Terms of Use: Fundraising

Terms of Use: Fundraising

  1. INTRODUCTION

These are the terms of use applicable to fundraising campaigns and must be read with our general terms of use. 

In these terms, where we refer to a “beneficiary” we refer to the person chosen by the organiser as the beneficiary of campaign contributions, where we refer to an “organiser” we refer to any campaign owner, organiser or duly authorized promoter using our services to create campaigns displayed on our site for consumers using our services to consume information about, as well as donate to the campaign. All organisers, beneficiaries, consumers and third parties using our services are all referred to collectively as "users," "you" or "your”. Where we refer to “business days” we refer to all days except Saturdays, Sundays and public holidays in South Africa.

Quicket is not the creator, organiser or owner of campaigns listed on the site. Rather, we provide a service, which allows organisers to manage fundraising and to promote their campaigns.

Any dispute between a consumer and an organiser is between them only. Quicket may try to mediate, but ultimately it is the organiser's obligation to settle the dispute.

  1. CAMPAIGN BENEFICIARIES

Quicket collects contributions and pays such contributions to the campaign beneficiary. However, once Quicket has paid the campaign funds to the campaign beneficiary, the campaign beneficiary is responsible for ensuring that the funds are utilized for the purpose advertised. In doing so, the campaign beneficiary warrants and undertakes that, in utilizing the funds raised, it will act with integrity and transparency. Quicket is not responsible for any failure of a campaign beneficiary to apply the funds to the relevant purpose, or the misuse of campaign funds in any way. 

A campaign beneficiary must not rely on collecting any contributions until such time as Quicket has paid the contributions into its account.

  1. CAMPAIGN CONTRIBUTORS

We are not the Campaign

Contributions to campaigns are subject to the campaign-specific rules, terms and conditions. These are set by the organiser. 

Before you contribute to a campaign, you must read and understand the specific rules, terms and conditions applicable to that campaign. 

We do not guarantee the accuracy of campaign descriptions. We are not responsible for any inaccuracy or changes in the campaign. Quicket doesn’t verify the identity of the campaign beneficiaries, whether contributions to a campaign are tax deductible or whether campaign beneficiaries are using monies received for a legitimate purpose. Accordingly, campaign contributors must satisfy themselves with the legitimacy of a campaign, as well as the tax deductibility of contributions before contributing to such campaign.

Because all transactions are between an organiser and its respective contributors, Quicket asks that all consumers contact the applicable organiser if they are not satisfied with a campaign.

Refunds

Each contribution to a campaign is irrevocable and no refunds will be issued unless agreed to in writing by the campaign beneficiary. Quicket’s booking fees are always non-refundableWhere a campaign is cancelled or refunds are due to campaign donors for any reason whatsoever, Quicket reserves the right to withhold any further payment/s to the relevant campaign beneficiary for a period of 30 days from the date that the campaign is cancelled or the refunds become due in order to facilitate refunds to campaign donors. 

Contributing to a Campaign

A user account will automatically be created for all consumers, which account is linked to the email address provided by the consumer. This allows, amongst other things, consumers to be able to access their history of campaign contributions at any time by logging into their Quicket account. Please contact us if you would like your account deleted.

During the campaign donation process, consumers will be required to submit certain information. Please refer to our Privacy Policy regarding how we collect, store and process information. The information submitted will be processed "as is". Please contact us if any information provided is incorrect. It is your responsibility to make sure your information is correct.

Contributions made via our site are made by the owner of the account used to make the contribution, not to the owner of the credit card or bank account used to pay for the contribution.

A campaign contribution is not confirmed until we receive payment in full. If we do not receive payment in full for a contribution, the contribution will be cancelled. 

Paying for Campaign Contribution

Our permitted payment methods will be set out during the payment process.

When you submit a campaign contribution, you authorize us to debit the contribution amount from the specified account. You warrant that you are duly authorized to give us this authority. 

If contribution is made via electronic funds, or bank transfer, we cannot pay the contribution to the campaign beneficiary until proof of payment is received. This proof of payment must be issued by the relevant bank and must clearly reflect our bank account details, the correct payment amount, and the correct reference number. 

Card payments for campaigns in South Africa are processed via Peach Payments, an approved payment gateway for Nedbank South Africa. Peach Payments uses strict encryption, 256-bit AES. Users may go to http://peachpayments.com/ to view Peach Payments' security certificate and security policy.

Card payments for international campaigns are processed via Stripe. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. All card numbers are encrypted with AES-256. Users may go to https://stripe.com/docs/security for more details on Stripe's security measures.

We don’t store any bank card details on our servers. These are stored with the relevant payment gateway providers when the user opts for their card details to be remembered for future payments. If you choose to make payment via one of these payment gateways you do so at your own risk. 

Quicket transacts in various currencies depending on the location of the campaign, and other factors. We do not guarantee that we will be able to transact in any particular currency

If we suspect a fraudulent transaction, we may request any proof deemed necessary to determine the validity of the transaction. This proof includes, but is not limited to, proof of identification, proof of credit card and proof of address. 

If any charge-back claim occurs, it is the responsibility of the consumer to provide the organiser with all necessary documentation to resolve the claim. 

  1. CAMPAIGN ORGANISERS/BENEFICIARIES

Organiser Responsibilities

The organiser is solely responsible for ensuring that any page displaying a campaign on the site (and the campaign itself) meets all applicable local, provincial, national and other laws, rules and regulations, and that all information described is described in an accurate, satisfactory manner.

Organisers are responsible for providing accurate campaign details and descriptions.

What we Charge

Quicket charges a commission for campaigns equal to 4.9% excluding VAT of the total contributions collected in respect of a campaign, regardless of whether or not a campaign achieves the target contribution amount. Campaign organisers can choose whether the commission is paid by the campaign organiser or paid for by contributors as a surcharge to the donation amount. Campaign donors pay a small booking fee over and above their contribution amount which varies depending on the currency.

This fee covers the cost of the facilitation services we provide, including the administration and tracking of campaigns as well as banking and payment gateway fees. When organizing a campaign, campaign organisers may choose to run their campaign indefinitely or to set a deadline. In either case, beneficiaries are paid out weekly for campaign contributions collected less any applicable fees, and again once the campaign is ended.  

Warranties, Obligations and Acknowledgments

If you are a campaign organiser, you warrant that you are duly authorized to promote the campaign and that the beneficiary is duly authorized to collect contributions in respect of the relevant campaign. You warrant that you are not infringing any intellectual property, or other rights, by staging the campaign and that the campaign will be conducted legally and in accordance with all applicable laws. Organisers indemnify Quicket fully for any loss we incur as a result of any of these acknowledgements being incorrect.

You acknowledge the provisions of all applicable consumer laws. In South Africa, this includes the Consumer Protection Act (“CPA”). As the organiser of a campaign, you are bound to comply with the provisions of the CPA when dealing with consumers. 

Although Quicket is not your agent, save in a limited sense as a collector of payments on your behalf, as Quicket is part of the broader supply chain for your campaign, consumers may look to Quicket to enforce their rights in terms of the CPA. Quicket will always direct the consumer to deal directly with the organiser. However, if an organiser does not adequately deal with a consumer complaint, and the consumer continues to approach Quicket for relief, Quicket will take legal advice, and take such action as it deems reasonable, and legally required, in order to resolve a consumer complaint. Organisers indemnify Quicket fully for any loss we incur as a result. We take consumer protection very seriously, and our organisers must respect this. 

Quicket is not obliged to vet campaigns, but reserves the right to do so. To this end, Quicket reserves the right to decline campaigns in its discretion, including where:

  • A campaign organiser has provided insufficient information regarding the campaign

  • A contribution target is not proportionate to the cause as stated in the campaign 

  • A campaign purports to relate to an illegitimate purpose

  • A campaign offers a reward or entry into a competition or raffle

  • A campaign displays inappropriate images, including images subject to copyright.

Quicket acts as an organiser/beneficiary’s limited agent solely for the purpose of collecting contributions made by consumers and passing such payments to the beneficiary. For convenience, we may show you a balance of proceeds for your campaign in your Quicket account profile, however, that balance merely reflects the amount of funds collected by us or our payment processing partners and this represents only a general unsecured claim against Quicket and not a store of value or a deposit/current account.

Paying Campaign Beneficiaries

Organisers and beneficiaries agree that a payment made by a consumer that is processed by Quicket will be considered the same as a payment made by a consumer directly to the beneficiary and the beneficiary will apply the funds to the stated purpose as if the beneficiary had directly received the funds from such consumer, regardless of whether the funds have yet to be or are ever received from Quicket. Organisers and beneficiaries agree that Quicket, in its role as limited payments agent, is authorized to (i) hold, disburse and retain contributions on the campaign beneficiary/organiser's behalf subject to these terms; (ii) issue refunds to consumers as set out in these terms. In accepting appointment as the limited agent of an organiser/beneficiary, Quicket assumes no liability for any acts or omissions of the organiser/beneficiary and the organiser/beneficiary understands that Quicket’s obligation to pay the beneficiary is subject to and conditional upon the consumers’ actual payment of funds.

Quicket will use best endeavours to pay the campaign proceeds collected by us to the beneficiary, less our commission and any other fees, within 3 business days of the end of the campaign.  

We cannot guarantee that payments will be made timeously, as the processing of payments often depends on factors outside of our control, but we will do our best.

Liability and Indemnity

Organisers and campaign beneficiaries indemnify Quicket and hold us harmless for any claims instituted against Quicket by any user, where the cause of such claim is attributable to the actions, or failure to act, of the relevant organiser/beneficiary.

Organisers and campaign beneficiaries indemnify Quicket against any loss suffered or incurred by us due to a charge-back or refund claim being made against Quicket in respect of a contribution where Quicket has already paid the relevant proceeds to the beneficiary. Quicket will be entitled to set-off the amount of any such liability from any payment due to the relevant organiser/beneficiary in future.

Where Quicket suffers any loss, including but not limited to reputational loss, as a result of the conduct of any organiser/campaign beneficiary, including but not limited to the organiser/beneficiary’s failure to comply with its legal obligations, the organiser/beneficiary indemnifies Quicket fully for any such loss incurred by Quicket.

5. LIABILITY

Quicket will not be liable for any indirect, special or consequential losses of any kind whatsoever arising from, or in connection with any person’s use of any of our services.

Force Majeure” means, in relation to Quicket, any circumstances beyond the reasonable control of Quicket including (without limitation) any acts of war or public enemy, civil commotion or strife, political or civil disturbance, riot, insurrection, strikes, lock-out, interruption of transport, labour dispute, boycott, fire, explosion, flood, storm, infectious or contagious disease, epidemic, pandemic or natural or physical disaster, sabotage, terrorism, acts or omissions of any government, government agency, provincial or local or similar authority, laws or regulations or any acts of God or forces of nature. Quicket shall not be liable a result of any delays or failures of performance of its obligations if and to the extent that such delay or failure is caused by a Force Majeure event. 

 



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