Terms and Conditions

These Terms and Conditions govern your use of the FundMySchool.co.za website and platform ("FundMySchool", "we", "us", "our") and your participation in fundraising campaigns, purchases, contributions, donations and other services made available through the platform.

By accessing or using FundMySchool.co.za, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not use the website or its services.

1. DEFINITIONS

For purposes of these Terms and Conditions:

  • "FundMySchool", "we", "us" or "our" means the operator of the FundMySchool.co.za website and platform.
  • "Website" means FundMySchool.co.za and any related websites, pages, applications or online services operated by FundMySchool.
  • "User", "you" or "your" means any person who accesses or uses the Website.
  • "School" means a school, educational institution, organisation or other approved beneficiary participating in a FundMySchool fundraising campaign.
  • "Campaign" means a fundraising campaign created or administered through FundMySchool.
  • "Campaign Organiser" means the school, organisation or authorised person responsible for establishing or administering a fundraising campaign.
  • "Contributor" means any person who makes a payment, contribution, donation, purchase or other financial contribution through the Website.
  • "Contribution" means any payment or financial contribution made through the Website towards a Campaign.
  • "Platform" means the online technology and services provided by FundMySchool.

2. ACCEPTANCE OF THESE TERMS

2.1 By using the Website, you confirm that you have read, understood and accepted these Terms and Conditions.

2.2 If you are using the Website on behalf of a school, organisation, company or other entity, you confirm that you have the authority to bind that entity to these Terms and Conditions.

2.3 FundMySchool reserves the right to amend these Terms and Conditions from time to time.

2.4 Changes will become effective when published on the Website unless a different effective date is stated.

2.5 Your continued use of the Website after changes have been published constitutes acceptance of the amended Terms and Conditions.

3. USE OF THE PLATFORM

3.1 FundMySchool provides an online platform designed to assist schools and organisations with fundraising activities.

3.2 FundMySchool may provide functionality including:

  • Creation and management of fundraising campaigns;
  • Online contributions and payments;
  • Fundraising pages;
  • Campaign reporting;
  • Contributor records;
  • Payment processing;
  • Notifications and communications;
  • Fundraising promotional tools; and
  • Other services introduced from time to time.

3.3 FundMySchool may modify, suspend, replace or discontinue any part of the Platform at any time.

3.4 We do not guarantee that the Website will always be available, uninterrupted or error-free.

3.5 The Website may occasionally be unavailable due to maintenance, upgrades, technical failures, hosting problems, telecommunications failures or circumstances outside our reasonable control.

4. SCHOOL AND CAMPAIGN REGISTRATION

4.1 Schools and Campaign Organisers may be required to provide information to register and operate a Campaign.

4.2 All information supplied to FundMySchool must be accurate, complete and current.

4.3 FundMySchool reserves the right to verify information supplied by a School or Campaign Organiser.

4.4 We may refuse, suspend or terminate a Campaign where we reasonably believe that:

  • Information supplied is inaccurate or misleading;
  • The Campaign is fraudulent or unlawful;
  • The Campaign breaches these Terms and Conditions;
  • The Campaign may expose FundMySchool, Contributors or Schools to legal or financial risk;
  • The Campaign is being operated without appropriate authority; or
  • The Campaign otherwise presents a risk to the integrity or reputation of the Platform.

4.5 Campaign Organisers are responsible for ensuring that they have the necessary authority from the relevant school or organisation to operate a Campaign.

5. FUNDRAISING CAMPAIGNS

5.1 Campaign Organisers are responsible for the accuracy of information published on their Campaign pages.

5.2 Campaign information may include descriptions, fundraising targets, images, videos, names and other information.

5.3 FundMySchool does not necessarily verify or endorse every statement made by a Campaign Organiser.

5.4 Contributors should exercise their own judgement before making a Contribution.

5.5 FundMySchool reserves the right to remove or amend Campaign content that:

  • Is unlawful;
  • Is misleading or fraudulent;
  • Infringes another person's rights;
  • Contains offensive or inappropriate material;
  • Infringes intellectual property rights;
  • Violates privacy rights;
  • Promotes illegal activity; or
  • Otherwise breaches these Terms and Conditions.

6. CONTRIBUTIONS AND PAYMENTS

6.1 Contributions may be made using the payment methods made available on the Website.

6.2 Payments are processed through third-party payment service providers.

6.3 FundMySchool does not store complete payment card details unless expressly stated otherwise and permitted by applicable law.

6.4 By making a Contribution, you authorise the applicable payment provider to process the payment amount selected by you.

6.5 Once a payment has been successfully processed, the Contributor will receive confirmation where the Platform supports such notification.

6.6 A payment is considered successful only once confirmation has been received from the applicable payment processor.

6.7 FundMySchool is not responsible for payment failures caused by:

  • Incorrect payment information;
  • Insufficient funds;
  • Bank or card restrictions;
  • Payment provider failures;
  • Network failures;
  • Fraud prevention systems; or
  • Circumstances outside FundMySchool's reasonable control.

7. PLATFORM FEES AND OTHER CHARGES

7.1 FundMySchool may charge platform fees, transaction fees, payment processing fees or other charges.

7.2 Any applicable fees will be disclosed to the User before completion of the relevant transaction where reasonably practicable.

7.3 Depending on the Campaign and configuration of the Platform, fees may be:

  • Deducted from the amount raised;
  • Added to the Contributor's payment;
  • Paid by the School or Campaign Organiser; or
  • Applied in another manner disclosed during the transaction.

7.4 Third-party payment processors may charge additional fees. Such fees may be governed by the relevant payment provider's terms.

8. REFUND POLICY

8.1 Contributions made to a fundraising Campaign are generally treated as voluntary Contributions and are not automatically refundable.

8.2 A Contributor may request a refund where:

  • The payment was made in error;
  • The payment was duplicated;
  • The payment was unauthorised;
  • The transaction was processed incorrectly; or
  • A refund is otherwise required by applicable law.

8.3 Refund requests must be submitted as soon as reasonably possible and should include:

  • Contributor name;
  • Contact details;
  • Transaction reference;
  • Date of transaction;
  • Amount paid; and
  • Reason for the refund request.

8.4 FundMySchool may request additional information reasonably required to investigate a refund request.

8.5 Where a refund is approved, the refund will normally be processed using the original payment method where technically possible.

8.6 Refunds may take several business days to reflect in the Contributor's account depending on the relevant bank or payment provider.

8.7 Where a Contribution has already been transferred to a School or Campaign beneficiary, FundMySchool may need to coordinate the refund with the relevant beneficiary before the refund can be completed.

8.8 Nothing in this Refund Policy limits any rights that a consumer may have under applicable South African law.

9. CANCELLATION POLICY

9.1 Cancellation by a Contributor

A Contributor may request cancellation of a Contribution before the payment has been processed or settled where technically possible.

Once a payment has been successfully processed, cancellation may not always be possible.

Where cancellation is not possible, the Contributor may submit a refund request in accordance with Section 8.

9.2 Cancellation of a Campaign

A School or Campaign Organiser may request that a Campaign be closed or cancelled.

FundMySchool reserves the right to suspend or terminate a Campaign where required for legal, security, fraud prevention, compliance or operational reasons.

9.3 Effect of Campaign Cancellation

Cancellation or closure of a Campaign does not automatically reverse Contributions already received.

Any remaining funds will be dealt with in accordance with the applicable arrangements between FundMySchool and the relevant School or Campaign Organiser, subject to applicable law.

10. DELIVERY POLICY

10.1 FundMySchool is primarily a digital fundraising platform.

10.2 Where a Campaign involves a physical product, ticket, item or other deliverable, the applicable Campaign page or transaction process should specify the relevant delivery arrangements where possible.

10.3 Delivery may be handled by:

  • The School;
  • The Campaign Organiser;
  • A third-party supplier;
  • A courier service; or
  • Another nominated delivery provider.

10.4 Unless expressly stated otherwise, FundMySchool does not guarantee delivery times for physical products supplied by a School, Campaign Organiser or third-party supplier.

10.5 Delivery delays caused by courier services, postal services, suppliers, weather, strikes, customs, incorrect addresses or other circumstances outside FundMySchool's reasonable control are not considered a failure by FundMySchool to deliver.

10.6 Users are responsible for providing accurate delivery information where delivery is applicable.

10.7 Additional delivery charges may apply and will be disclosed before completion of the applicable transaction where reasonably practicable.

11. DIGITAL SERVICES

11.1 Certain services provided through FundMySchool are digital and may be available immediately after registration, payment or activation.

11.2 Due to the nature of digital services, certain purchases may not be refundable once the service has been activated or used, subject to applicable consumer protection legislation.

12. FRAUD AND UNAUTHORISED TRANSACTIONS

12.1 Users must immediately notify FundMySchool if they suspect that a transaction has been made without their authorisation.

12.2 FundMySchool may investigate transactions that appear suspicious, fraudulent or unusual.

12.3 We may suspend or delay transactions while conducting fraud or security checks.

12.4 We may request additional verification information where reasonably necessary.

12.5 Where fraud is suspected, FundMySchool may report the matter to the relevant payment provider, financial institution or law-enforcement authority.

13. USER ACCOUNTS

13.1 Certain features may require the creation of a User account.

13.2 Users are responsible for maintaining the confidentiality of their login credentials.

13.3 Users must not share their passwords or permit unauthorised persons to access their accounts.

13.4 Users are responsible for all activities conducted through their accounts unless they can demonstrate that the activity occurred through no fault or negligence on their part.

13.5 FundMySchool may suspend an account where we reasonably believe that the account has been compromised or is being used improperly.

14. ACCEPTABLE USE

Users must not use the Website to:

  • Commit or facilitate fraud;
  • Launder money;
  • Conduct unlawful fundraising;
  • Misrepresent a school, organisation or person;
  • Collect money for illegal purposes;
  • Upload malicious software;
  • Attempt to gain unauthorised access to the Platform;
  • Interfere with Website security;
  • Scrape or systematically extract Platform data without permission;
  • Impersonate another person;
  • Infringe intellectual property rights;
  • Publish defamatory or unlawful content;
  • Publish content that violates another person's privacy;
  • Circumvent payment or security controls; or
  • Otherwise misuse the Platform.

15. CONTENT AND INTELLECTUAL PROPERTY

15.1 All Website software, branding, logos, designs, layouts, graphics, text and other intellectual property belonging to FundMySchool remain the property of FundMySchool or its licensors.

15.2 Users may not reproduce, modify, distribute, sell or commercially exploit FundMySchool intellectual property without prior written permission.

15.3 Campaign Organisers retain ownership of content they upload to the Platform, subject to the rights granted to FundMySchool under these Terms.

15.4 By uploading content, the Campaign Organiser grants FundMySchool a non-exclusive, royalty-free licence to host, display, reproduce and use that content for the purpose of providing, operating and promoting the relevant Campaign and Platform.

15.5 Campaign Organisers must ensure that they have the necessary rights and permissions to upload and use photographs, logos, names, trademarks and other content.

16. PRIVACY AND PERSONAL INFORMATION

16.1 FundMySchool may collect and process personal information required to operate the Platform and provide its services.

16.2 Personal information may include:

  • Names;
  • Contact details;
  • School information;
  • Transaction information;
  • Account information;
  • Technical information; and
  • Other information reasonably required to provide the service.

16.3 Personal information will be processed in accordance with applicable South African data protection legislation, including the Protection of Personal Information Act 4 of 2013 ("POPIA"), where applicable.

16.4 Users should refer to the FundMySchool Privacy Policy for further information regarding the collection, use, storage and disclosure of personal information.

17. THIRD-PARTY SERVICES

17.1 FundMySchool may integrate with third-party services including payment providers, email providers, hosting providers, analytics services and other technology providers.

17.2 Third-party services may be subject to their own terms and privacy policies.

17.3 FundMySchool is not responsible for the independent actions, availability, policies or failures of third-party service providers, except where required by applicable law.

18. WARRANTIES AND DISCLAIMERS

18.1 FundMySchool will take reasonable steps to provide a reliable and secure Platform.

18.2 However, the Website and Platform are provided subject to availability.

18.3 We do not guarantee that:

  • The Website will always be available;
  • The Platform will always be error-free;
  • All Campaign information will be accurate;
  • Every Campaign will achieve its fundraising target;
  • Payments will always process successfully; or
  • Third-party services will always be available.

18.4 FundMySchool does not guarantee the conduct, legitimacy or performance of every Campaign Organiser or School.

18.5 Contributors should make their own assessment before making a Contribution.

19. LIMITATION OF LIABILITY

19.1 To the maximum extent permitted by applicable law, FundMySchool will not be liable for indirect, incidental, special or consequential losses arising from the use of the Website or Platform.

19.2 Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is prohibited by South African law.

19.3 Nothing in these Terms and Conditions is intended to exclude or limit any consumer rights that cannot lawfully be excluded or limited.

20. INDEMNITY

20.1 To the extent permitted by law, a User agrees to indemnify and hold FundMySchool, its owners, employees, contractors and service providers harmless against claims, losses, damages, costs and expenses arising from:

  • The User's unlawful use of the Platform;
  • Breach of these Terms and Conditions;
  • Fraudulent or unauthorised activity;
  • Infringement of third-party rights; or
  • Content uploaded by the User.

20.2 This clause does not apply to the extent that the relevant loss was caused by FundMySchool's own unlawful conduct, negligence or other conduct for which liability cannot legally be excluded.

21. TERMINATION

21.1 FundMySchool may suspend or terminate access to the Website or an account where reasonably necessary, including where:

  • These Terms and Conditions have been breached;
  • Fraud or illegal activity is suspected;
  • The account presents a security risk;
  • Required by law;
  • The Platform is discontinued; or
  • The User's continued access may cause harm to FundMySchool or another User.

21.2 Where appropriate, FundMySchool may provide notice before termination.

21.3 Termination does not affect rights or obligations that arose before termination.

22. CHANGES TO THE PLATFORM

22.1 FundMySchool may introduce new features, modify existing functionality or discontinue features.

22.2 Where material changes affect existing paid services or contractual obligations, FundMySchool will take reasonable steps to communicate those changes.

23. COMPLAINTS AND DISPUTE RESOLUTION

23.1 Users should first attempt to resolve complaints directly with FundMySchool.

23.2 Complaints should be submitted using the contact details published on the Website.

23.3 FundMySchool will endeavour to acknowledge and investigate complaints within a reasonable period.

23.4 Where a dispute cannot be resolved directly, either party may pursue any remedy available under applicable South African law.

23.5 Nothing in this clause prevents a consumer from exercising any statutory rights or remedies available under South African legislation.

24. GOVERNING LAW

24.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.

24.2 Subject to any mandatory consumer rights and jurisdictional requirements under applicable law, disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of South Africa.

25. ELECTRONIC COMMUNICATIONS

25.1 By using the Website, you consent to receiving electronic communications relating to your account, Campaigns, Contributions, transactions and Platform services.

25.2 Electronic records and communications may be used as evidence of transactions and communications, subject to applicable law.

25.3 Users should ensure that their registered email address and contact information remain accurate.

26. FORCE MAJEURE

26.1 FundMySchool will not be responsible for failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control.

26.2 Such circumstances may include:

  • Natural disasters;
  • Fire;
  • Flood;
  • Power failures;
  • Internet or telecommunications failures;
  • Cyberattacks;
  • Government action;
  • Strikes;
  • Civil unrest;
  • Pandemics;
  • Payment provider failures;
  • Hosting failures; or
  • Other events beyond our reasonable control.

27. SEVERABILITY

27.1 If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue to apply.

28. ENTIRE AGREEMENT

28.1 These Terms and Conditions, together with the Fund My School Privacy Policy and any other policies expressly incorporated into them, constitute the agreement governing use of the Platform.

28.2 Where a specific Campaign has additional terms, those terms may also apply to that Campaign.

29. CONTACT DETAILS

For questions, complaints, refund requests or other enquiries relating to Fund My School, please contact:

Fund My School

Website: https://fundmyschool.co.za

Email: andrew@fundmyschool.co.za

Telephone: +27 (0) 10 822 2890

Physical Address: 3 Uranus Street, Atlasville, Boksburg, 1459

30. IMPORTANT CONSUMER NOTICE

Nothing contained in these Terms and Conditions is intended to:

  • Waive any right that cannot lawfully be waived;
  • Exclude any protection provided to consumers under applicable South African legislation;
  • Limit liability where such limitation is prohibited by law; or
  • Prevent a consumer from exercising a statutory right or remedy.

Where any provision of these Terms and Conditions conflicts with a mandatory provision of applicable law, the mandatory legal provision will prevail to the extent of the conflict.

By using FundMySchool.co.za, creating a Campaign, registering an account, making a Contribution or otherwise using the Platform, you acknowledge that you have read and accepted these Terms and Conditions.