Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Tourism Conservation Fund web site located at tourismconservationfund.org, and all associated sites linked to tourismconservationfund.org by Tourism Conservation Fund, its subsidiaries and affiliates, including Tourism Conservation Fund sites around the world (collectively, the “Site”). The Site is the property of Tourism Conservation Fund (“Tourism Conservation Fund”) and its licensors.

By using the site, you agree  to these terms of use; if you do not agree, do not use the site. Tourism Conservation Fund reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Tourism Conservation Fund grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content 

All text,  graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Tourism Conservation Fund, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Tourism Conservation Fund’s express prior written consent. You may use information on Tourism Conservation Fund products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Tourism Conservation Fund for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tourism Conservation Fund reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tourism Conservation Fund server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tourism Conservation Fund, including any Tourism Conservation Fund account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tourism Conservation Fund’s systems or networks, or any systems or networks connected to the Site or to Tourism Conservation Fund. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tourism Conservation Fund on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tourism Conservation Fund or others.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Tourism Conservation Fund’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Tourism Conservation Fund may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Tourism Conservation Fund makes no commitment to update the materials on the Site with respect to such products and services.

Acceptance of Donations

Tourism Conservation Fund accepts donations in the form of direct deposits, credit card payments, third party online payment systems, and other approved forms of in-kind donations. Tourism Conservation Fund holds bank accounts in South Africa. As soon as the finance department is notified of any payments made to such account, Tourism Conservation Fund will either send donors a receipt of donation and a thank-you letter or comply with reporting requirements specified in the donor contract. In the case of donations made in-kind, the amount of the donation recorded will be acquired through independent valuation. Tourism Conservation Fund accepts donations only under the premise that no material benefit or advantage will be provided to the donor. The transaction currency for donations made through third party online payment systems will be South African Rand (ZAR).

Refunds and Cancellations

Tourism Conservation Fund endeavours to use the donation in accordance with the original specified purpose. Where this is not possible Tourism Conservation Fund will contact the donor, or the donor’s representative, to discuss other uses for the funds. If a decision is not agreed upon regarding acceptable alternatives, the donor will be refunded or the contract, and any further payment instalments, discontinued. Where an excess of funds has been raised for a specific purpose, such as a crowd funding campaign, funds will be diverted to other relevant Tourism Conservation Fund activities as stated on the original ask. If no such alternative purpose was stated, donors will be notified via email and given the option of having their funds diverted to another Tourism Conservation Fund activity, or being refunded. Any request for a refund not covered in the descriptions above will be considered and determined on a case-by-case basis

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (For example to apply for the Grant Management System). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify the Tourism Conservation Fund and Grant Management System  immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Tourism Conservation Fund and Grant Management System  or any other user of or visitor to the Site due to someone else using your Tourism Conservation Fund and Grant Management System  ID, password or account. You may not use anyone else’s Tourism Conservation Fund and Grant Management System  ID, password or account at any time without the express permission and consent of the holder of that Tourism Conservation Fund and Grant Management System  ID, password or account. Tourism Conservation Fund cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Tourism Conservation Fund Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Tourism Conservation Fund’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to other sites

This site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Tourism Conservation Fund’s control, and Tourism Conservation Fund is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites

Disclaimers

Tourism Conservation Fund does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Tourism Conservation Fund cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.  Tourism Conservation Fund disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchant ability and fitness for a particular purpose.  Tourism Conservation Fund disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Tourism Conservation Fund services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Tourism Conservation Fund for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part  of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Tourism Conservation Fund reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The information shared and opinions expressed on the Tourism Conservation Fund’s web site and social media channels are those of the Tourism Conservation Fund. They do not necessarily reflect the viewpoints of the Fund’s founding members, funding partners, beneficiaries, or any other entity to which the Fund is, has been, or will be affiliated.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Tourism Conservation Fund with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Tourism Conservation Fund with respect to such use are hereby superseded and cancelled. Tourism Conservation Fund will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Tourism Conservation Fund’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Tourism Conservation Fund of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Tourism Conservation Fund and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Tourism Conservation Fund provides access to Tourism Conservation Fund international data and, therefore, may contain references or cross references to Tourism Conservation Fund products, programs and services that are not announced in your country. Such reference does not imply that Tourism Conservation Fund in your country intends to announce such products, programs or services

Feedback and information

Any feedback you provide at this site shall be deemed to be non-confidential. Tourism Conservation Fund shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

Any party seeking to report violations to Tourism Consevarvation Funds policy may contact via email: info@tcfund.org.za

Last updated 23 April 2018