ORGANISATION UNDOING TAX ABUSE NPC (“THE NON-PROFIT COMPANY or NPC”) NON-PROFIT COMPANY COMMUNITY MANAGER WEBSITE AND/OR SUBSITES TERMS AND CONDITIONS (“MANAGER TERMS AND CONDITIONS”)

THESE MANAGER TERMS AND CONDITIONS ARE EFFECTIVE AS OF 1 December 2021 “EFFECTIVE DATE”

READ THE MANAGER TERMS AND CONDITIONS CAREFULLY BEFORE BROWSING THE WEBSITE AND/OR SUBSITES. A COMMUNITY MANAGER’S CONTINUED USE OF THE WEBSITE AND/OR SUBSITES INDICATES THAT THE COMMUNITY MANAGER HAS BOTH READ AND ACCEPTED THE MANAGER TERMS AND CONDITIONS. A COMMUNITY MANAGER CANNOT USE THE WEBSITE AND/OR SUBSITES IF SUCH COMMUNITY MANAGER DOES NOT ACCEPT THE MANAGER TERMS AND CONDITIONS. ALL SECTIONS OF THE MANAGER TERMS AND CONDITIONS ARE APPLICABLE TO THE COMMUNITY MANAGER

 

    1. INTRODUCTION
      1. The Community Action Network (CAN) Website and/or Subsites, owned by Organisation Undoing Tax Abuse Website and/or Subsites (hereinafter referred to as “the Non-Profit Company”, “Website and/or Subsites”, “we”, “our” or “us”). Any reference to “the Non-Profit Company”, “NPC”, “we”, “our” or “us” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and partners.
      2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy, apply to any Community Manager who registers to make use of the Community Manager Services as made available to the Community Manager on the Website and/or Subsites, accesses, refers to, views and/or uploads or downloads any information or material made available on the Website and/or Subsites for whatever purpose, and governs the Community Manager’s relationship with the Non-Profit Company.
      3. Accessing and/or use of the Website and/or Subsites after the Effective Date as set out above will signify that the Community Manager has read, understands, accepts, and agrees to be bound, and is bound, by the Manager Terms and Conditions, in such Community Manager’s individual capacity and/or for and on behalf of any Community for whom the Community Manager utilises the Website and/or Subsites. Further, the Community Manager represents and warrants that it has the authority to do so and that in the case of any Community Manager being a natural person, the Community Manager is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended). The terms and conditions of this binding agreement which will always prevail.
      4. To the extent permitted by applicable law, we may modify the Manager Terms and Conditions with prospective effect without prior notice to the Community Manager, and any revisions to the Manager Terms and Conditions will take effect when posted on the Website and/or Subsites unless a later day is otherwise stated in the revised Manager Terms and Conditions, but will require the Community Manager to accept same before using the Website and/or Subsites further. The Community Manager’s continued use of the Website and/or Subsites and/or the Community Manager Services will be construed as the Community Manager’s consent to the amended or updated Manager Terms and Conditions and will be conditional upon the Manager Terms and Conditions in force at the time of use. The Community Manager’s only remedy, should such Community Manager not agree to the Manager Terms and Conditions and/or the Privacy Policy, is to stop the use of the Website and/or Subsites.
      5. These Manager Terms and Conditions will apply fully and affect a Community Manager’s use of the Website and/or Subsites. By using this Website and/or Subsites, the Community Manager agrees to accept the Manager Terms and Conditions as contained herein in full.
      6. The Community Manager further agrees that in circumstances where third party services are provided through the Website and/or Subsites that the Community Manager shall familiarise itself with such third party’s terms and conditions unequivocally absolving the Non-Profit Company from any liability which may arise from the Community Manager failing to do so.
      7. Should a Community Manager not agree to the terms contained herein, the Community Manager must immediately desist from using this Website and/or Subsites.

    1. INTERPRETATION

      In these Manager Terms and Conditions:

      1. clause headings are for the convenience and are not to be used in its interpretation;
      2. unless the context indicates a contrary intention, an expression which denotes:
        1. any gender includes the other gender;
        2. a natural person includes a juristic person and vice versa;
        3. the singular includes the plural and vice versa;
      3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings:
        1. “Alliance Community Organisation (ACO)” means an organisation comprising several with a minimum of two (2) Local Community Organisations (LCO), which have agreed on the need to form a collective that provides professional (legal, financial, engineering, other) services and support to its member LCOs in matters of mutual interest in dealing with their municipality or local authority.
        2. Browser” means any person who visits any page of the Website and/or Subsites, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and/or Subsites and who has no intention of using the Community Member Services or third-party services, or has not yet registered as a Community Member on a Community Forum;
        3. Community” means inter alia, Local Community Organisation (LCO), Alliance Community Organisations (ACO), sports clubs, housing estates, lifestyle communities, resident associations, ratepayer associations, security groups, environmental organisations, churches, photography clubs and the like;
        4. Community Forum” means the forum that a Community Manager has created for a Community, and to which a Community Member may register for through the Website and/or Subsites. A Community Forum consists of Subsites created by Local Community Organisations (LCO) and Alliance Community Organisations (ACO);
        5. Community Manager” or “Community Managers” means the person or entity who has created and manages the Community Forum on the Website and/or Subsites. The two terms are used interchangeably throughout;
        6. Community Member/s” mean a Browser who registers on a Community Forum through the Registration Process on the Website and/or Subsites as a Community Member;
        7. Community Member Services” means those services as provided by the Non-Profit Company through the Website and/or Subsites and managed by the Community Manager, as set out in paragraph 5.1. below;
        8. “Community Action Network (CAN)” Platform is a web-based service, that provides Alliance Community Organisations (ACO) and Local Community Organisations (LCO) with a range of digital tools and resources.
        9. “Local Community Organisation (LCO)” means an association or organisation of interested individuals who live in a localised geographic area. They come together as an LCO to share and address matters of mutual community interest.
        10. Log in Details” means the Community Member’s username and password used in registering a Community Member on a Community Forum through the Website and/or Subsites;
        11. MemberTerms and Conditions” means these Terms and Conditions as read together with the Privacy Policy found at the link recorded in clause 2.3.15. above;
        12. Party” or “Parties” means the Community Member or the Non-Profit Company, or both, as the context implies;
        13. Personal Information” means the Personal Information as required from the Community Member in order to register for the Community Member Services;
        14. Posted Content” means any audio, video text, images, advertisements, offer of sale and purchase, notices, podcasts or other material a Community Member may choose to upload on to or download from the Community Forum, website and/or Subsites;
        15. Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein, which may be found at: https://can.org.za/privacy-policy
        16. Registration Process” means the process to be followed by a Browser on the Website and/or Subsites in order to enable it to sign up on a Community Forum thus make the transition from a Browser to a Community Member;
        17. “Subsite” means an LCO or ACO website that is subordinate to the CAN website and hosted in its entirety under CAN’s domain name using a sub-domain web address.
        18. Website” shall mean the Community Action Network (CAN) website situated at https://www.can.org.za.
      4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Manager Terms and Conditions.
      5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

    1. PREAMBLE
      1. Through the use of the Website and/or Subsites the Community Manager shall have access to the Community Manager Services.
      2. The Community Manager shall through the Website and/or Subsites be able to subscribe to the Community Manager Services, and operate a Community Forum through Community Manager Services as provided on the Website and/or Subsites.
      3. Insofar as the Services are concerned, the Non-Profit Company provides the Website and/or Subsites for the Community Managers to operate the Community Forum and no relationship between the Non-Profit Company and a Community Manager, apart from what has been set out in this Community Manager Terms and Conditions, shall be deemed to come into existence as a result of a Community Manager’s use of the Services.
      4. The Community Manager however, shall be bound by these Manager Terms and Conditions.

    1. REGISTRATION PROCESS
      1. Only a Community Manager may make use of the Community Manager Services, and through same make available Community Member Services by way of the Website and/or Subsites.
      2. In order to access the Community Manager Services, a Community Manager is required to register for same on the Website and/or Subsites.
      3. When registering, a Community Manager will be prompted to provide Log in Details as well as submit certain Personal Information as contained in the Privacy Policy.
      4. The provisions pertaining to the processing of a Community Manager’s Personal Information are set out more fully in our Privacy Policy, found here: https://www.can.org.za/privacy-policy/.
      5. In the event of a Community Manager being of the view that its Log in Details are being used by someone else, please contact us immediately at info@can.org.za or call on 0871700639.

    1. SERVICES
      1. Community Manager Services:
        1. the Non-Profit Company provides the Community Manager with the ability to:
          1. create a virtual Community Forum on the Website and/or Subsites;
          2. accept requests from Community Members to join the Community Forum;
          3. process membership subscription fees through its integrated membership portal;
          4. create a database of Community Members;
          5. Use several tools provided by the Community Action Network (CAN) Platform; and
          6. view, listen to, upload and download Posted Content available on the Community Forum.
      2. Community Member Services:
        1. the Non-Profit Company shall, through the Website and/or Subsites provide the Community Manager the ability to register on a Community Forum as a Community Member.
        2. by registering on a Community Forum a Community Member will have the ability to view, listen to, upload and download Posted Content available on the Community Forum.

    1. PAYMENT OF THE SUBSCRIPTION FEE
      1. A subscription fee to the value of 25% of membership income applies;
      2. This subscription fee includes all operational costs in regards to the CAN platform and the costs to CAN service providers;
      3. Following the monthly debit order, credit card and EFT collection, the total membership income of a community organisation will be processed and the 25% subscription fee will be deducted. Following the deduction of the CAN subscription fee the remaining membership income of 75% will be paid into the supplied and verified community organisation’s bank account.
      4. The monthly collection will be processed on the first day of the new month, unless this day falls on a bank holiday, whereby it will then be moved to the next bank working day.
      5. If the Community Member wishes to cancel the Services, they may cancel same through the Website and/or Subsites, and, on one calendar months’ notice.
      6. All Credit Card/Debit Card/Debit Order collections payments are processed by the Community Action Network Platform’s third-party payment portal. For their terms and conditions and privacy policy please visit peach payments.
      7. Except for any express warranties in these Manager Terms and Conditions, the Community Manager Services are provided on an “as is” basis and used at the Community Manager’s own risk as set out in section 7.3.

    1. LIMITATION OF LIABILITY AND INDEMNITY
      1. The Website and/or Subsites and any content supplied by CAN, together with the Services shall be used entirely at the Community Manager’s own risk. We cannot and do not guarantee that the Services will be uninterrupted, timely, secure, error free or that defects in respect of the Services will be corrected, nor that it will be virus free.
      2. The Community Manager accepts that access to the Services and/or the Website and/or Subsites may be restricted on occasion due to necessary updates and maintenance being carried out on the Website and/or Subsites.
      3. Except for any express warranties in these Manager Terms and Conditions, the Community Manager Services are provided on an “as is” basis and used at the Community Manager’s own risk.
      4. We are not a party to any relationship between a Community Manager and a Community Member except insofar as providing the Website and/or Subsites is concerned.
      5. As such, the Community Manager hereby indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that a Community Manager may suffer or incur as a result of or in connection with the Community Manager’s use of the Community Manager Services or the Website and/or Subsites, including any breach by a Community Manager of these Manager Terms and Conditions, including but not limited to any applicable law or licensing requirements.
      6. To the extent that our liability cannot be excluded by law, its maximum liability, whether in contract, equity, statute, or delict (including negligence), to the Community Manager will be limited to the minimum amount imposed by such law.
      7. Each Community Manager is aware and indemnifies us from any changes in respect of any Services for reasons beyond our control, including but not limited to, war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, pandemics or health risks.
      8. Notwithstanding anything to the contrary in these Manager Terms and Conditions, in no circumstances will the Non-Profit Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

    1. WARRANTIES BY THE COMMUNITY MANAGERS
      1. The Community Manager warrants and represent that the Personal Information provided to us is and shall remain accurate, true and correct and that the Community Manager will update the Personal Information held by us to reflect any changes as soon as possible, in the event of these Manager Terms and Conditions still being in effect.
      2. The Community Manager further warrants that when registering for the Community Manager Services:
        1. they are not impersonating any person; and
        2. are not violating any applicable law regarding use of personal or identification information.
      3. Further and insofar as the Registration Process is concerned, the Community Manager warrants that the Log in Details shall:
        1. be used for personal use only; and
        2. not be disclosed by Community Manager to any third party.
      4. For security purposes the Community Manager agrees that failure to enter the correct Log in Details will result in access to the Community Manager Services being denied.

    1. PROTECTION OF PERSONAL INFORMATION
      1. The Company shall undertake as far as is possible, to protect each Community Member’s Personal Information in accordance with the Company’s Privacy Policy located at https://www.can.org.za/privacy-policy/ and not provide same to any third party, except as may be necessary in order to perform the Community Member Services as required in terms of these Member Terms and Conditions.
      2. The Community Manager shall undertake as far as is possible, to protect each Community Member’s Personal Information in accordance with the Company’s Privacy Policy located at https://www.can.org.za/privacy-policy/ and not provide same to any third party, except as may be necessary in order to perform the Community Manager Services and/or the Community Member Services.

    1. PROHIBITED POSTED CONTENT
      1. The Community Manager may not make use of the Community Manager Services in an attempt to or the performance of any one or more of the activities set out in this clause 11., with each activity in isolation being termed as a prohibited activity:
        1. violation of any laws, statutes, ordinance or regulations;
        2. undertaking, initiating, aiding or abetting criminal activity of any kind, including but not limited to, malicious hacking, illegal gambling operations, money laundering or the financing of terrorists or terrorist activity;
        3. any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material as well as unsolicited advertising, bulk e-mailing of commercial advertising, sending chain mails, requests on behalf of charities, calling for the signature of petitions as well as informational announcements;
        4. take any action, including but not limited to those set out above, that imposes an unreasonable or disproportionately large load on the Website and/or Subsite’s infrastructure, including spam or other unsolicited mass e-mailing techniques (whether automated or not);
        5. use the Community Manager Services for any illegal purpose or in violation of any national/international law or other applicable legislation, which shall include laws relating to the payment of taxes and respect to privacy together with any obligations that a Community Manager may owe to third parties;
        6. post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which the Community Manager is not authorised to transfer to another party;
        7. conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
        8. mislead or deceive others through any act or omission or make a false representation about any party’s identity, including the impersonation of a real or fictitious person or entity, or using an alternative identity or pseudonym;
        9. use the Community Manager Services in order to harass, abuse, defame, threaten, instigate or initiate any action that may be viewed as harmful or unlawful against a third person or entity;
        10. use the Community Manager Services in an attempt to obtain Personal Information of any third party, without consent;
        11. use the Community Manager Services as a front for a debt collection agency or banking institution;
        12. depositing funds into, alternatively in any other manner, supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes, high-yield investment programmes, or any cause which may be seen to be obscene, defamatory, libellous, threatening, pornographic, hateful or racially offensive;
        13. use the Community Manager Services as a front, or alter ego decoy in order to receive fraudulent funds, or what may be perceived by the Non-Profit Company to be fraudulent funds;
        14. use the Community Manager Services in a manner that is or may be perceived to be an abuse or violation of the Community Manager Services or rules which govern same;
        15. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment on the Website and/or Subsites or in relation to the Community Manager Services;
        16. no person, business or website may use any technology for the purpose of crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Website and/or Subsites;
        17. remove or alter the Non-Profit Company’s copyright notices or other means of identification including any watermarks, as they appear on the Website and/or Subsites; and
        18. distribute or publish any part of the information or content included in the Community Manager Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public, in a manner that casts the Non-Profit Company in a bad light.
      2. In the event of the Non-Profit Company suspecting that a Community Manager is acting, or assisting a third-party to act in this manner, it reserves the right to collect evidence to prove or disprove such activities, which evidence may include but not be limited to IP addresses, business names, telephone numbers and e-mail addresses.
      3. The Non-Profit Company shall not be held liable or responsible for any loss, theft, damage, or misuse of the Community Manager’s copyright material in respect of any content placed on the Community Forum.

    1. LINKS TO OTHER WEBSITE AND/OR SUBSITES
      1. The Website and/or Subsites may contain links or portals to other websites which are uploaded by a Community Member. The Non-Profit Company has no control over websites operated by third parties and the Community Member agrees that the Non-Profit Company is not responsible for and will have no liability in connection with a Community Member’s access to or use of any third-party website.

    1. CONFIDENTIALITY
      1. Confidential information means any documents or information created, received or obtained from the Non-Profit Company, together with information relating to the Non-Profit Company as well as non-public information pertaining to the Non-Profit Company’s business (including, without limitation pricing information, any related entities, the identity of Community Managers, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
      2. Community Managers may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.
      3. Where Community Managers are legally required to disclose the Confidential Information, they shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
      4. Community Managers shall notify the Non-Profit Company immediately upon becoming aware of a suspected or actual breach of this obligation.
      5. The Non-Profit Company will not disclose or make available, directly or indirectly, any Community Managers’ Confidential Information, except where the Non-Profit Company has the Community Managers’ permission, where the Confidential Information is already in the public domain (through no breach of these Manager Terms and Conditions), in furtherance of the Community Managers’ use of or provision of the Community Manager Services, to enforce all or any of the terms or if legally compelled to do so.

    1. PROTECTION OF DATA
      1. The Non-Profit Company makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that Personal Information, alternatively any data uploaded onto the Website and/or Subsites may not be accessed, disclosed, altered, or destroyed by breach of the Non-Profit Company’s administrative, managerial, and technical safeguards. Therefore, the Non-Profit Company urges the Community Managers to take adequate precautions to protect their personal data and Log in Details including never sharing their passwords with anyone. Please specifically refer to clause 10 above.

    1. COPYRIGHTS
      1. The contents of the Website and/or Subsites are the licensed property of the Non-Profit Company. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all Posted Content on the Community Forum is that of the Community Manager or a Community Member unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
      2. Except as stated in these Manager Terms and Conditions, none of the contents of the Website and/or Subsites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of the Non-Profit Company or the copyright owner, and further, should such consent be provided, the Non-Profit Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
      3. The Non-Profit Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website and/or Subsites, and may at its sole discretion, remove any infringing content should same infringe on another’s intellectual property rights or its own.
      4. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website and/or Subsites, where not evidently that of a Community Manager or a Community Member, are the exclusive property of the Non-Profit Company.

    1. BREACH
      1. If a Community Manager commits a breach of these Manager Terms and Conditions and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Non-Profit Company shall be entitled, at its option, either to cancel these Manager Terms and Conditions and access to the Website and/or Subsites and the Community Manager Services, and claim damages or alternatively to claim specific performance of all of the Community Manager’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

    1. DISPUTE RESOLUTION
      1. Any dispute which arises between the Parties in respect of these Manager Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
      2. If either Party provides written notification to the other that such attempt has failed then the Parties shall attempt to agree upon the appointment of a suitably qualified mediator, within 7 (seven) days of such dispute being referred.
      3. If agreement is not reached as to the appointment of such mediator within 7 (seven) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then either Party may give written notice to the other Party referring the dispute to arbitration in accordance with the provisions of this clause 17. (“Arbitration Notice”).
      4. If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
      5. Either of the Parties may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
      6. The arbitration referred to in clause 17.4. shall be held –
        1. at Cape Town or other venue agreed by the Parties in writing;
        2. in English; and
        3. immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.
      7. The Parties irrevocably agree that the decision in arbitration proceedings:
        1. shall be final and binding upon them;
        2. shall be carried into effect;
        3. may be made an order of any court of competent jurisdiction.

    1. NOTICES AND DOMICILIUM
      1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Manager Terms and Conditions, the following:
        1. The Non-Profit Company: The Non-Profit Company: Unit 4, Boskruin Village Office Park
          Cnr President Fouche & Hawken Road Bromhof GT 2188
          South Africa.

          Email: info@can.org.za

        2. the Community Manager:

          The address as provided when registering on the Website and/or Subsites.

      2. Both Parties may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
      3. All notices to be given in terms of these Manager Terms and Conditions will:
        1. be given in writing;
        2. be delivered or sent by email; and
        3. be presumed to have been received on the date of delivery.
      4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

    1. VARIATION
      1. No contract varying, adding to, deleting from or cancelling these Manager Terms and Conditions, and no waiver of any right under these Manager Terms and Conditions, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

    1. SURVIVAL
      1. Clauses which out of necessity or by implication herein survive termination of these Manager Terms and Conditions, shall remain in full and effect despite the termination hereof.

    1. SEVERANCE
      1. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Manager Terms and Conditions and the remaining terms will continue to apply. Failure by the Non-Profit Company to enforce any of the provisions set out in these Manager Terms and Conditions and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Manager Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each provision.

  1. GENERAL
    1. These Manager Terms and Conditions constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.
    2. The Non-Profit Company’s failure to enforce any provision of these Manager Terms and Conditions shall not constitute a waiver of such provision. Further, any consent to depart from these Manager Terms and Conditions shall be ineffective unless it is confirmed in writing and signed by the Parties.
    3. Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Manager Terms and Conditions is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
    4. The rights, powers and remedies provided to the Non-Profit Company in these Manager Terms and Conditions are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Manager Terms and Conditions.
    5. These Manager Terms and Conditions together with the other terms and legal documents situated on the Website and/or Subsites constitute the entire agreement in as far as the provision of the Community Manager Services are concerned. The Community Managers acknowledge and agree that they have not relied on any representations by the Non-Profit Company except those contained in these Manager Terms and Conditions.
    6. The laws of the Republic of South Africa shall apply to these Manager Terms and Conditions and you hereby submit to the exclusive jurisdiction of the South African courts.
    7. Any claims, legal proceeding or litigation arising in connection with these Manager Terms and Conditions shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
    8. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.