Legal Document

Terms and Conditions

Last Updated: 2 May 2026

These Terms and Conditions govern your access to and use of the website and services of Ubuntu Harmony Foundation. Please read them carefully. By using this website, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws of the Republic of South Africa.

1

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions shall bear the meanings assigned to them:

  • “The Foundation,” “we,” “us,” or “our” means Ubuntu Harmony Foundation, a non-profit company incorporated under the Companies Act 71 of 2008 (Registration Number: 2025/287672/08) and registered as a Non-Profit Organisation under the Non-Profit Organisations Act 71 of 1997 (NPO Registration Number: 334-185-NPO).
  • “Website” means the official website of the Foundation accessible at ubuntuharmony.org, together with all sub-domains, mobile applications, and associated digital properties.
  • “User,” “you,” or “your” means any natural or juristic person who accesses, browses, or otherwise uses the Website or Services, whether registered or unregistered.
  • “Services” means all programs, initiatives, events, digital platforms, volunteer opportunities, donation mechanisms, and any other activities offered or facilitated by the Foundation through the Website.
  • “Content” means all text, graphics, images, audio, video, software, data, and other materials made available on the Website.
  • “Donation” means any voluntary financial or in-kind contribution made by a User to the Foundation through the Website or any other channel.
  • “Personal Information” bears the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (POPIA).

Headings are inserted for convenience only and shall not affect the interpretation of these Terms. References to statutes, regulations, or codes include all amendments, re-enactments, and successor legislation.

2

Acceptance and Binding Effect

By accessing, browsing, or using the Website, or by submitting any information to the Foundation through the Website, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms and Conditions, together with our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any provision of these Terms, you must immediately cease all use of the Website and refrain from submitting any information to the Foundation. Continued use of the Website following any amendment to these Terms constitutes acceptance of the revised Terms.

Where you act on behalf of a juristic person, you warrant that you possess the requisite authority to bind that entity to these Terms.

3

Legislative and Regulatory Compliance

The Foundation operates in strict compliance with the laws of the Republic of South Africa, including but not limited to:

  • The Non-Profit Organisations Act 71 of 1997;
  • The Companies Act 71 of 2008;
  • The Income Tax Act 58 of 1962 (including sections 30 and 18A);
  • The Protection of Personal Information Act 4 of 2013 (POPIA);
  • The Consumer Protection Act 68 of 2008;
  • The Electronic Communications and Transactions Act 25 of 2002;
  • The Promotion of Access to Information Act 2 of 2000;
  • The Financial Intelligence Centre Act 38 of 2001 (FICA), where applicable.

Nothing in these Terms shall be construed as a waiver of the Foundation’s statutory obligations or the rights of Users under any applicable law.

4

Permitted and Prohibited Use

4.1 Permitted Use

The Website is intended to facilitate public engagement with the Foundation’s mission. You are hereby granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for lawful, personal, and non-commercial purposes, including:

  • Reviewing information concerning the Foundation’s programs, objectives, and impact;
  • Submitting donation transactions through approved payment channels;
  • Registering as a volunteer or expressing interest in future programs;
  • Subscribing to newsletters and communications;
  • Submitting enquiries or feedback through designated contact forms;
  • Sharing Content through integrated social media functionality, where provided.

4.2 Prohibited Conduct

You expressly agree not to engage in any of the following conduct:

  • Using the Website for any unlawful, fraudulent, deceptive, defamatory, harassing, or discriminatory purpose;
  • Transmitting, uploading, or distributing any malware, virus, worm, Trojan horse, spyware, adware, or other harmful or disruptive code;
  • Attempting to gain unauthorised access to any portion of the Website, our servers, networks, databases, or third-party systems connected thereto;
  • Conducting any activity that interferes with or disrupts the functioning, availability, or performance of the Website, including denial-of-service attacks, brute-force attempts, or automated scraping;
  • Harvesting, collecting, or storing Personal Information of other Users without their express written consent;
  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
  • Circumventing, disabling, or otherwise interfering with any security-related features of the Website;
  • Framing, mirroring, or embedding the Website or any part thereof on another website without our prior written consent;
  • Using the Website to send unsolicited commercial communications or spam.

Any violation of this clause may result in immediate suspension or termination of your access, referral to law enforcement authorities, and the pursuit of all available civil and criminal remedies.

5

Donations, Payments, and Financial Matters

5.1 Voluntary Nature and Irrevocability

All donations made to the Foundation are strictly voluntary. Unless otherwise expressly agreed in writing or required by applicable law, donations are irrevocable and non-refundable. By initiating a donation, you represent and warrant that you are the lawful owner of the funds tendered and that the donation does not violate any law, court order, or contractual obligation to which you are subject.

5.2 Tax Deductibility

The Foundation is a SARS-compliant Public Benefit Organisation (PBO) with approval under section 18A of the Income Tax Act 58 of 1962. Eligible donations may qualify for a tax deduction, subject to the limits and conditions prescribed by SARS. Section 18A certificates will be issued upon request, in accordance with SARS administrative requirements.

5.3 Payment Processing

Payment transactions are processed through secure, PCI-DSS-compliant payment gateways and banking institutions. The Foundation does not store complete payment card numbers or banking credentials on its own servers. By submitting payment information, you consent to the disclosure of such information to our authorised payment processors for the sole purpose of completing the transaction.

5.4 Use and Allocation of Donations

The Foundation undertakes to apply donations diligently, transparently, and in furtherance of its stated public benefit objectives. While donors may express a preference for the allocation of their donation, the Foundation reserves the right to apply donated funds to areas of greatest operational need where the specified purpose has been fulfilled, cannot be pursued, or would be inefficient.

5.5 Anti-Money Laundering

In compliance with FICA, the Foundation reserves the right to request proof of identity and source of funds for donations exceeding prescribed thresholds, and to report suspicious transactions to the Financial Intelligence Centre.

6

Intellectual Property Rights

6.1 Ownership

All intellectual property rights in and to the Website and its Content—including but not limited to copyright, trade marks, patents, design rights, database rights, and know-how—are owned by or licensed to the Foundation and are protected by the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993.

6.2 Limited Licence

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to access, view, and download Content solely for personal, non-commercial use. You may not:

  • Reproduce, distribute, modify, adapt, translate, or create derivative works from any Content without prior written consent;
  • Remove, alter, or obscure any copyright, trade mark, or proprietary notices;
  • Use any automated system, software, or device to extract, scrape, or index Content;
  • Assert any ownership rights or challenge the validity of the Foundation's intellectual property.

6.3 User-Submitted Content

By submitting any content to the Website—including testimonials, photographs, video, or written material—you grant the Foundation a perpetual, royalty-free, irrevocable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media, for any purpose consistent with the Foundation's mission, without compensation to you. You warrant that you own or have obtained all necessary rights and consents to grant this licence.

7

Privacy, Data Protection, and POPIA Compliance

The Foundation processes Personal Information in strict accordance with POPIA. Our privacy practices are comprehensively set out in our Privacy Policy, which forms an integral part of these Terms.

By using the Website, you consent to the collection, processing, storage, and disclosure of your Personal Information as described in the Privacy Policy. You further warrant that any Personal Information you provide about third parties has been collected lawfully and with the requisite consent.

The Foundation shall not be liable for any unauthorised access to, loss of, or damage to Personal Information caused by events beyond our reasonable control, including cyberattacks, system failures, or force majeure events, provided that we have implemented and maintained reasonable technical and organisational safeguards as required by POPIA.

8

Website Availability, Accuracy, and Disclaimers

8.1 No Warranty

The Website and all Content are provided on an “as is” and “as available” basis without any representation, warranty, or guarantee of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, or availability.

8.2 No Reliance

The Content on the Website is provided for general informational purposes only and does not constitute legal, financial, medical, or professional advice. You should not rely upon the Content as a substitute for independent professional advice suited to your specific circumstances.

8.3 No Guarantee of Uninterrupted Service

We do not warrant that the Website will be available at all times, uninterrupted, secure, error-free, or free from viruses or other harmful components. We reserve the right to suspend, withdraw, or restrict access to the Website, in whole or in part, for operational, security, or maintenance reasons without prior notice.

9

Limitation and Exclusion of Liability

To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008, the Foundation, its directors, officers, employees, volunteers, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with:

  • Your access to, use of, or inability to access or use the Website;
  • Any conduct or content of any third party on the Website;
  • Any unauthorised access to, use of, or alteration of your transmissions or data;
  • Statements, conduct, or omissions of any third party appearing on or through the Website;
  • Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website;
  • Any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Website.

Where liability cannot be excluded under the Consumer Protection Act, the Foundation’s total aggregate liability shall be limited to the amount of the donation made by the User in the twelve (12) months immediately preceding the event giving rise to liability, or R1,000.00 (one thousand Rand), whichever is the lesser.

10

Indemnification

You agree to indemnify, defend, and hold harmless the Foundation, its directors, officers, employees, volunteers, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to:

  • Your breach of these Terms or any representation, warranty, or covenant made herein;
  • Your violation of any applicable law, regulation, or third-party right;
  • Your negligent, fraudulent, or wilful misconduct in connection with the Website;
  • Any content, material, or information submitted by you to the Website;
  • Your use of the Website in any manner not authorised by these Terms.

This indemnity shall survive the termination of these Terms and your use of the Website.

11

Third-Party Links, Services, and Content

The Website may contain hyperlinks, references, or integrations with third-party websites, platforms, payment gateways, social media services, and content providers (“Third-Party Services”). These links are provided for convenience and informational purposes only.

The Foundation does not control, endorse, sponsor, or assume any responsibility for the content, privacy practices, terms of use, security, or reliability of any Third-Party Service. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of the respective third party.

The inclusion of any link does not imply affiliation, partnership, or approval by the Foundation. We encourage you to review the terms and privacy policies of any Third-Party Service before submitting Personal Information or engaging in transactions.

12

Termination and Suspension

The Foundation reserves the right, in its sole and absolute discretion and without prior notice, to suspend, restrict, or terminate your access to the Website, in whole or in part, with immediate effect, for any reason, including but not limited to:

  • Breach or suspected breach of these Terms or any applicable law;
  • Fraudulent, abusive, or harmful conduct;
  • Request by law enforcement or other government authority;
  • Discontinuation or material modification of the Website or Services;
  • Technical issues, security concerns, or force majeure events.

Upon termination, all licences and rights granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination shall remain in full force and effect, including but not limited to provisions relating to intellectual property, indemnification, limitation of liability, and governing law.

13

Governing Law, Jurisdiction, and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

13.2 Jurisdiction

Any dispute arising out of or in connection with these Terms, the Website, or the Services shall be subject to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division, or such other division as the Foundation may elect), or, where the claim falls within its monetary jurisdiction, the Magistrate’s Court.

13.3 Alternative Dispute Resolution

In accordance with the Consumer Protection Act, you have the right to refer any complaint to the National Consumer Commission, the Consumer Tribunal, or an accredited alternative dispute resolution agent. The Foundation is committed to resolving disputes amicably and in good faith.

14

Amendments, Variations, and Waiver

The Foundation reserves the right to amend, modify, or replace these Terms at any time, in its sole discretion. Material changes shall be communicated to Users via a prominent notice on the Website or, where contact details are available, by email, at least thirty (30) days prior to the effective date of the changes, unless earlier implementation is required by law or urgent operational necessity.

Your continued access to or use of the Website after the effective date of any amendment constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

No waiver by the Foundation of any breach or default under these Terms shall constitute a waiver of any subsequent breach or default, nor shall it affect the validity or enforceability of any other provision.

15

Severability and Entire Agreement

15.1 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, or unenforceable for any reason, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent as closely as possible.

15.2 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Foundation concerning your use of the Website and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

15.3 No Partnership or Agency

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between you and the Foundation.

16

Force Majeure

The Foundation shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labour, or materials, pandemics, epidemics, government lockdowns, or failures of telecommunications or internet service providers.

In the event of a force majeure occurrence, the Foundation’s obligations shall be suspended for the duration of the force majeure event, and the Foundation shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

17

Contact Information and Notices

All formal notices, requests, or communications under these Terms shall be directed to the Foundation as follows:

Ubuntu Harmony Foundation

Physical Address: 140 West Street, Sandton, Johannesburg, Gauteng, 2031, South Africa

Email: info@ubuntuharmony.org

Website: ubuntuharmony.org

NPO Registration Number: 334-185-NPO
Company Registration Number: 2025/287672/08
SARS-Compliant Public Benefit Organisation (PBO)
Section 18A Approved for Tax-Deductible Donations

Any notice sent by email shall be deemed received on the next business day following transmission, provided that the sender has not received a delivery failure notification. Notices sent by registered post shall be deemed received five (5) business days after posting.

18

Acknowledgement of Understanding

By accessing or using this Website, you acknowledge and confirm that:

  • You have read, understood, and agree to be bound by these Terms and Conditions in their entirety;
  • You are of legal age and capacity to enter into a binding agreement, or you are acting with the consent and under the supervision of a parent or legal guardian;
  • You understand that these Terms constitute a legally binding contract between you and the Foundation;
  • You agree to comply with all applicable laws and regulations in connection with your use of the Website.

If you have any questions, concerns, or comments regarding these Terms, please contact us before continuing to use the Website.

19

Zero Tolerance for Substance Use

19.1 Sober Participation Requirement

Ubuntu Harmony Foundation maintains a strict zero-tolerance policy regarding the use of intoxicating substances. Every person who attends, participates in, or visits any UHF program, event, office, or premises must arrive completely sober and remain sober for the entire duration of their presence.

19.2 Prohibited Substances

The following are strictly prohibited at all times on UHF premises and during all UHF activities:

  • Alcohol of any kind, including beer, wine, spirits, and any beverage containing alcohol;
  • Illegal drugs and controlled substances, including but not limited to cannabis, cocaine, heroin, methamphetamine, ecstasy, and any other narcotic or psychoactive substance;
  • Prescription medication that causes intoxication, drowsiness, or impaired judgment when not taken in accordance with a valid medical prescription;
  • Inhalants, solvents, or any other substance used for the purpose of intoxication;
  • Any other substance that impairs cognitive function, motor skills, judgment, or behaviour.

19.3 Enforcement and Consequences

Any participant, contestant, volunteer, visitor, or staff member found to be under the influence of any prohibited substance will be dismissed immediately from the premises or activity. This dismissal is non-negotiable and effective on the spot.

In addition to immediate removal, the individual will be permanently banned from all Ubuntu Harmony Foundation programs, events, opportunities, and premises for life. This lifetime ban is non-reversible and applies across every initiative, competition, volunteer program, and partnership operated by the Foundation. No exceptions will be made.

The Foundation reserves the right to refuse entry to any person who appears intoxicated, smells of alcohol or drugs, displays slurred speech, unsteady gait, erratic behaviour, or any other sign of substance impairment. This assessment may be made by UHF staff, security personnel, or designated representatives at their sole discretion.

20

Prohibited Items and Weapons Ban

20.1 Absolute Weapons Prohibition

No weapons of any kind are permitted on any Ubuntu Harmony Foundation premises, at any UHF event, or during any UHF activity, whether held on-site or at an external venue under UHF direction. This prohibition is absolute and applies to all persons without exception.

20.2 Categories of Prohibited Items

Prohibited items include, but are not limited to:

  • Firearms, handguns, rifles, shotguns, and any other weapon capable of discharging a projectile;
  • Knives, blades, daggers, box cutters, scalpels, and any sharp-edged instrument that could be used as a weapon;
  • Tasers, stun guns, and electroshock weapons;
  • Pepper spray, mace, tear gas, and any chemical or aerosol incapacitant;
  • Batons, clubs, brass knuckles, nunchaku, and any blunt-force weapon;
  • Explosives, fireworks, flares, and incendiary devices;
  • Any other item that UHF staff or security personnel reasonably determine could be used to cause harm, intimidation, or injury.

20.3 Enforcement and Consequences

All persons entering UHF premises are subject to this weapons ban. Anyone found in possession of a prohibited item or weapon will be removed from the premises immediately. Where lawful and appropriate, the Foundation may involve private security or law enforcement authorities.

Any contestant found with a weapon will be disqualified from the game or competition in question and will forfeit any prize, registration, or standing. Volunteers, staff, and visitors found with weapons will be permanently barred from the Foundation’s premises and programs.

The Foundation reserves the right to conduct bag checks, inspections, and screening at entry points as necessary to enforce this policy. Refusal to submit to a reasonable inspection may result in denial of entry.

21

Recording, Photography, and Social Media Consent

21.1 Scope of Consent

By registering for, attending, or participating in any Ubuntu Harmony Foundation program, event, competition, or activity—including the Ubuntu Harmony Weekly Game—every contestant, visitor, volunteer, and participant grants the Foundation an irrevocable, royalty-free, perpetual licence to capture, record, photograph, film, and otherwise document their appearance, voice, likeness, image, performance, and participation.

This licence includes, without limitation, the right to use, reproduce, edit, adapt, modify, create derivative works from, publish, distribute, display, transmit, broadcast, stream, and sublicense such recordings and media in any format, medium, or platform now known or hereafter developed, for any purpose consistent with the Foundation's mission and public benefit objectives.

21.2 Social Media and Public Distribution

The Foundation routinely shares event recordings, photographs, highlights, and promotional content across its official social media platforms and digital channels, including but not limited to:

  • Facebook (facebook.com/ubuntuharmony);
  • Instagram (@ubuntuharmony);
  • X, formerly Twitter (@ubuntuharmony);
  • YouTube (youtube.com/@ubuntuharmony);
  • TikTok (@ubuntuharmony);
  • LinkedIn (Ubuntu Harmony Foundation company page);
  • The Foundation's official website and blog;
  • Email newsletters and digital communications;
  • Press releases, media kits, and third-party publications;
  • Promotional and fundraising materials.

By participating, you expressly consent to your likeness, voice, and performance appearing on all of the above platforms and in all associated promotional content. The Foundation is not required to notify you individually each time your image or recording is published.

21.3 No Compensation or Revocation

This consent is granted freely and without expectation of compensation, royalty, payment, or any other financial benefit. You acknowledge that the Foundation may derive promotional, fundraising, and reputational value from the publication of recordings and media featuring you.

Once content has been published or distributed, you may not revoke this consent or demand the removal of such content, except where required by applicable law. The Foundation will make reasonable efforts to accommodate written requests for removal in extraordinary circumstances, but is under no legal obligation to remove content that has already been published or shared by third parties.

21.4 Recording Environment

The Ubuntu Harmony Weekly Game is held in a live studio environment at the UHF offices. Both the studio and the event area are equipped with professional audio and visual recording equipment, including multiple cameras, microphones, and lighting rigs. Participants should expect to be recorded from multiple angles throughout the duration of their presence.

The raw recordings are edited with high-quality visual effects, graphics, titles, and music before being published as a polished final production. Participants should expect that their appearance, voice, reactions, and responses may be edited, cropped, captioned, or otherwise adapted as part of this production process.

21.5 Privacy and Dignity

The Foundation undertakes to use recordings and media in a manner that respects the dignity and privacy of participants, and will not publish content that is intentionally humiliating, defamatory, or malicious. However, the Foundation cannot control how third parties may share, comment on, or react to published content once it is in the public domain.

Participants who have specific concerns about their appearance in media—such as safety, cultural, religious, or personal reasons—are encouraged to contact the Foundation in writing before the event. While the Foundation cannot guarantee that all concerns can be accommodated, it will consider reasonable requests in good faith.

21.6 Minors and Vulnerable Persons

Where a participant is under the age of 18 or is a vulnerable person as defined by South African law, the Foundation requires the written consent of a parent, legal guardian, or authorised representative before capturing, publishing, or distributing any media depicting that individual. The Foundation will not knowingly publish media of minors without such consent.

Ubuntu Harmony Foundation

UBUNTU HARMONY

FOUNDATION

Building tomorrow's South Africa through unity, education, and opportunity. Empowering communities across the nation.

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© 2026 Ubuntu Harmony Foundation

SARS-Compliant Public Benefit Organisation (PBO)  ·  NPO Registration: 334-185-NPO  ·  Company Reg: 2025/287672/08