TERMS AND CONDITIONS FOR USE OF OOKA.CO.ZA (“Ooka”)
WEB SITE AND DIGITAL SERVICES OFFERED BY GREEN CITY SOLUTIONS (PTY) LTD (the
About Ooka and its
purpose. Ooka is business in the crowdfunding
industry that funds user projects. Please
read the Ooka terms and conditions for use carefully as these are legally
binding and effective upon use of the Website and/or any service of the Company
in any manner and supersede any other representations whatsoever.
General. By agreeing to these terms and
conditions you appoint us as your agent to conclude a separate and direct
agreement between you and each project you support. Ooka may in its sole discretion amend these
and conditions. By agreeing to these terms and conditions you also agree to the
way we use and protect your personal information.
Transacting Parties. Payment may be made in South African Rand via
Visa, MasterCard _________ etc, or by electronic funds transfer, into the Ooka Bank account. The details will be provided where
applicable. No card details will be
stored on the website. All transactions
will be made through Ooka approved payment gateways.
The promotion of projects, services and/or products on the website shall
not be construed as an endorsement thereof.
All users should be aware that any funds given in respect of any
projects will be unsecured and therefore come with significant risk of loss and
non-recovery. Risk in the projects,
service and/or products shall pass to you on purchase and delivery, where
Best Effort, No Warranty. While we
will make our best efforts to provide the Ooka
website and service to you. We make no representations and cannot provide a
warranty that each project, service and/or product meets your needs as Ooka is
in no way responsible for and does not control these. Ooka will however advise
on all aspects relating to projects, services and/or products on this website
including user service, support, dispute resolutions, benefits and rewards
availability and receipt of payment.
Delivery will be confirmed via email.
The delivery times quoted on our website
or emails are estimates only. Deliveries can only be made to addresses within
South Africa. We aim to achieve world class service
and to deliver to you as quickly as possible. However, we are not responsible
for delays due to issues with your payment, inaccuracies in the information you
have provided us, strikes, acts of god, supplier non-fulfilment and delays and
other issues beyond our control.
. The provision of goods and services by Ooka is
subject to availability. In cases of unavailability, Ooka will refund the customer in full credit, within 30 days.
Cancellation of orders by the customer will attract an ___ administration fee. The rights
granted under this clause are in addition to the rights you have under consumer
protection legislation applicable to your purchase.
information. By using this website
and/or Company services you give us permission to collect and retain certain
information from you on the website for the purpose of facilitating sales and
conducting marketing activities. We do
not store your credit card details. We
will only collect, process, use and/or disclose your personal information with
your express written permission, unless otherwise required by law. We take all reasonable precautions to protect
your personal information however we cannot guarantee the safety of our
database nor the transmission of information.
All rights reserved. Ooka reserves all our statutory, common law and other rights in
providing this service to you. Furthermore, we disclaim all liability in cases
where you provide inaccurate, misleading or false information to us or in
relation to any project and/or service and/or misuse of your personal
information by unauthorised third parties.
Liability. To The extent permissible by applicable law, Ooka and the Company shall
not be liable to you or any other party for any consequential, direct or
indirect loss or damage, arising out of or in connection with the Ooka terms
and conditions or your use of this website in any manner whatsoever however
caused whether foreseeable or not.
. All materials on this website are owned by
and subject to the copyright of Ooka, affiliated projects or third
parties. No part of this website, including
information, images, photos, logos, names or icons may be copied, republished,
posted, or reproduced in any form whatsoever without the prior written
permission of the copyright holder. You are, however, permitted to access, copy
and reproduce materials for your personal non-commercial use only. You retain copyright and any other rights you
already hold in content which you submit, post or display on or through this
website. By submitting, posting or displaying the content you give Ooka a
continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to
reproduce, adapt, modify, publicly display and distribute any content which you
submit to the website, unless otherwise agreed in writing between you and Ooka.
12. Severability. If any of these
terms and conditions is by law deemed to be invalid, void, or for any reason
unenforceable to any extent, that term, condition or provision will be deemed
severable from the remaining terms and conditions and will not affect the
validity and enforceability thereof.
13. Governing Law. This website is governed by the laws of South Africa. The courts of South Africa will have
exclusive jurisdiction to settle any dispute arising out of these terms and
conditions. All provisions of these terms and conditions which
either expressly or impliedly survive termination or expiry shall survive
termination or expiry, including but not limited to terms and conditions
regarding warranty disclaimers, indemnities and limitations of liability. Ooka’s chosen domicilium citandi et executandi for all
communication and notices, are those as set out in these terms and
14. Force Majeure. Ooka shall not be liable for
failure to comply with the Ooka terms and conditions owing to any act beyond
its control including but not limited to natural disasters, Acts of God, riots,
civil commotion, strikes, shortage of supplies, lock outs, industrial action,
war, disease or fire.
15. The Company. Ooka is run by Green City Solutions (Pty) Ltd, Registration Number:
_____________, its principal place of business is set out below.
16. Communication with us. If you would like
to contact us, please do so first by email to email@example.com
OOKA TERMS AND CONDITIONS WITH REGARD TO ALL PROJECTS
shall be your duly appointed agent to conclude a direct and separate agreement
between you and a project you choose to enter into and/or support.
18. You agree
to use this website only for lawful purposes and in a manner which does not
infringe the rights or restrict or inhibit the use and enjoyment of the site by
any third party.
19. You must
ensure that all information supplied by you is true, accurate, and up-to-date
at all times. You are solely responsible for any information submitted by you
to this website. You hereby agree that any content posted by you on the website
will not be misleading, illegal, be defamatory, abusive or offensive, infringe
the copyright, privacy, confidentiality or other right of any third party,
contain software viruses or any other computer code, files or programs designed
to affect the use of any computer software or hardware or telecommunications
network and/or bring Ooka or the Ooka website into disrepute.
20. By using
the website and/or Company services all users agree to:
under any circumstances seek to undermine the security of the website or obtain
any information available through it without authorisation.
Ooka and keep us indemnified against all costs, expenses, claims, losses,
liabilities or proceedings arising from misuse by you of this website.
that all persons accessing this website through your internet connection are
aware of these terms and conditions and that they comply with them.
21. Ooka reserves
the right to:
21.1. to not
accept projects that we, in our sole discretion, feel are unsuitable for the website;
any of the above mentioned terms and conditions in a specific instance and such
waiver shall not be construed by any party as a general waiver of any term and condition
herein and such waiver shall further not amend these terms and conditions and
Ooka shall not be bound by any other party whatsoever to such waiver;
suspend, withdraw or discontinue, temporarily or permanently a project,
service, and/or product in whole or in part at any time whatsoever without notice;
additional terms and conditions to specific projects, services and/or products.
user accounts and access, Ooka:
the right to terminate a project and refund all associated funds from
supporters at any time for any reason without notice;
terminate your access to all or any part of this website at any time for any
reason without notice, and may change, suspend or discontinue all or any part
of its online services at any time without notice.
22.3. on termination or suspension of access to your account your
funds will be refunded within 30 (thirty) days.
This may be subject to change in cases of breach due to, or suspicion
of, criminal activity. Funds given to
projects will remain with the project which will have an ongoing duty give you
directly the rewards and/or benefits related to that project.
the right to suspend accounts with no transaction history for a continuous
period of two (2) years. We will make best efforts to contact you on the
details provided on your user profile. If
the account remains inactive within
thirty (30) days after the notification email is sent, it will be
suspended. The account holder will forfeit sums held in the account and they
will be non-refundable.
23. All projects,
services and/or products providers are fully responsible for the accuracy of
the information disclosed on this website in relation to projects, services
and/or products and it is your sole responsibility to verify the
information. All liability for loss or
damage of any kind and all representations, warranties and conditions relating
to this website however arising and your use of it are hereby excluded to the
maximum extent permitted by law.
NOTE: CONFIRM HOW CROWDFUNDING PROCESS WILL WORK WITH OOKA.]
IE: Projects will only receive funds once their target
milestone has been achieved and the project closes. Should the project target
not be reached, all supporters of the project shall be reimbursed, less banking
rewards and/or benefits are supplied by the supplier directly and Ooka has no
role or control in the transfer and/or suitability thereof. No representations or warranties are made by
Ooka in this regard.
participating in a project you acknowledge that Ooka is not responsible and
shall bear no liability if for any reason the project fails, whether in whole
or in part, to provide a reward or benefit associated with a project.