Legal notice

1. Introduction

  • The purpose of the website is to provide general information about the owner and its services, and this document states the terms and conditions under which you are authorized to use the website. The information contained in this website is not intended to constitute professional advice, financial, legal or any other form of advice or services.  The owner reserves the right, at any time, to modify these terms and conditions.
  • By accessing and using the website you agree to be bound by these terms and conditions that are set out herein and that your use for this website is for lawful purposes only. If you do not wish to be bound by these terms and conditions, then you may not access, use, display, sell, reproduce, publish, download and/or otherwise copy or distribute any of the contents of this website for any purposes whatsoever without the express consent of the owner.

2. Governing Law

This website is controlled, operated and administered by the owner from its offices within the Republic of South Africa.  Therefore, these terms and conditions are governed and construed in accordance with the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute, which will be conducted in English.

3. Use of the website content

  • The owner authorizes you to view, download, print the materials on this website, solely for personal, private, educational, research and for non-commercial purposes. The use or misuse of any of the contents of this website, except as provided in these terms and conditions are strictly prohibited.
  • The users are prohibited from violating or attempting to violate the security of the website, including without limitation, accessing data not intended for such user, or logging into a server, attempting to probe, scan or test the vulnerability of a system or network, attempting to interfere with host or network, by means of virus or flooding, sending unsolicited electronic mails, including promotions, marketing, and advertising of services. The unlawful use and violations of the systems and network security may result in civil or criminal liability.
  • The user may not use the website in order to transmit, distribute, store or destroy material that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation or in a manner that will infringe the copy copyright, trademark, trade secret, privacy or that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
  • The users of or visitors to, this website may not post comments, statement or other materials onto the website that may be defamatory, obscene, libellous or that may infringe on the copyright, trademarks or any other intellectual property rights.  Any such unlawful posting shall immediately be removed from the website without notice or warning.
  • The users of or visitors to this website are encouraged to report to the owner any information displayed on this website which is defamatory, illegal, untrue, inaccurate, infringing or harmful and the owner undertakes to rectify and remove any such information or part thereof provided the person reporting has given valid grounds for such allegation regarding the content of the website.
  • The information contained on the website and the services provided via the Website is provided by the owner and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies.
  • The user is permitted to use the website for lawful purposes only. Unauthorised use of the website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of the owner or third parties, which is unlawful, defamatory or otherwise objectionable or offensive in the discretion of the owner. Unauthorised use of this website may give rise to the owner instituting a claim for damages against you and/or you may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.
  • From time to time this website may include links to other websites. These links are provided for convenience for the purposes of providing further information.  Such links do not signify that the owner endorses the website(s) linked to.  You agree that the owner shall have no responsibility or bear no liability in relation to the content of the linked website(s).

4. Donations

  • You warrant that all donations made by you are made freely and voluntarily, with the express understanding that no duties and/or obligations will arise on behalf of the owner.
  • The owner warrants that any donations received by you, will go towards the cause specified by you. In the event that no cause is specified the owner will have the sole discretion in determining which of their causes to donate the money to the owner does warrant that should this situation arise the money will be donated to one of their causes.
  • You may affect payment pertaining to your donation payable via Credit Card. Payments made via credit card will be accepted via the facility of PayFast.
  • All payments will reflect into the owner’s bank account in South African Rand (ZAR).
  • The owner places reliance on the security protocols affected by their payment facility suppliers. Further information regarding the security protocols implemented by the service providers is available at: PayFast – http://www.payfast.co.za/c/std/credit-cards-buyer
  • You agree to indemnify the owner, its officers, trustees, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of any security breaches which are attributable to you, third parties or our payment facility suppliers.
  • The user authorises the owner or their authorised agents to charge the credit card submitted by the user as the manner/mode of payment for the services described herein. The User warrants that the customer is the authorised user of such credit card. The owner agrees to take all reasonable precautions to secure the processing of the member’s credit card. You agree to indemnify the owner, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, damages, actions and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of any security breaches which are attributable to you, or third parties.

5. Intellectual property rights

  • The content of this website and all intellectual property, including but not limited to text, designs, all trademarks, drawings, graphics, logos, images, video, patents, cinematographic films, source codes, database and software are the property of owner and may not be used, reproduced, adapted, distributed, sold, published, stored, broadcast, modified, transmitted or recorded in any way and for any purposes without prior written consent of the owner.
  • Any unauthorized use, reproduction, storage, sale, transmission, adaptation, publication, distribution, modification, recording or broadcasting of the content of this website or any part thereof, will constitute copy right infringement in terms of South African and international copyright laws.

6. Disclosure in terms of section 43 of the Electronic Communications and Transactions Act

The full name and legal status of the website owner is:

  • THE LOVE TRUST, a registered NPO.
  • The full address of the website owner is set out herein below:
    • Registered business and postal address for receipt of legal service:

c/o 9th and 11th Roads

Erand

Midrand

1685

PO Box 6365

Halfway House

1686

  • Telephone number: (011) 318 2481;
  • The website address is: www.lovetrust.co.za
  • The main business is educational services

7. Accuracy of information

While every effort is made to ensure that the information provided on the website is current and accurate, the owner makes no warranties or representations about the accuracy, reliability and completeness of this website content.  Accordingly, you should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website.  The use of this website is at the user’s own risk.

8. Privacy

  • The owner respects the privacy of all users and visitors to this website and will take reasonable steps to protect the user’s privacy.
  • The website is not designed for or directed at children under the age of 18 years. It is the owner’s policy not to knowingly collect or maintain information of persons under the age of 18. When posting any information to this website you agree that you are aged 18 years or older.
  • By using this website, the user consents to the following:
    • The owner may disclose user’s information to entities with which the owner has a business relationship for commercial reasons;
    • The owner may use user’s information for non-personal statistical purposes;
    • The owner retains the copyright in database of personal information of the user; and
    • The owner may use personal information to communicate with the user from time to time.
  • The owner reserves the right to amend its privacy policy at any time.
  • You agree not to collect or use any Personal Information of users of the website and/or members of the owner for the purposes of transmitting and/or facilitating in the transmission of unsolicited commercial communications (“SPAM”).

9. Indemnity and limitation of liability

  • By using this website, you agree to defend, indemnify, and hold harmless the owner, its officers, directors, shareholders, employees, licensor, suppliers, agents, partners and affiliates form and against any and all losses, damages, claims, costs and expenses (including reasonable legal and accounting fees) of any nature incurred by whomsoever and resulting from the use, access, in ability to access, any linked website or any functionality or version of these terms and conditions.
  • The owner, to the fullest extent permitted by the law, disclaims all warranties, including warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for a purpose. Under no circumstance shall the owner, its suppliers or any third parties mentioned on this website be liable for any damages whatsoever (including without limitations, incidental and consequential damages, loss of profits or damages arising from the use or inability to use the website and the material, whether based on warranty, contract, delict or any other legal theory, and whether or not the owner is advised of the possibility of such damages.
  • If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.

10. Comments, feedback and other submissions

  • All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offer to the owner on or by this website or otherwise submitted or disclosed or offered in connection with use of this website shall be and remain the owner’s property. Such disclosure, submission or offer shall constitute an assignment rights, titles and interest in all copyrights and other intellectual property rights in the comments and the right to use the users name along with such comments, without restrictions and without compensation in any way.
  • The owner shall be under no obligation to maintain the comments in confidence or to pay any compensation for any comments or respond to comments.
  • The user agrees that any comments submitted to this website will not violate these terms and conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights that will cause injury to any person or entity.

11. Cookies

A cookie is small piece of data that a website can store on the user’s browser and later retrieve.  Cookies collect non-personal information for business and marketing purposes.  The cookies help the owner to provide a more valuable online experience to the users.  The user may set up a browser to disable cookies, however, this might cause certain features of the website to be inaccessible.

12. Links to other websites

This website may contain links to third party websites.  These links are provided solely as a convenience to the user and not as an endorsement by the owner of the contents on such third-party websites.  The owner shall not be liable in any manner whatsoever for the content of linked third party websites regarding the access to, inability to access, use or the accuracy of the content. The user access to linked third party websites will be at his or her own risk.

13. Security

  • The owner will take all reasonable measures to secure and prevent the content of this website and the user’s information. The owner does not make any warranties or representation the website contents shall be 100% safe or secure.
  • The user undertakes not to divulge their username and password to any other person.
  • No person, business or entity can gain or attempt to gain unauthorized access to any page on the website or to deliver any unauthorized, damaging or malicious code to this website, and such person shall be criminally liable for such conduct.

14. Agreement in terms of Section 21 of the Electronic Communications and Transaction Act

  • No information or data displayed on this website constitute an offer, but merely an invitation to do business.
  • Data messages, such as e-mails, addressed to the owner are only deemed to be received by the owner once they have been responded to and such reply does not auto-reply.
  • Data message to this website created and sent by the user shall conclude no agreement.

15. General

  • These terms and conditions hereto constitute the whole agreement between the owner and the user in respect of the use of the website. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in force and effect.
  • No waiver of any term shall be deemed to be a further and continuing waiver of such term or any other term.