Terms & Conditions

  1. Introduction

    AlumnusOnline (NPC) is a non-profit company established under the laws of South Africa, having its offices at Building 2 Glass House Office Park, 309 Umhlanga Rocks Drive, La Lucia Ridge, Kwa-Zulu Natal, South Africa, registered at the Companies and Intellectual Property Commission in South Africa under registration number 2017/464348/08 (hereinafter referred to as “Alumnus”).

    Alumnus is a public benefit organisation that facilitates the donation of funds between Educational Institutions and potential funders through the Platform. SARS’ Tax Exemption Unit has granted Alumnus approval as a public benefit organisation as well as approval in terms of section 18A of the Income Tax Act, 1962.

  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. may limit the risk or liability of Alumnus or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Alumnus or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. The User’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that the User does not understand, it is the User’s responsibility to ask Alumnus to explain it to the User before the User accepts the Terms and Conditions or continues using the Platform and/or Services.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the User or Alumnus in terms of the CPA.
    6. Alumnus permits the use of this Platform and/or Services subject to the Terms and Conditions. By using this Platform and/or Services in any way, the User shall be deemed to have accepted all the Terms and Conditions unconditionally. The User must not use this Platform and/or Services if the User does not agree to the Terms and Conditions.
  3. Contractual Relationship
    1. These Terms and Conditions govern the access or use by the User, an individual, from within any country in the world, of the Platform and/or Services made available by Alumnus.
    2. The User’s access and use of the Platform and/or Services constitutes the User’s agreement to be bound by these Terms, which establishes a contractual relationship between the User and Alumnus. If the User does not agree to these Terms, the User may not access or use the Platform and/or Services. These Terms expressly supersede prior agreements or arrangements with the User.
    3. Supplemental terms may apply to the Platform and/or Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to the User in connection with the applicable Platform and/or Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms and Conditions for the purposes of the applicable Platform and/or Services. Supplemental terms shall prevail over these Terms and Conditions in the event of a conflict with respect to the applicable Platform and/or Services.
    4. Alumnus’ collection and use of personal information in connection with the Platform and/or Services is as provided in Alumnus’s Privacy Policy located at alumnusonline.co.za/privacy, the terms of which are specifically incorporated into these Terms.
  4. Definitions

    Alumnus has defined some of the words used in these Terms. These words begin with a capital letter. Singular words include the plural and plural words include the singular.

    1. “Applicable Laws” means all national, provincial, local and municipal legislation, regulations, statutes, by-laws, consents and/or other laws of any relevant governmental authority and any other instrument having the force of law as may be issued and in force from time to time relating to or connected with the activities contemplated under these Terms.
    2. “BBBEE” means the Broad Based Black Economic Empowerment Act 53 of 2003.
    3. “Device” means the computer, tablet, smartphone or other device the User uses to access the Platform.
    4. “Educational Institution” means a South African university and/or school;
    5. “Intellectual Property” means all: inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with these; copyright, including copyright in logos, devices, designs, multimedia works and computer software programs (in source and object code form), as well as programmers’ or developers’ notes, flow charts and design documents; rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases; confidential information; other intellectual property rights and similar kinds of protection that are registered or can be registered anywhere in the world; and applications for, and rights to apply for, the protection of any of the items on this list.
    6. “Intellectual Property Rights” means all rights in and to Intellectual Property.
    7. “ISP” means an internet service provider, which is an entity that provides access to the internet.
    8. “Personal Information” means information about an identifiable, natural person and where applicable, a juristic person, including, but not limited to information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well- being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, e-mail, postal or physical address, telephone number; location; any online identifier; any other particular assignment of the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
    9. “Platform and/or Services” means the online platform, at www.alumnusonline.com and the Alumnus mobile application that enables students, alumni, corporations and members of the public to create Profiles, social network, post, share content and donate funds to or to be used for the benefit of Educational Institutions for their’ educational and infrastructural needs.
    10. “Process” means any operation or activity, automated or not, concerning Personal Information, including: alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification, or the use of information. Processing and Processed will have a similar meaning.
    11. “Profile” means the profile the User creates when it signs up for the Platform and/or Services.
    12. “Parties” means the Alumnus and the User.
    13. “SARS” means the South African Revenue Service.
    14. “Strategic Partners” means the entities as listed on the homepage of the Platform.
    15. “Alumnus” means AlumnusOnline (NPC).
    16. “User” means the person who uses the Platform and/or Services.
  5. The Platform and/or Services
    1. The Platform and/or Services can be used to create a Profile, view the profiles of alumni of Educational Institutions, Educational Institutions as alumni, and as corporates that are partnered with Educational Institutions, and if the User chooses to do so, to donate funds to Educational Institutions.
    2. The User can also use the Platform and/or Services to chat to other Users, post and share content and arrange and schedule events amongst Users.
    3. The User acknowledges that Alumnus does not provide financial services or educational services and that all such financial or educational services are provided by independent third parties who are not employed by Alumnus or any of its affiliates.
  6. User’s Use of the Platform and/or Services
    1. Registration and use of the Platform and/or Services
      1. Only registered Users may access or make use of the Platform and/or Services.
      2. To register as a User, the User must provide a unique username and password and provide certain information and personal details to Alumnus. The User will need to use the User’s unique username and password to access the Platform (“User Account”) in order to make donations and use the Platform and/or Services.
      3. Account registration requires the User to submit to us certain personal information, such as the User’s name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
      4. The User agrees and warrants that the User’s username and password shall:

        (i) be used for personal use only; and

        (ii) not be disclosed by the User to any third party.

      5. For security purposes the User agrees to enter the correct username and password whenever donating monies or using the Platform and/or Services, failing which the User will be denied access.
      6. The User agrees that, once the correct username and password relating to the User’s Account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such donation, save where the donation is cancelled by the User in accordance with these Terms and Conditions.
      7. The User agrees to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the User’s username and password and to take steps to mitigate any resultant loss or harm.
      8. By using the Platform and/or Services, the User warrants that the User is 18 (eighteen) years of age or older and of full legal capacity. If the User is under the age of 18 (eighteen) or if the User is not legally permitted to enter into a binding agreement, then the User may use the Platform and/or Services only with the involvement and supervision of the User’s parent or legal guardian. If the User’s parent or legal guardian supervises the User and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for the User and all the User’s obligations under these Terms and Conditions.
      9. The User agrees to maintain accurate, complete, and up-to- date information in the User’s Account. The User’s failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in the User’s inability to access and use the Platform and/or Services or Alumnus’s termination of these Terms with the User. The User is responsible for all activity that occurs under the User’s Account, and the User agrees to maintain the security and secrecy of the User’s Account username and password at all times. Unless otherwise permitted by Alumnus in writing, the User may only possess one Account.
      10. The User agrees that the User will:

        a) Provide accurate information to Alumnus and keep it updated at all times;

        b) Use the User’s real name on the User’s Profile;

        c) Use the Platform and/or Services in a professional manner

    2. Restrictions

      The User agrees that the User will not:

      a) Act in an unlawful or unprofessional manner in connection with Alumnus’ Platform and/or Services, including being dishonest, abusive or discriminatory;

      b) Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;

      c) Use an image that is not the User’s likeness or a head-shot photo for the User’s Profile

      d) Create a false identity on the Platform and/or Services. The occasional creation of clearly fictional profiles by Alumnus or with Alumnus’ express permission in connection with a promotional campaign does not waive this obligation;

      e) Misrepresent the User’s identity (e.g. by using a pseudonym), the User’s current or previous positions, qualifications or affiliations with a person or entity;

      f) Create a Profile for anyone other than the User’s (a real person)

      g) Send or post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorised by Alumnus;

      h) Imply or state that the User is affiliated with or endorsed by Alumnus without Alumnus’ express consent (e.g., representing the User as an accredited Alumnus trainer);

      i) Rent, lease, loan, trade, sell/re-sell access to the Platform and/or Services or related data;

      j) Sell, sponsor, or otherwise monetise the Platform and/or Service without Alumnus’ consent;

      k) Deep-link to the Platform and/or Services for any purpose other than to promote the User’s Profile or a Group on the Platform and/or Services, without Alumnus’ consent;

      l) Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or Services;

      m) Remove, cover or obscure any advertisement included on the Platform and/or Services;

      n) Use bots or other automated methods to access the Platform and/or Services, add or download contacts, send or redirect messages;

      o) Monitor the Platform and/or Services’ availability, performance or functionality for any competitive purpose;

      p) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform and/or Services;

      q) Overlaying or otherwise modifying the Platform and/or Services or their appearance;

      r) Access the Platform and/or Services except through the interfaces expressly provided by Alumnus, such as its mobile applications and www.alumnusonline.com;

      s) Use a Service for tasks that it is not intended for;

      t) Override any security feature of the Platform and/or Services;

      u) in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Platform and/or Services. In addition, the User agrees that the User will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Platform and/or Services or the information contained herein, without the prior written consent from an authorised Alumnus representative (such consent is deemed given for standard search engine technology employed by internet search websites and applications to direct internet users to this Platform).

    3. License
      1. Subject to the User’s compliance with these Terms, Alumnus grant the User a limited, non-exclusive, non-sub- licensable, revocable, non-transferrable license to: (i) access and use the Platform and/or Services on the User’s personal device solely in connection with the User’s use of the Platform and/or Services; and (ii) access and use any content, information and related materials that may be made available through the Platform and/or Services, in each case solely for the User’s personal, non-commercial use.
      2. Any rights not expressly granted herein are reserved by Alumnus and Alumnus’ licensors.
    4. Provision of the Platform and/or Services.
      1. The User acknowledges that portions of the Platform and/or Services may be made available under Alumnus’ various brands or request options associated with donations, social networking and education including the donation facilitation brands currently referred to as “Alumnus,” “AlumnusOnline,” and the social networking brands currently referred to as “Alumnus Communities Network,” “AlumnusForums,” “AlumnusChat,” and “Friends of Schools.”
      2. The User also acknowledges that the Platform and/or Services may be made available under such brands or facilitation options by or in connection with: (i) certain of Alumnus’ subsidiaries and affiliates; or (ii) independent third party providers, including Educational Institutions.
    5. Third Party Services and Content.
      1. The Platform and/or Services may be made available or accessed in connection with third party services and content (including advertising) that Alumnus does not control.
      2. The User acknowledges that different terms of use and privacy policies may apply to the User’s use of such third party services and content. Alumnus does not endorse such third party services and content and in no event, shall Alumnus be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. Samsung, Google Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if the User accesses the Platform and/or Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Platform and/or Services in any manner.
      3. The User’s access to the Platform and/or Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
    6. User Provided Content
      1. Alumnus may, in its sole discretion, permit the User from time to time to submit, upload, publish or otherwise make available to us through the Platform and/or Services textual, audio, and/or visual content and information, including commentary and feedback related to the Platform and/or Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
      2. Any User Content provided by the User remains the User’s property. However, by providing User Content to Alumnus, the User grants us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and/or Services and Alumnus’ business and on third-party sites and services), without further notice to or consent from the User, and without the requirement of payment to the User or any other person or entity.
      3. The User represents and warrants that:

        (i) The User is either the sole and exclusive owner of all User Content or the User has all rights, licenses, consents and releases necessary to grant Alumnus the license to the User Content as set forth above, except for the limited license granted above;

        (ii) neither the User Content nor the User’s submission, uploading, publishing or otherwise making available of such User Content nor Alumnus’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s Intellectual Property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;

        (iii) The User shall not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Alumnus in Alumnus’ sole discretion, whether or not such material may be protected by law. Alumnus may, but shall not be obligated to, review, monitor, or remove User Content, at Alumnus’ sole discretion and at any time and for any reason, without notice to the User.

    7. Sharing
      1. The Platform and/or Services allow messaging and sharing of information in many ways, such as the User profile, slide deck, links to news articles, job postings, messaging and blogs. Information and content that the User share or post may be seen and copied by other Users.
      2. Where Alumnus have made settings available, Alumnus will honor the choices the User makes about who can see content or information (e.g., message content to the User’s addressees, restricting the User’s profile visibility from search engines, or opting not to notify others of the User’s Profile update).
      3. For job placement searching activities, Alumnus default to not notifying the User’s network or the public. So, if the User applies for a job/placement through the Platform and/or Service or opt to signal that the User is interested in a job, Alumnus’ default is to share it only with the job poster.
      4. Alumnus are not obligated to publish any information or content on the Platform and/or Service and can remove it in its sole discretion, with or without notice.
  7. Donation of funds
    1. Holding of Funds
      1. The funds donated by the User shall be held in a bank account registered with Alumnus and under the sole control of Alumnus.
    2. Selected Educational Institution

      In the event that an Educational Institution has been removed from the Platform and/or Services because it did not comply with Alumnus’ rules, the donated funds will be directed and utilised for any other Educational Institution at the discretion of the Alumnus board.

    3. Selected Purpose
      1. Once the User has created a Profile, the User can donate funds directly to the Educational Institution or donate the funds to be used for the benefit of an Educational Institution for the purpose selected by the User, including but not limited to infrastructure, learning resources or sporting/extramural activities (“the Selected Purpose”), such funds shall be administered, managed and audited by Alumnus or through Alumnus’ Strategic Partners.
      2. Users must specify whether the donated funds are to be paid directly to the Educational Institution or to be used for the benefit of the Educational Institution through the procurement of a qualified and vetted third party service provider.
      3. In the event that the total funds collected by Alumnus on behalf of the Educational Institution are insufficient to execute the Selected Purpose after a period of 12 months:
        1. the donated funds will be diverted to other purposes required by the intended Educational Institution; and
        2. Alumnus will consult and agree with the intended Educational Institution on how the funds will be utilised, taking into consideration any acts of God (natural disasters), unavoidable accidents or chance occurrences which may have affected the Educational Institution.
    4. Procurement of goods and services

      Once a User specifies that the donated funds are to be utilised to the benefit of the Educational Institution:

      (i) Alumnus shall require the Educational Institution to obtain alternative quotations from three reputable service providers that in Alumnus’ sole discretion are appropriately qualified and suitable to render the services or provide the goods to the Educational Institution necessary to fulfill the Selected Purpose.

      (ii) Alumnus undertake to vet and select a service provider(s) with the assistance of Alumnus’ Strategic Partners.

      (iii) The donated funds will be paid directly to the service provider on behalf of the Educational Institution.

    5. Direct payment

      Once a User specifies that the donated funds are to be paid directly to the Educational Institution, Alumnus will pay any donation directly to the relevant Educational Institution.

    6. Administration Fee

      Once payment for the donated funds has been processed, 15% (fifteen percent) of the User’s donation will be utilised towards the costs of administering the funds and operating the Platform and/or Services. The balance of the donated funds will be paid directly towards the User’s Selected Purpose. This administration fee of 15% of the User’s donation is due and processed immediately.

      1. In the event that a donation is made by a User who is not a resident in South Africa, Alumnus shall charge an administration fee of 20%.
      2. Alumnus reserves the right to administer the donated funds in its own capacity and/or partially or fully outsource this fund administration function to an external service provider.
      3. Alumnus reserves the right to establish, remove and/or revise administration fees for any or all services or goods obtained through the use of the Platform and/or Services at any time in its sole discretion.
      4. Alumnus will use reasonable efforts to inform the User of Administration Fees that may apply, provided that the User will be responsible for the Administration Fee incurred under the User’s Account regardless of the User’s awareness of such Administration Fee or the amounts thereof.
    7. Withholding of funds
      1. Alumnus reserves the right to withhold funds until such time that the Educational Institution is able to provide proof of effective internal controls and financial reporting.
      2. Interest generated from withheld funds shall accrue to Alumnus and, upon due consideration by the board of Alumnus, be distributed to various initiatives in accordance with the mission, vision and objects of Alumnus.
    8. Timing of Payments
      1. The timing of the payments Alumnus makes to Educational Institutions and/or vetted service providers will be in its discretion.
    9. Payment Notification
      1. Alumnus will send the User a notification to the User’s email, setting out the funds that Alumnus has paid to the Educational Institution and how these funds are allocated, alternatively, setting out the funds that Alumnus has paid to the vetted service provider for the provision of goods and services to the benefit of the Educational Institution.
    10. Tax Receipt
      1. The User can download a receipt in terms of section 18A of the Income Tax Act 58 of 1962 from the Platform and/or Services.
      2. The User will automatically receive a donations invoice for all donations made by the User for every tax year for submission to SARS
      3. Donations made by Users who are not residents of South Africa may attract donations tax and/or other taxes payable to the User’s country of residence.
    11. BBBEE Report

      At the end of each financial year, Alumnus will provide the User with a report accompanied by supporting documentation and verification setting out the details of any funding that the User has provided to the benefit of “black” beneficiaries as defined in section 1.4 of the BBBEE Codes of Good Practice, which may contribute towards the User’s BBBEE status.

  8. Payment terms
    1. The User’s donation may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
    2. Payment will be facilitated by Alumnus using the preferred payment method designated in the User’s Account, after which Alumnus will send the User a receipt by email. If the User’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, the User agrees that Alumnus may use a secondary payment method in the User’s Account, if available.
    3. The User acknowledges that the terms and conditions of MyGate (“the Payment Gateway”) are incorporated by reference and form part of these Terms.
  9. Refund and Cancellation Policy
    1. By making an online payment, the User is making a charitable donation, which is non-revocable once it’s been received by Alumnus. In the case of an error in the payment amount made, the User will need to contact Alumnus within 72 hours in order to get a refund, for which a 10% charge will apply for administration costs. A refund will not be possible once the monies have been used by the Educational Institution or vetted service provider as per the User’s donation instruction.
    2. Donations as a result of direct marketing
      1. A User that was introduced to the Platform and/or Services as a result of direct marketing may cancel a donation by written notice to that effect, within 5 days of the date of payment of the donation being made.
    3. Requirement for confirmation of identity
      1. All refunds are subject to prior confirmation of the identity of the User and their authority to act. The specific requirements will be made available to the User upon submission of their notice of cancellation.
    4. Requirement for confirmation of account details
      1. Refunds will only be made into a South African bank account. The bank account details into which refunds are to be made must be verified in a manner specified by Alumnus on receipt of the notice of cancellation.
    5. Payment of the refund
      1. Payment of the refund will not be made until and unless confirmation of identity and bank account details referred to in this clause have been provided to the satisfaction of Alumnus. Any refund will be made within 15 days of receipt of confirmation of identity and bank account details to the satisfaction of Alumnus. The full or partial refund amount will be subject to a 10% refund fee charged.
      2. The User may elect to cancel its donation instruction to an Educational Institution at any time prior to confirming the donation instruction, without being charged any cancellation fee.
  10. Method of Payment
    1. Alumnus is committed to providing secure online payment facilities. All online payments are processed by MyGate Payment Gateway and encrypted using appropriate encryption technology. Users may view MyGate’s security policies at www.mygate.co.za.
    2. Payment can be made for donations via -
      1. debit card;
      2. credit card: where payment is made by credit card, Alumnus may require additional information in order to authorise and/or verify the validity of payment as contained in the User’s donation instruction. In such cases Alumnus is entitled to withhold payment until such time as the additional information is received by Alumnus and authorisation is obtained by Alumnus for the amounts. If Alumnus do not receive authorisation the User’s donation instruction will be cancelled. The User warrants that the User is fully authorised to use the credit card supplied for purposes of paying donations. The User also warrants that its credit card has sufficient available funds to cover all the costs incurred as a result of the User’s use of the Platform and/or Services;
      3. direct bank deposit or electronic funds transfer: if the User pays via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the User’s donation instruction. Alumnus will not action the User’s donation instruction if payment has not been received; and
      4. Instant EFT; and
      5. Debit order.
    3. The above payment options are explained in more detail in Alumnus’ Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    4. The User may contact Alumnus via Alumnus’ help page to obtain a full record of the User’s payment
    5. Once the User has selected its payment method (save direct bank deposit), the User will be directed to a link to a secure site for payment of the applicable donation amount.
  11. Promotional Codes

    Alumnus may, in Alumnus’ sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Platform and/or Services and/or a third party provider’s services, subject to any additional terms that Alumnus establishes on a per promotional code basis (“Promo Codes”). The User agrees that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Alumnus; (iii) may be disabled by Alumnus at any time for any reason without liability to Alumnus; (iv) may only be used pursuant to the specific terms that Alumnus establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to the User’s use. Alumnus reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by the User or any other user in the event that Alumnus determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  12. Text Messaging
    1. By creating an Account, the User agrees that the Platform and/or Services may send the User text (SMS) messages as part of the normal business operation of the User’s use of the Platform and/or Services. The User may opt-out of receiving text (SMS) messages from Alumnus at any time by following the directions found at http: www.alumnus.co.za/sms/unsubscribe.
    2. The User acknowledges that opting out of receiving text (SMS) messages may impact the User’s use of the Platform and/or Services
  13. Network Access and Devices.
    1. The User is responsible for obtaining the data network access necessary to use the Platform and/or Services.
    2. The User’s mobile network’s data and messaging rates and fees may apply if the User accesses or uses the Platform and/or Services from a wireless-enabled device and the User shall be responsible for such rates and fees.
    3. The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and/or Services and any updates thereto.
    4. Alumnus does not guarantee that the Platform and/or Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform and/or Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  14. Data charges

    Standard data costs will be charged by the User’s ISP every time the User uses the Platform and/or Services.

  15. Ownership of Intellectual Property and copyright
    1. The contents of the Platform and/or the Services, including any Intellectual Property, material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Platform and/or Services (“Alumnus’ Content”) are protected by law, including but not limited to copyright and trade mark law. Alumnus’ Content and Intellectual Property is the property of Alumnus and/or its sponsors and/or its licensor and/or its licensor’s advertisers and/or is licensed to Alumnus.
    2. The User will not acquire any right, title or interest in or to the Platform and/or the Services and/or Alumnus’ Content and/or Alumnus’ Intellectual Property.
    3. Any use, distribution or reproduction of Alumnus’ Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of Alumnus’ Content contact Alumnus via Alumnus' help page.
    4. Where any of Alumnus’ Content has been licensed to Alumnus or belongs to any third party, the User’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the User agrees to comply with such third party terms and conditions.
    5. Claims of copyright infringement should be sent to Alumnus’s designated agent. Please visit Alumnus’s webpage at alumnusonline.co.za/legal for the designated address and additional information.
  16. Changes to these Terms and Conditions
    1. Alumnus may, in its sole discretion, change any of these Terms and Conditions at any time. It is the User’s responsibility to regularly check these Terms and Conditions and make sure that the User is satisfied with the changes. Should the User not be satisfied, the User must not place any further donation instructions on, or in any other way use, the Platform and/or the Services.
    2. Any such change will only apply to the User’s use of this Platform and/or the Services after the change is displayed on the Platform. If the User uses the Platform after such amended Terms and Conditions have been displayed on the Platform, the User will be deemed to have accepted such changes.
  17. Electronic communications
    1. When the User visits the Platform and/or the Services and/or send emails to Alumnus, the User consents to receiving communications from Alumnus or any of Alumnus’ divisions or partners electronically in accordance with Alumnus’ Privacy Policy accessible at www.alumnusonline.co.za/privacy
  18. Disclaimer
    1. The use of the Platform and/or Services is entirely at the User’s own risk and the User assumes full responsibility for any risk or loss resulting from use of the Platform and/or Services or reliance on any information on the Platform and/or Services and/or any third party Website.
    2. Whilst Alumnus takes reasonable measures to ensure that the content of the Platform and/or Services is accurate and complete, Alumnus makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Platform and/or Services or as to the accuracy, completeness or reliability of any information on the Platform and/or Services. If any such representations or warranties are made by Alumnus representatives, Alumnus shall not be bound thereby.
    3. Alumnus disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Platform and/or Services and/or any content therein unless otherwise provided by law.
    4. The Platform and/or Services itself and all information provided on the Platform and/or Services is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Platform and/or Services are not necessarily the views of Alumnus, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Alumnus also makes no warranty or representation, whether express or implied, that the information or files available on the Platform and/or Services are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The User accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Alumnus, its employees, agents or authorised representatives. Alumnus thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Platform and/or the Services.
  19. Linking to Third Party Websites
    1. This Platform and/or the Services may contain links or references to other Websites (“Third Party Websites”) which are outside of Alumnus’ control, including those of advertisers. These Terms and Conditions do not apply to those third party Websites and Alumnus is not responsible for the practices and/or privacy policies of those third party Websites or the “cookies” that those sites may use
    2. Notwithstanding the fact that the Platform and/or Services may refer to or provide links to Third Party Websites, the User’s use of such third party Websites is entirely at the User’s own risk and Alumnus are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the User’s use of such Third Party Websites or the User’s reliance on any information contained thereon.
  20. Limitation of liability
    1. Alumnus cannot be held liable for any inaccurate information published on the Platform and/or Services and/or any incorrect prices displayed on the Platform and/or Services, save where such liability arises from the gross negligence or wilful misconduct of Alumnus, its employees, agents or authorised representatives. The User is encouraged to contact Alumnus to report any possible malfunctions or errors by way of the Alumnus help page
    2. Alumnus shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the User’s use of, or reliance upon, the Platform and/or the Services or the content contained in the Platform and/or Services; or the User’s inability to use the Platform and/or Services, and/or unlawful activity on the Platform and/or Services and/or any linked Third Party Website.
    3. The User hereby indemnify Alumnus against any loss, claim or damage which may be suffered by the User or any third party arising in any way from the User’s use of this Platform and/or the Services and/or any linked Third Party Website.
  21. Availability and termination
    1. Alumnus will use reasonable endeavours to maintain the availability of the Platform and/or Services, except during scheduled maintenance periods, and are entitled to discontinue providing the Platform and/or Services or any part thereof with or without notice to the User.
    2. Alumnus may in its sole discretion terminate, suspend and modify this Platform and/or Services, with or without notice to the User. The User agrees that Alumnus will not be liable to the User in the event that it chooses to suspend, modify or terminate this Platform and/or Services other than for processing any orders made by the User prior to such time, to the extent possible.
    3. If the User fails to comply with its obligations under these Terms and Conditions, including any incident involving payment of a donation to any Educational Institution, this may (in Alumnus’ sole discretion with or without notice to the User) lead to a suspension and/or termination of the User’s access to the Platform and/or Services without any prejudice to any claims for damages or otherwise that Alumnus may have against the User
    4. Alumnus is entitled, for purposes of preventing suspected fraud and/or where it suspects that the User is abusing the Platform and/or Services and/or have created multiple user profiles to take advantage of a promotion or coupon intended by Alumnus to be used once-off by the User, to blacklist the User on its database (including suspending or terminating the User’s access to the Platform and/or Services), refuse to accept or process payment on any donation instruction, and/or to cancel any donation instruction concluded between the User and Alumnus, in whole or in part, on notice to the User. Alumnus accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, the User can choose to stop using the Platform and/or Services, with or without notice to Alumnus.
  22. Governing law and jurisdiction
    1. These Terms and Conditions and Alumnus’ relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Platform and/or Services will constitute the User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between the User and Alumnus, the User hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Kwa-Zulu Natal Provincial Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 22 or the Terms and Conditions limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  23. Notices
    1. Alumnus hereby selects Building 2 Glass House Office Park, 309 Umhlanga Rocks Drive, La Lucia Ridge, Kwa-Zulu Natal, 4051, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Alumnus may change this address from time to time by updating these Terms and Conditions.
    2. Alumnus may give notice by means of a general notice on the Platform and/or Services, electronic mail to the User’s email address in the User’s Account, or by written communication sent to the User’s address as set forth in the User’s Account.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
    4. by hand will be deemed to have been received on the date of delivery;
    5. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    6. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
    7. by email will be deemed to have been on the date indicated in the “Read Receipt” notification.ALL EMAIL COMMUNICATIONS BETWEEN ALUMNUS AND USERS MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  24. Information
    1. For the purposes of the ECT Act, Alumnus’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Platform and/or the Services:
      1. Full name: AlumnusOnline NPC, a non-profit company registered in South Africa with registration number 2017/464348/08.
      2. Main business: Donation Facilitator
      3. Physical address for receipt of legal service (also postal and street address): Building 2 Glass House Office Park, 309 Umhlanga Rocks Drive, La Lucia Ridge, Kwa-Zulu Natal, 4051 (marked for attention: CEO and Legal)
      4. Email address: info@alumnusonline.com
  25. General
    1. The User may not cede, assign or otherwise transfer the User’s rights and obligations in terms of these Terms and Conditions to any third party.
    2. Any failure on the part of the User or Alumnus to enforce any right in terms hereof shall not constitute a waiver of that right.
    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect
    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the Parties hereto.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between the User and Alumnus and no other warranty or undertaking is valid, unless contained in this document between the Parties.