Terms of Use

Last updated: Nov 03, 2021

These Terms of Use (hereinafter referred to as “Agreement”, “Terms of Use” or “Terms”) are a legally binding agreement between You either an individual, group or entity (the “User”, “You”, or “Your”) and www.activedonor.com (“ActiveDonor”, “Platform”, “Website”, or “Site”) owned and operated by Active Apps (Pty) Ltd a company registered and operating in accordance with the Laws of the Republic of South Africa from its head office located at Suite 3 534 Peter Mokaba Ridge, Musgrave Durban, KwaZulu-Natal 4091 with company registration number 2017/198108/07 (“Company”, “We”, “Us”, or “Our”).


By using the ActiveDonor Platform, you represent that you have read and agree to be bound by this Agreement, as well as any other guidelines, Privacy Policy referenced herein, collectively referred to as “Terms of Use”.


Please read these Terms of Use carefully. Your access to the ActiveDonor constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not access the ActiveDonor.


1. Eligibility

The ActiveDonor Platform is not designed for use by persons under the age of 18 years. You represent and warrant to the Company that you will use the Platform in a manner consistent with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of an entity or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Use and the Privacy Policy in order to access and use the ActiveDonor Platform.


2. How it works

ActiveDonor is a secure online Platform designed to able non-profit organizations throughout the Republic of South Africa to efficiently manage their donor database, communicate with donors, issue and manage all Section 18A income tax certificates, track projects and fundraising efforts (hereinafter referred to as “Services”).


As a subscribed User of the Platform, you may include or remove Users who can access the Services offered by the Platform.


PLEASE NOTE THAT, THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY OR LEGALITY OF ANY CONTENT ADDED BY ANY USER WHO HAS AUTHORIZED ACCESS TO THE PLATFORM. THE COMPANY IS NEITHER A PARTY TO ANY AGREEMENTS OR TRANSACTIONS BETWEEN THE USERS / DONORS, NOR DO WE ACT AS AN AGENT ON BEHALF OF THE USER. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY USER NOT PERFORMING ITS OBLIGATION TOWARDS OTHER USERS OR DONORS. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION YOU RECEIVE THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Certain areas of the Website (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the Website, the latter terms and conditions will take precedence with respect to your use of or access to that area or Service.


YOU ACKNOWLEDGE AND AGREE THAT, BY SUBSCRIBING TO THE SERVICES OFFERED BY THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT TO USE OUR SERVICES.


Unless explicitly stated otherwise, Our responsibility is limited to facilitating the availability of the online platform.


3. Trial period

The Service is offered to you on an initial 30 day trial basis for free. In order to continue using our service at the end of the 30 day free trial period you will be required to sign up for one of our paid plans as described in more detail under the Payment, Cancellation and Refund Policy below. You understand and accept that the free trial period is offered to you by the Company under this Agreement and by joining the free trial period you agree to abide by all applicable terms of this Agreement. 


4. Payment Policy, Cancellations and Refunds

We currently offer monthly and annual subscription plans to suit your unique business needs. All our plans and accompanying subscription fees are listed on Our Website at www.activedonor.com. If you select a paid plan, you will be charged according to your selected plan when you first register and each month/year thereafter on an automatically recurring basis until you choose to cancel your subscription.


We currently accept payment through secure Payfast payment gateway. Please note that the subscription fee is fully earned on the payment day and We do not offer any pro-rata refunds should you choose to cancel your subscription before the end of your billing cycle.


You may cancel your subscription anytime without incurring any penalties. Should you wish to cancel your subscription you must notify Us via e-mail at info@activedonor.com with the words “Cancellation” in the subject line. You must cancel your plan before the end of the current cycle to avoid billing for the next cycle. Please take note that you can delete your organization’s account and purge all related data at your sole discretion however this is an irreversible action. It is solely your responsibility to ensure that you backup any and all data that you wish to access at a later stage before deleting your account.


In the event We are unable to process your payment to renew your plan for the new billing cycle, We will attempt to contact you. If you fail to make the payment within 72 hours from the time We contact you, We reserve the right to suspend or terminate your account until such time that We receive the full outstanding subscription fee.


We reserves the right to cancel or suspend your access to the ActiveDonor Platform if we find that:

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease Our business operations for any reason.

We handle refund requests on a case by case basis. In the event We in Our sole discretion decide to offer you a full or partial refund, such refund shall be made via the original payment mechanism and to the person who made the original payment. The processing of refund payment may take time. We are unable to offer any assurances regarding the timeliness of refunded amount reaching your account. We may at any time and without prior notice to you modify the mechanism of processing refunds.


We reserve the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms and prices listed on Our Website. In the event of any change in subscription fees that requires you to pay a higher Service fee, than you did in the last billing cycle, We will give you at least thirty (30) days notice before charging the increased subscription fees to your account. Such notice will be deemed to have been given on the date We send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cease using the Platform by cancelling your account.


Subscription upgrades and downgrades
You may upgrade your plan at any time during your current billing cycle and you will be charged an upgrade fee according to your selected plan. You may only downgrade your plan at the end of your current billing cycle before it auto-renews for the next billing cycle.


5. Modification
You understand and agree that the Company may at its sole discretion modify these Terms and/or any Services, at any time without prior notice to you. Such changes shall become effective upon implementation of the new features or introduction/modification of these Terms.

You agree to review the Terms of Use periodically to familiarise yourself with any changes to these Terms. You hereby expressly release the Company from any liability for any loss suffered by you as a result of your failure to review such modified Terms or from the introduction of any changes in features and Platform functionality as may be implemented by the Company.

Unless expressly stated otherwise, any changes to the ActiveDonor Platform implemented after your initial access shall be subject to these Terms.


6. User Conduct

Users shall not use the ActiveDonor Platform in order to transmit, distribute, store or destroy material, including without limitation content provided by the Platform and its affiliate partners: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to Users of the ActiveDonor Platform, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.


Users are prohibited from interfering or attempting to interfere with the security of ActiveDonor Software, which includes but is not limited to:

  • Accessing data which is not intended for you by logging into account which you are not authorized to access;
  • Probing, scanning or testing the vulnerability of Our system;
  • Violations of system security may result in civil or criminal liability for violators.

Specific Restrictions on Rights to Use

  • modify, adapt, translate, or reverse engineer any portion of the Platform and/or Services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform for the purposes of scraping content or to circumvent the technological methods adopted by the Company to prevent such prohibited use;
  • collect any information about other Users (including names, email and phone number) for any purpose other than that specified on the Platform;
  • reformat or frame any portion of the web pages without express written consent of the Company;
  • create user accounts under false or fraudulent pretences;
  • Use the tools made available by the Platform to generate and transmit “spam” to other Users (including ‘Donors’) or otherwise interfere with other Users enjoyment of the Platform;
  • In any way try to misrepresent that any content made available through the Platform is either sponsored or endorsed by the Company;
  • transmit any viruses, defects, trojan horses or other items of a destructive nature;
  • use of the Platform to transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any content offered on the Platform for other than your own use;
  • take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Our IT infrastructure;

7. Remedies

We reserve the right to investigate and prosecute violations of any prohibited behaviour to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to terminating the account of such violators and/or blocking their use of the ActiveDonor Platform.


8. Account Registration and Access

The ActiveDonor Platform is access controlled which means that as a requirement to using the Services offered by the ActiveDonor Platform, you are required to register for any one of the offered plans at www.activedonor.com by providing Us with the required information. You agree that you will provide Us with accurate and current information when registering with the Platform. In the event of any material change in your account details, please amend your details immediately by visiting “My Account” page inside the Platform or alternatively contacting us at info@activedonor.com with the words “Account details” in the subject line.


Your failure to provide Us with correct registration details shall constitute a breach of these Terms of Use. In the event of such breach, We reserve the right to immediately terminate your account. We also reserve the right to refuse registration of a User account in Our sole discretion. As with all access controlled software, the system relies upon Users to protect their login credentials. You accept that you are solely responsible and liable for any activity that occurs on your account and agree that you shall be responsible for maintaining the confidentiality of your Sign in credentials on the ActiveDonor Platform. You agree that you will never use another User’s account without their prior express permission. Furthermore, you agree to immediately notify Us in writing of any unauthorized use and access to your account, or similar security breach of which you become aware of.


We may access your account and any information that you have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.


9. User Generated Content on ActiveDonor Platform

The Platform cannot guarantee the authenticity, accuracy or legality of any content, information or data of any nature whatsoever, which a User may capture or provide through the ActiveDonor Platform (“User Generated Content”). All Users accept and agree that they will not hold the Company liable for any loss or damage suffered by them as a result of reliance upon any such User Generated Content that they received using the Service provided by the Company. User Generated Content includes but is not limited to any section 18A certificates issued, sms or emails received by donors, contact details and receipts captured on the Platform or any information stored or shared through the ActiveDonor Platform.


You hereby accept that you use the ActiveDonor Platform and access any content provided therein at your sole risk and you will be solely responsible and liable for any loss that may arise as a result there-from.

You understand that all information transmitted through any ActiveDonor account is the sole responsibility of the account holder from whom such Content originated; that the ActiveDonor will not be liable for any errors or omissions in any User Generated Content; and that the ActiveDonor cannot guarantee the identity of any other Users with whom you may interact in the course of using the Platform.


10. Intellectual Property Rights

All content on the Platform with the exception of User Generated Content only, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“ActiveDonor Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to ActiveDonor Platform, subject to trademark, copyright and other intellectual property rights under South African and foreign laws and international conventions. ActiveDonor Content is made available to you AS IS for your information and your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, sub-licensed or otherwise exploited for any other purpose or commercial use whatsoever without the prior written consent of the Company. We reserve all rights not expressly granted in and to the ActiveDonor Platform and the ActiveDonor Content. You agree to not engage in the use, copying, or distribution of any of the ActiveDonor Content, other than as expressly permitted herein for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any ActiveDonor Content, or enforce limitations on use of the Platform or the ActiveDonor Content displayed or made available therein. You retain all ownership of your data.


11. Feedback

We welcome your feedback and suggestions about how to improve the ActiveDonor Platform. Feel free to submit feedback to info@activedonor.com. By submitting feedback, You agree to grant Us the right, to use, disclose and otherwise exploit the feedback, in whole or in part, without any restriction or compensation to you.


12. Maintenance

The Company may at its sole discretion and without giving any reason or notice to you, may deactivate or/and suspend your access to the Platform to carry out any one or more of the following: system maintenance, upgrading, testing, repairs, other related work.

Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for:

  • any loss or damage;
  • costs;
  • expense that the User may suffer or incur, as a result of such deactivation; or
  • suspension

13. No Liability for User Conduct

If you enter into correspondence or engage in any transaction, interaction or agreement with any other User, such activity would be solely between you and such other User. The Company will not be liable or have any responsibility for any such activity.


14. Disclaimer

You accept that We have no duty to take any action regarding: the accuracy or correctness of any content you receive through the ActiveDonor Platform, the effects of such content/information has on you; how you may interpret any content or information you send or receive through the Platform; or any actions that you may take after receiving or sending such information/content to any other User of the ActiveDonor Platform.

The Platform does not, screen any Users or confirm their identity. We disclaim all liability for any damages whatsoever, arising out of or relating to the conduct of any User in connection with the ActiveDonor Platform. Please exercise your own judgement whilst providing access to any other Users to use the Platform. You should never divulge your financial information (e.g., credit card or bank account numbers) to any User using any form of digital transmission.

The Platform service, content and add-to link are provided to you “VOETSTOOTS” and “AS AVAILABLE” without any representations or warranties of any kind, express or implied.

The Company, and its directors, employees, agents, representatives, suppliers and partners do not warrant that:

  1. the Service will be uninterrupted, error free or completely secure;
  2. available at any particular time or location;
  3. any defects or errors will be corrected;
  4. any content or software available at or through the ActiveDonor Platform is free of viruses or other harmful components; or
  5. the results of using the Services will meet your requirements.

You accept that your use of the Platform is solely at your own risk.


15. Limitation of Liability

THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

  • ANY LOSS (MONETARY OR PERSONAL) OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR FAILURE TO USE OUR SERVICES. 
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF SERVICES,
  • ANY LOSS (MONETARY OR PERSONAL) CAUSED TO ANY THIRD PARTY AS A RESULT OF ANY USER CONDUCT WHATSOEVER WHETHER ARISING FROM THE USE OF OR FAILURE TO USE OUR SERVICES

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE OUR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS AND/OR THIRD-PARTY INTERACTING OR TRANSACTING WITH OUR USERS. 


YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 


THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN SOUTH AFRICA.


16. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SERVICES, SET ITS SERVICE FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY, DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.


17. Miscellaneous
Assignability – We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to you. However, you shall not assign or transfer any of your rights under this Agreement to any other party, without express written consent from the Company.

Governing Law – This Agreement shall be construed in accordance with the Laws of the Republic of South Africa. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter in the Province of KwaZulu-Natal.

Severability – If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.

Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy.

Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

Entire Agreement – These Terms of Use, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between you and the Company.