Terms of Service &
Privacy Policy

1. Introduction

These Terms of Service (incorporating our Privacy Policy) ("Terms") govern your access to and use of the services ("Services") we offer from time to time, including offering an online platform that allows fundraisers (each referred to as an "Organisation") to run campaign/s to raise funds ("Campaign") via the website, app, platform, mobi-site, or any other electronic means of providing the Services ("Platform").

2. About Us

The Services are provided by MilanMedia (Pty) Ltd ("Company", "Fundnation", "we", "our" or "us"), a private company established in the Republic of South Africa, located at 105 11th Street, Parkmore, Sandton, Gauteng, 2196, registered under company registration number 2017/132677/03.

3. Acceptance

These Terms constitute a legally binding agreement between you and Fundnation. You agree to these Terms by accessing or using our Services or by registering a profile (including allowing us to create a profile on your behalf) on the Platform.

You must be over 18 years of age, or if under 18, have obtained the consent of your parent or legal guardian, to access and use the Platform and/or make a donation.

4. Term

These Terms shall commence immediately upon your acceptance and shall endure indefinitely until the completion of the Campaign, or unless terminated by either Fundnation or yourself in writing.

5. Profile Registration

In order to make a donation and participate in Campaigns, you must provide us with certain personal information. You warrant that any personal information you provide to us will be true, accurate, and complete. You further warrant that you are either over 18 years of age, or that you have the requisite consent from your parent or guardian.

6. Electronic Communications

You consent to receive communications from us electronically, such as calls, invitations, e-mails, texts, mobile push notices, notifications, and/or messages via the Platform and/or electronic devices.

7. Licence

We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform, as well as all content provided therein, subject to your compliance with these Terms. This licence does not include: reselling or commercial use of the Platform or its content; any derivative use; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

8. Third Party Websites

The Platform may contain links to other websites. When you access third-party websites, you do so at your own risk. We do not control or endorse those sites and do not accept any liability in relation to those sites in any manner whatsoever.

9. The Platform

Fundnation operates as a platform service provider. We are not responsible for any Organisation or Campaign hosted on the Platform. You may not use the Platform for any illegal, obscene, defamatory, threatening, harassing, hateful, or racially or ethnically offensive purpose.

10. Organisations

The Organisations are third parties who are seeking to raise funding by way of donation via the Platform. We are not responsible in any manner whatsoever for the Organisations and make no representations with respect to them or their Campaigns.

11. Campaigns

You understand and agree that we have no control over the information provided by the Organisation and therefore cannot be held liable for any reliance you place on such information. Fundnation reserves the right to cancel campaigns that contain material errors, but such cancellation does not obligate Fundnation to issue refunds.

12. Participation in Campaigns

We do not warrant or represent that the Organisation will use the funds as advised, or that the Campaign will achieve its goals. We do not endorse, guarantee, make representations, or provide warranties regarding any Organisation or Campaign. Your participation is entirely at your own risk.

13. Payment

We do not process payments or receive any donations on behalf of the Organisations. All donations are made directly to the Organisations via:

• A third-party payment gateway (such as Walletdoc, Payfast, Paygate, Stripe, Authorize.net, StitchMoney, etc.);
• Direct transfer, wire-transfer, or EFT directly to the Organisation; or
• Any other payment method detailed on the Platform from time to time.

All payment processing is handled by third-party payment processors. Fundnation may scrutinise transactions to prevent fraud but is not responsible for any transaction disputes.

14. Tax Certificates

Please note that we do not issue Section 18A tax certificates. Should you require one, you must request it directly from the Organisation.

15. Refunds

We do not receive or hold any funds on behalf of any Organisation. All refund claims must be made directly to the Organisation. We are merely a Platform service provider and cannot be held liable for any loss whatsoever in relation to refunds.

16. Restrictions

You may not: permit others to use your profile; attempt unauthorised access to the Platform; intercept or monitor Platform communications; compromise Platform security; use data mining or scraping tools; copy or reverse-engineer any part of the Platform; or engage in any automated inquiry devices or robots.

17. Content

We accept no responsibility for any loss, damage, expense, delay, or other harm that you or your property may suffer in any manner whatsoever in relation to the Services. You indemnify Fundnation in full against any claims arising from your use of the Platform or any Campaign information.

18. Intellectual Property

All intellectual property rights (including copyright, trade marks, patents, and designs) in relation to the Platform and/or the Services are owned by us (or licensed to us) and are protected by South African and international intellectual property laws. You receive a limited licence for personal use only. Any content you post on the Platform may be used by us for record-keeping, marketing, and/or security purposes.

19. Disclaimer

We make no representations or warranties of any kind, express or implied, as to the operation of the Platform, the Organisations or their businesses, the Campaigns or their success, the performance of the Services, or the information, content, materials, and Services included therein, as well as in relation to any third-party providers, including but not limited to information provided by the Organisation.

20. Indemnity & Limitation of Liability

Your use of the Platform and the Services is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

You unconditionally and irrevocably indemnify Fundnation, its affiliated companies, officers, agents, directors, and employees from all losses, damages, claims, and expenses (including legal fees) arising from your use of the Platform or any breach of these Terms. Fundnation is not liable for lost profits or any consequential, indirect, incidental, special, or punitive damages.

21. Privacy Policy

Introduction

In order to access the Platform and make use of the Services you must provide us with certain personal information. This Privacy Policy sets out the information disclosed to us and how we will use it. South Africa has its own laws regulating data protection known as the Protection of Personal Information Act No. 4 of 2013 ("POPIA").

Our Role

Fundnation operates as a "Processor" under POPIA, processing personal information on behalf of Organisations (the "Responsible Party").

Personal Information We Collect

We may collect the following information: names, business names, addresses, contact numbers, email addresses, locations, ID numbers, platform usage data, campaign messages, cookie information, third-party payment details, and identity verification information.

How We Use Your Information

• To provide Platform services and facilitate campaign participation
• To create and administer your profile
• To communicate with you and provide support
• To send marketing and promotional content (with your consent)
• To conduct security and fraud prevention
• To improve and optimise the Platform
• To conduct internal research and analytics
• To monitor compliance with these Terms
• To comply with applicable laws

Publicly Visible Information

The following may be publicly visible on a Campaign page: your full name (you may choose to donate anonymously), your donation amount, and any optional message you include.

Bank Accounts

We do not store or have access to your bank account or credit card information. This information is stored and processed entirely by third-party payment providers.

Data Storage & Transfers

We are based in South Africa. Personal information is stored on our own dedicated server located in Germany. You hereby consent to the cross-border transfer of your Personal Information to Germany. We use Cloudflare (cloudflare.com) and BunnyCDN (bunny.net) as third-party cloud services. Data may be processed through CDN nodes in your location; however, no data is stored by the CDN.

Disclosure to Third Parties

We do not sell or share your personal information with third parties except as required to provide the Services, including when you contribute to a Campaign (where your name, email, contact number, contribution amount, and optional notes are shared with the Organisation). Disclosure may also occur under court order, legal process, or to detect and prevent fraud or illegal activity.

Security

We take reasonable measures to prevent the destruction, unlawful access, and loss of personal information. All data transfers use secure TLS/SSL connections. Systems are monitored 24/7 and access is electronically and physically restricted to authorised employees only. In the event of any data integrity compromise, we will notify you via the Platform, email, or SMS.

Your Rights

You have the right to access, rectify, and erase your information, as well as the right to restrict or object to certain processing — including for direct marketing purposes. To exercise these rights, contact the relevant Organisation or email us at [email protected]. Please note that without certain information, we may be unable to provide the Services.

POPIA Information Officer

Officer: Milan Levy
Email: [email protected]

You may also contact the Information Regulator of South Africa:
Website: justice.gov.za/inforeg
Tel: 012 406 4818
Email: [email protected]

22. General Provisions

Notices

Any notices you wish to send us must be via email to [email protected]. Notices from us may be sent via the Platform, SMS, or email.

Termination

We may in our sole discretion terminate or suspend the provision of the Services to you and/or restrict your access to the Platform at any time. You may terminate your agreement with us at any time by providing written notice.

Governing Law & Jurisdiction

These Terms are governed by the laws of South Africa. You consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in any dispute arising from these Terms.

Changes to These Terms

We may change these Terms from time to time. Changes will be effective immediately and we will take reasonable steps to notify you via the Platform, SMS, or email.

Statutory Disclosures (ECT Act)