TERMS AND CONDITIONS FOR CLICKS2DREAMS
All references to "Clicks2Dreams"", "we", "us" and "our" in these terms and conditions are deemed to refer to Clicks2Dreams (Proprietary) Limited, registration number 2011/106062/07 a limited liability company incorporated in the Republic of South Africa
All references to "you" and "your" are deemed to refer to any Customer, user and/or visitor of www.clicks2dreams.com ("Website").
Note: Kindly note that Clicks2dreams may, in its sole discretion, change these terms and conditions or any part thereof at any time. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using in any way, this Website.
Introduction
www.clicks2dreams.com is a website addressing persons over the age of 18 years. By using this Website, you warrant that you are at least 18 years of age or older. Your continued use of this Website shall constitute an acceptance of these Terms and Conditions. If you do not agree with our Terms and Conditions, please do not continue using this Website.
Definition and Interpretation
Definitions. For purposes of these Terms and Conditions:
“Affiliate” means any parent company of, subsidiaries of, joint ventures, or other companies under a common control by Clicks2Dreams;
“Agreement” means each transaction in terms of which a Customer concludes a purchase on Clicks2Dreams between NGO and customer via the Website;
“Customer” means any person who visits this Web site and concludes a purchase on the Website;
“Client” means a Non Government Organisation (NGO) or Non Profit Organisation (NPO) who defines the cause or fundraising target.
“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
“Effective Date” means in respect of each purchase from date of purchase,
“EULA” means an end user license agreement;
“Fees” means the fees, charges, and/or purchase consideration that Clients will pay to Clicks2Dreams in respect of Goods and Project Management and web technology services provided by Clicks2dreams and/or its Affiliates;
“Dream Shares” means the virtual, non-physical, intangible project social or environmental cause specific digital items on offer to Customers via the Website.Each Dream Share represents a proportion of the cost associated with execution of each proposed or actual Project which is called a “Dream” on this website.
"Clicks2dreams" means Clicks2Dreams (Pty) Ltd, the legal entity which contracts with Customer;
“Dream” for the purposes of this site shall means a social, cultural, environmental and/or humanitarian initiative identified by NGO to raise funds via the sale of Dream Shares.;
“Wall Stats” for the purposes on this site means the online digital scoreboard to record sales of Dream Shares
“Virtual Sales Timer” means an online countdown clock which defines the time period for sales of shares for a particular Project;
“Project Execution Timer” means an online clock which tracks the execution of a Project.
“Offline” means anything not taking place on the Website or in digital or other electronic format
“Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.
“Interpretation” Terms other than those defined within these Terms and Conditions will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns. Unless otherwise stated in these Terms and Conditions, when any number of days is prescribed in these Terms and Conditions the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
TERMS AND CONDITIONS OF PURCHASE
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How it works - Dream Shares: The goods for sale on the Website are virtual, non-physical, intangible, social or environmental cause specific digital items which allow Customers to post their personalized 140 character messages onto them. Each virtual good is the proportionate representation of the total cost to execute the defined Project offline. By purchasing a Good, a Customer makes a financial contribution to each Project.These payments are made DIRECTLY to Non-profit.
Sale. Clicks2dreams provides the online platform for the NGO to sells to Customers who purchases the shares on these terms and conditions.. Any claims by the customer for a tax donation certicate should be made to the respective NGO for which fundraising is being done.
Countries: Customers from any country may purchase SHARES on offer. However the laws and rules governing the Republic of South Africa shall govern the sales agreement (Jurisdiction)
Price of Shares:
Purchases
Invitation to do business. The marketing of the virtual Goods or Services by Clicks2dreams is merely an invitation to do business. The parties only conclude a valid and binding purchase when the Client (NGO) processes payment made by Customer.
Cancel. Clicks2dreams reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and or to cancel any sale concluded between you and Client (NGO), in whole or in part, on notice to you. Any refund claim must be directed to respective client for whom fundraising is being done .
Fund Raising Target – remains the responsibility of the client (NGO) to define. Clicks2Dreams cannot be held liable for any misinformation supplied to it by Client. ______________________________________________________________________
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
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Term and Termination
These Terms and Conditions of Use shall commence from the date on which they are published on the Website, as amended by Clicks2dreams from time to time, for so long as the Website exists and is operational, Clicks2dreams being entitled to terminate these Terms & Conditions and/or shut down the Website at any time.
Privacy Policy
Our Customers' privacy is very important to us, and we fully understand the sensitive nature of any personal information transmitted over the Internet. Clicks2dreams shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
Clicks2dreams may electronically collect, store and use the following of your personal information:
- name and surname;
- birth date;
- gender;
- country of residence;
- non-personal browsing habits and click patterns;
- e-mail address;
- mobile number (if provided by you);
- IP address; and
Clicks2dreams collects, stores and uses the abovementioned information for the following purposes:
- subject to your consent, to inform you of facts relating to your access and use of the Website;
- subject to your consent, to inform you about competitions and special offers from Clicks2dreams and/or its partners / Affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
- to verify your identity when transacting with Clicks2dreams
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from Clicks2dreams and/or its partners and/or Affiliates.
Clicks2dreams may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
- Clicks2dreams shall not disclose your personal information unless –
- you consent thereto; or
- if required to comply with any law or court order.
- Clicks2dreams may compile, use and share any information that does not relate to any specific individual; and
- Clicks2dreams owns and retains all rights to non-personal statistical information collected and compiled by Clicks2dreams.
Disputes
Between you and Clicks2dreams
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Clicks2dreams on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through client services and management of Clicks2dreams, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
Use of this Website
You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Clicks2Dreams representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Clicks2Dreams representative.
Type of information we collect
The information you are required to provide on the Website is limited to the information we need to create a database of clients for our communication and marketing purposes, and to keep a record of any purchase and/or other transactions concluded with Customers on the Website.
- In case we need you to add information related to other persons, we would limit our request to their name, address and contact details.
- Customer accounts registered by bots or other automated methods are not permitted. Each Customer must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process.
Framing. No person, business, or web site may frame this Website or any of the pages on this Website.
Linking. Customer may link to the Web- site only by linking to the home page of this Website. Clicks2Dreams prohibits Customers from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Customer by Clicks2Dreams or suggests Customer is the owner of any intellectual property belonging to Clicks2Dreams.
Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this Website.
Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Clicks2dreams suffers any damage or loss.
You allow Clicks2dreams to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Once you accept the Terms and Conditions of Purchase, you will be directed to a secure site in order for you to make payment via credit card directly to the respective client’s website. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF YOUR DATA.
Electronic Communications
When you send e-mails to Clicks2dreams, you consent to receiving communications from Clicks2dreams electronically and agree that all agreements, notices, disclosures and other communications sent by Clicks2dreams to you electronically satisfy any legal requirements, including but not limited to the requirement under the ECT Act that such communications should be "in writing".
Capacity of Customer
Each Customer represents and warrants that Customer:
- is old enough under applicable law to enter into the Agreement;
- is legally capable of concluding any transaction on the Website;
- possesses the legal right, full power, and authority to enter into the Agreement; and
- will submit true, accurate and correct information to Clicks2dreams.
Content uploaded on Clicks2dreams
Clicks2Dreams allows Customers to post their personal messages onto the Dream Shares . Our main purpose is to provide quality virtual services and products that will enable Customers to share their messages with online visitors, friends or colleagues globally.
Regarding the content uploaded onto the Website, take note of the following:
- Copyright
When uploading messages onto Dream Shares , you warrant that you are the owner of the message and that uploading of the message does not infringe the intellectual property rights of any third party.
- Acceptable content
Messages uploaded onto the Website should not be offensive, illegal or violate the private rights of any person or entity. Moreover, it should not threaten or harm the safety of any person or entity. We reserve the right to remove any content uploaded by Customers onto the Website if in our reasonable opinion that content is offensive or amounts to or promotes hate speech, violence or discrimination based on race, ethnicity, religion, culture, disability, gender, age, marital status, pregnancy or sexual orientation/gender identity.
"Offensive" content can refer to images that instigate to racism, bigotry, excessive violence, nudity, violates the publicity/privacy rights, trademark rights or contract rights of any person or entity.
- Users are solely responsible for the images they upload on Clicks2Dreams and verify that they are legally entitled to the usage of the images.
- The views expressed by users of the Website are the views of those users and do not necessarily represent the views of Clicks2Dreams. Clicks2Dreams will not enter into any discussions with Website users about endorsing their views, preferences and/or opinions.
Disclaimer
Save for Clicks2dreams being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any defective or hazardous products and/or services sold by Clicks2dreams to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to Clicks2dreams payment systems not being sufficiently secure,
Neither Clicks2dreams nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Clicks2dreams makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to aj@clicks2dreams.com
The Website itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions of Use that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Website should not be regarded as personalized professional advice or the official opinion of Clicks2dreams and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website and pertaining to your personal circumstances.
Website intellectual property
Ownership. Except as provided to the contrary in these Terms and Conditions, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this Website are the sole property of or will vest in Clicks2dreams or a third party licensor. All moral rights are reserved.
Trademarks. Clicks2dreams logo and sub-logos, marks, and trade names are the trademarks of Clicks2dreams and no person may use them without permission. Any other trademark or trade name that may appear on this Website or other marketing material of Clicks2dreams is the property of its respective owner.
Restrictions. Except as expressly permitted under these Terms and Conditions, this Website may not be:
- modified, distributed, or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- decompiled, reverse engineered, or copied; or
- reproduced, transferred, or distributed.
Prosecution. All violations of Clicks2Dreams' proprietary rights or of these Terms and Conditions will be prosecuted to the fullest extent permissible under applicable law.
Indemnity
Each Customer agrees to indemnify, defend, and hold harmless Clicks2dreams (and its Affiliates, officers, agents, co-branders or other partners, and employees) from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to its use of this Website, unless same was caused by the gross negligence of Clicks2Dreams.
Limitation of liability
Correct faults. Clicks2dreams will correct any fault in this Website where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the Website. If this clause is held inapplicable or unenforceable, then the following clause will apply.
Direct damages limited. To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, Clicks2dreams' maximum liability to a Customer for direct damages as a result of use of this Website will be an amount equal to the total fees already paid by the Customer to Clicks2dreams for the Goods or Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
Indirect damages excluded. To the extent permitted by applicable law, in no event will Clicks2dreams (or its personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.
Refund Policy –.A customer will be entitled to a money back guarantee less administrative charges within 7 days of Goods purchased.
Seller Information
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Clicks2dreams information is as follows:
Full name: Clicks2dreams (Pty)Ltd, registration number 2011/106062/07
Main business: E-commerce Services
Address for receipt of legal service: P.O Box 206, West Coast Village, 7433
Office bearers: AJ Munian
Webmaster: aj@clicks2dreams.com & amunian@gmail.com
Website: http://www.clicks2dreams.com
Official email address: aj@clicks2dreams.com & amunian@gmail.com
Code of Conduct: not applicable
Clicks2Dreams shall not be liable to you for any loss, damage, penalty or expense which are a result of any default or delay in the performance of Clicks2Dreams' obligations under these Terms and Conditions if and to the extent such default or delay is caused, directly or indirectly, by unpredictable adverse weather conditions, national industrial strikes (excluding strikes or labour disputes originated by or involving only Clicks2Dreams' workforce or any part of it or the workforce of its agents or sub contractors), war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, which in each case could not reasonably be foreseen and is beyond the reasonable control of Clicks2Dreams or its employees or agents ("Force Majeure Event). While a Force Majeure Event subsists, Clicks2Dreams shall be relieved of liability to you for failure to perform its obligations under these Terms and Conditions and such obligations shall be suspended until such time as performance can be resumed (provided that Clicks2Dreams could not have prevented the failure or delay by taking reasonable precautions or measures)
