TERMS AND CONDITIONS FOR USE OF OOKA.CO.ZA (“Ooka”) WEB SITE AND DIGITAL SERVICES OFFERED BY GREEN CITY SOLUTIONS (PTY) LTD (the “Company”).

 

1.     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.

 

2.     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 terms and conditions or any part thereof and any time without notice.  Our Privacy Policy also forms part of these terms and conditions. By agreeing to these terms and conditions you also agree to the way we use and protect your personal information.

 

3.     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. 

 

4.     Risk.  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 applicable.

 

5.     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 where applicable.

 

6.     Delivery Policy.  Subject to 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. 

 

7.     Return and Refunds policy.  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.

 

8.     Your personal 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.  For more information please consult our Privacy Policy.

 

9.     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.

 

10.  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.

 

11.  Copyright.  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 conditions. 

 

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 ____@ooka.co.za

Telephone: ____________

Address: ______________.

 

 

 

OOKA TERMS AND CONDITIONS WITH REGARD TO ALL PROJECTS

 

17.  Ooka 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:

 

20.1.   not under any circumstances seek to undermine the security of the website or obtain any information available through it without authorisation.

20.2.   indemnify Ooka and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this website.

20.3.   ensure 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;

21.2.   waive 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;

21.3.   cancel, suspend, withdraw or discontinue, temporarily or permanently a project, service, and/or product in whole or in part at any time whatsoever without notice;

21.4.   apply additional terms and conditions to specific projects, services and/or products.

 

22.  Regarding user accounts and access, Ooka:

 

22.1.   reserves the right to terminate a project and refund all associated funds from supporters at any time for any reason without notice;

22.2.   may 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.

22.4.   reserves 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.

 

24.  [DRAFT 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 charges.

 

25.  Project 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.

 

26.  By 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.

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