GENERAL TERMS AND CONDITIONS (updated in 24 June 2019 see changes at end of this page)

OVERVIEW
This website is operated by TAWAKUL THE CROWD, hereinunder referred to as “TAWAKUL”. Throughout the site, the terms “we”, “us” and “our” refer to TAWAKUL. TAWAKUL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or transacting/donating towards a campaign featured on this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, donors, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

TAWAKUL makes use of third-party service providers to host the website, data and for payment processing. Payments are processed via Ozow (PTY) Ltd. …. All donations made on the TAWAKUL website and through Ozow attract an admin fee which the respective NGOs or INDIVIDUAL causes are expected to pay to TAWAKUL. Donors can choose to pay such fees on behalf of the NGOs or INDIVIDUAL causes.

 

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SPECIFIC TO INDIVIDUAL CAUSES

  1. All funds raised on the Tawakul portal will be paid to the intended cause promoted on the Tawakul site only. Such payment will be subject to point #3 and #4 below
  2. Funds will only be transferred to a South African bank account in the name of the campaign or campaign initiator, i.e. the person duly authorized to create the campaign. No funds will be paid to a third-party or service provider and will under no circumstances be paid in cash.
  3. If the target amount is not raised by the last date by which the funds are required, any funds collected until then will not be released unless the campaign initiator can demonstrate that they have raised additional funds and/or pledges independently of the Tawakul portal and that together they have sufficient funds to meet the obligations identified in the campaign. Proof will be required to prove this.
  4. Should the individual requiring the funds pass-away before the last date by which the funds are required, any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause nominated by the campaign initiator or at Tawakul’s discretion.
  5. If, after the launch of the campaign, it is established that the campaign is bogus or that there is evidence of fraud or misuse of funds, the campaign will be suspended and any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause at the discretion of Tawakul.
  6. Tawakul reserves the right to name and shame and/or lay charges against the campaign initiator and anyone else complicit in any wrongdoing.

 

TERMS AND CONDITIONS OF USE (GENERAL)
These Terms and Conditions govern your (the USERS) use of the TAWAKUL WEBSITE located at the domain name https://tawakul.org and any associated subdomain(s). By accessing and using this website, USERS agrees to be bound by the Terms and Conditions set out in this notice.

USERS may not access, display, use, download, and/or otherwise copy or distribute content obtained on this website for marketing and other purposes without the consent of TAWAKUL or the NGO or INDIVIDUAL whose campaign it appears under.

The TAWAKUL crowdfunding platform is primarily a tool to help NGOs and INDIVIDUALS display or “advertise” their various causes and their needs. To get the most out of the TAWAKUL platform two things are required. First, ensure that all the necessary information about the cause is accurately uploaded and visible on the frontend so that USERS can use the information to make an informed decision about the cause they want to support. Second, generate interest in or traffic to the website by promoting it through various marketing channels. Remember, the more visitors that visit the site, the greater the chance of converting them to donors.

TAWAKUL itself will do what we can to promote the NGOs or INDIVIDUALS using the platform, including using our own media and marketing channels. However, our primary focus and expertise lies in developing crowdfunding and other solutions and not on advertising and marketing.

Failure to raise any funds through the TAWAKUL crowdfunding platform will not constitute a failure on TAWAKUL’s part, as support for a cause is dependent on the willingness and interest of contributors.

TAWAKUL undertakes not to compete with or promote any specific NGO or INDIVIDUAL cause and we are committed to full transparency and accountability to all NGOs or INDIVIDUALS who use our platform. However, TAWAKUL may, of a necessity, communicate or interact with various stakeholder; including other NGOs, contributors, donors and beneficiaries, but only to promote the platform and/or our services and/or to conduct research/surveys and/or to solicit general feedback on their experiences of the platform to enhance the platform.

TAWAKUL undertakes never to communicate with any stakeholder specifically to raise funds for ourselves, although we may send alerts or notices to stakeholders when any new causes and/or new features are released.

TAWAKUL reserves the right to block an NGOs or INDIVIDUALS use of the platform, even after they register and/or start receiving donations, should we receive a formal written complaint with proof/evidence (not rumors or allegations) showing dishonesty, misappropriation of funds or misleading information about a cause hosted on the TAWAKUL site. Depending on the nature of the complaint, TAWAKUL will block or suspend the NGOs or INDIVIDUALS use of the platform pending any investigations and/or mediation and/or legal action if such is required. TAWAKUL will, under these circumstances, be obliged to withhold and funds collected and inform all stakeholders, including the general public, of such suspension. NGOs or INDIVIDUALS will not be entitled to any refund, neither full nor part thereof, during the suspension/review process.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES
The “TARGET” amount, i.e. the amount that the NGOs or INDIVIDUALS is trying to raise for their campaign / project is subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, change in amounts, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES (if applicable)
We do not warrant that the quality of any campaign / project or services offered by the NGOs or INDIVIDUALS will meet your expectations, or that any errors or shortcoming will be corrected by them.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to process payment of donations for amongst others: if placed by or under the same user account, the same credit card, etc.
You agree to provide current, complete and accurate purchase and account information for all donations made on our site.

 

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transactions charges. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your donation).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TAWAKUL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION
You agree to indemnify, defend and hold harmless TAWAKUL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of …

 

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

ELECTRONIC COMMUNICATIONS
By using this website or communicating with TAWAKUL or the NGOs or the INDIVIDUAL causes by electronic means, DONORS consents and acknowledges that all agreements, notices, disclosures, or any other communication satisfies legal requirement, including but not limited to the requirement that such communications should be in writing.

 

VETTING OF NGOS AND CAMPAIGNS
Campaigns are not automatically displayed on the platform. Each campaign will be reviewed based on content provided when they register.

NGO’s must register using the details as it appears on the NPO/NGO/NPC registration documents.

INDIVIDUALS must register using their real names as reflected in any official identiity document recognised by a South African bank.

TAWAKUL takes integrity seriously and will endeavor to ensure there is sufficient evidence for the legitimacy of campaign content. To this end, there are criteria in place that need to be met before a campaign is activated on the platform.

We reserve the right to decline campaigns based on the following criteria:

• insufficient supporting information and/or campaign copy. This includes but is not limited to a lack of appropriate contactable references or supporting documentation that can be used to verify the campaign ‘cause’ at any stage of the process.
• Monetary targets that are not proportionate to the cause as stated in the campaign copy
• Campaigns that are raising funds for investment, speculation, or gambling.
• Campaigns that offer rewards or entry into a competition/raffle
• Campaigns that display inappropriate images or images subject to copyright

By using this site, you agree not to post:
• content that is in anyway harmful to othersm whether physical, emotional or reputational;
• content that violates any intellectual property laws,
• content that is protected by a copyright or a patent;
• content that is misleading, false or intentionally inaccurate;
• any banking details, including but not limited to your NGO or campaigns or beneficiaries or INDIVIDUAL cause;
• content that is illegal, and violates any domestic or international law;
• content which is designed as spam or unsolicited mailing activity that is distributed without the consent of the recipients;
• content which threatens the security of the TAWAKUL network or its USERS’ electronic devices, including malware, viruses or any other harmful software.

Please refrain from the following:
• disseminating private information acquired through the website, including names, telephone numbers, email addresses, mailing address, etc.
• interfering with the working of TAWAKUL, including the website or services;
• attempting to bypass any security;
• attempting to obtain personal information of TAWAKUL or its USERS;
• putting strain on TAWAKUL’s infrastructure such as uploading large images.


RELATIONSHIP BETWEEN THE INDIVIDUAL CAUSE AND DONOR
TAWAKUL provides a funding platform for NGOs and INDIVIDUALS and acts as a conduit between various USERS (i.e. NGOs or INDIVIDUAL and donors). When USRES donate to an NGO or INDIVIDUAL cause, a legal contract is established between them and although the donation is completely voluntary it is done on the basis on the information provided and the reasonable expectation that the donation will be utilised in the manner and purpose specified on the website.

  1. TAWAKUL is not a part of this contract. The contract is a direct legal agreement between the NGO or INDIIVIDUAL cause and the donor/contributor and is governed by the following agreement:
  2. When a campaign is funded, whether partially or fully, the NGO or INDIVIDUAL will use the funds for the purpose specified on the website.
  3. All funds raised on the Tawakul portal will be paid to the intended cause promoted on the Tawakul site only. Such payment will be subject to point #5 and #6 below
  4. Funds will only be transferred to a South African bank account in the name of the campaign or campaign initiator, i.e. the person duly authorized to create the campaign. No funds will be paid to a third-party or service provider and will under no circumstances be paid in cash.
  5. If the target amount is not raised by the last date by which the funds are required, any funds collected until then will not be released unless the campaign initiator can demonstrate that they have raised additional funds and/or pledges independently of the Tawakul portal and that together they have sufficient funds to meet the obligations identified in the campaign. Proof will be required to prove this.
  6. Should the individual requiring the funds pass-away before the last date by which the funds are required, any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause nominated by the campaign initiator or at Tawakul’s discretion.
  7. If, after the launch of the campaign, it is established that the campaign is bogus or that there is evidence of fraud or misuse of funds, the campaign will be suspended and any funds collected will be refunded to the rightful donors. Any contributions made by anonymous donors who did not leave contact details will be donated to another (similar) cause at the discretion of Tawakul.
  8. Tawakul reserves the right to name and shame and/or lay charges against the campaign initiator and anyone else complicit in any wrongdoing.
  9. TAWAKUL is not responsible for the fulfilment of the promises made by the NGO.
  10. TAWAKUL is not responsible for the fulfilment of a pledge made by a donor/contributor.
  11. If an NGO is unable to satisfy the terms of their agreement as “advertised” on the campaign pin, they may be subject to legal action by donor/contributor.
  12. TAWAKUL may, based on the feedback of USERS or other interested party, suspend the NGO from using the website pending any query/legal action.
  13. When donating towards a campaign, the NGO will receive certain information about the donor, including: name, contact details and email and postal addresse. It is the NGO’s responsibility to keep this information private and use it in a manner that enhances donor relations. NGO’s are discouraged from sharing or distributing any USERS information without their permission.

 

DONATIONS PAYMENT METHOD AND SECURITY
TAWAKUL uses Ozow as a payment gateway. TAWAKUL does not collect any banking details including credit/debit card details of DONORS on the website itself. Rather, when DONORS intend donating towards a campaign, the system redirects them to the Ozow payment page and are prompted to enter the relevant bank account or credit/debit card account, on the Ozow page. None of these account details are shared with TAWAKUL or the NGO or INDIVIDUAL whose campaign is being supported or any other third-party associated with TAWAKUL. Ozow is solely responsible for the security relating to the account details captured on their website and TAWAKUL absolves itself of any breaches on the Ozow website.

Furthermore, TAWAKUL absolves itself of any security breaches occurring on the DONORS electronic device (Personal Computer or other electronic device used to browse the WEBSITE), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

 

PAYMENT OPTIONS ACCEPTED
TAWAKUL charges a 2,5% administration fee on all funds raised through the platform. There are no other charges. 


*Ozow is a secure payment gateway that facilitates online transactions on behalf of TAWAKUL. These funds, less the 2.5% admin fee is then paid to the respective organization on request.

TAWAKUL offers donors the choice to cover some of these charges, thereby reducing the NGOs or INDIVIDUALS costs. In fact, over 90% of donors opted to pay these charges during our our Ramadaan 1440 launch.

NOTE: An addition R150 is charged for every 1000 SMS sent through the TAWAKUL platform.

 

SECURITY

Instant EFT transactions will be acquired via Ozow (Pty) Ltd who are the approved payment gateway for all of the 6 largest South African Acquiring Banks. Ozow is PCI level 1 compliant and  uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and ensures that no personal or card  details are stored on the TAWAKUL website (see www.ozow.com to view their security certificate and security policy.)”


Donor personal details separate from card details
DONOR details will be stored by TAWAKUL separately from card/bank/bitcoin account details.

 

MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).


DELIVERY POLICY - RECEIPTING
Once a donation is received, an electronic (email) will serve as confirmation of the donation. A formal receipt, including a tax-certificate (where applicable) can be requested from the NGO or INDIVIDUAL (where applicable) that received the donation. TAWAKUL does not issue receipts for any donations made on the WEBSITE.


RETURN AND REFUNDS POLICY
Contact the finance department of the relevant NGO or the INDIVIDUAL in the event of an error in a donation or to request a refund. TAWAKUL absolves itself of any dispute and or negotiations between DONOR and NGO or INDIVIDUAL.


WHAT WE DO AND WHAT WE DON'T DO
• Responsibility for using donation money as “advertised” on the website is that of the NGO or INDIVIDUAL.
• TAWAKUL charges fees before transferring funds into the NGOs or INDIVIDUALS account.
• We take reasonable steps to verify that the NGO is registrred with the Department of Social-Development, however, we do not necessarily vouch for the campaigns they publish on the website and we do not confirm that the funds collected through the website will be utlised for the intended campaign.
• We take reasonable steps to verify the NGO is registered as a Section 18A entity in terms of the Income Tax Act, however, the NGO is ultimately responsible for issuing USERS with a tax-certificate.
• All donations received through the website are held in a special TAWAKUL account and only released on request by the NGO or INDIVIDUAL. These funds will be transferred to the NGOs or INDIVIDUALS account on request or at least every quarter. A charge of R5 (excl VAT) will be levied for each transfer.
• TAWAKUL absolves itself of any dispute or claim between USERS and Ozow, specifically as it relates to charges for service rendered and/or breach of security and/or non-payment, under-payment, over-payment of donations.
• TAWAKUL absolves itself of any dispute or claim between USERS and NGOs or INDIVIDUAL, however we reserve the right to suspend and/or block USERS and/or NGOs and/or INDIVIDUALS from accessing the website should we receive two or more complaints in writing from USERS or NGOs or INDIVIDUALS.
• TAWAKUL does not endorse any content that NGOs post on the website.
• The website may contain adverts and/or links to other websites, which we do not necessarily endorse. When you access these websites, you do so at your own risk.


COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Content currently or anticipated to be displayed on the TAWAKUL website is provided by the TAWAKUL or the NGO or the INDIVIDUAL, their affiliates or subsidiary or other third-party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (the Content). All such proprietary works, and the compilation of the proprietary works are copyright and is protected by South African and international copyright laws.

TAWAKUL reserve the right to make any changes to the website, including the content, at any time and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these Terms and Conditions, DONORS are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.

TAWAKUL and the TAWAKUL LOGO are protected under trademark registration and any unauthorised use of these marks is prohibited.

TAWAKUL’s intellectual property policy is informed by the Trade Marks Act 194 of 1993 and the Copyright Act 98 of 1978. We reserve the right to delete all content which infringes the provisions of these two Acts.

 

OUR RIGHTS
TAWAKUL reserves the right:
• to make changes to the website and Services without notice or liability.
• to decide who’s eligible to use TAWAKUL, including cancelling existing accounts, decline to offer our Services and can change our eligibility criteria at any time. If any content on the Site is prohibited by law where you live, we revoke your right to use TAWAKUL in that jurisdiction;
• to suspend services during routine maintenance and upgrade, repairs etc. until such time as these have been completed;
• to cancel any pledge and/or payment to any campaign, at any time and for any reason;
• to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

TAWAKUL is not liable for any damages as a result of any of these actions and it is our policy not to comment on the reasons for any such action.

Furthermore, if we have already deposited funds into your account and a donation is subsequently reversed by our payment partners (for example, in the case of a charge-back) then TAWAKUL is entitled to claim the reversed amount back from you for a reasonable period after the reversal/charge-back.


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 us getting sued, or if you break any of the promises you make in these Terms, you hereby indemnify us and agree to defend and hold us harmless from all liabilities, claims, and expenses (including associated legal and other costs) that arise from or relate to your use or misuse of the Services.

In no event will TAWAKUL (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 Services; (ii) for any lost income, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on or in connection with the Site (including hackers or employees/agents of TAWAKUL acting beyond the scope of their authority). In no event shall our liability for direct damages be in excess of (in the aggregate) one thousand Rand.

By using the Services, you release TAWAKUL 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 Services.

 

DISPUTE RESOLUTION AND GOVERNING LAW
In the event of any dispute or complaints that may arise between you and TAWAKUL, please contact us (using the contact details provided here) first before resorting to legal action.

In the unfortunate situation where legal action may 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 non-exclusive jurisdiction of the High Court of South Africa, Witwatersraand Division in any dispute arising from or in connection with these Terms.

TAWAKUL takes integrity seriously, which is why we ‘vet’ INDIVIDUAL campaigns and NGO registrations before they are activated on the Site so USERS can be assured that we take steps to protect them to the best of our ability.

Having your campaign activated on the platform means that you’ve met our minimum criteria and we consider you to be authentic.

We reserve the right to cancel your campaign or registration if you subsequently fail to uphold and comply with any of these Terms.

 

PRIVACY POLICY
TAWAKUL takes your privacy very seriously. We will not pass your personal details on to anyone, except the NGO or INDIVIDUAL cause you have chosen to support.

 

NGO’S USE OF YOUR PERSONAL INFORMATION
Where your personal details have been passed to an NGO or INDIVIDUAL cause through our Site, we accept no responsibility for the subsequent use of your personal information by the NGO or INDIVIDUAL. If you wish to stop receiving further communications from an NGO or INDIVIDUAL, please contact them directly.

 

DONOR INFORMATION
You can choose to donate anonymously. However, if you do choose otherwise, we will only collect your personal details. Your bank account and credit/debit card details (including card type, card number and expiry date) and your billing address are collected by our third-party payment gateway Ozow. TAWAKUL does not collect or have access to your banking or credit/debit card details.

TAWAKUL absolves ourselves of all breaches or security related issues relating to Ozow.

 

LEGAL PROCESS
Although unlikely, TAWAKUL may be forced by law to provide personally identifiable information to the appropriate authorities.

 

ACCEPTANCE OF OUR PRIVACY POLICY
Use of the TAWAKUL website and associated services implies acceptance of this Privacy Policy. If you are not satisfied with any aspect of it, please do not continue to use the website and services. This policy may change from time to time and you are deemed to have accepted the current version each time you use TAWAKUL.co.za or any site powered by us. If you have any questions about our Privacy Policy, please contact us via email at This email address is being protected from spambots. You need JavaScript enabled to view it..


LIMITATION OF LIABILITY
The website and all content on the website, including any current or future contents, transaction or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. TAWAKUL makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither TAWAKUL nor any of its holding companies or subsidiaries, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the website or any functionality thereof, or of any linked websites, even if the TAWAKUL is expressly advised thereof.

NGOs or INDIVIDUALS may on the other hand be held to account for inaccurate or misleading or exegerated or false claims or content.

 

CASUAL SURFING
DONORS may visit the website and donate to a campaign without providing any personal information. However, the website servers do collect the IP address of the DONORS computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. TAWAKUL uses this information to determine use of the website to improve thereon. TAWAKUL assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.


CHOICE OF LAW
This website is controlled, operated and administered by TAWAKUL from its offices within the Republic of South Africa. Access to the website from territories or countries where the content on the website is illegal is prohibited. DONORS may not use this website in violation of South African laws and regulations. If DONORS access this website from locations outside of South Africa, the DONORS are responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and DONORS consent to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between TAWAKUL and the USER with regard to the use of the Content and this website.

 

COUNTRY OF DOMICILE
The website is governed by the laws of South Africa and TAWAKUL chooses as its domicile citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1320 Newton Crescent, Lenasia South, Gauteng.


COMPANY INFORMATION
This website is run by TAWAKUL THE CROWD (NPC) based in South Africa trading as TAWAKUL THE CROWD, registration number 2018/358369/08.

 

TAWAKUL CONTACT DETAILS
Company Physical Address     1320 Newton Crescent, Lenasia South, Gauteng
Email Address                             This email address is being protected from spambots. You need JavaScript enabled to view it. (preferred) / This email address is being protected from spambots. You need JavaScript enabled to view it.
Contact Numbers                      (011) 211-2595 / (083) 313-6208
Managing Director                    Mohomed Hoosen Essof

 

UPDATING OF THESE TERMS AND CONDITIONS
TAWAKUL reserves the right to change, modify, add to or remove some portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the DONORS obligation to periodically check these Terms and Conditions at the website for changes or updates. The User's continued use of this website following the posting of changes or updates will be considered notice of the DONORS acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.


VARIATION
TAWAKUL may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Changes Made
15 April 2019
1. Adjusted the Transactuon Fees for EFT from 2,5% to 1,5%
2. Adjusted the Withdrawal Fee from R8,70 to R5,70

 

12 June 2019

1. Changed NPC registration number from /07 ro /08

2. Added Special T&C i.r.o. Individual Cases

 

24 June 2019

1. Changed payment gateway. Now no transaction/processing fees when donations are made. Only Admin Fee applicable