Terms & Conditions

Any use by you of the website operated at https://www.focusonithemba.org is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to amend these Terms & Conditions from time to time withoutnotice and at our discretion. It is your responsibility to periodically review this page for updatesto these Terms & Conditions. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. Should you not agree to these Terms &Conditions it is recommended that you leave the site.

Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software – including, code, interface and website structure and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

Copying

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Copyright and IP

We respect the intellectual property rights of others, and require that the people who use the Site do the same. All design, text, graphics and the selection or arrangements thereof are the copyright of Focus on iThemba or of other copyright owners. Permission is granted toelectronically copy and print in hard copy portions of this site for the sole purpose of promotinga partnership with Focus on iThemba. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Focus on iThemba is strictly prohibited.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our address below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of the alleged infringing activity and where the alleged infringing material is located.
  • A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Private Bag X7039, Hillcrest, 3650

No Warranties

This site is provided “as is,” and your use thereof is at your own risk. We, our officers, directors, employees, agents and assignees, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be freefrom viruses. Although we take reasonable steps to secure the site, you acknowledge that theInternet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorised access or use. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

Your Responsibility

You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.

Third Party Goods and Services

We do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the site.

User Information

In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Policy Statement, which Policy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the UserInformation.

Payments/Credit Card Information

  • Description of services: Focus on iThemba (RF) NPC is a non-profit organisation withRegistration No.035-958-NPO; and is approved as a Public Benefit Organisation, No.930 000 3051. VAT No 439 021 9378.
  • Payment options accepted: Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Focus on iThemba bank account.
  • Credit card acquiring and security: Credit card transactions will be acquired for Focus on iThemba via PayFast (RSA users) and PayPal (USA users). The use of these third-partypayment facilities will be under the guise of the privacy and security policies of PayFast and PayPal. Users are encouraged to view their policies before proceeding with any transaction.
  • Merchant outlet country and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa (PayFast) and UnitedStates of America (PayPal). Transaction currency for South African payments are SouthAfrican Rands (ZAR) and US Dollars for payments from the United States.
  • Responsibility: Focus on iThemba takes responsibility for all aspects relating to the transaction including sale of services sold on this website, customer service and support, dispute resolution and delivery of services.
  • Company information: This website is run by Focus on iThemba based in South Africa trading as Focus on iThemba (RF) NPC and with registration number 035-958-NPO.
Links from and to the Site

You acknowledge and agree that we have no responsibility for the information provided bywebsites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do notconstitute an endorsement by or association with us of such sites or the content, products,advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by orin connection with use of or reliance on any such content, goods or services available on suchLinked Sites.

No Liability

To the fullest extent permitted by law we, our officers, directors, employees, agents and assignees, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the site or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage.

Materials Submitted by You

This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded. Unless specifically requested, we do not solicit nor do we wish to receive anyconfidential, secret or proprietary information or other material from you through the Site, anyof its services, by email, or in any other way. Any information or material submitted by you, andwhich has not been specifically requested by us, will be deemed not to be confidential, secret orproprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law.

Indemnity

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Restriction, Suspension and Termination

We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will bewithout prejudice to any rights which we may have against you in respect of your breach ofthese Terms & Conditions. We may also remove the Site as a whole or any sections or featuresof the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

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