DONATION POLICY
2.1. Introduction:
We recognise that Donations are essential to achieving the Raise a Life. Raise a Nation. objectives.
As a private company, we partner with non-profit organisations to distribute our supplementary nutritional sachets to children in need.
In terms of the Raise a Life. Raise a Nation. campaign, consumers and corporate entities may make Donations earmarked for the campaign. Such Donations may be made either directly to us, or to Food Forward SA where you require a section 18A tax certificate in terms of the Income Tax Act 58 of 1962.
Our Donation Policy establishes the principles, rules and commitments governing the acceptance, management, and application of Donations received in respect of Raise a Life. Raise a Nation. Our Donation Policy is designed to ensure compliance with South African legislation, promote transparency and accountability, and provide donors with confidence that their contributions will be applied exclusively to the stated purposes.
2.2. Legal basis for receiving Donations:
We are incorporated as a private company in terms of the Companies Act 71 of 2008. We are not a non-profit or public benefit organisation. While our primary business purpose is the production of food products, we have initiated Raise a Life. Raise a Nation. to extend our contribution to the fight against child malnutrition in South Africa. Donations made in support of this initiative:
1) do not entitle the donor to ownership or control rights in Compact Food;
2) may be subject to donations tax in terms of section 54 of the Income Tax Act, which is payable by the donor, unless exempt; and
3) do not qualify for tax-deductible receipts under section 18A of the Income Tax Act, unless made through Food Forward SA NPC, which is an approved Public Benefit Organisation.
2.3. Acceptance and refusal of Donations:
We will only accept Donations that are consistent with the mission, values, and objectives of Raise a Life. Raise a Nation. We will not accept Donations:
1) derived from unlawful or unethical sources;
2) which impose unreasonable conditions on its operations or independence;
3) that may cause reputational harm or conflict with its stated values and objectives;
4) that create an inference of political or partisan alignment; or
5) that could be used to improperly influence our business decisions, procurement, or governance.
We may request proof of source of funds from you when you make larger donations, to ensure that the funds you intend to Donate are not derived from illegal activities.
2.4. Application of Donations:
All Donations received by us will be ring-fenced for Raise a Life. Raise a Nation. and applied exclusively to the manufacture of nutritious food sachets, which will be distributed free of charge to approved NGOs, distributors and other community partners for the benefit of malnourished children.
2.5. Record-keeping, reporting and audit:
We will maintain proper accounting records of all Donations received, including details of the donor, the amount or nature of the Donation, and the manner in which it has been applied.Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
We will issue written acknowledgements of receipt of Donations, and, where Donations are channelled through Food Forward SA, will facilitate the issuing of section 18A tax certificates where legally permissible.
2.6. Donor rights and recognition:
We acknowledge the rights of donors to:
1) have their Donations applied solely for the purposes set out in this Policy;
2) receive appropriate acknowledgement of their Donation, unless anonymity is requested; and
3) have their personal information safeguarded in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Donor recognition, whether in publications, reports or otherwise, will be at our sole discretion and will not be a condition of a Donation. We retain full independence in respect of our operations and will not permit Donations to compromise our mission.
2.7. Complaints and return of Donations:
Donations made directly to us will not qualify for section 18A certificates. Donors requiring such certificates will be referred to Food Forward SA NPC as our Raise a Life. Raise a Nation. partner.
2.8. Tax and VAT clarification:
Donations made directly to us will not qualify for section 18A certificates. Donors requiring such certificates will be referred to Food Forward SA NPC as our Raise a Life. Raise a Nation. partner.
3. NO WARRANTIES OR REPRESENTATIONS
3.1. We do not warrant the correctness of information on our Platforms. Once we become aware of any inaccuracies, we may correct, change or update information, or cancel access to our Platforms at any time if any information is inaccurate.
3.2. We do not warrant that our Platforms are error-free or that they shall meet any particular criteria of performance or quality, including non-infringement, compatibility, security and accuracy.
3.3. While we have taken reasonable measures to ensure the integrity of our Platforms and its contents, no warranty, whether express or implied, is given that any files or downloads available via our Platforms are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of any of your systems or devices.
4. INDEMNIFICATION
4.1. Your use of our Platforms and the information contained thereon is entirely at your own risk and you take full responsibility and risk of loss resulting from the use thereof.
4.2. You bear all risk of transmitting information via our Platforms, as it is susceptible to monitoring and interception. Under no circumstances shall we be liable for any loss, harm, or damage suffered by you as a result thereof. We reserve the right to request independent verification of any information transmitted to us and you consent to such verification should we deem it necessary.
4.3. We will not, nor our affiliates, shareholders, agents, consultants or employees be liable for any damages whatsoever, including any direct, indirect, special, incidental, consequential or punitive damages (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of our Platform or any functionality thereof, the information contained thereon, or of any linked website.
4.4. We do not guarantee continuous, uninterrupted or secure access, as operation of our Platforms may be interfered with as a result of a number of factors which are outside of our control.
5.1. You may not make use of our Platforms if you are under the age of 18.
5.1. You may not make use of our Platforms if you are under the age of 18.
5.2. You hereby agree that you shall not, nor through a third party:
5.2.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of our Platforms for any reason and
5.2.3. write and/or develop any derivative
5.2.3. write and/or develop any derivative
5.2.4. modify or enhance our Platforms. If you make modifications or enhancements to our Platforms in breach of this clause, such modifications and enhancements shall be our property;
5.2.5. without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access of our Platforms by persons other than you;
5.2.6. remove any identification, trademark, copyright or other notices from our Platforms; or
5.2.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through our Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.
6. PERSONAL INFORMATION
Your personal information will be used in accordance with our Privacy Policy. Our Privacy Policy can be accessed on the Website.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. For the purpose of this clause, “Intellectual property rights” refers to all and any of the rights in and to intellectual property of any nature owned and/or controlled directly or under license by us now or in the future, including our rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may exist in any part of the world, whether registered or not.
7.2. All intellectual property rights in all content, trademarks, software, data, material, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on our Platforms (“proprietary material”), are the property of, or are licensed to, us.
7.3. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained on our Platforms is granted to you.
7.4. We authorize you only to view, copy, temporarily download and to print the content of our Platforms, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and is used for non-commercial purposes. Anything beyond will require our prior written consent.
8. YOU USE THIRD-PARTY TOOLS AT YOUR OWN RISK
8.1. When using our Platforms you may be directed, shown or given access to, third-party tools and websites that are not under our supervision or control. We are not responsible for your use of optional third-party tools or websites, and we do not make any warranties or representations about such tools. You use third-party tools at your own risk and must familiarize yourself with the terms and conditions of any third-party tools you use.
8.2. Complaints or concerns about a third-party tool or website must be directed to the relevant third-party.
9. WE MAY CHANGE INFORMATION OF OUR PLATFORMS WITHOUT NOTICE
We reserve the right to make improvements, to change or to discontinue, without notice, any aspect, feature, information, content, made available on our Platforms.
10. YOUR INFORMATION
10.1. You must provide current, complete and accurate information for all Donations made through our Platforms. We need this information to complete your transactions and contact you as needed. We will not be liable for any damages you suffer as a result of you entering the wrong information.
10.2. If you are concerned about the protection of your information, please read our Privacy Policy.
10.3. Your information will be stored by us separately from card details which are entered by you on PayGate’s secure site. For more details on PayGate, we refer you to www.paygate.co.za. We do not store your card details and payment information on our Platforms.
11. ACCEPTABLE PAYMENT METHODS FOR DONATIONS
11.1. Donations may be made via PayGate (Pty) Ltd. PayGate uses the strictest form of encryption, namely Secure Socket Layer (SSL) and no Card details are stored on our Platforms. Users may go to www.paygate.co.za to view their security certificate and security policy.
11.2. We will provide you with an electronic receipt after you have made a Donation.
12. BREACH OR CANCELLATION
12.1. We are entitled without notice, in addition to any other remedy available to us at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny you use of our Platforms, or to claim specific performance of any obligation, in either event without prejudice to our right to claim damages, should you:We are entitled without notice, in addition to any other remedy available to us at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny you use of our Platforms, or to claim specific performance of any obligation, in either event without prejudice to our right to claim damages, should you:
12.1.1. breach any of these Terms;
12.1.2. in the sole discretion of us, use our Platforms in anunauthorized manner; or
12.1.3. infringe any statute, regulation, ordinance or law.
12.2. Breach of these Terms entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
13. DISPUTE RESOLUTION
13.1 You are required to firstly submit any dispute to us by sending an email to [email protected] to afford us an opportunity to resolve the complaint within 14 days of receipt of the email.
13.2 You may approach any other relevant authority or dispute resolution body, for resolution of the dispute, should we not resolve the dispute within the time period in clause 13.1 above.
14. OUR DETAILS
14.1. Our details are set out below:
14.1.1. Business name and registration number: Compact Food Solutions (Pty) Ltd
14.1.2. Registration number: 2014/018470/07
14.1.3. Registered address: 6th Floor, 119 Hertzog Boulevard, Foreshore, Cape Town, 8001
14.1.4. Telephone number: +27 21 788 1766
14.1.5. Website address: www.raisealife.co.za
14.1.6. E-mail address: [email protected]
15. COMPLIANCE WITH LAWS
You must comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to our Platforms.
16. APPLICABLE LAW
Your use of the Website and our Platforms are subject to the laws of the Republic of South Africa and the exclusive jurisdiction of the Courts of the Republic of South Africa.
17. NOTICES
Except as explicitly stated otherwise, any notices shall be given by email to [email protected]. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to us. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law, or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
18. FORCE MAJEURE
We will not be liable for any default or delay in the performance of our obligations under these Terms if such default or delay is caused by any act of God, war or civil disturbance, court order, or any other circumstance beyond our reasonable control including fluctuations in communications or utility services (“Circumstances of Force Majeure”) and provided we are without fault in causing such default or delay, and such default or delay could not have been prevented by us through the use of reasonable alternative sources, workaround plans or other reasonable means.
19. GENERAL CLAUSES
19.1. If a provision of the Terms is found to be unenforceable, that provision and the rest of the Terms will be enforceable as is permitted in law. The unenforceable portion will be deemed to be severed from the Terms and it will not affect the validity of the rest of the Terms.
19.2. Our Platforms are controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representation that the content of our Platforms are appropriate or available for use outside of South Africa. Access to our Platforms from territories or countries where the content of our Platforms is illegal is prohibited. You may not use our Platforms in violation of South African laws and regulations. If you access our Platforms from locations outside of South Africa, you are responsible for compliance with all local laws.
19.3. Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
19.4. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of us.
19.5. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
