Terms and Conditions

1. Our licence terms.

1.1 What these terms cover. These are the terms and conditions (Terms) on which we supply services to you via www.plegit.africa. By accessing, browsing, or otherwise using Our software by any means and via whatever device or registering your details with us, you confirm that you accept these terms of use, and you agree to follow these Terms. If you do not agree to these Terms, you must not use Our software.
1.2 Why you should read them. Please read these Terms carefully before you use Our software. These Terms constitute a legally binding agreement between us and you.
1.3 If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our website or software.
1.4 These are other terms that may apply to you. The following additional terms also apply to your use of Our website or software:
(a) Our Privacy Policy & Cookie Policy https://plegit.africa/plegit-privacy-policy/ which sets out information about how we use your personal information.
1.4 Changes to these Terms. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 15 days’ notice of any change by sending you an e-mail or an SMS with details of the change or notifying you of a change when you next start Our Software. If you do not accept the notified changes, you will not be permitted to continue to use Our Software.
1.5 Changes to Our website. We may update and change Our website from time to time to reflect changes to the Services, our products, our users’ needs and our business priorities.
1.6 Our Software is subject to the laws of the South Africa. We do not represent that content available on or through Our Software is appropriate for use or available in other locations or that it will meet the requirements of any laws outside of South Africa.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. Plegit Africa is a platform owned by a Company registered in South Africa named CodeZy (Pty) Ltd (“CodeZy”) with Registration number: 9910422188 and our registered office is Office 1004, First Floor, Silver Stream Building 3, 10 Muswell Road South, Bryanston, Sandton, Gauteng, 2021. Our trading name is “Plegit Africa”.
2.2 How to contact us. You can contact us by emailing us info@plegit.africa
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and SMS.

3. LICENCE

3.1 Licence. We licence you to use:

(a) the ‘Plegit Africa’ website/software, the data supplied with Our website and any updates or supplements to it;
(b) the related online or electronic documentation (Documentation); and
(c) the service you connect to via Our Software and the content we provide to you through Our Software (Services), as permitted by these Terms.

3.2 APIs. In using Our Software, you may access data via an Application Program Interface (“API”). Any use of any API, including use of any API through a third-party product that accesses Our Software, is bound by these Terms plus the following specific terms:

(a) You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of any API or third-party products that access data via such API.
(b) Abuse or excessively frequent requests to Our Software via any API may result in the temporary or permanent suspension of your access to such API. We, in our sole discretion, will determine abuse or excessive usage of any API. We will make a reasonable attempt via email to warn you prior to any suspension.
(c) We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to any API (or any part thereof) with or without notice.

4. OPERATING SYSTEM REQUIREMENTS

Operating system requirements. Our website/software requires a Computer/Laptop, Smartphone or tablet device operation with either the iOS operating system (version 15 or above) or Android operating system (version 5.0 or above).

Operating System Requirements: Our website/software requires a computer/laptop, smartphone, or tablet device operating with either the iOS operating system (version 15 or above) or the Android operating system (version 5.0 or above). We recommend that you use an up-to-date version of any of the following browsers for optimal performance and security:
• Google Chrome
• Mozilla Firefox
• Safari
• Opera
• Microsoft Edge

5. HOW YOU MAY USE OUR WEBSITE

5.1 How you may use Our website. In return for your agreeing to comply with these Terms you may:
(a) Register for an account using any compatible smartphone or device and view, use and display Our site and the Services on such devices for your business purposes only;
(b) use any Documentation to support your permitted use of website and the Services.

5.2 You may not transfer your account to anyone else. You may not transfer your account or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which your account data is stored, you must first delete this from it.

5.3 If someone else owns the smartphone or device you are using. If you register for an account onto any smartphone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own such phone or other device.

6. UPDATES TO OUR WEBSITE AND CHANGES TO THE SERVICES

Updates to website and changes to the Services. From time to time, we may automatically update Our Website and change the Service to improve performance, enhance functionality, deprecate functionality, reflect changes to the operating system or address security issues.

7. YOUR ACCOUNT

7.1 User account. You will be required to set up an account with us (User Account) and Payfast (For Payment Processing) if you wish to use Our software and access the full features and Services. To obtain a User Account, you are required to complete a registration process You hereby represent to us that all information submitted to us during the registration process is accurate and true and you undertake to keep your registration information up to date.

7.2 Your User account will be activated upon submission of a certified copy of your NPO registration certificate or other documentation that may be needed which will be verified against the relevant Government Department.

7.2 Responsibility for your User Account. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.

7.3 When using Our Website, you agree to grant access to specific services on your phone or device, including Camera, Location, Microphone, Storage & phone. The activation of these services is crucial for the complete functionality of Our software and services. Ensuring the enabling of these services is your responsibility, and failure to do so may impede your ability to fully utilise Our software or access the Services. If, after granting access to these services, you wish to revoke such access, please be aware that the responsibility rests with you to amend or adjust your device settings.

7.4 Content. You may only access Our website and use the Services so long as your content does not contain anything that is infringing of intellectual property rights or is illegal, obscene, abusive, threatening, defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, or is otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You are responsible for any content that you share including its legality, reliability, and appropriateness. You represent and warrant that such content is yours, you have the right to use it, and that the posting of the content on or through Our website or the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

7.5 Closure or suspension of your User Account. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion and limitation of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some or all of the Services.

8. USE OF THE SERVICES

8.1 The Services. Subject to you purchasing the User Subscriptions (as defined in Clause 8.2) or using the free plan subscription option, in accordance with these Terms, we hereby grant to you a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users (as defined in Clause 8.2) to use the Services during the Subscription Term (as defined in Clause 8.3) solely for your internal business operations. We shall use commercially reasonable endeavours to make the Services available 24 hours a day, 7 days a week. In the case of emergency unplanned outages, or maintenance, in which case, we shall use all reasonable endeavours to give you advance warning although this will not always be possible.

8.2 Fees.
8.2.1 Subscription Fees. If applicable, Fees are stated at the time you subscribe for the Services and are on a per plan or on a per user per organisation basis. Fees are subject to change with notice. We will give you notice of the change in fees, and you have the option to decide to continue your subscription or cancel the subscription.
8.2.2 Platform fees. A platform fee of 5% inclusive of VAT is applicable per donor transaction. The fee is automatically deducted on conclusion of a donor transaction.
Fees are subject to change with notice. We will give you notice of the change in fees, and you have the option to decide to continue your subscription or cancel the subscription.
8.2.3 Transaction fees. Are as applied by PayFast for payment processing and determined by PayFast and reflected in your contract with PayFast. Please refer to relevant documentation, terms and conditions from PayFast.
8.2.4 VAS (Value Added Services), As an example text to donation functionality requires a purchase of an SMS bundle, Fees and applicable rules are stated at the time you purchase the VAS.

8.3 Duration of the contract. The duration of your contract with us depends on the type of your subscription plan (Subscription Term).
(a) Our contract with you will remain in place for 6 months, 12 months or 36 months depending on the term option you chose from the date of our confirmation email. The subscription option you have chosen will automatically renew the term upon expiry unless give us at least 30 days’ notice before the end of the respective 6-, 12- or 36-month term to terminate the contract. If you do not give us such termination notice, the contract between you and us will automatically roll-over at the end of that 6-, 12- or 36-months’ term for an additional 6-, 12- or 36-months’ term. If you want to end this contract before the end of its respective term when we are not at fault, you can still do so by letting us know in writing. If sufficient notice is given, the contract will end 1 calendar month after the day on which you ask us to end it, but you will have to pay us compensation for the loss we incur as a result of your ending the contract early. By way of compensation, we will retain all subscription fees already paid to us for such annual subscription plan. Should we agree to do a specific implementation of work for you upfront and the cost would be spread/amortised over the contract period, then you will still be liable the remaining value of those costs on early termination.
(b) If you choose our subscription plan with monthly instalments per User Subscription, our contract with you will remain in place for the minimum term of 1 month from the date of our confirmation email, and thereafter shall automatically renew on a month-to-month fixed term basis unless you give us at least 7 days’ notice before the end of each 1 month term to terminate the contract. If sufficient notice is given, the contract will end at the end of such month and your subscription shall not be renewed. You will not incur any early termination liability and you will receive no refund of any subscription fees paid.

8.4 We may end a contract if you break it. We may end any contract with you at any time by contacting you if you break these Terms materially or repeatedly, and, if what you have done can be put right, you fail to put it right after we have notified you of that breach and given you a reasonable opportunity to do so. If we end any contract because you break it, we will be entitled to compensation for the loss we incur because of you breaking such contract.

8.5 Third party websites. Our website or the Services may contain links to other independent websites including but not limited to Payfast, which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

8.6 Circumstances beyond the control of us. If the event of any failure by us due to something outside of our reasonable control, then we will advise you as soon as reasonably practicable, and our obligations will be suspended so far as is reasonable and we will not be liable for any failure which we could not reasonably avoid.

9. INTELLECTUAL PROPERTY; LICENCE RESTRICTIONS

9.1 Intellectual property. Codezy (Pty) Ltd is the owner or the licensee of all intellectual property rights in Our Website, in the material published on it, the Documentation and all of our publications and visual representations and designs whether published online or on our products (“Our IP”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, Our Website, the Documentation, or the Services other than the right to use them in accordance with these Terms. You must not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us.

Prohibited actions. You agree that you will:
(a) not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, Our Website in any form, in whole or in part, to any person without prior written consent from us;
(b) not copy Our Website.
(c) not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of Our Website nor permit Our Website or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our Website;
(e) not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of Our Website;
(f) not access or use the source code of Our Website; and
(g) comply with all applicable technology control, export control and trade sanctions laws and regulations relating to Our Website.

9.3 Acceptable use restrictions. You must not (or permit or assist others to):
(a) use Our Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our Website, the Services or any operating system;
(b) infringe our intellectual property rights or those of any third party in relation to your use of Our Website, including by the submission of any content or material (to the extent that such use is not licensed by these Terms);
(c) treat, interact with, or communicate with our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory;
(d) use Our Website in a way that could damage, disable, overburden, impair or compromise Our Website or our systems or security or interfere with other users of Our Website; or
(e) collect or harvest any information or data from Our Website or attempt to decipher any transmissions to or from the servers running Our Website.

9.4 We do not guarantee availability of Our Website. We will use reasonable skill and care to provide Our Website to you and to keep Our Website safe, secure and error-free but we do not promise that your use of Our Website will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of Our Website to you, but we do not guarantee availability. For example, Our Website may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our Website and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We do not guarantee or promise that your data will be safely stored on our website. We will use reasonable skill and care to provide to safely store your data, but we do not promise this.

9.6 Check that Our Website and the Services are suitable for you. Our Website and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Our Website and the Services (as described on Our Website store site and in the Documentation) meet your requirements.

10. LIMITATION OF LIABILITY

10.1 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.2 We are not responsible for events outside our control. If our provision of the Services or support for Our Website or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).

10.3 We are not responsible for any Payfast payment processes, loss of monies, transfers, payment delays etc. Any payment issues must be referred to Payfast. Payfast will handle such issues in accordance with their terms and conditions https://payfast.io/legal/

10.4 To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought, our maximum liability for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid (or due and payable) by you to us in respect of this Agreement for the last 3 months preceding the claim. The aggregate amounts for all claims will not be greater than the maximum amount. Indirect and consequential damages are excluded. To the extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind whatsoever and howsoever caused (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from this Agreement.

11. DATA PROTECTION
We refer you to our Data Protection Terms in our Privacy Policy that can be accessed here https://plegit.africa/plegit-privacy-policy/

Our Privacy Policy is incorporated into these Terms and Conditions and is legally binding together with these Terms and Conditions.

12. CONFIDENTIALITY

Obligation of confidentiality. No party will during term of any contract created under these Terms or at any time afterwards, use or disclose to any third party (and will use their best endeavours to prevent the publication and disclosure of) any Confidential Information of any other party. This restriction does not apply to (a) any use or disclosure authorised by the respective party or as required by law; (b) any information which is already in, or comes into, the public domain otherwise than through the party’s unauthorised disclosure or (c) any information independently developed by a party. “Confidential Information” means all information of a confidential nature (in whatever format and wherever located), including copies, whether created before or after the date of the respective contract and whether marked “confidential” or not, of any party.

13. TERMINATION

13.1 Term. The term of our contract will be calculated by reference to Clause 8.3. We may end your rights to use Our Website and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our Website and to access the Services or you terminate our contract then:
(a) you must stop all activities authorised by these Terms, including your use of Our Website and any Services; and
(b) you must delete or remove Our Website from all devices in your possession.

13.2 Termination. Notwithstanding Clause 13.1, you may terminate any contract created under these Terms with 15 days’ notice if you do not accept any new Terms pursuant to Clause 1.3 above and either party may terminate any contract created under these Terms with immediate effect if at any time the other party (a) commits any serious or repeated breach or non-observance of any of the provisions of these Terms or refuses or neglects to comply with any reasonable and lawful directions of the other party, (b) is convicted of any criminal offence or (c) is wound up or goes into administration.

13.3 Consequences of termination. On termination of our contract for whatever reason:
(a) any data you have uploaded to Our Website will be irretrievably deleted within 6 months unless it is specifically required by law that we store such data for an additional period;
(b) any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of any contract shall remain in full force and effect; and
(c) termination or expiry of any contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of any contract created under these Terms which existed at or before the date of termination or expiry.

14. OTHER IMPORTANT TERMS

14.1 Status. Nothing in these Terms will render any party an employee, worker, agent or partner of the other party and no party will hold themselves out as such.

14.2 We may transfer our rights under these to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

14.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.

14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

14.7 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by South African law, and you can bring legal proceedings in the South African courts.

14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider.