WEBSITE TERMS OF USE

Welcome to the Olivia Sieff Foundation website. This site is owned and operated by Olivia Sieff Foundation NPC (company registration number: 202283117508), 15 Norwich Drive, Bishopscourt, Cape Town, South Africa 7708, a not for profit company registered in South Africa. Each and any reference herein to We”, “Us” or “Our” shall refer to the Olivia Sieff Foundation NPC.

It is important to us that when our visitors use this website that you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms and conditions to govern your use of this website and the services/goods available on this website. Please read these Terms of Use carefully before using the website, because they affect your legal rights and obligations.

This website is for purposes of providing information about the Olivia Sieff Foundation, the purchasing of goods available on the website and for the facilitation of donations and contributions.

YOUR ACCEPTANCE OF TERMS

If you do not agree with any of these Terms of Use you may not use this website. By using this website you will be deemed to have irrevocably agreed to these terms.

Some areas of this website may now, or in the future, be subject to additional terms and conditions, including rules for particular features, or activities, and in such event which you should read carefully before making any use of those aspects of the sites. Such additional terms will not change or replace these Terms of Use regarding use of this website, unless otherwise expressly stated. In the event of a conflict those specific terms will prevail over these Terms of Use, to the extent of such conflict.

UPDATE AND REVISION OF TERMS

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on the 28 April 2023.

We may change the sites or delete content or features at any time, in any way, for no reason.

HOW TO CONTACT US

This site is controlled and operated by Us.

Please send any questions, comments or complaints about the website to: info@oliviasieff.org

YOUR REGISTRATION

To access this website or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.

Unless we have received parental consent governing your use of this website, we will assume (and by using this site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

 

ONLINE PRIVACY NOTICE

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information and data is collected and used by us. Please see our Privacy Policy.

TRADEMARKS AND COPYRIGHTS

This site and materials on this website are protected by copyrights or other proprietary rights. The photographs, logos or other names, images, designs etc on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us (the website and all materials herein is collectively referred to as “our IP Rights”). We respect the intellectual property rights of others and require that users of this website do the same with regards to our IP Rights.

YOUR PURCHASE OF GOODS

This website enables you to shop online for the range of goods advertised on and available on this website which collectively shall be referred to as “goods”.

The purpose of selling goods on the website is to raise money for the charities that We support.

You may place orders for goods, which We may accept or reject. Whether or not We accept an order depends on the availability of goods, correctness of the information relating to goods (including without limitation, the price) and receipt of payment or payment of authorisation by Us for the goods. PLEASE NOTE: Regardless of any communication from Us stating that your order or payment has been confirmed, it is only at by delivering the goods to you that an agreement of sale between you and Us comes into effect (“the Sale”).

You hereby acknowledge that stock of all goods on offer is limited. In case of Goods for sale by Us, we will make all reasonable efforts to monitor our stock levels and to update the website when goods are no longer available. However, we cannot guarantee the availability of stock. When goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of the amount paid for such goods. Orders may not be cancelled by you after our receipt of payment of the goods.

Please note that we do not accept refunds or returns at this time.

All prices are given in South African Rands (ZAR) and will be the price at the time that you place your order with us.

Prices quoted are exclusive of Value Added Tax (VAT) at 15%.

Nothing in these Terms of Use is intended or must be understood to unlawfully restrict or limit any right or obligation, as the case may be, created for either you or Us in terms of the Consumer Protection Act (CPA). Please communicate with us should you have any complaints or questions in this regard.

PAYMENTS VIA OUR WEBSITE

We are committed to providing secure online payment facilities. All transactions are encrypted. 

Payment for goods or in respect of donations can be made via: Credit Card (in which event we may require additional information from you in order to authorise or verify payment before we finalize the order), or Instant EFT via Payfast.

The private information required for processing payments including donations, will be kept in the strictest confidence by Us and will not be sold or made known to third parties.

Card Acquiring & Security: Card transactions will be acquired for Us via Payfast, 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 website. Users should go to www.payfast.co.za to view their terms, including security certificate and security policy.

User/Customer Details Separate From Card Details: User details will be stored by Us separately from the card details that have been entered by the user on Payfast’s secure site. For more detail on Payfast, refer to www.payfast.co.za for its terms and conditions.

You may contact us via mail to info@oliviasieff.org in order to obtain a full record of your payment.

Once you have selected your payment method and you accept these Terms of Use, you will be directed to a link to a secure site for payment of the applicable purchase price of the goods or for making of the donation.

Electronic Signature: You acknowledge and agree that by agreeing to these Terms of Use electronically, by completing purchase or completing your donation and you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed on the website.

Fraud: We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

 

YOUR USE OF MATERIAL

The website is only for your personal, non-commercial use for the purposes intended, namely to learn about the Olivia Sieff Foundation, to make a donation or contribution and/or to purchase goods available on the website. You may not use the website for commercial purposes or in any way which is unlawful or harms us or any other person or entity. Your right to make use of this website and any material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the material or any other content on this website for any purpose not permitted by these Terms of Use may be a violation of our IP Rights and is prohibited.

You may not access or use material and all other content displayed on this website unless you have Our express written authorisation to do so. The content from this website may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless such authorisation has been obtained. Any authorisation to copy material granted by Us in any part of this website for any reason is restricted to use as specifically authorised by Us and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products or materials based (in whole or in part) on such software, is strictly prohibited.

SUBMISSIONS, POSTINGS AND E-MAILS

From time to time, areas on this website may expressly request submissions of stories, or other content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this site to govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make. In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this website. You may only use this website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal data/information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Us) or privately transmitted on or through this site are the sole responsibility of the sender, not Us, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

Please note that We do not accept or consider unsolicited submissions of any kind in any format, by any means of transmission (including email) (“Unsolicited Submissions”). Any Unsolicited Submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any Unsolicited Submissions to Us.

RESTRICTIONS AND CODE OF CONDUCT

We  require that you do not post e-mails or submit to or publish through forums or otherwise make available on this website any content, or act in a way, which in our opinion: libels, defames, invades privacy, stalks, is obscene, pornographic, blasphemous, racist, abusive, harassing, threatening or offensive; disparages, criticises, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); advocates or promotes illegal activity; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting competitions or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorised on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site; copies any other pages or images on this site except with appropriate authority; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites).

SYSTEM ABUSE

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”, (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this website by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website.

SECURITY

As detailed in our comprehensive privacy policy, this website may collect and store certain kinds of personal information and data. How We protects and uses this information can be found in the Privacy Policy.

INVESTIGATIONS

We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send. We may in our discretion seek to gather information from the user who is suspected of violating these Terms of Use, and/or from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If We believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may remove the material permanently, cancel postings, warn users, suspend users, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD US (INCLUDING OUR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US (INCLUDING OUR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BY US OR LAW ENFORCEMENT AUTHORITIES.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, OLIVIA SIEFF FOUNDATION (INCLUDING MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE (INCLUDING RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE (INCLUDING RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE (INCLUDING RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE (INCLUDING RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

WE (INCLUDING RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE (AND/OR ANY OF OUR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD US (INCLUDING OUR RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES OFFICERS, AGENTS, DISTRIBUTORS, AFFILIATES AND REPRESENTATIVES) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM YOUR BREACH OF ANY OF THE FOREGOING PROVISIONS, REPRESENTATIONS OR WARRANTIES, AND/OR FROM YOUR PLACEMENT OR TRANSMISSION OF ANY CONTENT ONTO OUR SERVERS, AND/OR FROM ANY AND ALL USE OF YOUR ACCOUNT.

SERVICE

In order to use this site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the site on the World Wide Web (including a computer, modem and/or other access devices). We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.

LOCAL REGULATIONS

We make no representation that materials or other content in the site are appropriate or available for use outside of South Africa. If you choose to access the site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in or from which you access the site.

THIRD-PARTY SITES

This site may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Us or any association with its operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Us, since other websites, including but not limited to shop channels are owned and operated by independent parties. We do not endorse any of the merchandise, nor has We taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

PROPRIETARY ONLINE SERVICES

Any area of this site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

JURISDICTIONAL ISSUES

The materials and all other content in this website are presented solely for the purpose of providing information and promoting the Olivia Sieff Foundation and its purpose and objectives.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of South Africa and the courts of South Africa shall have exclusive jurisdiction in respect of any actions or claims under these Terms of Use and you hereby consent and submit to the personal jurisdiction of such courts, provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any of the remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

CLAIMS OF INFRINGEMENT

If you believe that any content appearing on this site infringes your copyright rights, We want to hear from you. Please forward the following information in writing to info@oliviasieff: your name, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law; your electronic or physical signature or the electronic or physical signature of the person authorised to act on your behalf; and a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

GENERAL

If you breach these Terms of Use and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

Except where expressly provided to the contrary, these Terms of Use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise.