TERMS OF SERVICE

amandla.mobi is an independent, community advocacy organisation that seeks to build a more just and people-powered Mzansi.

Amandla reserves the right to remove any campaigns or comments that do not share these values.

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These Terms of Service outline the terms and conditions upon which you can use our website to create campaigns, sign campaigns and connect with other Amandla members who live near you.

1. ACCEPTING OUR TERMS OF SERVICE

By signing up to join or become an organiser, creating a campaign on our website or ticking the box next to the words “I agree to the Terms of Service” on our website, you signify that you accept these Terms of Service and agree to be bound by them.

2. CREATING A CAMPAIGN

2.1 You can use our website to create one or more campaigns to advocate any cause that does not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, nationality or religion. Campaigns may not explicitly promote political parties. Campaigns approved do not necessarily reflect the views of amandla.mobi.

i. You are welcome to set up a petition if you are a councillor, a political candidate or part of a local political group. However we reserve the right to edit or remove the petition if we deem it to be promoting a political party, or you as a politician or political candidate. Petitions should be set up by individuals and not under a party name, and should focus on policy alone.

Please inform the Amandla team if you are an elected official or candidate so that we can mark your petition appropriately.

2.2 If you would like to create a campaign using our website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete.

2.3 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account.

2.4 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

2.5 When you provide us with your email address and, at your option, your mobile phone number at any time, including when you join a Group, you consent to receiving messages (including by email, SMS and/or MMS):

(a) from the individuals and organisations who have signed your campaign;
(b) from us in relation to your campaign and other campaigns created on our website; and
(c) from our related bodies corporate and trusted partners in relation to other campaigns and causes that we think may be of interest to you.

2.6 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

2.7 As the creator of a campaign, you will have access to the names and other personal information of the individuals signing your campaign, either for him/herself or on behalf of an organisation (“Campaigners’ Details”).

2.8 You may use the Campaigners’ Details for the sole purpose of sharing information directly relating to your campaign (such as sending updates on the number of signatures reached). You can not send more than 3 messages per week to any individual or organisation.

i. You may not use Campaigners’ Details for the purpose of promoting yourself as a political candidate, politician, or for promoting any political party.

2.9 You must immediately stop sending messages (including by email, SMS and MMS) to anyone who asks to be unsubscribed from your communications.

2.10 You acknowledge that we have no control over the messages sent to you by the individuals or organisations who sign your campaign.

2.11 You release and forever discharge us from any liability, action, claim, injury, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website, any messages you receive from other users of our website, and any event you attend that has been organised on our website.

3. SIGNING A CAMPAIGN

3.1 If you would like to sign any campaign on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign.

3.2 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages ((including by email, SMS and/or MMS):

3.2.1 from the creator of the campaign in relation to the campaign you have signed;
3.2.2 from us in relation to other campaigns created on our website; and

3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

3.4 You acknowledge that:

3.4.1 when you sign a campaign on our website, your name, province and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign;
3.4.2 the creator of the campaign may export the campaign, together with any information you have posted on our website in connection with the campaign (which could include your name, post code, province, phone number and comments), and provide the campaign to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign.

3.5 You release and forever discharge us from any liability, action, claim, injury, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign), any messages you receive from other users of our website, and any event you attend that has been organised on our website.

4. YOUR CONTENT

4.1 You warrant that all text, images and other content you post on our website, including on any Group site (Your Content) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website.

4.2 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any campaign you have created on our website or any of Your Content which we believe violates these Terms of Service or which is or may be offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others.

4.3 By submitting and posting Your Content on our website, you give amandla.mobi and our related bodies corporate a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting your campaign.

4.4 We reserve the right to remove any user contribution or event for any reason. This is a decision we will strive to make fairly, but ultimately is a decision that is solely up to us to take.

5. USING OUR WEBSITE

5.1 Our website is available for your personal and non-commercial use only.

5.2 amandla.mobi does not endorse or authorise any campaigns or member generated content on our website.

5.3 amandla.mobi reserves the right to not publish campaigns with racist, sexist, classist, ableist and homophobic views and/or language

5.4 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website.

5.5 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose.

5.6 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.

5.7 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, images and trademarks.

6. LINKS TO THIRD PARTY SITES AND RESOURCES

6.1 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.

6.2 We do not allow links to third party petition sites in either our petitions or in emails that you send out to your petition signers. It confuses people and is often counterproductive. We reserve the right to remove or edit petitions and delete or edit emails that link to third party petitions in breach of this term.

7. CLOSING YOUR ACCOUNT

7.1 We may suspend or cancel your account, including any Group account, if you fail to comply with your obligations under these Terms of Service.

7.3 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular back-ups of Your Content.

7.4 The amandla.mobi staff team will determine, in its discretion, whether there has been a breach of these Terms of Service through your use of the site. When a breach has occurred, we may take such action as we deem appropriate including but not limited to:

7.4.1 immediate, temporary or permanent withdrawal of your right to use the Awethu site;
7.4.2 immediate, temporary or permanent removal of any posting or material uploaded by you to the site; or
7.4.3 legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.

8. LIABILITY

8.1 You use the amandla.mobi website at your sole risk.

8.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

8.3 The material and information made available on the Group site is provided without any guarantees, conditions or warranties as to its accuracy.

8.4 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.

8.5 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise).

8.6 We are not liable to you for misuse of your information by other amandla.mobi members or third parties who gain access to the site.

9. INDEMNITY

You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, and your conduct with respect to our website and other users of our website.

10. USE OF OUR SITE FROM OUTSIDE OF SOUTH AFRICA

Whilst we welcome all visitors to this site, we cannot guarantee that the website is appropriate or available for use in any territory. Those who visit the website from outside South Africa are responsible for complying with all applicable laws.

11. GENERAL TERMS

12.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website. You are expected to check this page frequently to take note of any changes we make. Your continued use of our website will be deemed to constitute your acceptance of such changes.

12.2 You must not publish or use for commercial purposes any part of the materials on the amandla website without obtaining written consent from us.

12.3 If you are aware of any breach of these the Terms of Service or other misuse of the amandla website site, please notify the staff team by writing to [email protected]

12.4 These Terms of Service set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications.

12.5 There is no relationship of employment, partnership, agency or fiduciaries between you and us.

This page and the Amandla website are owned and operated by us, amandla.mobi (NPC 201417630708).