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Terms and 
Conditions of Use

Effective date: 01/11/2025

1.1 Acceptance of Terms

By accessing or using our website at https://www.esmeraldamateusfoundation.org (the “Site”) and/or engaging with our services, you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree with any part of these Terms, you must not use the Site or our services.

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1.2 Changes to Terms

We may update these Terms from time to time. The revised version will be effective when posted on the Site. It is your responsibility to check the Site periodically for changes. Continued use after changes means you accept them.

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1.3 Use of the Site

  • You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Site.

  • You may not use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • Unless expressly permitted, you may not reproduce, duplicate, copy, sell, resell or otherwise exploit the Site or any portion thereof for commercial purposes.

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1.4 Intellectual Property

  • Content on the Site (including text, graphics, logos, images, audio, video, software) is our property or licensed to us, and is protected by South African and international copyright, trademark and other intellectual property laws.

  • You are granted a limited, non-exclusive, non-transferable licence to access and view the content for your personal, non-commercial use only, subject to these Terms.

  • You may not reproduce, distribute, modify, publicly display, prepare derivative works of, or otherwise exploit any content on the Site without our prior written consent.

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1.5 Donations, Volunteering & Services

  • If you make a donation or pledge, or volunteer for the Foundation, such engagement is subject to the specific terms we set out at that time.

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1.6 Limitation of Liability

  • To the fullest extent permitted by law, we (including our trustees, volunteers, employees, contractors) disclaim all liability for any direct, indirect, incidental, special or consequential loss or damage of whatever kind arising out of or in connection with:

    • your use of, reliance on, or inability to use the Site or any content;

    • any interaction with our services, programmes, or initiatives;

    • any errors or omissions in the content.

  • This limitation of liability does not exclude liability for death or personal injury caused by our gross negligence or for any other liability which cannot by law be excluded or limited.

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1.7 Disclaimer of Warranties

  • The Site and its content are provided “as is” and “as available”, without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • We do not warrant that the Site will be uninterrupted or error-free.

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1.8 Links to Third-Party Sites

  • The Site may contain links to websites operated by third parties. Such links are provided for convenience only and we do not endorse or assume responsibility for the content or accuracy of any linked websites.

  • Accessing any third-party site is at your own risk.

  • The above excludes the online donation payment gateway - in which responsibility is assumed by the Site vendor.

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1.9 Age and Capacity

  • You represent that you are legally capable of entering into binding contracts (i.e., you are of legal age and have capacity under South African law).

  • If you are using the Site on behalf of an entity, you warrant you have the authority to bind that entity.

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1.10 Governing Law & Dispute Resolution

  • These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.

  • Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of South Africa.

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1.11 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

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1.12 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Site and supersede any prior agreements.

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Terms and Conditions of Use

 

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