential. However, notwithstanding the above, nothing in these Terms of Service shall exclude liability for death or personal injury resulting from our negligence or that of our employees, agents or authorised representatives, or for any fraudulent misrepresentation made by us, our employees, agents or authorised representatives, or for any other liability the exclusion of which would not be permitted under South African law.
Each of the exclusions or limitations in these Terms of Service shall be construed as a separate severable provision of these Terms of Service. If any provision of these Terms of Service is found to be invalid or unenforceable but would be valid and enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
NGOConnect Africa uses reasonable endeavours to prevent contamination by known viruses and to maintain the security of this website but no warranty is given that this website or its contents or hyperlinks are virus free or uncontaminated, nor can we guarantee that the website may not be affected (or indeed be caused to fail or stop) by deliberate damage by hackers, failure of plant, machinery, equipment or computers, power failure, failure of telecommunications lines or any criminal action.
You are advised to undertake your own virus checks and to implement your own precautions in this respect. All liability for any such damage is hereby expressly excluded to the extent permitted by law.
The incorporation of any links to other third party sites is for your convenience and reference only and does not imply that we approve or endorse the contents of that site or the material available from it and NGOConnect Africa does not control and is not responsible for the content of any such sites in terms of their accuracy, suitability, legality or otherwise. No warranty is given that the links are accurate.
Operation of Website
We have endeavoured to design and optimise this website for our likely users. However, no warranty is given that it will be compatible with all operation systems, browsers or computer hardware or software. To the extent permitted by law, NGOConnect Africa will not be liable for any losses caused by any such incompatibility.
Law and Jurisdiction
Your use of this website is governed by, and these Terms of Service shall be interpreted in accordance with, the laws of South Africa. You hereby consent to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of this website.
Unless otherwise stated, all material on this website falls under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 South Africa Licence (http://creativecommons.org/licenses/by-nc-sa/2.5/za/). Users of the website are free to share (copy, distribute and transmit) and adapt the work provided that:
• You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work); and
• If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
By contributing to this website or any of its parts, users agree to share their contributions under the same licence, unless specifically agreed otherwise, in writing with NGOConnect Africa .
Under exceptional circumstances, some items on this website might be licensed or protected by copyright laws and shall remain the intellectual property of its respective owners, their partners or other third party licensors. Such copyright materials shall not be used, reproduced, alter, modified, distributed or republished without our and (if applicable) the relevant partner's or other licensor's written consent, save for downloading such material in accordance with Copyright and Reproduction stated below.
The designs, logos and graphics of this website shall remain the intellectual property and under copyright of NGOConnect Africa
Copyright and Reproduction
Users may copy individual sections of any document on the website either electronically or on hard copy provided that:
• The integrity of the material is maintained, NGOConnect Africa and/or the author(s) is/are acknowledged as its source and NGOConnect Africa website URL is given;
• If the material is transferred to hard copy, such transfer is limited to ten copies.
Other than as permitted by this clause, or where the prior written consent of NGOConnect Africa and/or the author(s), and, if applicable, any third party licensor, is obtained, reproduction is only permitted on the following conditions:
• That such reproduction is by way of a download to a temporary file into your normal temporary internet files directory/folder (or equivalent) for your personal use and not deliberately saved to any other part of any hard drive and/or transferred to any other party;
• That if it is for provision to a third party (including other people within your organisation), such reproduction is not for commercial purposes and the third party is made aware that these conditions apply to it and its use of the material.
Termination of this agreement
The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:
• The web site owner regards the action or inaction of a user to constitute a breach of these Terms of Service;
• The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.
• Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.
Should you have any queries with regard to these Terms of Service, please contact our office at the details provided below.
Postnet Suite 167, Private Bag X15,
Somerset West, 7129
T: +27 21 851 9446