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”).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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;

 

  1. 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.

 

  1. 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.

 

  1. 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”.

 

  1. 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.

 

  1. 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.

 

  1. 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.
  1. 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.

Food & Trees for Africa Privacy Policy

THIS FOOD & TREES FOR AFRICA PRIVACY POLICY (“PRIVACY POLICY”) APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE ANY OF FTFA’S SERVICES, THE WEBSITE, AND ANY APPLICATIONS.  PLEASE READ THIS PRIVACY POLICY CAREFULLY AS THERE ARE PARTS WHICH MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS.

  1. Scope of the Privacy Policy
  • Introduction and scope
    • Whereas Food & Trees for Africa is a non-profit/public benefit/welfare organisation incorporated in the Republic of South Africa under registration number: 1991/001061/08 (hereinafter referred to as “FTFA” or “we” or “us” or “our”) having its principal office situated at 94 Bessemer Street, Wendywood, Johannesburg, 2090 South Africa. The organisation focuses on social development, food security, agriculture, urban forestry and compliance / corporate social investment otherwise referred to, for the purposes of this policy, as services (the “Services”)
    • This Privacy Policy, which must be read together with our Website terms and conditions as seen above. (“Terms of Use”), sets out the basis on which any Personal Information (defined in paragraph 2 below) we collect from you, or that you provide to us, will be collected, used, stored and processed by us when you use the Website and/or the Services. Unless defined elsewhere, terms in this Privacy Policy shall bear the same meaning ascribed to them in the Terms of use.
    • Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.
    • FTFA is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services/offerings and your experience.
  • Your agreement to the terms of the Privacy Policy
    • By using the Website or otherwise agreeing to the Terms you agree to be bound by this Privacy Policy and by agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information.
    • If you do not agree with this Privacy Policy or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.

Paragraph 1.2 has important legal consequences for you.  In this paragraph, you expressly give your permission to us to collect, collate, process, share and use your Personal Information in the manner and for the purposes set out in this Privacy Policy.  By doing this, you know and accept that you are giving up certain parts of your right to privacy. You will not be able to take any action against us for using your Personal Information in a manner for which you have granted your consent, even if you suffer loss or damage.

  • What does this Privacy Policy apply to?
    • This Privacy Policy applies to us, and our successors-in-title; and
    • you, namely a person who:
      • browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content“) and/or makes any information available to us via the Website; and/or;
      • is or has applied to be part of one of our initiatives or programmes through one of our online application forms (“Applicant“).
      • regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets (“Access Device“).
    • This Privacy Policy does not apply to other third-party websites, products or services, linked to from, or advertised on the Website.

 

  1. What is Personal Information? (Definitions)
  • Personal Information” refers to private information about an identifiable person, which includes (but is not limited to) your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, place of employment, title and/or position at place of employment, social media account details and profile pictures.
  • Other information which might be Personal Information may include:
    • Access Device and Device event information“: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smartphone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
    • Log information” When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website, what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
    • Profile information“: We may collect and process information and data usage per profile (if applicable) to make targeted recommendations to that profile when logged in to use the Website;
    • Location information“: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
    • Applicant Information“: Applicants must provide an email address, name, surname, company name, contact numbers, business address, job title and location, historic application history and information which may help us assess the viability of a potential project in order to submit an application to one of our programmes (“Application Submission“).
  • Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances, we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.

 

  1. When will we process your Personal Information?
  • In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
    • you access, browse or make use of the Website, and/or the Services;
    • you stream, access or make use of the Content;
    • we provide the Service or Product to you;
    • you log an Application Submission or receive a follow-up verification call;
    • you contact us, by email or telephonically;
    • we carry out demographic research;
    • we carry out a telephonic or physical assessment in relation to a potential project through one of our programmes;
    • you sign up for our newsletters (“Newsletters”) and/or enter into any competitions or promotions (“Competitions”) which we run; and
    • you submit your Personal Information to us for any other reason or authorise third parties to do so.

 

  1. How we collect your Personal Information 
  • We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers. 
  • Active collection from you
    • If you contact us, we may keep a record of that correspondence. 
    • The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number) and employment-related information;
    • We may require you to submit certain information in order for you to submit an Application Submission, including, but not limited to, your company name, contact number, business address, job title and location.
    • We may require you to submit certain information in order for you to sign up for our Newsletters and/or enter into any Competitions, including but not limited to your name, email address, and location. 
  • Collection from your Access Device
    • We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
    • We may also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website and to improve our service to you, to make the Website more user-friendly, as well as to give you a more personalised experience.
    • A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
    • You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website.
    • The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.

 

  1. How we use your Personal Information
  • We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users’ experience, and so we also use the information we collect in order to offer you more relevant information and Content.
  • We may use your Personal Information to:
    • retain and make available to you information on the Website;
    • establish and verify your identity on the Website;
    • fulfil your requests for certain Services;
    • diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
    • detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;
    • provide you with the latest information about our Services (including via our Newsletters), subject to your communications preferences;
    • to communicate with you and maintain records of our communications with you, including to inform you about any changes to the Website, our Services, our Terms, this Privacy Policy or other changes that are relevant to you;
    • compile non-personal statistical information about browsing habits, click patterns and access to the Website;
    • improve the Website, analyse trends and administer the Website, including requesting feedback on Content and the Services;
    • fulfil any contractual obligations we may have to you or any third party;
    • improve your user experience and the overall quality of our Services;
    • for security, administrative and legal purposes;
    • if you are an Applicant, to ensure that we do not duplicate an existing application submission on the Website as well as perform assessments and suitability as to the viability of our initiatives/programmes and create donor proposals; and
    • other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
  • In certain circumstances and subject to your preferences as indicated when you provide the relevant Personal Information, you agree that we may also make your Personal Information available to our donors, pro-bono partners, affiliates, or strategic/industry partners (“Partners”) for them to use for [providing you with the latest information about their services]. Such use by a Partner shall be in accordance with this Privacy Policy, to the extent applicable.

 

  1. Sharing of Personal Information
  • We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so (as we do in respect of Partners in terms of paragraph 5.3 and in respect of the circumstances set out in paragraph 6.2 below), (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
  • You agree that your Personal Information may be shared under the following circumstances:
    • with affiliates, agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;
    • with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
    • in order to enforce or apply our Terms of Use or any other contract between you and us;
    • in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
    • in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
    • with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
    • In order to create and submit donor proposals for the purposes of generating income for FTFA;
  • We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
  • We will get your permission before disclosing your Personal Information to any third party for any other purpose.

 

  1. Storage and transfer of your Personal Information
  • We store your Personal Information on our servers and/or on third party servers.
  • We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
  • If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.

 

  1. Security
  • Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
  • While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
  • We will take reasonable, practical steps to ensure that the persons to whom your Personal Information may be disclosed in terms of this Privacy Policy have implemented, and maintain, the appropriate technical and organisational measures aimed at preventing unauthorised access to, or disclosure of your Personal Information.

 

  1. Retention of your Personal Information
  • We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
  • Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.

 

  1. Keeping your Personal Information updated and correct
  • To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
  • You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 16
  • You may request that your Personal Information is deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.

 

  1. Third party sites
  • We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
  • We advise you to read the terms of use, as well as the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences. 

 

  1. Direct marketing
  • When you use the Website, and/or the Services you may receive marketing communications from us.
  • You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
  • You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
  • If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
  • You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receive direct marketing communications from us.

 

  1. Changes to this Privacy Policy
  • We change this Privacy Policy from time to time.
  • You agree to review the Privacy Policy whenever you visit the Website for any amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
  • We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones contemplated above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.

 

  1. CPA, POPI and other laws
  • If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008 (“Consumer Protection Act”) the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore, all provisions of this Privacy Policy 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 this Privacy Policy:
  • 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 this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

 

  1. Governing law
  • The contents of this Privacy Policy shall be governed by South African law.
  • If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case, you may contact FTFA at the address contemplated in paragraph 17 below in order to opt-out of the Privacy Policy.

 

  1. Information for under 18’s
  • If you are under 18, be sure to obtain your parent’s or guardian’s permission before you send any information about yourself (your name, address, e-mail address, etc.) to us or anyone else over the Internet.
  • We encourage parents to get involved with their children’s usage of the Internet and to be aware of the activities in which they are participating.

 

  1. Who we are / Information about the website owner
  • Access and use of this website is provided by Food & Trees for Africa NPC (FTFA)
  • Our Legal status is a Non-Profit Company (NPC) incorporated under Section 21 of the Companies Act of South Africa. We are governed by a Memorandum of Incorporation. The name of the company is “Food & Trees for Africa NPC”. (Abbreviated as FTFA). It is recorded that the company was previously named “Trees for Africa”.
  • FTFA is a Non-Profit Organisation (NPO) registered with the Department of Social Development.
  • FTFA is also registered at the South African Revenue Services (SARS) as a Public Benefit Organisation (PBO) and Welfare Organisation. Our registration category falls within the ninth schedule is environmental conservation and protection of the biosphere. As such we are income tax exempt and have the ability to issue 18a tax receipts for bona fide
  • FTFA desires to obtain funding and donations for its environmental, food security and social development initiatives from supporters that share and believe in our vision.
  • Registration Numbers:
    • CIPC Registration Number: 1991 / 001061 / 08
    • NPO Registration Number: 003-901 NPO
    • PBO Registration Number: 130004520
  • Physical Address: 94 Bessemer Street
    Wendywood
    Johannesburg
    2090
    South Africa
  • Email contact: info@trees.org.za
  • Please feel free to download our POPIA Manual at the link provided.

Procurement Policies & Procedures

 

Introduction

The purpose of this Procurement Policies and Procedures document is to provide  Food & Trees for Africa (hereafter known as “The Organisation” or “FTFA”) with guidance on the best practice in relation to the procurement of goods and services. 

This document is intended to be read in conjunction with the Financial Policies and Procedures policy as approved by the FTFA Board of Directors in November 2016 and continues to fall in line with the principles of:

  • Accountability;
  • Transparency and;
  • Good governance.

 

Scope & Objectives

 

  1. This Procurement Policy is applicable to all procurement activities at FTFA i.e. acquisition of goods and services, as well as the disposal of obsolete / redundant items.
  2. The contents of this Procurement Policy are binding on all FTFA employees and Directors. Employees include Management, Staff and Temporary workers. All employees and Directors have the obligation to familiarize themselves with this Policy, while Management is to ensure that the Policy is adhered to by introducing appropriate resources, procurement systems, processes, and procedures. 
  3. FTFA views its Procurement Policy in a serious light and failure by any employee to adhere to this Policy constitutes misconduct and may result in disciplinary action being taken against such employee in accordance with FTFA’s Code of Conduct as contained within the FTFA Employee Handbook, as amended from time to time. 
  4. The objectives of this procurement policy are to ensure that:

 

  • The best value for money for the organisation’s beneficiaries is achieved.
  • The appropriate goods or services are purchased in terms of quality and specification.
  • The processes followed are open and transparent and fall in line with strong internal control systems so as to avoid risk.
  • Where possible, local suppliers are given preference and brought into the organisation’s supply chain in line with the underlying principles upon which the organisation was founded.  
  • Where possible, suppliers are B-BBEE accredited so as to fall in line with the transformation policies of preferential procurement as outlined in the B-BBEE Codes of Good Practice as established by the South African Department of Trade and Industry. 

 

Core Principles in FTFA’s Procurement Process and Supply Chain

 

  1. Ethics, Integrity and Fair Dealing

FTFA is committed to ensuring that all employees and suppliers adhere to strong ethical standards and fair dealings including (but not limited to):

  • Conducting themselves appropriately in line with FTFA’s Code of Conduct as set out in the Employee Handbook; 
  • Subscribing to environmental sustainability principles;
  • When conducting tender evaluations: 
    1. Not accepting bribes or gifts from potential suppliers;
    2. Being as unbiased and objective as possible;
    3. Always striving towards the maximum benefit of the organisation’s beneficiaries and the values upon which the organisation was founded. 
Value for Money

In principle this means that it may not necessarily be the tender with the lowest price that will win a given bid or quote. If the procurement department or appointed evaluation committee deems that the lowest price will lead to an inferior product or service, then authority is given to this department / body to seek a service or product that will provide better value for money.  

  1. Value for money involves comparing alternative goods and services available in any given tender / quote / or procurement situation prior to an order being placed and comparing performing a cost / benefit analysis from that item / service required for a specific purpose. 
  2. Value for money is an essential test against which the buyer must justify any purpose. It is, however, not the only factor to be considered when comparing the alternative solution. Other factors include:
    1. The good and / or service offered in order to meet the requirements and obligations of the department;
    2. The B-BBEE status of the company bidding;
    3. The capacity of the company to deliver the required product and/or service within the required period and;
    4. Any other factor that may be appropriate to a particular contract / project / requirement. 

 

Open and Effective Competition
    1. Open and effective competition is the pivotal operating principle behind FTFA’s procurement or supply chain processes. 
    2. Elements adhered to should include:
      1. Adequate information is provided to all suppliers to enable them to bid / quote effectively;
      2. The content / information on the specifications / task / requirement should be standard to all prospective suppliers / bidders;
      3. As fair process of evaluating the bids or quotation must be followed;
      4. FTFA should seek ways of providing new suppliers an opportunity to bid and be incorporated into the supply chain, particularly in food security projects where the general principle is to find local micro-enterprise suppliers if possible. 

 

Preferential Supplier Database

 

  1. FTFA procurement allows for appropriately vetted suppliers to be registered on our Preferred Supplier Database. These suppliers can supply directly to FTFA without a “3 Quotes” process. 
    1. In order to be registered on FTFA’s Preferred Supplier Database, suppliers:
      1. Must apply to be on the database and undergo a pre-approved risk assessment process by the Operations Department;
      2. Should preferably have a history of dealing(s) with FTFA;
      3. Show character in relation to environmental and social development sustainability;
      4. Regularly have their information checked and updated with the view to mitigate risk to FTFA and our beneficiaries. 

 

General Procurement Processes and Principles

 

  1. Controls on Procurement
    1. Goods & Services will only be procured within approved budgets, except in the case of emergencies, which has to be approved by an Executive Manager.
    2. Procurement and Payment Methods
      1. After obtaining approval from the authorized officer, in general all procurement of goods & services will require 3 quotes unless:
        1. The amounts are less than the petty cash threshold;
        2. Specific authority is obtained to do so (as per 5.1.1 above)
        3. A preferred supplier is available that meets the criteria outlined in Section 3.
      2. In general Purchase Orders will be generated from the procurement or finance departments in relation to delegated authorities and / or project types. 
      3. All documentation related to purchases needs to be stored appropriately in line with FTFA’s financial policies and procedures. 
      4. Electronic Fund Transfer is the preferred method of all payments. Where this is not possible appropriate documentation and signoff are required. 
      5. Unless urgently required (and appropriately signed off in such a case) all orders will be put into the procurement department within a minimum of 2 weeks of being required. 
    3. Selection of Suppliers
      1. Selection shall be made in a neutral and transparent manner in accordance with the criteria pre-determined by either the procurement department or in the initiation phase of a call for tender. 
      2. Any person in the organization that evaluates and selects a supplier for any particular good or service is requested to take into account any inherent risks. 
      3. The general lens through which a supplier should be evaluated and selected is that they should provide value to the beneficiaries of FTFA. 
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