MULTI ARTS TRAINING SUPPORT (NPC)

Terms and Conditions

 

MULTI ARTS TRAINING SUPPORT is a trading name of MULTI ARTS TRAINING SUPPORT NPC (2019/385980/08), also known as and referred to within this document and website content as "MATS", registered in South Africa, and has its registered office at Unit D2, Millennium Park, Parow Industria, Cape Town, 7493. MULTI ARTS TRAINING SUPPORT NPC is authorised and tax regulated by the South Africa Revenue Services (9787403170).

Where the term “PARTNER FACILITY” is used in these Terms and Conditions, as an individual or facility receiving the benefits, but that term will equally apply to any entity registering a campaign on behalf of a DONEE, for example an Authorized Applicant, Athlete Manager, Team Manager, Association, Friends Association, or similar.

1. INTRODUCTION

These Terms and Conditions may change or be updated from time to time. It remains your responsibility to access and check these Terms and Conditions wherever you access the website. The latest version of these Terms and Conditions will govern any future usage by you of the website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

Mats.org.za is a website which facilitates the donation transaction between a crowdfunding page holder and donators, or between any user and a charity.

2. REGISTERING AN APPLICATION WITH MULTI ARTS TRAINING SUPPORT

2.1 In principle, a single campaign must link to a single cause.

2.2 Multiple organizations are not allowed to register under the same campaign.

2.3 MULTI ARTS TRAINING SUPPORT NPC reserves all rights to campaigns structures.

3. ACCESS TO AND USE OF the WEBSITE

3.1 There are no site visitor restrictions.

4. DONEE DETAILS

4.1 The names and addresses of the authorised applicant and the DONEE, will be provided in order that MULTI ARTS TRAINING SUPPORT NPC can carry out its Quality Assurance and Verification (QAV) checks. These details will be required for the authorised applicant for a MATS crowdfunding page.

4.2 MULTI ARTS TRAINING SUPPORT NPC reserves the right to reject the application where this information is not provided.

4.3 MULTI ARTS TRAINING SUPPORT NPC has complete discretion to accept the fundraising application or not following Quality Assurance and Verification of the principal applicant.

4.4 MULTI ARTS TRAINING SUPPORT NPC’s decision to accept or reject an application is final and there is no obligation on MULTI ARTS TRAINING SUPPORT NPC to share its reasons for its decision with the DONEE.

5. THE DONEE CROWDFUNDING PAGE

5.1 MULTI ARTS TRAINING SUPPORT NPC will setup the DONEE's crowdfunding page containing information submitted by the DONEE, including a video clip, where the DONEE has opted to submit such a clip. The DONEE name and fundraising request are viewable by potential donators on mats.org.za

5.2 The DONEE confirms to MULTI ARTS TRAINING SUPPORT NPC and the donators that the information contained in the DONEE’s crowdfunding page is complete, accurate and up to date.

6. FEES

6.1 There is no charge to submit a campaign application. If your request is eligible and approved, then there is an upfront charge for creating the crowdfunding page and initial marketing boost on social media platforms. Depending on the performance of the crowdfunding page, the DONEE can - at any stage during the campaign - buy additional marketing boost packages.

6.2 The fee for the service will be 5.0% of the gross funds raised, and excludes all bank transaction costs that will remain payable by the DONEE.

6.3 All fees and charges include VAT.

7. PAYOUTS

7.1 No cash payouts are done.

7.2 Funds generated can only be used for the intended equipment or service as per the registered Crowdfunding Page Quote.

7.3 There is no time limit on the duration of a campaign and the DONEE can abort the campaign at any time; in the event where the intended target amount is not met - the DONEE can request a proportional portion of the registered quote to be supplied by the approved supplier.

7.4 No portion of the generated funds can be transferred to another supplier.

8. THE DONEE'S LIABILITY TO MULTI ARTS TRAINING SUPPORT NPC

8.1 The DONEE is liable to MULTI ARTS TRAINING SUPPORT NPC for any loss or damage suffered by MULTI ARTS TRAINING SUPPORT NPC or any user of mats.org.za as a result of the DONEE:

a) using MATS Crowdfunding Platform in a way that is fraudulent,

b) breaching these DONEE’s Terms,

c) otherwise using MATS in a way that causes loss or damage to MULTI ARTS TRAINING SUPPORT NPC or any other user of MATS.

9. MULTI ARTS TRAINING SUPPORT NPC LIABILITY

9.1 MULTI ARTS TRAINING SUPPORT NPC does not offer any guarantee, either explicit or implicit, that any campaign target will be achieved, or minimum funds raised, or if collecting regular donations that any minimum amount will be collected.

10. ASSIGNMENT

10.1 MULTI ARTS TRAINING SUPPORT NPC may transfer or delegate any of its rights or obligations under these DONEE’s terms to any person. MULTI ARTS TRAINING SUPPORT NPC may provide information about the DONEE and the DONEE activities on mats.org.za to that person.

10.2 The DONEE may not transfer any of its rights or obligations under these DONEE’s terms.

11. AMENDMENTS

11.1 MULTI ARTS TRAINING SUPPORT NPC may amend these DONEE’s terms from time to time and need not give the DONEE notice of the amendments.

12. NOTICES

12.1 All notices given under these DONEE’s terms or any other terms relating to MULTI ARTS TRAINING SUPPORT NPC must be in writing and in English.

MULTI ARTS TRAINING SUPPORT NPC may deliver a notice to the DONEE by placing a message on the MESSAGE area of MATS or by email or post to the contact details last known to MULTI ARTS TRAINING SUPPORT NPC.

A notice from MULTI ARTS TRAINING SUPPORT NPC will be effective at the time of placing a message on MATS or sending an email, or on the second business day after posting. A business day is a weekday other than a national holiday.

A notice from the DONEE to MULTI ARTS TRAINING SUPPORT NPC can be sent by email to info@mats.org.za. Notices to MULTI ARTS TRAINING SUPPORT NPC will be effective on receipt.

13. NO WAIVER

13.1 If MULTI ARTS TRAINING SUPPORT NPC does not enforce any of its rights under these DONEE’s terms or any other terms relating to MATS, it does not mean that MULTI ARTS TRAINING SUPPORT NPC will be unable to enforce those rights in future.

14. THIRD PARTY RIGHTS

14.1 A person who is not a party to these DONEE’s terms may not enforce any of these terms.

15. LAW AND JURISDICTION

15.1 These DONEE’s terms and any non-contractual obligations arising out of or in connection with it are governed by South African Law and the South African courts have exclusive jurisdiction.

15.2 For the benefit of MULTI ARTS TRAINING SUPPORT NPC, the DONEE irrevocably submits to the jurisdiction of the South African courts and irrevocably agrees that a ruling in those courts will be conclusive and binding on the DONEE and may be enforced against the DONEE in the courts of any other jurisdiction.

16. ADDITIONAL TERMS FOR MATS AUTHORISED APPLICANTS

The authorised applicant is the individual who completes the registration on behalf of the DONEE and requests a MATS crowdfunding page on the website. The following additional terms will apply to the authorised applicant’s dealings with MULTI ARTS TRAINING SUPPORT NPC in relation to the relevant MATS crowdfunding page and your use of the website and associated services. To the extent there is any conflict between these additional terms and the core Terms and Conditions, these additional terms will prevail.

17. PERSONAL INFORMATION

MULTI ARTS TRAINING SUPPORT NPC will:

Capture personal information including but not limited to the donator's name, title, address and email address ("Personal Information") at all times in accordance with the Data Protection Act and related legislation, regulatory requirements and guidance as updated and amended from time to time, all to the extent applicable ("Privacy Laws") and protect and secure such information. For the avoidance of doubt this paragraph does not imply that MULTI ARTS TRAINING SUPPORT NPC will share such information with you and/or the MATS crowdfunding page; Not sell, trade or rent Personal Information to third parties.

18. INTERMEDIARY

18.1 MULTI ARTS TRAINING SUPPORT NPC, as operator of the website and associated services, acts as an intermediary between you and the individual users of the website and associated services and, whilst your and/or the MATS crowdfunding page and the individual user information resides on the website or associated services. MULTI ARTS TRAINING SUPPORT NPC reserves all editorial rights and control over the content of such information.

18.2 In the event that MULTI ARTS TRAINING SUPPORT NPC is made aware of or has knowledge of any unlawful activity or information on the website or associated services, MULTI ARTS TRAINING SUPPORT NPC shall act to remove or disable access to the information.

18.3 MULTI ARTS TRAINING SUPPORT NPC shall not be liable to you or the MATS crowdfunding page as a result of its role as intermediary.

19. MATS CROWDFUNDING AUTHORIZED APPLICANT’S OBLIGATIONS


You agree that:

You shall ensure that any person or organization for which you have requested a MATS crowdfunding page agrees to you registering a fundraising campaign on its behalf for the purposes set out on your MATS crowdfunding page;

If your use of the website and/or associated services results in access to any Personal Information you shall:

(i) at all times assist with the responsibilities of MULTI ARTS TRAINING SUPPORT NPC, as a data controller responsible for determining how the Personal Information is processed under the provisions of the Privacy Laws;

(ii) not do, or cause or permit to be done, anything which may result in a breach by MULTI ARTS TRAINING SUPPORT NPC of the Privacy Laws and comply with all reasonable instructions from MULTI ARTS TRAINING SUPPORT NPC relating to the processing by you and/or the MATS crowdfunding page of such Personal Information;

(iii) comply with the Privacy Laws in respect of your and/or the MATS crowdfunding page's collection, use, disclosure or processing of the Personal Information;

(iv) abide by the lawful instructions of all data subjects in respect of the Personal Information and not do anything to compromise the security of such information;

(v) not sell, trade or rent Personal Information to third parties;

(vi) hold the Personal Information securely and not disclose it to anyone other than MULTI ARTS TRAINING SUPPORT NPC, as agreed to by the data subject and/or as permitted by Privacy Laws;

(vii) implement adequate security, technical and organizational measures against all unauthorized, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by MULTI ARTS TRAINING SUPPORT NPC’s reasonable requirements to ensure the security of the Personal Information as notified to you from time to time;

(viii) use Personal Information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on MATS's website;

(ix) only communicate with donators where they have agreed to receive further communications from you and/or the MATS crowdfunding page, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only);

(x) not retain any Personal Information for longer than is necessary; and

(xi) to the extent legally permissible, you shall indemnify and hold harmless MULTI ARTS TRAINING SUPPORT NPC, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the MATS crowdfunding page's breach of this paragraph; and you shall maintain any necessary authority, permit, license, consent, approval and registration for you to fundraise (and, where applicable, for MULTI ARTS TRAINING SUPPORT NPC to fundraise on your behalf) in accordance with applicable laws and if MULTI ARTS TRAINING SUPPORT NPC needs any such authority, permit, licence, consent, approval or registration for it to fundraise on behalf of the MATS crowdfunding page then you will, at no cost to MULTI ARTS TRAINING SUPPORT NPC, provide all such assistance as MULTI ARTS TRAINING SUPPORT NPC reasonably requires to assist MULTI ARTS TRAINING SUPPORT NPC with the same. You agree that you shall inform MULTI ARTS TRAINING SUPPORT NPC immediately if, for any reason, you and/or the MATS crowdfunding page cease(s) to maintain the necessary authority, permit, license, consent, approval and/or registration to operate the fundraising activities in relation to the MATS crowdfunding page in accordance with applicable local laws.

 

The information you provide to us is true and accurate in all respects and is not misleading;

No fraudulent, criminal or otherwise improper uses will be made of donations made via your MATS crowdfunding page. MULTI ARTS TRAINING SUPPORT NPC reserves the right to withdraw a campaign if improper use is suspected and retain donations pending an investigation. MULTI ARTS TRAINING SUPPORT NPC reserves the right to cancel a campaign and return donations to donators at its discretion and without further explanation.


20. LICENSE OF TRADEMARK AND COPYRIGHTED MATERIAL

You hereby grant to MULTI ARTS TRAINING SUPPORT NPC, its affiliates and its partners a non-exclusive license to use any of your crowdfunding page's trademarks and any copyrighted material on your page (including photos, images and videos or any link to the same) solely in connection with the website and associated services and its operation and promotion and for no other purpose whatsoever.

The license shall terminate automatically on expiry or termination of these Terms of Service or the removal of your MATS crowdfunding page from the website in accordance with these Terms and Conditions.

21. DISCLAIMER AND LIMITATION OF LIABILITY

Notwithstanding the provisions of the Disclaimer and Limitation of Liability section of the core Terms and Conditions, MULTI ARTS TRAINING SUPPORT NPC's total liability to you arising under or in connection with these Terms and Conditions, so far as such liability arises out of or relates to your creation and/or use of an MATS crowdfunding page, shall be limited to the total fees paid by you to MULTI ARTS TRAINING SUPPORT NPC under these Terms and Conditions for your use of the website and associated services during the preceding 12 month period ending on the date the circumstances giving rise to the liability arose.

22. CONFIDENTIAL INFORMATION

During the funding period of your MATS crowdfunding page and for a period of seven (5) years thereafter, the parties shall treat as strictly confidential all information about the other which has been acquired as a result of the use of the website and associated services and which is not in the public domain.

No party shall use or disclose to any third party such information belonging to the other party without that party's prior written consent, except where required to do so by applicable law or regulatory or governmental body. This paragraph shall survive termination of these Terms and Conditions.

23. TERMINATION

MULTI ARTS TRAINING SUPPORT NPC reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the website and associated services, including for example by removing any MATS crowdfunding page from the website. MULTI ARTS TRAINING SUPPORT NPC will only exercise this right where there is a breach or suspected breach by you of these Terms and Conditions (including where there is any actual or suspected fraudulent, criminal or improper use of the website or associated services) or where MULTI ARTS TRAINING SUPPORT NPC has any other legitimate reason to do so.

These Terms and Conditions shall terminate automatically upon the removal by you or MULTI ARTS TRAINING SUPPORT NPC of your MATS crowdfunding page from the website. These Terms and Conditions will continue to apply to past use by you.

Upon termination or suspension or denial of access to the website and associated services, funds already received on your behalf by MULTI ARTS TRAINING SUPPORT NPC will be handled in accordance with the provisions above, provided that any potential payment (where applicable) may be delayed where MULTI ARTS TRAINING SUPPORT NPC conducts an investigation regarding your use of the website and associated services and MULTI ARTS TRAINING SUPPORT NPC may decide to refuse to pay funds across to you where you have breached these Terms and Conditions or your MATS crowdfunding page has been removed. In such circumstances MULTI ARTS TRAINING SUPPORT NPC may authorise a refund of loans and donations to donators.

Last Updated: 06 November 2019