Terms of Use
This agreement (the "Agreement") governs the conditions of use for the various services with respect to the internet service "PleaseGiveHelp" (the "Service") provided by RUMATechnologies (Pty) Ltd. (the "Company").
The service (hereinafter "Crowdfunding service") provides a platform where customers can run projects and other users can provide financial support to those projects.
2.1 Definitions
The words used in this agreement have the definition as follows, save for where a word is separately defined or the context indicates otherwise.
(a) "Agreement" means this Agreement, the privacy policy and any regarding Crowdfunding service.
(b) "Privacy Policy" means a privacy policy determined by the Company.
(c) "Users" means people who, having agreed to the contents of the Agreement, use the Service.
(d) "Personal Information" means the "personal information" as defined in the Protection of Personal Information Act, the name, address, profession, telephone number, account information (email address, and passwords etc.), profile information (nickname, hobbies, family, age and other information related to the individual), credit card information, usage history, etc., and any specially designated individual information that can be used to identify a person (including information that would allow a designated individual to be identified upon reference to such information).
(e) "Contents" means information listed on or transmitted to the Service by the Company or by Users.
(f) "Supporter/Donor/Backer" means a User who provides a support amount to the Project Owner and supports the Project.
(g) "Support/Donation Amount" means the amount of support/donation provided by the Supporter to the Project Owner.
(h) "Project/Cause" means the plan, products, etc posted on the Crowdfunding service.
(i) "Project Owner/Requestor" means the User who plans and implement a Project.
Article 3. Terms and Conditions Agreement
3.1 The User must use the Service in accordance with the provisions stated in the Terms and Conditions. The User cannot use the Service unless he makes a valid and irrevocable agreement to these Terms and Conditions.
3.2 Minors can use the Service after acquiring consent from their legal representatives, such as their parents.
3.3 By actually using the Service, the User is deemed to have provided valid and irrevocable consent to these Terms and Conditions.
4.1 Registration
Users must register as themselves. Further, information provided at registration must be accurate.
4.2 No multiple registrations
Users may register no more than once.
4.3 Refusal of registration
The Company may refuse to authorize registration by a user if any of the following applies:
(a) The person does not fulfill the User requirements in Item 2 Article 3, and Item 2 of this article.
(b) The person has had their activity stopped due to violation of this Agreement in the paste.
(c) When the person's registration information includes inaccurate or false information.
(d) When the person's use is judged to have brought about or risks bringing about interference or interruption to the operation of the Service by the Company or to the use of other Users.
(e) When it is judged that the person is a member of a violent group, a quasi-member of a violent group, a racketeer, political racketeering organization, special intelligence violent group member, or a member of any other anti-social movement similar to the above (hereinafter "anti-social movement") or a member or employee or similar of a corporation whose operation has a substantial connection with an anti-social movement, etc., and where the person has been judged to have any connection whatsoever with an an-social movement.
(f) Any other case that is judged to be improper by the Company.
5.1 Any User who registered to the Service may delete his/her account and withdraw from using the Service.
5.2 The Company will deal with any personal information preserved from the User and in relation to the User itself in accordance with the Law on the Protection of Personal Information and other related rules and the Privacy Policy.
5.3The Company may without notice to the User cease or delete the User's account due to their being a violation of this Agreement or risk of a violation of this Agreement.
6.1 Privacy Policy
The Company handles personal information in accordance with this Agreement and the Privacy Policy.
6.2 Agreement with the Privacy Policy
The User must, prior to using the Service or browsing the Service, read and confirm the Privacy Policy of this Service, and may only use the Service after agreeing to the Privacy Policy
6.3 The Company collects information including email addresses, contacts, profile information （user name, user ID, image files, status messages, etc.）, and mobile phone device information, as part of the Service for the following purposes:
(a) Show User profile in PleaseGiveHelp.
(b) Verify User identity and prevent Service misuse.
(c) Analyze consumer data in order to provide more immersive and feature rich service to Users.
Profile information can be viewed by other Users. E-mail addresses, contacts, mobile phone device information, etc. is not disclosed to others unless the User agrees to disclose such information. Once the User resigns from the Service, information including e-mail address, contacts, profile information, and mobile phone device information, etc. are deleted in accordance to Company terms. Provisions related to the handling of User's personal information will follow the regulations stated in the Privacy Policy as well as the provisions in this Article.
The User must not engage in and guarantees not to conduct the following when using the Service:
7.1 Actions in violation of these Terms of Use.
7.2 Activities that violate the law, court verdicts, resolutions or orders or administrative measures that are legally binding.
7.3 Activities that may hinder public order or customs （including submitting, posting, disclosing, transmitting expressions that leads to the discomfort of others, including excessively violent or sexual expressions, or other anti-social content.）
7.4 Activities with the purposes of prostitution, bribery, matchmaking, dating, harassment and slander of other Users, and other activities with purposes that are outside the designated purposes of the Service.
7.5 Actions that go against public order and morality, or provision of information that may go against public order or morality to other users or third parties.
7.6 Activities that infringe upon the rights （including intellectual property rights, such as copyrights, trademarks and patents, fame, privacy and all other rights granted by the law or agreements） of the Company and/or a third party.
7.7 Activities that lead to the misrepresentation of the Company or a third party or intentionally spreading false information.
7.8 Provision of false information or information that may be false.
7.9 Activities that use the Service for commercial purposes without prior approval from the Company, using the Service to meet a person for other encounters, or using the Service for purposes other than the Service's true intent.
7.10 Activities that benefit or collaborate with anti-social groups.
7.11Activities that lead to the collection, disclosure, or provision of User's personal information, registered information or user history without both the Company's and the Users' permission.
7.12 Unauthorized access to the company's systems, distribution of computer viruses, or other activity that interferes with or may interfere with normal operation of the Service.
7.13 Activities that interfere with the Company's operation of the Service, or the User's use of the Service.
7.14 Actions that may have a negative effect on the well-being or sound development of young people.
7.15 Other activities that are deemed to be inappropriate by the Company.
7.16 Activities that aid or promote any of the activities of items 7.1 to 7.15 in this article.
8.1 In the Crowdfunding service, the Supporter/Donor provides financial support to the Project/Cause posted by the Project Owner
8.2 The provision of support funds and actions in the Crowdfunding service will be established as a direct contract between the Project Owner and the Supporter. The Company may not be considered part of the transaction and the rights and obligations concerning this transaction occur between the Project Owner and the Supporter.
8.3 The Project Owner allows authority of a receipt agency of support amount as a consideration of return to this Company, the payment collection agency, or receiving agencies (hereinafter "Payment recipient") designated by this Company. The payment of the support amount to the Project Owner is considered completed once the Payment recipient receives the Support amount.
9.1 Users who have completed their user registration in order to become Project Owners are required to send to the Company all the information related to make a Crowdfunding project in accordance to the method defined by the Company.
9.2 Even if the target amount is not reached within the period of time specified by the Project Owner, the Support/Donation amount shall be fully settled. In addition, the Project Owner must use received Support amount only for the activities indicated in the Project and can not be used for other purposes.
10.1 The Company must calculate the Support amount actually received and delivered it through bank transfer to the bank account designated by the Project Owner beforehand, by the payment date separately determined by the Company. Please note that payments will be made in the currency of the country where the Project Owner resides. However, in certain countries, the payment will be made in US dollars.
11.1 The Project Owner can not cancel the project once started. However, the Company may consider allowing its cancellation due to Project Owner's illness, injury, accident, unexpected accident such as natural disaster damage etc., as long as the Support/Donation amount has not been delivered yet to the Project Owner.
11.2 The Company shall be able to cancel the project at any time if the Project Owner violates these Terms of Use. The same shall apply when the Project Owner cancels his/her registration in the main service.
11.3 The Company disclaims all liability of any damage suffered by the Project Owner by any of the measures stipulated in this section.
11.4 With regard to the grant for a project canceled pursuant to the provisions of this Article, the Project Owner will lose the right to receive the Support/Donation amount.
12.1 The Company will request the Project Owner to provide all necessary bank information for the receipt of the Support/Donation amount, once the project is completed.
12.2 If the Project Owner does not provide the necessary bank account information within one month after the end of the project, or if the Company cannot confirm the bank account information, the Project Owner will lose the right to receive the Support amount.
12.3 In case the Project Owner loses the right of receiving the Support amount, the Company will ask the Supporters of the project if they would prefer a refund or let the Company use the amount to support a project in PleaseGiveHelp's choice.
12.4 If there is no reply from the Supporter within one month from being contacted by the Company, or if the contact information of the supporter is unknown, the Supporter will lose the right to receive a refund of the support. The Support amount will be used by the Company to support projects of our choice within PleaseGiveHelp.
13.1 The Supporter/Donor shall pay the Support amount using the method specified by the Company.
13.2 After payment is made, support cannot be canceled and the support amount cannot be refunded in principle. However, if the Company or the Project Owner withdraws the Project pursuant to the provisions of the preceding Article, the Support amount shall be refunded before delivering it to the Project Owner. In case the Company opts for a direct transfer of funds from Supporter to Project Owner, no refund will be applicable.
13.3 The Supporter can provide a fee to the Company in each support action. The supporter can decide the value of the fee up to 50% of the Support amount. The payment of this fee shall be made at the same time as the payment of the Support amount.
14.1 Text, images, video or other information may only be provided on this service by customers with copyrights or intellectual property rights, or permission to use said information. The customer shall consent to provide freely and indefinitely the rights to use （with or without the purpose to use the service for profit, the rights include duplication, production, representation, screening, public transmission, dictation, installation, distribution, transfer, lending, translation, adaptation. The rights also include re-permission to the third parties） sent or provided text, images, video or other information （hereinafter "Posts contents"） to the company, and the customer may not exercise author's rights regarding provided information stored at the company's or related server by sending or providing from the customer through the service.
14.2 The User must not use the Posts contents beyond the scope of the intended use of the Posts Contents in the Service （including but not limited to copy, transmission, reproduction, modification.） except for obtaining prior consent from both the Company and rights holders.
14.3 The Company may check the details of the Submitted Contents as long as it does not infringe Users' privacy of communications, when the Company acknowledges the needs to check whether the Submitted Contents violate related laws or provisions in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
14.4 In case the Company recognizes that the User has violated, or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company can preclude the User's use of the Service or the Submitted Content in certain manners such as deleting the Submitted Content from the server managed by the Company without providing the User with prior notification. Therefore, the User is recommended to keep a backup of the Submitted Content.
Article 15. Provision, Non-guarantee, Alteration and Termination of the Service
15.1 The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User's own responsibility and at the User's own expense.
15.2 The Company may limit the eligibility of the Service depending on the conditions that the Company considers necessary such as current membership status, age, and identification.
15.3 If deemed that one of the following cases are applicable with regard to the management or provision of the Service, the Company may change, restrict, temporarily suspend, or terminate the Service, in whole or in part, without giving prior notification or seeking prior consent from its members:
(a) If required to carry out emergency maintenance necessary for the management or provision of the Service, due to equipment faults, etc.
(b) If deemed by the Company that the management or provision of the Service has become difficult due to force majeure or a state of emergency such as wars, riots, disturbances, strikes, earthquakes, eruptions, floods, tsunamis, fires, electricity outages, etc.
(c) Due to other unavoidable reasons such as operational or technical issues.
16.1 Required equipment
The responsibility for and the costs of any equipment required to use this service such as computers, smart phones and other devices, software, communications networks and other communication environments are to be the sole responsibility of the User. Further, the cost of installation and use of such devices, software, or communications networks are also to be the sole responsibility of the User. The Company does not warrant that this service will be compatible with any device, and shall have no relation to, nor shall provide support for, the preparation or readying or operation of any device whatsoever.
16.2 Network pathway
The User understands that in the usage of this service, various networks may be used as pathways and, in addition, that depending on the device or network being used to connect the content of data and signals may change due to the different pathways, and that the Company shall no be liable for any said change whatsoever.
16.3 Resolution of trouble
The company disclaims all liability in relation to any trouble with respect to this service experienced by the User or that occurs between a User or a third party (including any trouble that occurs predicated upon future use of the Service) and the User shall bear all responsibility for their costs in relation to and of the resolution of the trouble itself. If there is any trouble, then the parties to the trouble shall resolve the same and if, as a result of the trouble, the Company suffers damage then the parties involved shall be jointly and severally liable to compensate the Company for any such damage.
16.4 Resolution of disputes with third parties
The Company disclaims all liability in relation to any dispute including litigation, complaint, claim or any other trouble related to this service that may occur between the User and a Third Party, and the resolution of any such dispute shall be the responsibility and at the expense of the parties thereto. The parties to such dispute shall be jointly and severally liable to compensate the Company for any costs or damages suffered by the Company in relation to such dispute including legal fees in dealing with the same.
16.5 Burden of fees
Where the User is involved in a dispute with the Company, any and all costs of the Company including legal costs with respect to the dispute shall be borne by by the Users that are party to the dispute jointly and severally and the User agrees to be bound by the same.
17.1 The Company disclaims responsibility for any and all damages caused to the User that may be caused by this Service.
17.2 The Company does not guarantee that projects will be executed reliably or that the contents of the Project will not be changed and disclaims all liability of the execution of the Project at all. The Company is not responsible either for any damages affecting to Supporters caused by not executed projects.
17.3 The Company does not guarantee the legality and feasibility of the projects, the facts posted in the projects, matters concerning other projects, and regarding the damage of supporters arising in connection with the project.
18.1 Obligations of the User, and disclaimer by the Company
The User shall be responsible for all damages suffered by other Users or third parties and be liable to compensate the same caused by his/her violation of this contract, negligence, whether willful or not. If the Company suffers any damage due to the User's conduct violating this Agreement then the Users involved shall be jointly and severally liable to compensate the Company for any such damage.
18.2 The Company's obligation to compensate damages
The Company disclaims all liability for any damage suffered by Users with respect to stoppage, termination, or change of this service, deletion of User registration, deletion or loss of contents, data loss or damage to devices due to use of the service and any other damages suffered due to use of the Service.
19.1 Method of Notification or Contact
(a) When the Company notifies or contacts the User in regard to the Service, the Company can use a method that the Company consider appropriate such as posting on the application operated by the Company.
(b) When the User notifies or contacts the Company in regard to the Service, the User must use the customer inquiry form available on the application operated by the company or any other means designated by the Company.
19.2 Relations to Individual Terms and Conditions of Use
(a) If there are documents released or uploaded by the Company under the name of 'Agreement', 'Policy' etc. （hereinafter 'Separate Terms and Conditions'） in relation to the Service, in addition to the Terms and Conditions, the User also must comply with the Separate Terms and Conditions as well as the Terms and Conditions.
(b) In the event of a provision resulting in a conflict between the Terms and Conditions and the Separate Terms and Conditions, the provision in the Separate Terms and Conditions supersedes the Terms and Conditions.
19.3 Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification becomes effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the application operated by the Company. The User shall be deemed that he/she has made valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing the use of the Service. Users must refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification is not provided.
19.4 Applicable Law and Court
The English copy of this Agreement shall take precedence and the applicable law is South African.
19.5 Severability
Where any provision of this contract is deemed to be ineffective due to a violation of the Law, the part that is not deemed to be in violation shall continue to be effective, and any provisions that are rendered ineffective due to the ineffectiveness of any ineffective provision shall be deemed to be amended to the extent necessary to preserve their effectiveness, and to the extent possible, any provision deemed to be ineffective shall be interpreted so that it retains, wholly or party, its legal and economical effectiveness.
19.6 Special Provisions that Apply to Users outside South Africa
User agrees that his/her personal data is transferred to, and processed in South Africa.
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