1. Definitions

In these terms and conditions, the following capitalised words shall have the following meanings:

“Content” means all material including, without limitation, text, video, graphics and audio, published on the Website, whether copyright of Corruption Watch or a third party;

“Intellectual Property Rights” means all patents, designs rights, trade marks, trade and business names and all associated goodwill, rights to sue for passing off, copyright, moral rights and related rights, rights in databases, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;

“Corruption Watch” means the Corruption Watch (RF) NPC.

“Website” means this website.

2. Accessing this site

1. By using the Website you agree to be legally bound by these terms and conditions, which shall take effect from your first use of the Website. If these terms and conditions are not accepted in full, the use of the Website must be terminated immediately.
2. Corruption Watch reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of the Website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended. You agree to review this agreement periodically to ensure you are aware of any changes.
3. Corruption Watch reserves the right to withdraw or amend the service it provides on the Website without notice and will not be liable if for any reason the Website is unavailable at any time or for any period.
4. From time to time, Corruption Watch may restrict access to some parts of the Website, or the entire Website, to users who have registered.
5. If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Corruption Watch reserves the right to disable any user identification code or password, whether chosen by or allocated to you, at any time, if, in the reasonable opinion of Corruption Watch, you have failed to comply with any of the provisions of these terms and conditions.
6. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
7. Corruption Watch does not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.
8. Corruption Watch does not warrant that functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available on the internet are virus-free.
9. No data transmission over the internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or submitted through the Website is at your own risk.
10. The Website is provided “as is” without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11. You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else’s use and enjoyment of, the Website.

3. Whistle-blowing

Before you use this website, you should be aware of your rights and responsibilities regarding whistle-blowing. A guide to the Protected Disclosures Act (the “Whistle-blowing” Act) is available at http://www.psc.gov.za/documents/docs/guidelines/PSC_odac_update.pdf . A guide in relation to whistle

4. Intellectual Property Rights

Unless specifically excluded, all intellectual property rights existing in and attaching to this website, including Corruption Watch’s brand and logo, are the property of Corruption Watch, and may not be reproduced or otherwise used without the express written consent of Corruption Watch.

1. All Content on the Website is the copyright of Corruption Watch or third parties.
2. You may copy, reproduce, republish, download, post, broadcast, transmit or otherwise use both current and future Content of the Website for personal, non-commercial, and educational or informational purposes only. Corruption Watch grants the user permission to copy and distribute information on the Website provided that it notifies the organisation of such use and provided that the source of the information is acknowledged by reference to the source. The Website and Content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial purpose without the express, prior written consent of Corruption Watch.
3. The status of Corruption Watch (and that of any identified contributors) as the authors of any Content must always be acknowledged.
4. If you copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Content in breach of these terms and conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. The names, images and logos identifying Corruption Watch or any other third parties referred to on the Website and their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms and conditions shall be construed as conferring any licence or right to use any trademark, design right or copyright of Corruption Watch or any other third party.

5. Reliance on information posted

1. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. Corruption Watch therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
2. Corruption Watch updates the Website regularly, and may change the Content at any time. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such material.

6. Our Liability

1. Corruption Watch will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website.
2. Nothing in these terms and conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. Privacy Policy

1. We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. Please read the Privacy Policy of Corruption Watch in conjunction with the Terms and Conditions.

8. Uploading material to the Website

1. Where you are invited to submit any contribution to the Website (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Corruption Watch a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Corruption Watch’s privacy policy. If you do not want to grant to Corruption Watch the rights set out above, please do not submit your contribution.
2. Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact Corruption Watch: supporter.care@corruptionwatch.org.za
3. When you provide your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate.
4. Corruption Watch will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
5. Corruption Watch has the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with these terms and conditions.

9. Viruses, hacking and other offences

8. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
9. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
10. You must not attack the Website via denial-of-service attach or a distributed denial-of-service attack.
11. If you breach any of paragraphs 9(a)-(c) above, you will be committing a criminal offence under the Computer Misuse Act 1990. Corruption Watch will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
12. Corruption Watch will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or any website linked to the Website.

10. Linking to the Website

1. You may link to the Website, provided you do so in a way that is fair and legal and does not damage the reputation of Corruption Watch or take advantage of it either commercially and non-commercially. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Corruption Watch where none exists.
2. You will remove any such link immediately if requested by Corruption Watch.

11. Links from our Website

1. The Website may contain links to other websites. These links are provided for your convenience and Corruption Watch has no control over such websites, nor is it responsible for their content. Corruption Watch’s Privacy Policy does not extend to any websites that can be accessed from http://www.corruptonwatch.org.za or any related websites within the domain of http://www.corruptonwatch.org.za. The inclusion of these links on the Website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated. Corruption Watch cannot guarantee the security of these sites, the operation of the links or that they will be virus- free.
2. Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies. Corruption Watch accepts no responsibility for any loss or damage that may result from your use of any third party websites.

12. Online donations

1. Acceptance of online donations
   Corruption Watch accepts online donations via its website using an online donation form. Donors can make a single, monthly or annual donation to Corruption Watch.
2. Donation Policy
   All donations made to Corruption Watch underlie the Corruption Watch Donation Policy.
3. Refusal of donations
   Corruption Watch reserves the right to refuse donations and reimburse the donor should it be found that the source of the money is not in alignment with our Donor Policy and contradicts the values that Corruption Watch as an accredited Transparency International chapter stands for.
4. Cancellation of donation
   Donors can cancel their monthly or annual donation at any time via email or telephone (email: – supportercare@corruptionwatch.org.za or phone: – 011 – 242 39 00). Please note that Corruption Watch cannot refund any donations that have already been processed for past months or years.
5. Donor Privacy policy
   Corruption Watch shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
6. Payment options accepted
   Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Corruption Watch bank account, the details of which will be provided on request
7. Credit card acquiring and security
   Credit card transactions will be acquired for Corruption Watch via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.
   PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details
   Customer details will be stored by Corruption Watch separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
9. Merchant Outlet country and transaction currency
   The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility
    Corruption Watch takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11. Tax receipt
    Corruption Watch issues electronic tax receipts (Section 18A certificates) at the beginning of each year. Donations with a total donation amount of R100 or more per year are eligible for a tax receipt.

13. Jurisdiction and applicable law

1. The terms and use of the Website shall be governed by the laws of South Africa shall be subject to the exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these terms and conditions on your country of residence or any other relevant country.
2. If there is any conflict between these terms and conditions and any rules and/or specific terms of use appearing on specific sections of the Website, then the latter shall prevail.

 

Your Concerns:

If you have any concerns about material which appears the Website, please contact:

Corruption Watch Supporter Care on:
email: supporter.care@corruptionwatch.org.za
phone: 011 – 242 39 00

(last updated: September 2016)