Terms & Conditions
Donors: Terms and Conditions (updated 12 June 2019 - see end of this document to track chanhes)
NOTE: These Terms and Conditions relate specifically to DONORS intending to donate to a CAMPAIGN on the TAWAKUL WEBSITE. See our General Terms and Conditions page (https://tawakul.org/general-t-c) for details relating more generally to the TAWAKUL WEBSITE.
Terms and Conditions of Use
These Terms and Conditions govern your (the DONORS) use of the TAWAKUL WEBSITE located at the domain name https://tawakul.org and any associated subdomain(s). By accessing and using this website, DONORS agrees to be bound by the Terms and Conditions set out in this notice.
DONORS may not access, display, use, download, and/or otherwise copy or distribute content obtained on this website for marketing and other purposes without the consent of the TAWAKUL or NGO whose campaign it appears under.
By using this website or communicating with TAWAKUL or the NGO by electronic means, DONORS consents and acknowledges that all agreements, notices, disclosures, or any other communication satisfies legal requirement, including but not limited to the requirement that such communications should be in writing.
Donations Payment Method and Security
TAWAKUL uses PayFast as a payment gateway. TAWAKUL does not collect any banking details including credit/debit card details or BitCoin details of DONORS on the website itself. Rather, when DONORS intend donating towards a campaign, the system redirects them to the PayFast payment page and are prompted to enter the relevant bank account or credit/debit card account or BitCoin account details, on the PayFast page. None of these account details are shared with TAWAKUL or the NGO whose campaign is being supported or any other third-party associated with TAWAKUL. PayFast is solely responsible for the security relating to the account details captured on their website and TAWAKUL absolves itself of any breaches on the PayFast website.
Furthermore, TAWAKUL absolves itself of any security breaches occurring on the DONORS electronic device (Personal Computer or other electronic device used to browse the WEBSITE), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Payment options accepted
Payment may be made via Credit/Debit Card or BitCoin or EFT. The NGO is responsible for paying all associated costs relating to funds raised on the TAWAKUL site, including an admin fee of 2,5% and associated transaction processing fees charged by Payfast:
1. Debit / Credit Card: 3,5% + R2 per transaction
2. EFT: 1,5% (min R2) per transaction
3. BitCoin: 1,9% per transaction
4. Card Device: 3% + R2 per transaction
DONORS are encouraged to cover the admin and transaction fees as well so as to maximise the amount received by the NGO.
Card acquiring and security
Card, BitCoin and EFT transactions will be acquired via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the TAWAKUL website (see www.payfast.co.za to view their security certificate and security policy.
Donor personal details separate from card details
DONOR details will be stored by TAWAKUL separately from card/bank/bitcoin account details.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Delivery policy - Receipting
Once a donation is received, an electronic (email) will serve as confirmation of the donation. A formal receipt, including a tax-certificate (where applicable) can be requested from the NGO that received the donation. TAWAKUL does not issue receipts for any donations made on the WEBSITE.
Return and Refunds policy
Contact the finance department of the relevant NGO in the event of an error in a donation or to request a refund. TAWAKUL absolves itself of any dispute and or negotiations between DONOR and NGO.
Special and Specific Conditions Relating to Individual Causes
- All funds raised on the Tawakul portal will be paid to the intended cause promoted on the Tawakul site only. Such payment will be subject to point #3 and #4 below
- Funds will only be transferred to a South African bank account in the name of the campaign or campaign initiator, i.e. the person duly authorized to create the campaign. No funds will be paid to a third-party or service provider and will under no circumstances be paid in cash.
- If the target amount is not raised by the last date by which the funds are required, any funds collected until then will not be released unless the campaign initiator can demonstrate that they have raised additional funds and/or pledges independently of the Tawakul portal and that together they have sufficient funds to meet the obligations identified in the campaign. Proof will be required to prove this.
- Should the individual requiring the funds pass-away before the last date by which the funds are required, any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause nominated by the campaign initiator or at Tawakul’s discretion.
- If, after the launch of the campaign, it is established that the campaign is bogus or that there is evidence of fraud or misuse of funds, the campaign will be suspended and any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause at the discretion of Tawakul.
- Tawakul reserves the right to name and shame and/or lay charges against the campaign initiator and anyone else complicit in any wrongdoing.
TAWAKUL takes all reasonable steps to protect the personal information of DONORS. 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) (see http://www.polity.org.za/attachment.php?aa_id=3569).
Copyright and Intellectual Property Rights
Content currently or anticipated to be displayed at on the TAWAKUL website is provided by the TAWAKUL or the NGO, their affiliates or subsidiary or other third-party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (the Content). All such proprietary works, and the compilation of the proprietary works are copyright and is protected by South African and international copyright laws.
TAWAKUL reserve the right to make any changes to the website, including the content, at any time and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these Terms and Conditions, DONORS are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
Limitation of liability
The website and all content on the website, including any current or future contents, transaction or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. TAWAKUL makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither TAWAKUL nor any of its holding companies or subsidiaries, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked websites, even if the TAWAKUL is expressly advised thereof.
NGO’s may on the other hand be held to account for inaccurate or misleading or exegerated or false claims or content.
DONORS may visit the website and donate to a campaign without providing any personal information. However, the website servers do collect the IP address of the DONORS computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. TAWAKUL uses this information to determine use of the website to improve thereon. TAWAKUL assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This website is controlled, operated and administered by TAWAKUL from its offices within the Republic of South Africa. Access to the website from territories or countries where the content on the website is illegal is prohibited. DONORS may not use this website in violation of South African laws and regulations. If DONORS access this website from locations outside of South Africa, the DONORS are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and DONORS consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between TAWAKUL and the USER with regard to the use of the Content and this website.
Country of domicile
The website is governed by the laws of South Africa and TAWAKUL chooses as its domicile citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1320 Newton Crescent, Lenasia South, Gauteng.
This website is run by TAWAKUL THE CROWD (NPC) based in South Africa trading as TAWAKUL THE CROWD, registration number 2018/358369/08.
TAWAKUL CONTACT DETAILS
Company Physical Address 1320 Newton Crescent, Lenasia South, Gauteng
Email Address [email protected] (preferred) / [email protected]
Contact Numbers (011) 211-2595 / (083) 313-6208
Managing Director Mohomed Hoosen Essof
Updating of these Terms and Conditions
TAWAKUL reserves the right to change, modify, add to or remove some portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the DONORS obligation to periodically check these Terms and Conditions at the website for changes or updates. The User's continued use of this website following the posting of changes or updates will be considered notice of the DONORS acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
TAWAKUL may, in its sole discretion, change this agreement or any part thereof at any time without notice.
See the General Terms and Conditions page (https://tawakul.org/general-t-c) for details relating to the TAWAKUL website.
15 April 2019
1. Adjusted the Transactuon Fees for EFT from 2,5% to 1,5%
2. Adjusted the Withdrawal Fee from R8,70 to R5,70
12 June 2019
1. Changed NPC registration number from /07 to /08
2. Added Special T&C i.r.o. Individual Cases