Terms and Conditions of Use
Thank you for visiting this website. Please read these Terms and Conditions of Use (“Terms of Use”) carefully before using this site.
These Terms of Use apply to the entire contents of the Food & Trees for Africa (‘FTFA”) website located at www.trees.org.za and all associated sites linked to www.trees.org.za by FTFA, its affiliates and/or other websites owned by FTFA and any/all downloaded or streamed content or email correspondence between us and you (collectively referred to as the “Site”).
- User agreement
- BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE
- If you use the website (including downloading and/or streaming content from the website) you will be deemed to have read and be bound by these Terms of Use of Use whether or not, you have registered with us.
- We therefore strongly recommend you read, agree with and accept all of the Terms of Use of Use contained in this document which includes those expressly set out below and those incorporated by reference, before you may make use of the website and related services.
- FTFA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use of Use, at any time. It is your responsibility to check these Terms of Use of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use of Use, FTFA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- Definitions
- Reference in these Terms of Use to “we”, “our” or “us” means FTFA, and “you” or “your” means any person or entity using the website and related services.
- The terms “Site” and “Website” are used interchangeably throughout this policy document and FTFA’s Privacy Policy Document.
- Accessing and Using the website
- You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of FTFA or others.
- You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. FTFA reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any web hosting server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other donor/partner of FTFA to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or networks, or any systems or networks connected to the Site or to FTFA.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FTFA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Again, we reserve the right in our sole discretion to deny any user access to the website or any part of it without prior notice.
- Trademarks, Intellectual Property Rights and Copyright
- The FTFA Logo, all individual programme and logos are protected by copyright. To strengthen their protection, they have also been registered as trademarks. The programme/initiative names: “Trees for All”; “Trees for Homes”; “Food Gardens for Africa”; “FEED Africa”; “EduPlant”; “Bamboo for Africa”; and “African Climate Reality Project” are internationally registered as trademarks of FTFA. The words and phrases: ”Farmer Eco-Enterprise Development”; “Leaders in Development Impact” and “The stories we start never end” are copyrighted and the intellectual property of FTFA.
- You may not use any of FTFA’s trademarks in any way without our express prior written permission, and then only in ways contractually agreed to.
- Our trademarks and any other programme, initiative or product name that we may present on the website from time to time may not be used in connection with any product or service that is not FTFA’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit FTFA.
- Other logos and names used on the website may also be the trademarks of FTFA or their respective owners. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder’s rights.
- You acknowledge that all copyright, trademarks and other intellectual property rights in the website and all photographs, designs, images, text, software, data, audio, video, files, computer code and other material in the website or material generated by or transmitted from the website (“FTFA Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled by or to FTFA.
- Provided you use the website and FTFA content in accordance with these Terms of Use, and with specific reference to the “Resources” Portion of the Site you are permitted to copy content, print, download and receive extracts of FTFA content (“Extracts”) ONLY for your personal non-commercial use and for private study or teaching purposes, provided in each case that:
- copyright and source indications are also printed and copied and/or stored in association with the Extracts;
- no modifications are made to the Extracts and Extracts are not used as part of any other publication or derivative work; and
- any Extract is retained, printed and/or copied entirely and is not used in a derogatory or misleading context and in particular may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and FTFA, its donors, partners, agents or employees.
- The rights in term 4.6 are not transferable and no other use of FTFA Content may be made without first obtaining our express prior written permission. In particular, you may not do the following unless you have first obtained our written permission:
- incorporate any FTFA Content in any other work, broadcast or publication, whether in hard copy or electronic form; or
- make any commercial use or publish any FTFA Content (other than as necessary for the purpose of viewing or listening to the website in the course of business); or
- perform, broadcast or otherwise transmit, post, share or make available to the public any FTFA Material.
- If you wish to use any FTFA Content other than in accordance with Terms of Use 4.6 and 4.7 above, please request permission from FTFA. Enquiries and permission requests may be sent to info@trees.org.za.
- The photographic, text, graphic images, audio and video material within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed, broadcast, transmitted or otherwise exploited. Should you require a copy, please contact us at info@trees.org.za
- Whilst we encourage our supporters to campaign on the issues referred to on our Site and practice the systems and inherent environmental beliefs demonstrated on our Site, this does not imply that you are taking action on behalf of FTFA and in particular you represent FTFA in any way shape or form.
- Any rights not expressly granted in these terms are reserved.
- We may terminate your rights to use or receive Extracts at any time at our sole and complete discretion.
- Links
- You may provide links on your website directing visitors to our Site subject to the following conditions:
- That you inform us of such link at info@trees.org.za;
- You may only use text links to FTFA on your website. The linking text must simply consist of the website address. You may not use a graphic image or image related text unless you have a current written agreement with us to that effect. We reserve all of our rights in the graphic image and text, any other images, our trademarks and all other intellectual property rights.
- You do not replicate our home page, site contents or design.
- Further to 5.1.2 above, you do not remove, distort or otherwise alter the size or appearance of any logos on the website;
- You do not in any way imply that FTFA is endorsing any products or services;
- You do not misrepresent your relationship with FTFA nor present any other false information about it;
- You do not otherwise use any FTFA trademarks displayed on our websites without our express prior written permission;
- You do not link from a website that is not owned by you or managed by you with the appropriate authorities; and
- Your website does not contain content that is distasteful, pornographic, political in nature, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our Site.
- Our Site may contain links to third party websites and in particular, links to third-party websites may be contained in user Contributions. Such links are provided for your convenience only. We do not necessarily control such websites and are not responsible for their contents. The mere inclusion of such links does not necessarily imply any endorsement of the material or products on those websites or any association with their operators. If you decide to access any of the third party websites linked to from this Site, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
- Extra care should be taken when using links contained in user Contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use them.
- Advertisers, Donors and Partners
- We may from time to time allow companies and other organisations to advertise goods and services on our Site. While we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser’s goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.
- Waiver
- If you breach these Terms of Use and we take no immediate action, for whatever reason, this indulgence will not constitute a waiver of any of our rights, nor will it preclude us from exercising any rights or remedies against you which might have arisen in the past or might arise in the future due to the breach of these Terms of Use.
- Disclaimers
- The information provided in our websites is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation.
- While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
- The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph 8, might have effect in relation to the Website.
- We do not check and are not responsible for the accuracy, completeness or truth of Contributions to the Site. You understand and acknowledge that all Contributions are the sole responsibility of the person who submitted the Contribution to the website. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in our Site. The material on this website is provided ‘as is’, without any conditions, warranties or other Terms of Use of any kind.
- You should exercise no lesser degree of caution in appraising what you see on the website than you do offline. Even though contributors to our discussion websites are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website is entirely at your own risk.
- You may not access the website from countries where its contents are illegal or unlawful. If you do access the website from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.
- We do not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.
- Nothing in this disclaimer applies to any products which you purchase directly from FTFA. Where links are provided to products on a third party website, FTFA cannot ensure that purchasers will be satisfied with any products or services that are bought from that third-party website and any complaints about the performance or otherwise of the product should be taken up with the manufacturer or retailer direct. Except for products expressly sold by FTFA, the inclusion of a company’s product on the Site does not represent any endorsement or warranty of that product by FTFA.
- FTFA does not make any representations or warranties as to the security of any information (including, without limitation, credit or debit card and other personal information) that purchasers might be requested to give to any third-party, and purchasers hereby irrevocably waive any claim against FTFA with respect to such websites and third-party content. FTFA strongly encourages you to make whatever investigations are necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
- Liability
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Site or the Services or Content provided from and through the Site. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
- The Site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
- Information, ideas and opinions expressed on the Site should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Site.
- Neither FTFA nor any of our donors, partners, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party products or services linked to from, or advertised on our Site.
- FTFA shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
- Severability
- These Terms together with the Privacy Policy constitutes the entire agreement between you and us in respect of your access to and use of the Site. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
- In the event that any term or condition of the use of the Site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
- Indemnity
- As far as the law allows, you indemnify us and agree to hold us, our donors, our partners, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
- your use and access to the Site, Content and/or the Services;
- you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Site or Content;
- your violation of these Terms; or any comments or postings you may make on any of our social media platforms;
- Events Beyond our Control
- We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.
- CPA, POPI and other laws
- If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the “Consumer Protection Act“), the Protection of Personal Information Act, 4 of 2013 (“POPI“) or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
- No provision of these Terms of Use (or any contract governed by these Terms):
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
- Electronic Communications
By using the Site or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
- Agreements in terms of Section 21 of the Electronic Communications and Transactions Act
- No information or data on the Site is an offer but merely an invitation to do business.
- No agreements shall be concluded merely by sending a data message to the Site or its owners, and valid agreements require an acknowledgement of a receipt from us.
- Data Protection
- We collect personal information from you and you may submit personal information to us. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
- By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.
- Competitions
FTFA runs competitions and promotions on the Site and / or associated sites and / or on social media from time, subject to terms and conditions. The terms and conditions relating to such competitions and promotions will be disclosed on the Site or in other communications made available to you.
Should, for whatever reason, such terms and conditions relating to competitions and promotions not be disclosed on the Site or in other communications then the following shall apply:
- JUDGING CRITERIA
-Winners will be decided based on: any programme-relevant criteria deemed to be included by FTFA and / or their competition partners and / or relevant funders; and / or the general quality and / or presentation of their entry. - CONDITIONS OF ENTRY
– The judges / adjudicators’ decision is final & no correspondence will be entered into.
– The prizes are not transferable & must be utilised within one year of receipt.
– Neither the funders, organisers nor their employees shall accept any liability arising out of any cause whatsoever, in connection with the competition.
- Grant and Sub-grant Policy
CALL FOR PROPOSALS
– FTFA will release calls for proposals through channels it deems fit for the purpose of the grant.
– These calls may be limited to specific beneficiaries or groups depending on criteria and may be internal to FTFA’s existing beneficiary database.
– Interested parties are encouraged to apply by the specified deadline.SUBMISSION OF PROPOSALS
– Applicants must submit a detailed proposal outlining the project objectives, methodology, budget, and expected outcomes.
– Proposals must be submitted electronically in the format prescribed by FTFA.
REVIEW AND SELECTION
– Proposals will be reviewed by a committee for completeness, relevance, and potential impact.
– Selected applicants may be invited for an interview or to provide additional information.
– Selection of awarded grants is, without limitation, at the sole discretion of Food & Trees for Africa and no correspondence will be entered into in this regard.
- Applicable Law, Courts and Language
- These Terms of Use, use of our Site and the supply of products and services by us are governed by and to be interpreted in accordance with the law of the Republic of South Africa.
- In the event of any dispute arising in relation to these Terms of Use, use of our Sites or in relation to the supply of any products or services by us the South African courts will have jurisdiction over the dispute.
- These Terms of Use and this website are provided in the English language only.