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Terms of Use

Terms of Use

General

    The Star Foundation (“TSF”) (www.thestarfoundation.co.za (“the Site”)) is a non-profit company (“NPC”) with registration number: 2017/527992/08 and a registered Public Benefit Organisation (“PBO”) with exemption reference number: 930074326.

    The Star Foundation, as an integral part of LottoStar (Pty) Ltd, (hereinafter referred to as (“TSF”, “We” or “Us”) is committed to rebuilding and renewing hope in our communities by working with different organisations, individuals and stakeholders who are willing to make an everlasting impact.

Accessing the Site

    Any person (“You”, “Your” or “Yourself”) making use of the Site expressly agrees to be legally bound by these Terms of Use (“Terms”), which shall take effect from Your first use of the Site. Please also visit our Privacy Notice (which You are also agreeing to by using the Site). If You do not agree to these Terms, You must not access or use the Site.

    TSF reserves the right to update or amend the Terms in its sole discretion without providing any notification to You. Your continued use of the Site after any changes are posted means that You agree to be legally bound by these Terms as updated and/or amended. You agree to acquaint Yourself with these Terms periodically to ensure that You are aware of any changes.

    TSF is only for Your personal, non-commercial use. You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights, or restricts, or inhibits the use and enjoyment of the Site by any third party.

    TSF reserves the right to withdraw or amend the service it provides on the Site without notice and will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, TSF may restrict access to some parts of the Site or the entire Site to users.

    The Site is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
    When You provide Your details or contributions to Us, You are stating that You are over 18 years of age. You agree that any information You provide to us about Yourself to TSF or at any time will be true and accurate.

    The Site may contain links to other websites (which we do not necessarily endorse). When You access these websites, You do so at Your own risk.

Intellectual Property Rights

    All intellectual property rights existing in and attached to this Site, including TSF’s brand and logo, may not be reproduced, modified, copied, republished, posted, broadcasted, transmitted or otherwise in any way without the express written consent of TSF.
    The names, images and logos identifying TSF or any other third parties referred to on the Site and their products and services may be subject to copyright, design rights or trademark rights. These trademarks may not be reproduced without the consent of the relevant owners. TSF does not grant any licence, express or implied, to the intellectual property of TSF or third parties except as expressly authorised by these Terms.

Privacy Notice

    We process information about You in accordance with our privacy policy. By using the Site, You consent to such processing and You warrant that all data provided by You is accurate, please read TSF Privacy Notice in conjunction with these Terms.

Viruses, Hacking And Bugs

    TSF does not warrant that the functions contained in the Site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.

    TSF will not be liable for any loss or damage caused by any viruses or other technologically harmful material that may affect Your mobile phone, computer equipment, data or other proprietary material due to Your use of the Site.

Due Diligence Processes

    While every effort will be taken to ‘vet’ campaigns for individuals and other NPOs/NGOs, TSF ultimately cannot warrant that Your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction You may have regarding the recipient use of any donation You may make through the Site or for any misuse or non-use of such donations by the recipient.

    NGOs/NPC’s with PBO Status and Individuals will be required to submit all required information prior to becoming eligible for a donation. In the event that any information is not forthcoming, TSF may not consider such a cause any further. Not all causes may be selected for donations and TSF reserves the right to use its best endeavours to select the causes that it believes fits with its vision, mission and objectives.

Donations

    TSF accepts online donations via its Site.
    TSF cannot refund any donations that have already been successfully processed.
    Payment may be made via Electronic Funds Transfer (EFT), debit or credit card. Where donations are made through debit or credit card TSF will not store any card details. Payments must be from a debit/credit card or bank account in Your name, however, all transactions are taken as having been authorised by the lawful cardholder.
    TSF shall issue electronic tax receipts (Section 18A certificates) annually.

Disclaimer, Indemnity and Limitation of Liability

    You use the Services solely at Your own risk. They are provided to You without warranty of any kind, whether express or implied.

    If You do something that results in the breach of any of these Terms, you hereby indemnify us and agree to defend and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to Your use or misuse of the Site.

    In no event will TSF (or our directors, employees, partners, suppliers, or content providers) be liable for damages of any kind, including but not limited to damages (i) resulting from Your access to, use of, or inability to access or use the Site; (ii) for any lost profits, data loss, or cost of procurement of substitute goods or services; or (iii) for any conduct or content of any third party on or in connection with the Site (including hackers or employees/agents of TSF acting beyond the scope of their authority).

    By using the Site, you release TSF from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Site.

Jurisdiction and Applicable Law

    In the event that you have any complaints or believe that we have caused you any loss or harm, please contact us (using the Contact Us page) first before resorting to legal action.
    In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of South Africa, and you consent and submit to the exclusive jurisdiction of the Gauteng Local Division of the High Court of South Africa, Johannesburg in any dispute arising from or in connection with these Terms.

The Boilerplates

    These Terms constitute the entire agreement between You and TSF with regard to the Site. Neither You nor TSF will have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms.

    No agreement to vary, add to or cancel these Terms as they specifically apply to You will be of any force or effect unless recorded in writing (which doesn’t include email) and signed by or on behalf of both You and TSF.

    If any provision of these Terms is rendered void, illegal or unenforceable under any law of any jurisdiction (provided the provision isn’t vital to the proper understanding of these Terms), the validity, legality and enforceability of the remaining provisions should not in any way be affected and the legality, validity and unenforceability of such provision under the law of any other jurisdiction are not in any way affected or impaired.

    These Terms are personal to You and You cannot cede any rights that You may have against Us, or delegate any obligations You owe to Us unless You have TSF’s prior written consent. There may, however, be circumstances where We need to cede our rights against You or delegate TSF’s obligations owed to You to third parties (for example, if we undergo a corporate restructure). These Terms constitute Your prior consent to such cession and delegation.

Contact Us

    If You have any questions about TSF You can reach out through our Contact Us page.