Terms of service

BEKIND Charity Application Form – Terms & Conditions

 

1.          Introduction and Purpose

1.1.             The BEKIND platform is an initiative aimed at connecting individuals and businesses with charitable organisations that are making a meaningful impact within their communities.

1.2.             The purpose of the platform is to provide a centralised space where users can discover and engage with organisations aligned with the values of kindness, transparency and positive social impact.

1.3.             Submission of this application constitutes a request by the organisation to be considered for inclusion on the BEKIND platform.

1.4.             Approval of any application is not automatic. BEKIND retains the right, in its sole discretion, to approve or decline any application for listing on the platform.

 

2.          Eligibility

2.1.             In order to be considered for listing on the BEKIND platform, the organisation must:

2.1.1.                operate lawfully and in compliance with all applicable laws and regulations within its jurisdiction of operation;

2.1.2.                be duly registered as a non-profit organisation, non-profit company, trust or similar entity, where registration is applicable, or alternatively disclose its legal status where it is not formally registered;

2.1.3.                ensure that all information provided in the application is true, accurate, complete and not misleading in any respect.

2.2.             BEKIND reserves the right to request supporting documentation or additional information to verify compliance with the above requirements.

2.3.             BEKIND reserves the right to request supporting documentation or additional information at any time in order to verify compliance with this clause.

2.4.             Any misrepresentation, omission of material information, or failure to comply with this clause shall constitute grounds for the immediate rejection of the application or removal of the organisation from the BEKIND platform, at BEKIND’s sole discretion.

 

3.          Application Process

3.1.             Submission of an application to BEKIND constitutes a request to be considered for inclusion in the BEKIND directory and does not guarantee approval or listing.

3.2.             BEKIND may, in its discretion:

3.2.1.                request additional information or supporting documentation from the organisation; and

3.2.2.                conduct basic verification checks in relation to the information provided.

3.3.             The organisation undertakes to cooperate fully and timeously with any requests made by BEKIND in terms of clause 3.2.

3.4.             BEKIND retains the sole and absolute discretion to approve or reject any application for inclusion in the directory, and shall not be obliged to provide reasons for its decision.

 

4.          Information Accuracy and Warranties

4.1.             The organisation warrants and represents that:

4.1.1.                all information submitted to BEKIND is true, accurate, complete and not misleading in any respect;

4.1.2.                it has the necessary authority and rights to provide such information and to submit the application;

4.1.3.                any content, including images, logos or other materials provided, does not infringe the rights of any third party;

4.1.4.                it will promptly notify BEKIND of any material change to the information provided, including changes to its legal status, operations or contact details.

4.2.             The organisation acknowledges that BEKIND relies on the accuracy of the information provided for purposes of inclusion in the directory.

4.3.             Any breach of this clause, including any misrepresentation, omission of material information or failure to update information as required, shall constitute grounds for the immediate rejection of the application or removal of the organisation from the BEKIND directory, at BEKIND’s sole discretion.

 

5.          Use of Information (Licence)

5.1.             The organisation grants to BEKIND a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish the information and content provided in the application, including but not limited to its name, logo, images and descriptive content, for purposes of:

5.1.1.                listing the organisation on the BEKIND directory; and

5.1.2.                promoting the BEKIND platform across its website, digital channels and marketing materials.

5.2.             BEKIND shall be entitled to edit, format and adapt the content provided for purposes of consistency, presentation and alignment with the BEKIND platform, provided that such edits do not materially misrepresent the organisation.

5.3.             The organisation warrants that it owns, or has obtained all necessary rights, licences and permissions to use and provide the content submitted to BEKIND, and that such content does not infringe the intellectual property or other rights of any third party.

5.4.             The licence granted in terms of this clause shall endure for so long as the organisation is listed on the BEKIND directory, and for a reasonable period thereafter for archival and marketing purposes.

 

6.          Vetting and Approval Disclaimer

6.1.             The organisation acknowledges that BEKIND conducts a basic, high-level vetting process for purposes of maintaining the integrity of the directory.

6.2.             Such vetting is limited in nature and does not constitute any form of audit, due diligence, verification or ongoing monitoring of the organisation.

6.3.             BEKIND does not warrant, represent or guarantee:

6.3.1.                the financial position, funding or financial management of the organisation;

6.3.2.                the governance, structure or compliance status of the organisation;

6.3.3.                the accuracy of any information provided by the organisation; or

6.3.4.                the activities, operations or impact of the organisation.

6.4.             Inclusion in the BEKIND directory does not constitute an endorsement, certification or recommendation of the organisation by BEKIND.

6.5.             Any reliance placed on the organisation or its activities by third parties is done at their own risk.

 

7.          No Endorsement

7.1.             Inclusion of an organisation in the BEKIND directory does not constitute an endorsement, recommendation, sponsorship or partnership by BEKIND.

7.2.             BEKIND acts solely as an independent directory platform and does not assume any role in the management, operation or activities of any organisation listed on the platform.

7.3.             BEKIND does not act as, and nothing in these Terms shall be construed as creating, any relationship of:

7.3.1.                agency;

7.3.2.                representation; or

7.3.3.                fiduciary duty,

between BEKIND and any organisation listed on the directory.

7.4.              =No joint venture, partnership or employment relationship is created between BEKIND and the organisation by virtue of its inclusion on the platform.

 

8.          Donations and Third-Party Interaction

8.1.             Any donations, contributions or support provided to an organisation listed on the BEKIND directory are made directly between the donor and the organisation.

8.2.             BEKIND does not collect, receive, hold, administer or manage any donations or funds on behalf of any organisation.

8.3.             BEKIND is not a party to, and shall have no responsibility or liability in respect of, any transaction, donation or interaction between a donor and an organisation.

8.4.             The organisation bears sole responsibility for:

8.4.1.                the receipt, management and use of any donations or contributions; and

8.4.2.                compliance with all applicable laws and obligations relating to fundraising and the use of such funds.

8.5.             BEKIND shall not be liable for any loss, damage, claim or dispute arising from or in connection with any donation or interaction between a donor and an organisation.

 

9.          Ongoing Obligations of the Organisation

9.1.             The organisation undertakes that, for so long as it is listed on the BEKIND directory, it shall:

9.1.1.                conduct its operations lawfully and in compliance with all applicable laws and regulations;

9.1.2.                conduct its activities in an ethical manner consistent with the values of BEKIND, including principles of kindness, transparency and meaningful impact;

9.1.3.                ensure that all information displayed on the BEKIND directory in relation to the organisation remains accurate, current and not misleading;

9.1.4.                promptly update BEKIND of any material changes to its operations, contact details, legal status or any information previously provided.

9.2.             The organisation acknowledges that failure to comply with this clause may result in the suspension or removal of its listing from the BEKIND directory.

 

10.       Right to Remove or Suspend

10.1.           BEKIND reserves the right, at its sole discretion, to suspend or remove an organisation from the BEKIND directory at any time.

10.2.           Without limiting the generality of clause 10.1, BEKIND may suspend or remove a listing where:

10.2.1.             the organisation breaches any provision of these Terms;

10.2.2.             BEKIND reasonably considers that the organisation poses a reputational risk to the BEKIND platform;

10.2.3.             any complaints, concerns or adverse information are received in relation to the organisation; or

10.2.4.             BEKIND determines that continued listing is no longer appropriate.

10.3.           BEKIND shall not be obliged to provide reasons for any decision to suspend or remove an organisation from the directory.

10.4.           The organisation shall have no claim against BEKIND arising from any suspension or removal effected in terms of this clause.

 

11.       Indemnity

11.1.           The organisation indemnifies and holds harmless BEKIND, its directors, employees and representatives from and against any and all claims, demands, actions, damages, losses, liabilities, costs and expenses (including legal costs on an attorney and own client scale) arising from or in connection with:

11.1.1.             any incorrect, incomplete or misleading information provided by the organisation;

11.1.2.             the receipt, management or use of any donations, contributions or funds by the organisation;

11.1.3.             any unlawful, negligent or wrongful act or omission by the organisation, its employees, representatives or affiliates;

11.1.4.             any breach by the organisation of these Terms.

11.2.           The indemnity in this clause shall apply irrespective of whether such claim arises directly or indirectly and shall survive the termination or removal of the organisation from the BEKIND directory.

 

12.       Limitation of Liability

12.1.            To the fullest extent permitted by law, BEKIND shall not be liable for any loss, damage, claim or expense of whatsoever nature arising from or in connection with:

12.1.1.              any loss of donations, funding or financial contributions;

12.1.2.              any reputational harm or loss suffered by the organisation;

12.1.3.              any indirect, consequential, incidental or special damages, including but not limited to loss of profit, loss of opportunity or loss of goodwill.

12.2.                   BEKIND shall not be liable for any loss or damage arising from:

12.2.1.              reliance on any information provided by the organisation; or

12.3.            any interaction, transaction or engagement between the organisation and any third party.

12.4.            Nothing in these Terms shall exclude or limit any liability which cannot lawfully be excluded or limited in terms of applicable law.

 

13.       Confidentiality

13.1.           BEKIND shall treat all information submitted by the organisation in the application as confidential and shall not disclose such information to any third party without the organisation’s consent.

13.2.           Notwithstanding clause 13.1, BEKIND shall be entitled to disclose or use such information:

13.2.1.             to the extent necessary to publish the organisation’s profile on the BEKIND directory and related platforms; or

13.2.2.             where such disclosure is required by law, regulation or court order.

13.3.           The organisation acknowledges and agrees that any information approved for publication as part of its listing shall not be regarded as confidential.

 

14.       Intellectual Property

14.1.           All intellectual property rights in and to the BEKIND platform, including its content, design, branding, trademarks and underlying systems, shall remain the sole property of BEKIND or its licensors.

14.2.           Nothing in these Terms shall be construed as granting the organisation any rights, title or interest in or to the BEKIND platform, save for the limited right to be listed on the directory in accordance with these Terms.

14.3.           The organisation shall not use the BEKIND name, branding, trademarks or any associated materials without BEKIND’s prior written consent, except to the extent expressly permitted by BEKIND.

 

15.       Amendments

15.1.           BEKIND reserves the right to amend or update these Terms at any time.

15.2.           Any such amendments shall take effect upon publication on the BEKIND platform or upon notification to the organisation, whichever occurs first.

15.3.           The organisation’s continued listing on the BEKIND directory following any amendment shall constitute acceptance of the updated Terms.

 

16.       Governing Law and Jurisdiction

16.1.           These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

16.2.           The parties consent to the jurisdiction of the High Court of South Africa in respect of any dispute arising from or in connection with these Terms.

16.3.           Notwithstanding clause 16.2, BEKIND shall be entitled, at its election, to institute proceedings in any court of competent jurisdiction.

 

17.       Protection of Personal Information

17.1.           BEKIND shall process any personal information provided by the organisation in accordance with applicable data protection laws, including the Protection of Personal Information Act.

17.2.           The organisation acknowledges and consents to BEKIND collecting, storing, using and processing personal information for purposes of:

17.2.1.             evaluating the application;

17.2.2.             creating and maintaining the organisation’s profile on the BEKIND directory; and

17.2.3.             communicating with the organisation in relation to the platform.

17.3.           The organisation warrants that it has obtained all necessary consents from any data subjects whose personal information is provided to BEKIND.

17.4.           BEKIND shall take appropriate, reasonable technical and organisational measures to protect personal information against loss, unauthorised access, or unlawful processing.

17.5.           To the extent that any personal information is made publicly available as part of the organisation’s listing, the organisation consents to such publication.