Terms & Conditions
Donors: Terms and Conditions (updated 22 April 2021 - see the end of this document to track changes)
NOTE: These Terms and Conditions relate specifically to donors intending to donate to a campaign on the Awqaf SA Crowdfunding website. See our Terms and Conditions page (https://tawakul.org/general-t-c) for details relating more generally to the Awqaf SA Crowdfunding website.
Terms and Conditions of Use
These Terms and Conditions govern your (the donors) use of the Awqaf SA Crowdfunding website located at the domain name https://projects.awqafsa.org.za and any associated subdomain(s). By accessing and using this website, donors agree to be bound by the Terms and Conditions set out in this notice.
Donors 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 Awqaf SA.
By using this website or communicating with Awqaf SA by electronic means, donors consent and acknowledges that all agreements, notices, disclosures, or any other communication satisfies legal requirements, including but not limited to the requirement that such communications should be in writing.
Donations Payment Method and Security
Awqaf SA uses Ozow and PeachPay as a payment gateways. When donating via Ozow, Awqaf SA does not collect any banking details of donors on the website itself. Rather, when donors intend to donate towards a campaign, the system redirects them to the Ozow payment page and are prompted to enter the relevant bank account details, on the Ozow page. As for card details when transacting via PeachPay, these are not saved on the Awqaf SA system but are received by Peachpay. These account details are shared with Awqaf SA. Ozow and PeachPay are solely responsible for the security relating to the account details captured on their website and Awqaf SA absolves itself of any breaches on the Ozow and Peachpay websites.
Furthermore, Awqaf SA absolves itself of any security breaches occurring on the donor's 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
Payment may be made via Credit/Debit Card or EFT via your banks online portal. Awqaf SA is responsible for paying all associated costs relating to funds raised on the Awqaf SA site, including an admin fee of 2,5% and associated transaction processing fees (2.75% + R2 per transaction for PeachPay) charged by Ozow and PeachPay.
Donors are encouraged to cover the admin fees and processing fees to maximise the amount received by the AwqafSA.
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. Likewaise, Card transactions will be acquired via peachpay who are approved payment gateway for Visa and Mastercard. Ozow and peachpay are 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 Awqaf SA website (see www.ozow.com and www.peachpayments.com to view their security certificate and security policy.)”
Donor personal details separate from card details
Donor details will be stored by Awqaf SA 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 Awqaf SA that received the donation. Awqaf SA does not issue receipts for any donations made on the website.
Return and Refunds policy
Contact the finance department of Awqaf SA on Telephone: 021 697 3557 in the event of an error in a donation or to request a refund. Awqaf SA absolves itself of any dispute and or negotiations between donor and organisation.
Special and Specific Conditions Relating to Individual Causes
- 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
- 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.
- 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.
- 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.
- 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.
- Tawakul reserves the right to name and shame and/or lay charges against the campaign initiator and anyone else complicit in any wrongdoing.
Awqaf SA takes all reasonable steps to protect the personal information of donors For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) (see http://www.polity.org.za/attachment.php?aa_id=3569).
Copyright and Intellectual Property Rights
Content currently or anticipated to be displayed at on the Awqaf SA website is provided by the Awqaf SA, 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.
Awqaf SA 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.
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. Awqaf SA makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither Awqaf SA 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 Awqaf SA is expressly advised thereof.
NGO’s may on the other hand be held to account for inaccurate or misleading or exegerated or false claims or content.
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. Awqaf SA uses this information to determine use of the website to improve thereon. Awqaf SA 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 Awqaf SA 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 Awqaf SA 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 Awqaf SA 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.
This website is run by Awqaf SA THE CROWD (NPC) based in South Africa trading as Awqaf SA THE CROWD, registration number 2018/358369/08.
Awqaf SA CONTACT DETAILS
Company Physical Address 1320 Newton Crescent, Lenasia South, Gauteng
Email Address email@example.com (preferred) / firstname.lastname@example.org
Contact Numbers (011) 211-2595 / (083) 313-6208
Managing Director Mohomed Hoosen Essof
Updating of these Terms and Conditions
Awqaf SA 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.
Awqaf SA may, in its sole discretion, change this agreement or any part thereof at any time without notice.
See the General Terms and Conditions page (https://tawakul.org/general-t-c) for details relating to the Awqaf SA website.
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 to /08
2. Added Special T&C i.r.o. Individual Cases
24 June 2019
1. Changed payment gateway to Ozwo. No more Transaction/processing Fee for EFT. No Card payment option.
22 April 2020
1. Added PeachPay Card payment gateway to allow for payments using Debit/Credit Cards. Transactions are charged at 2.75% + R2 per transaction.
2. Ozow still available for EFT at no charge