Terms and Conditions

Effective Date: 15 April 2023

Uthando Africa

Email: support@uthandoafrica.com

Website: www.uthandoafrica.com

Introduction

Welcome to Uthando Africa, a crowdfunding platform dedicated to empowering non-profit organizations, community-based organizations, and individuals working towards sustainable development initiatives in Africa. The purpose of this Terms and Conditions document is to outline the rules, guidelines, and legal requirements governing the use of our platform and services. By accessing, browsing, or using Uthando Africa, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not accept these terms, you must not use our platform.

Definitions

For the purpose of these Terms and Conditions, the following definitions apply:

1. "User" refers to any individual or organization that accesses, browses, or uses the Uthando Africa platform, regardless of whether they have registered an account.
2. "Project Creator" denotes any individual or organization that submits a project proposal to raise funds on the Uthando Africa platform.
3. "Donor" signifies any individual or organization that makes a financial contribution to a project listed on the Uthando Africa platform.
4. "Platform" refers to the Uthando Africa website, mobile application, and any other online services provided by Uthando Africa.
5. "Services" include all features, functionalities, and support offered by Uthando Africa through the platform.

Account Registration and Management

Eligibility Criteria

To register an account on Uthando Africa, users must meet the following eligibility criteria:

1. Be at least 18 years old, or the age of majority in their jurisdiction of residence.
2. Have the legal capacity to enter into a binding agreement with Uthando Africa.
3. Be able and willing to comply with all applicable laws, regulations, and these Terms and Conditions.

User Responsibilities

By registering an account on Uthando Africa, users agree to:

1. Provide accurate, current, and complete information about themselves as prompted during the registration process.
2. Maintain the confidentiality of their account credentials, including their username and password.
3. Notify Uthando Africa immediately of any unauthorized use of their account or any other breach of security.
4. Be solely responsible for all activities that occur under their account, including any content uploaded, posted, or transmitted through the platform.

Termination of Accounts

Uthando Africa reserves the right to suspend or terminate a user's account and access to the platform at any time, without notice, for any reason, including but not limited to:

1. Breach of these Terms and Conditions or any other policies or guidelines posted on the platform.
2. Conduct that Uthando Africa, in its sole discretion, deems harmful, offensive, or otherwise inappropriate.
3. Any fraudulent, deceptive, or illegal activities.
4. Project Submission and Approval

Criteria for Submitting Projects

To submit a project for crowdfunding on Uthando Africa, Project Creators must ensure that their proposal:

1. Aligns with one or more of the United Nations' Sustainable Development Goals (SDGs).
2. Demonstrates a clear and achievable plan for creating positive social, economic, or environmental impact.
3. Complies with all applicable laws, regulations, and ethical standards.
4. Provides a detailed budget and timeline for implementation.
5. Uthando Africa's Right to Review, Approve, or Reject Projects

Uthando Africa reserves the right, at its sole discretion, to review, approve, or reject any project submitted to the platform. This may include verifying the Project Creator's legal status, credentials, and the legitimacy of the project's objectives, budget, and implementation plan. Uthando Africa is not obligated to provide any reasons for rejecting a project.

Responsibilities of Project Creators

By submitting a project to Uthando Africa, Project Creators agree to:

1. Provide accurate, current, and complete information about their project, including objectives, budget, timeline, and impact indicators.
2. Update project information and progress regularly, ensuring that donors are kept informed of any significant changes or developments.
3. Use funds raised through the platform solely for the purposes outlined in their project proposal, as approved by Uthando Africa.
4. Comply with all applicable laws, regulations, and ethical standards during the implementation of their project.
5. Cooperate with Uthando Africa in the event of any inquiries, audits, or investigations related to the project.

Donations and Payments

Donation Process

Donors can contribute to projects listed on the Uthando Africa platform by following the platform's donation process. This may include selecting a donation amount, providing payment information, and confirming the transaction. The platform supports various payment methods, including credit cards, mobile money, and digital wallets, as well as multiple currencies to accommodate donors worldwide.

Refund Policy

Uthando Africa maintains a "no refunds" policy for donations made through the platform, except in cases of fraudulent transactions, technical errors, or as required by applicable law. Donors are encouraged to review their donations carefully before confirming their transactions.

Fees Associated with Using the Platform

Uthando Africa may charge fees to Project Creators for the use of its platform and services. These fees may include platform fees, payment processing fees, and any other applicable fees as determined by Uthando Africa. Detailed information on the fee structure will be provided to Project Creators during the project submission process and may be subject to change at Uthando Africa's discretion.

Intellectual Property Rights

Ownership of Content

All content uploaded, posted, or transmitted through the Uthando Africa platform, including but not limited to text, images, videos, and other materials, remains the property of the respective content owner. Uthando Africa does not claim ownership of any content submitted by users.

License to Use Content

By uploading, posting, or transmitting content to the Uthando Africa platform, users grant Uthando Africa a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, distribute, display, and perform the content in connection with the platform and its associated marketing and promotional activities. Users also agree that Uthando Africa has the right to sublicense the content to third parties for the same purposes.

Rules and Restrictions Regarding Copyrighted Materials

Users must ensure that they have the necessary rights and permissions to use any copyrighted materials they upload, post, or transmit through the Uthando Africa platform. Users are strictly prohibited from uploading, posting, or transmitting any content that infringes upon the intellectual property rights of others, including but not limited to copyright, trademark, and trade secret rights. Uthando Africa reserves the right to remove any content that it believes, in its sole discretion, violates these terms or any applicable law.

Account Registration and Management

Eligibility Criteria

To register an account on Uthando Africa, users must meet the following eligibility criteria:

1. Be at least 18 years old, or the age of majority in their jurisdiction of residence.
2. Have the legal capacity to enter into a binding agreement with Uthando Africa.
3. Be able and willing to comply with all applicable laws, regulations, and these Terms and Conditions.

User Responsibilities

By registering an account on Uthando Africa, users agree to:

1. Provide accurate, current, and complete information about themselves as prompted during the registration process.
2. Maintain the confidentiality of their account credentials, including their username and password.
3. Notify Uthando Africa immediately of any unauthorized use of their account or any other breach of security.
4. Be solely responsible for all activities that occur under their account, including any content uploaded, posted, or transmitted through the platform.

Termination of Accounts

Uthando Africa reserves the right to suspend or terminate a user's account and access to the platform at any time, without notice, for any reason, including but not limited to:

1. Breach of these Terms and Conditions or any other policies or guidelines posted on the platform.
2. Conduct that Uthando Africa, in its sole discretion, deems harmful, offensive, or otherwise inappropriate.
3. Any fraudulent, deceptive, or illegal activities.

Project Submission and Approval

Criteria for Submitting Projects

To submit a project for crowdfunding on Uthando Africa, Project Creators must ensure that their proposal:

1. Aligns with one or more of the United Nations' Sustainable Development Goals (SDGs).
2. Demonstrates a clear and achievable plan for creating positive social, economic, or environmental impact.
3. Complies with all applicable laws, regulations, and ethical standards.
4. Provides a detailed budget and timeline for implementation.

Uthando Africa's Right to Review, Approve, or Reject Projects

Uthando Africa reserves the right, at its sole discretion, to review, approve, or reject any project submitted to the platform. This may include verifying the Project Creator's legal status, credentials, and the legitimacy of the project's objectives, budget, and implementation plan. Uthando Africa is not obligated to provide any reasons for rejecting a project.

Responsibilities of Project Creators

By submitting a project to Uthando Africa, Project Creators agree to:

1. Provide accurate, current, and complete information about their project, including objectives, budget, timeline, and impact indicators.
2. Update project information and progress regularly, ensuring that donors are kept informed of any significant changes or developments.
3. Use funds raised through the platform solely for the purposes outlined in their project proposal, as approved by Uthando Africa.
4. Comply with all applicable laws, regulations, and ethical standards during the implementation of their project.
5. Cooperate with Uthando Africa in the event of any inquiries, audits, or investigations related to the project.

Donations and Payments

Donation Process

Donors can contribute to projects listed on the Uthando Africa platform by following the platform's donation process. This may include selecting a donation amount, providing payment information, and confirming the transaction. The platform supports various payment methods, including credit cards, mobile money, and digital wallets, as well as multiple currencies to accommodate donors worldwide.

Refund Policy

Uthando Africa maintains a "no refunds" policy for donations made through the platform, except in cases of fraudulent transactions, technical errors, or as required by applicable law. Donors are encouraged to review their donations carefully before confirming their transactions.

Fees Associated with Using the Platform

Fees Associated with Using the Platform

Uthando Africa may charge fees to Project Creators for the use of its platform and services. These fees may include platform fees, payment processing fees, and any other applicable fees as determined by Uthando Africa. Detailed information on the fee structure will be provided to Project Creators during the project submission process and may be subject to change at Uthando Africa's discretion.

User Conduct

Rules and Guidelines for Appropriate Behavior

Users of the Uthando Africa platform are expected to adhere to the following rules and guidelines for appropriate behavior:

1. Treat all users with respect and refrain from engaging in any form of harassment, discrimination, or abuse.
2. Only upload, post, or transmit content that is lawful, non-threatening, and relevant to the platform's purpose.
3. Refrain from posting or transmitting any unsolicited or unauthorized advertising, promotional materials, or spam.
4. Do not impersonate any person or entity or misrepresent your affiliation with any person or entity.

Prohibition of Illegal Activities, Harassment, or Other Harmful Conduct

Uthando Africa strictly prohibits any illegal activities, harassment, or other harmful conduct on its platform. Users engaging in such activities may have their accounts terminated and may be subject to legal action.

Third-Party Content and Services

Disclaimer Regarding the Accuracy, Reliability, or Quality of Third-Party Content and Services

Uthando Africa may contain links to third-party websites, services, or resources. These links are provided solely as a convenience to users, and Uthando Africa does not endorse or assume any responsibility for the accuracy, reliability, or quality of the content, services, or information provided by these third parties. Users access and use third-party websites, services, and resources at their own risk.

Rules and Guidelines for Interacting with Third-Party Websites and Services

When interacting with third-party websites and services, users should exercise caution and follow these guidelines:

1. Review the terms and conditions and privacy policies of any third-party websites or services before using them.
2. Be aware that Uthando Africa is not responsible for the content, services, or practices of third-party websites or services.
3. Do not provide personal information to third-party websites or services without first verifying their legitimacy and trustworthiness.

Limitation of Liability and Indemnification

Limitation of Liability

To the maximum extent permitted by applicable law, Uthando Africa and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the platform, any unauthorized access to or alteration of your data, or any other matter relating to the platform.

Indemnification

Users agree to indemnify, defend, and hold harmless Uthando Africa and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with their access to or use of the platform, their violation of these Terms and Conditions, or their infringement of any intellectual property or other rights of any person or entity.

Dispute Resolution and Governing Law

Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties agree to negotiate in good faith to resolve the dispute. If the parties are unable to resolve the dispute through negotiation, either party may submit the dispute to binding arbitration in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules. The arbitration shall be conducted in English and shall take place in Johannesburg, South Africa.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Changes to the Terms and Conditions

Uthando Africa reserves the right, in its sole discretion, to modify or replace these Terms and Conditions at any time. Users are responsible for regularly reviewing the Terms and Conditions to be aware of any changes. Continued use of the platform after any changes to the Terms and Conditions constitutes acceptance of those changes.

Severability

If any provision of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Contact Information

If you have any questions, concerns, or suggestions regarding these Terms and Conditions, please contact Uthando Africa at:

Email: support@uthandoafrica.com

Phone: +27609545496

These Terms and Conditions were last updated on 13 April 2023