TERMS OF SERVICE AGREEMENT FOR DONORS

By using the 10 BUCKS ONLY Platform for any purpose, you warrant and indicate that you have understood and agree to be bound by the terms and conditions of these Terms of Service. 10 BUCKS ONLY’s Privacy Policy (available here) is incorporated by reference into these Terms of Service and is subject to these Terms of Service.These Terms of Service may be amended by 10 BUCKS ONLY at any time, and all amended provisions shall be effective automatically and immediately upon the posting of the revised Agreement. Any subsequent activity on or in relation to the Platform shall be governed by such amended terms and conditions of usage.

If you do not agree to the terms of this Agreement, please do not use the Platform. If you wish to register as a User to make use of the Platform, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Platform regardless of whether you register an account as a User.

This Agreement was last revised on 18 February 2021. You are advised to regularly check the Platform for any amendments or updates.

In this Agreement the following definitions apply:

1. "NPOs"– shall mean the charities, companies, associations, and non-profit organizations who have registered on the Platform in order to fulfill a need by receiving a donation from a User.

2. "Donations" shall mean any contribution payable by any User in respect of donations made towards NPOs by the Platform.

3. "Need" shall mean a request for assistance either in the form of a donation by NPOs.

4. "Services" means access to the 10 BUCKS ONLY Platform and any other services provided by 10 BUCKS ONLY as applicable in the context of this Policy.

5. "Platform" shall mean the 10 BUCKS ONLY digital platform that provides an exchange of information in regard to Non-profit organizations.

6. "Third Party Payment Platforms" means external websites/apps of payment services that facilitate online payment transactions.

7. "User/s" shall mean individuals who use the Platform to donate to NPOs.

The legislation governing the provision and use of this Platform are:

• The Copyright Act 98 of 1978;
• The Electronic Communications and Transactions Act 25 of 2002;
• The Consumer Protection Act 68 of 2008;
• The Protection of Personal Information Act 4 of 2013.

3.1 When registering on the Platform, you confirm that you are a natural person over the age of 18. If you are under 18, you warrant that you have obtained the consent from the relevant parent or guardian.

3.2 10 BUCKS ONLY is entitled to demand that any User provide any evidence and/or information reasonably required to confirm a User’s legal standing in whichever capacity as is stated.

3.3 Registering an account requires completion of a form which requires the User to supply 10 BUCKS ONLY with certain information. 10 BUCKS ONLY shall provide updates on news, activities, and topics of interest using the email address provided by User. You are entitled to notify 10 BUCKS ONLY that you wish to no longer receive such communications.

3.4 User is responsible for providing and warrants that the information supplied in the application form is true, complete, and current. Should 10 BUCKS ONLY find any information to be false and misleading, 10 BUCKS ONLY may suspend or terminate the offending account and may refuse all current and future use of the Platform for that User.

3.5 User undertakes that the login credentials supplied upon creation of an account will not be disclosed to any person unauthorized to access the account. Security of each individual account is the responsibility of the User, and 10 BUCKS ONLY disclaims all liability with regard thereto.

3.6 Users are responsible for all activities that occur under the account. 10 BUCKS ONLY may require you to change the login credentials at various times, and you agree that you will comply with such requests.

3.7 You will notify 10 BUCKS ONLY immediately of any unauthorized use of the account or any other breach of security. 10 BUCKS ONLY assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. In the event of the security of an account being compromised, 10 BUCKS ONLY reserves the right to suspend the processing of any communications and may immediately deactivate the User’s logon credentials. You shall refrain from using the Platform until new logon credentials are issued.

3.8 You hereby indemnify and hold 10 BUCKS ONLY, its directors, employees, agents, and representatives, harmless for any and all losses, damages, and expenses arising from your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.

3.9 By registering on the Platform, you agree that:

• You will not use a name that 10 BUCKS ONLY, in its sole discretion, deems inappropriate or offensive;
• You will not use a user name or email address of any other person without authorization;
• Your use of a name will not violate the intellectual property rights of any person, company, or organization;
• You will not use a name or email address of another person with the intent to impersonate that person.

3.10 You agree that you shall refrain from registering and creating accounts using automated means.

4.1 You agree that 10 BUCKS ONLY will not be responsible for any liability of any sort arising from loss, damage, or any other means as the result of interactions between Users and NPOs and you hereby irrevocably waive any claims against 10 BUCKS ONLY arising from or related to your relationship with another User or NPO.

4.2 You hereby release 10 BUCKS ONLY, its officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind, that is either directly or indirectly related to or arises from: any interactions with other User/s or NPO/s; or your participation in any activities arising from or related to your use of the Platform.

5.1 Use of the Platform is governed by the provisions in these Terms of Service.

5.2 By using or accessing the 10 BUCKS ONLY Platform, you undertake to refrain from the following conduct:

• Utilizing the Platform for any reason other than that which is specifically authorized or permitted by 10 BUCKS ONLY;
• Transmitting or disseminating any form of malware which is of a destructive nature;
• Intercepting any User or Third Party data;
• Posting any content that is objectionable in any regard, including without limitation any content that is hateful, intimidating, pornographic, provocative or promoting violence of any nature or content which is harmful to children.
• Interfering with or editing (directly or indirectly) the source code or scripts of the Platform;
• Performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform.
• Posting or uploading any content intended to solicit business – which you are not authorized to post or upload.
• The transmission or dissemination of unsolicited 'spam' messages by email, SMS, or any other means;
• Using the Platform to bully, intimidate or harass any User or any other third party;
• Using the Platform to perform or promote any act that is unlawful, deceptive, malicious, defamatory, or discriminatory;
• Making use of the Platform in any way that violates or infringes any person’s rights or any laws;
• Copying the source code of the Platform; or
• Using the material on the Platform for any reason other than permitted uses.

5.3 Use of the Platform for any purpose that is unlawful or disallowed by these Terms of Service and any additional Terms of Service is strictly prohibited.

5.4 10 BUCKS ONLY may, in its sole discretion, terminate any account for failure of a User to abide by the restrictions set out. Unauthorized use of this Platform may result in 10 BUCKS ONLY instituting a claim for damages against you and/or you may be found guilty of a statutory and/or criminal offense.

5.5 10 BUCKS ONLY is not liable to you nor any third party for any breach of your obligations under these Terms of Service and for any consequences arising as a result of such breach, including any loss or damages which you and/or any third party may suffer.

The content made available to you through the Platform, (“Our Content”), is owned by 10 BUCKS ONLY and/or its licensors and is protected by South African copyright laws. Our Content may not be copied, modified, reproduced, or used in any other way, other than specifically and expressly authorized by 10 BUCKS ONLY.

Any Donations made through the 10 BUCKS ONLY platform are solely between the User and NPO. 10 BUCKS shall have no liability to donors whatsoever for any use or misuse of donations made through the 10 BUCKS ONLY platform. An NPO may state that they will use donations only for specific purposes, and while 10 BUCKS ONLY does vet all NPOs available on the platform, 10 BUCKS ONLY cannot guarantee that they will use it for such purpose.

8.1 10 BUCKS ONLY, its shareholders, directors, affiliates, and any other connected parties will bear no responsibility and obligation in ensuring that section 18A donations received via our platform are utilized by the organization for section 18A public benefit activities as defined in the Income Tax Act of 1962.

8.2 All donor information provided on the receipt is automatically captured from signup details provided by the donor; therefore, it is the donor’s responsibility to provide the correct details upon signing up.

10 BUCKS ONLY is a distributor and publisher of content supplied by NPOs and Users of the Platform and by other third parties.

Any information provided as part of a User / NPO’s content are those of the respective author/s or distributor/s of that information and not of 10 BUCKS ONLY.

10 BUCKS ONLY does not warrant the accuracy or reliability of any content provided or distributed by any User or NPO on the Platform. 10 BUCKS ONLY has the right, but not the obligation, to monitor and review the Content on the Platform and your account to determine compliance with these Terms and any other operating rules established by 10 BUCKS ONLY, to satisfy any law or for other purposes. You understand and acknowledge that 10 BUCKS ONLY does not monitor Content for accuracy or reliability.

10.1 This Platform is the property of 10 BUCKS ONLY and/or the property of our affiliates and is protected by intellectual property laws in South Africa.

10.2 Ownership of all such intellectual property remains with 10 BUCKS ONLY and/or affiliates. You are not authorized to use any such intellectual property without prior written consent from 10 BUCKS ONLY and/or affiliates.

10.3 Violation of the Intellectual Property Rights of 10 BUCKS ONLY may result in the suspension or termination of your account at the sole discretion of 10 BUCKS ONLY.

10.4 Users must refrain from uploading content for which the User does not have permission to use.

10.5 The User indemnifies and holds 10 BUCKS ONLY harmless for any and all intellectual property infringement claims that may arise as a result of the content uploaded by the User/User’s Account. Users will be solely responsible for any and all damages resulting from any infringements of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

11.1 When permitted by law, 10 BUCKS ONLY, and 10 BUCKS ONLY's affiliates, will not be responsible for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.

11.2 You agree to indemnify and hold 10 BUCKS ONLY and its affiliates harmless from and against any claims, damages, actions, losses, and liabilities, including, without limitation: loss of profits; direct, indirect, incidental, special, consequential, or punitive damages; and any reasonable legal fees, resulting from: misuse of the Platform; violation of any of the Terms; malware; or delays in computer transmissions or network connections.

11.3 If you are dissatisfied with any portion of this platform, your sole and exclusive remedy is to discontinue use of the platform.

12.1 You expressly agree that use of the Platform is at your sole risk.

12.2 10 BUCKS ONLY makes no warranty that the Platform will meet your specific requirements or that the Platform will be available and uninterrupted.

12.3 10 BUCKS ONLY does not warrant that defects on the Platform will be corrected.

12.4 10 BUCKS ONLY and/or affiliates make no warranties or representations as to the accuracy of the Platform’s content as supplied by NPOs.

12.5 10 BUCKS ONLY makes no warranty regarding any dealings with or transactions entered into with any other parties through the Platform. The entire risk as to satisfactory quality, performance, accuracy, effort, and results to be obtained through the use of the Platform is with you. No advice or information, whether oral or written, obtained by you from 10 BUCKS ONLY or through the services shall create any warranty not expressly made herein.

13.1 Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents.

13.2 You understand and agree that 10 BUCKS ONLY shall have no control over such website/s, does not review, and cannot be responsible for these outside sites or their content.

13.3 You agree that 10 BUCKS ONLY shall have no responsibility or bear no liability in relation to the content of the linked website/s. We encourage you to review the terms of use and privacy policies for any such third party links you visit on those websites.

13.4 10 BUCKS ONLY will not be liable for any information, software, or links found at any other website, internet location, or source of information, or for your use of such information.

14.1 The Platform is controlled and operated from the Republic of South Africa, and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.

14.2 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Durban, South Africa, and each party hereby consents to the jurisdiction of the courts thereof.

14.3 Without any restriction on the User/s rights to pursue legal recourse in the forum of the User/s choice, the User/s agree that any dispute regarding this Agreement that cannot be resolved amicably shall first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court, and such arbitration shall be conducted in Durban.

14.4 10 BUCKS ONLY confirms the domicilium citandi et executandi for all purposes associated with the Platform, transactions pertaining to the Platform, including the giving of any notice, the payment of any sum, the serving of any process, as follows: Suit 9, West Riding Offices, 50 West Riding Row, Sherwood, Durban 4091.

14.5 10 BUCKS ONLY does not receive legal notice or accept the serving of documents attached to legal processes on 10 BUCKS ONLY by electronic mail.

10 BUCKS ONLY will deal with all personal information supplied to 10 BUCKS ONLY in relation to the provision of the Services in accordance with 10 BUCKS ONLY's Privacy Policy, the Terms of Service set out herein, and South African legislation.

Information relating to the collection, usage, and disclosure of your personal information can be found in our Privacy Policy accessible here.

This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

17.1 When any payment is made through the 10 BUCKS ONLY platform via our Third Party Payment Solution, such a transaction is solely between the User and NPO.

17.2 Third Party Platforms have their own terms and conditions, and it is the User’s responsibility to read these terms and conditions. 10 BUCKS ONLY makes no guarantees regarding the performance of Third Party Payment Platforms.

17.3 10 BUCKS ONLY merely makes use of payment systems owned and operated by third parties to facilitate electronic transactions. None of these Third Party Payment Platforms are our employees, subcontractors, agents, intermediaries, or representatives, or otherwise controlled by us.

17.4 You use the 10 BUCKS ONLY Platform, Third Party Payment Platforms, and associated Services solely at your own risk.

17.5 All transactions are processed in South African Rand.

17.6 10 BUCKS ONLY is not responsible for the following:

17.6.1 errors in the payment information or links submitted by NPOs;

17.6.2 any inaccurate information published on the Platform;

17.6.3 the security of personal information submitted on a third party website; and

17.6.4 any breach of contract by a third party website owner or third party organization.

17.7 You agree that 10 BUCKS ONLY will not be responsible or liable for any loss, cost, damage, or other liability of any sort incurred as a result of making use of third party platforms to effect payments, and you hereby irrevocably waive any claims against 10 BUCKS ONLY arising from or related to any such payment.

17.8 You hereby release 10 BUCKS ONLY, its officers, employees, agents, and successors from claims, demands, and any and all losses, damages, rights, claims, and actions of any kind, including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any payments made.

The following table contains further information on 10 BUCKS ONLY and represents the information that must be provided by 10 BUCKS ONLY to you. You are advised to regularly check this section of the Legal Notice for any amendments or updates.

Full Name	10 Bucks Only (Pty) Ltd
Registration Number	2019/521278/07
Place of Registration	Durban
Directors	M.R. Khan and M.R. Amra
Physical Address	Suit 9, West Riding Offices, 50 West Riding Row, Sherwood, Durban 4091
Postal Address	Suit 9, West Riding Offices, 50 West Riding Row, Sherwood, Durban 4091
Physical Address for receipt of legal documents	Suit 9, West Riding Offices, 50 West Riding Row, Sherwood, Durban 4091
E-mail address	hello@10bucksonly.co.za
Website Address	www.10bucksonly.co.za
Membership to self-regulatory and/or accreditation bodies	Not applicable
Description of products and services offered	Online Donations
Terms of Service	Can be accessed at: www.10bucksonly.co.za
Privacy Policy	Can be accessed at: www.10bucksonly.co.za
Ozow payment solutions terms and conditions	Can be accessed at: https://ozow.com/terms-and-conditions